NHPA Section 106 Consultant

Date: April 9, 2026
To: Potential Bidder
Subject: Section 106 Consultation for Sangamon Mass Transit District
To Whom It May Concern:
Springfield Mass Transit District dba Sangamon Mass Transit District (the "District") is seeking consulting
services to prepare a National Historic Preservation Act, Section 106 review in compliance with the Illinois
State Historic Preservation Office (SHPO) for the District's proposed Employee Parking Lot. The Federal
Transit Administration (FTA) requires Section 106 consultation for all land acquisition and construction
projects that may use federal funding.
The procurement schedule is as follows:
April 9, 2026 Issue Request for Quotes
April 16, 2026 by 2:00 PM CST Deadline for submitting questions to purchasing@smtd.org
April 23, 2026 by 2:00 PM CST Addendum will be released, if applicable
April 30, 2026 by 2:00 PM CST Quotes are due to bids@smtd.org
May 4, 2026 Issue Notice to Proceed
All official correspondence regarding this Request for Quotes (RFQ) shall be transmitted to and from the
District's Grants and Procurement Manager, Hadley Markiewicz, in writing to purchasing@smtd.org.
All necessary information is attached as follows:
Section 1: Procurement Information
Section 2: Quote Form
Section 3: Terms and Conditions
Section 4: Project Location
Sincerely,
Hadley Markiewicz
Grants and Procurement Manager

SECTION 1: PROCUREMENT INFORMATION
Submission
* Quotes shall be submitted electronically to bids@smtd.org.
* Quotes shall be valid for 60 days from the date of submission.
Term
The Consultant shall submit the written report to the District no more than 60 days after a Notice to
Proceed has been issued.
Scope of Work
The District is proposing the construction of an Employee Parking Lot at 800 S 9th St, Springfield, IL. The
parcel will be subdivided at acquisition. The project will include the demolition of three structures on the
property as well as removal of concrete slabs and other debris. A map of the proposed project location is
included in Section 4.
The Section 106 review must be completed by a Secretary Of Interior (SOI) qualified consultant and shall:
* Define and document the area of potential effect (APE);
o The District shall submit the APE for approval from the FTA prior to work being completed.
* Identify historic properties within the APE;
* Evaluate the historic significance of properties identified in the APE, regardless of age; and
* Consult with relevant parties to identify issues related to the project's potential effects.
The findings of the Section 106 review shall be detailed in a written report with supporting documentation
and a recommendation for a determination. The District will submit the report to the FTA. If approved, the
FTA will submit the findings and supporting documentation to the State Historic Preservation Office and
Tribal Historic Preservation Office for their review.
Evaluation and Selection
The work under this contract will be awarded for a firm-fixed price. The District will consider
qualifications, capability, approach, and price. Consultants are expected to apply professional practices and
techniques that meet each condition set forth in this Request for Quotes.
Quotes will be evaluated on the following criteria:
* Methodology (50%): The Consultant provided details on their process and will address the scope
of work completely.
* Price (20%): A price normalization formula will be used to compare quotes.
(Lowest Price/Vendor Price) x 20= Price Score
* Team (15%): The Consultant, including subcontractors if necessary, have the appropriate
qualifications.
* Past Contracts (15%): The Consultant has experience with government contracts. Experience with
the Federal Transit Administration is desirable. Include a list of similar contracts from the past two
years in submission.
Payment Method
Payments are issued within 30 days of receiving an invoice detailing the work completed. The District
issues all payment through ACH. Please be prepared to complete an ACH form and supply a W-9.

SECTION 2: QUOTE FORM
Project Issue Date Closing Date
Section 106 Consultant- Employee Parking Lot April 9, 2026 May 4, 2026
Name of Company
Address, City, State, Zip Code
Contact Person
Phone Number Email Address
The undersigned, having examined and understanding all quote documents attached hereto, agrees to
provide the services as specified herein for the total fee of $ .
I, , hereby state that:
PRINTED NAME
* All the information I have provided is true and accurate;
* I have the authority to submit this quote which will become part of a binding contract if accepted by
the District; and
* I have read, understand, and agree to be bound by all the terms and conditions included in this
Request for Quotes.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
NAME AND TITLE
DATE

SECTION 3: TERMS AND CONDITIONS
1.0 Access to Third Party Contract Records
1.1 The Proposer agrees to provide the District, the FTA Administrator, the Comptroller General of the United
States or any of their authorized representatives access to any books, documents, papers and records of the
Proposer which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. Proposer also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA
Administrator or his authorized representatives including any PMO access to Proposer's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
1.2 The Proposer agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
1.3 The Proposer agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than five (5) years after the date of termination or expiration of this contract, except in the
event of litigation or settlement of claims arising from the performance of this contract, in which case
Proposer agrees to maintain same until the Proposer, the State of Illinois or its authorized representatives,
the Federal Transit Administration Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference
49 C.F.R. Part 18.39(i)(11).
1.4 The Federal Transit Administration does not require the inclusion of these requirements in subcontracts.
2.0 Changes to Federal Requirements
Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any
Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or
changes in the Recipient's Underlying Agreement including any information incorporated by reference and made part
of that Underlying Agreement; and applicable changes to those federal requirements will apply to each Third Party
Agreement and parties thereto at any tier.
3.0 Civil Rights Laws and Regulations
3.1 The following Federal Civil Rights laws and regulations apply to all contracts. The Contractor and any
subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race,
color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S.
DOT regulation "Nondiscrimination in Federally Assisted Programs of the Department of Transportation -
Effectuation of the Title VI of the Civil rights Act, "49 C.F. R. Part 21 and any implementing requirement FTA
may issue.
3.2 Federal Equal Employment Opportunity (EEO) Requirements include, but are not limited to:
3.2.1 Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. 5332, covering projects,
programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of
race, color, religion, national origin, sex (including sexual orientation and gender identity), disability,
or age, and prohibits discrimination in employment or business opportunity.
3.2.2 Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended,
42 U.S.C. 2000e, and Executive Order No. 11246, "Equal Employment Opportunity," September 24,
1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or
national origin.
3.2.3 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended,
20 U.S.C. 1681 et seq. and implementing Federal regulations, "Nondiscrimination on the Basis of
Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25
prohibit discrimination on the basis of sex.
3.2.4 Nondiscrimination on the Basis of Age. The "Age Discrimination Act of 1975," as amended, 42 U.S.C.
6101 et seq., and Department of Health and Human Services implementing regulations,
"Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial
Assistance," 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs
against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C.
621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, "Age
Discrimination in Employment Act," 29 C.F.R. part 1625, also prohibit employment discrimination

against individuals age 40 and over on the basis of age.
3.2.5 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as
amended (ADA), 42 U.S.C. 12101 et seq., prohibits discrimination against qualified individuals with
disabilities in programs, activities, and services, and imposes specific requirements on public and
private entities. Third party contractors must comply with their responsibilities under Titles I, II, III,
IV, and V of the ADA in employment, public services, public accommodations, telecommunications,
and other provisions, many of which are subject to regulations issued by other Federal agencies.
3.3 Civil Rights and Equal Opportunity: The Agency is an Equal Opportunity Employer. As such, the Agency
agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from
inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the
requirements of 49 U.S.C. 5323(h) (3) by not using any Federal assistance awarded by FTA to support
procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at
all times comply with the following requirements and shall include these requirements in each subcontract
entered into as part thereof.
3.3.1 Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. 5332, the Contractor agrees
that it will not discriminate against any employee or applicant for employment because of race, color,
religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with
applicable Federal implementing regulations and other implementing requirements FTA may issue.
3.3.2 Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. 2000e et seq., and Federal transit laws at 49 U.S.C. 5332, the Contractor agrees
to comply with all applicable equal employment opportunity requirements of U.S. Department of
Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal
Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. 2000e note, as
amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. 2000e
note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color, religion, national
origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be
limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
3.3.3 Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. 621 634, U.S. Equal
Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment
Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.,
U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or
Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49
U.S.C. 5332, the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any Implementing
requirements FTA may issue.
3.3.4 Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., the
Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151 et seq., and Federal transit law at 49
U.S.C. 5332, the Contractor agrees that it will not discriminate against individuals on the basis of
disability. In addition, the Contractor agrees to comply with any implementing requirements FTA
may issue.
3.3.5 Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is
expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy
requirements: including, but not limited to, those protecting free speech, religious liberty, public
welfare, the environment, and prohibiting discrimination.
4.0 Contract Changes
Any proposed change in this contract shall be submitted to the District in writing for its prior approval.

5.0 Energy Conservation
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42
U.S.C. 6201).
6.0 Federal Tax Liability and Recent Felony Convictions
The contractor certifies that it:
6.1 Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability; and
6.2 Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.
6.3 If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third
Party Agreement with the Third Party Participant without FTA's written approval.
6.4 Flow Down. The Recipient agrees to require the contractor to flow this requirement down to participants at
all lower tiers, without regard to the value of any subagreement.
7.0 Financial Assistance Acknowledgement
The Contract is subject to financial assistance contracts between and/or among the District, the Illinois Department of
Transportation, and the United States Department of Transportation.
8.0 Incorporation of Federal Transit Administration (FTA) Terms
The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), whether or
not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2
CFR 200 or as amended by 2 CFR 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated
by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the
event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to
perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
9.0 Insurance Requirements
In the event installation or any other work in connection with the goods or services purchased hereunder is to be
performed on the District's premises, the following terms and conditions apply:
9.1 Upon request of the District, the Contractor agrees to furnish evidence acceptable to the District of adequate
insurance coverage of public liability, automobile liability, property damage liability, and workers'
compensation. The Contractor shall, at all times during the project, maintain and provide Certificate of
Insurance naming the District as additional insured for all required insurance. Certificates may not be
modified or canceled until at least 30 days' notice has been provided to the District.
9.2 The Contractor shall carry general liability insurance to cover its liability to third parties for personal injury
and property damage with a single limit liability of at least $1,000,000 and at least $2,000,000 in the
aggregate.
9.2.1 The Contractor shall carry Auto Liability, including Hired Auto and Non-owned Auto, Combined
Single Limit Bodily Injury and Property Damage in amount of $1,000,000 per occurrence with a
deductible of not more than $10,000.
9.2.2 The Contractor shall carry Worker's Compensation Insurance in the amount required by law. Include
a waiver of subrogation in Favor of Springfield Mass Transit District
Insurance shall not limit the Contractor's obligation to indemnify, defend, or settle any claims.
9.3 Subcontractor's Liability. Any portion of the Work to be performed for the Contractor by a Subcontractor
shall be performed pursuant to an appropriate written subcontract between Contractor and Subcontractor.
No subcontract shall relieve the Contractor of its obligations under this agreement. The Contractor shall
remain responsible for all subcontracted work, and the Contractor shall be as fully liable to the District for the
acts and omissions of its Subcontractors, their agents, representatives, and persons directly or indirectly
employed by them as it is for the acts and omissions of Contractor' own employees. Any subcontracts
between Contractor and Subcontractor will obligate the Subcontractor to the District to the same extent as
the Contractor is obligated to the District. The District is a third-party beneficiary of such Subcontractor or
Subcontractors and, in that regard, will have the same rights against the Subcontractor as the Contractor

would have against the Subcontractor. Such subcontracts will specifically require that the Subcontractor will
comply with the insurance provisions of this agreement for the benefit of the District, to the same extent that
the Contractor is obligated to do so.
9.4 Contractor agrees to comply with all rules and regulations including, but not limited to, general rules and
regulations, electronic regulations, smoking restrictions, and safety requirements.
10.0 No Government Obligation to Third Parties
The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent
by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any
obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in
each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that
the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
11.0 Patent Rights And Rights In Data
11.1 Intellectual Property Rights. This Project is funded through a Federal award with FTA for experimental,
developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all
subject data first produced in the performance of this Contract. The Contractor shall grant the Agency
intellectual property access and licenses deemed necessary for the work performed under this Contract
and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"
and any implementing regulations issued by FTA or U.S. DOT.
The terms of an intellectual property agreement and software license rights will be finalized prior to
execution of this Contract and shall, at a minimum, include the following restrictions:
Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or
in part, or in any manner or form, nor may the Contractor authorize others to do so, without the
written consent of FTA, until such time as FTA may have either released or approved the release of such
data to the public. This restriction on publication, however, does not apply to any contract with an
academic institution.
For purposes of this Contract, the term "subject data" means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of
"subject data" include, but are not limited to computer software, standards, specifications, engineering
drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and
related information, but do not include financial reports, cost analyses, or other similar information used
for performance or administration of the Contract.
11.2 The Federal Government reserves a royalty free, non exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use for "Federal Government Purposes," any subject
data or copyright described below. For "Federal Government Purposes," means use only for the direct
purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may
not extend its Federal license to any other party.
11.2.1 Any subject data developed under the Contract, whether or not a copyright has been obtained; and
11.2.2 Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by
the FTA.
11.3 Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research
work required as part of this Contract agrees to permit FTA to make available to the public, either FTA's
license in the copyright to any subject data developed in the course of the Contract, or a copy of the
subject data first produced under the Contract for which a copyright has not been obtained. If the
experimental, developmental, or research work, which is the subject of this Contract, is not completed for
any reason whatsoever, all data developed under the Contract shall become subject data as defined herein
and shall be delivered as the Federal Government may direct.
11.4 Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to
indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting
within the scope of their official duties against any liability, including costs and expenses, resulting

from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any
data furnished under that contract. The Contractor shall not be required to indemnify the Federal
Government for any such liability arising out of the wrongful act of any employee, official, or agents of
the Federal Government.
11.5 Nothing contained in this clause on rights in data shall imply a license to the Federal Government under
any patent or be construed as affecting the scope of any license or other right otherwise granted to the
Federal Government under any patent.
11.6 Data developed by the Contractor and financed entirely without using Federal assistance provided by the
Federal Government that has been incorporated into work required by the underlying Contract is exempt
from the requirements herein, provided that the Contractor identifies those data in writing at the time of
delivery of the Contract work.
11.7 The Contractor agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance.
12.0 Program Fraud and False or Fraudulent Statements and Related Acts
12.1 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31,
apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the Contractor further
acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
12.2 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification to the Federal Government under a contract connected with a project
that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of
49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49
U.S.C. 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
12.3 The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.
13.0 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:
* Procure or obtain covered telecommunications equipment or services;
* Extend or renew a contract to procure or obtain covered telecommunications equipment or services;
or
* Enter into a contract (or extend or renew a contract) to procure or obtain covered
telecommunications equipment or services.
As described in section 889 of Public Law 115-232, "covered telecommunications equipment or services" means any
of the following:
* Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or
any subsidiary or affiliate of such entities);
* For the purpose of public safety, security of government facilities, physical security surveillance of
critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate
of such entities);
* Telecommunications or video surveillance services provided by such entities or using such

equipment;
* Telecommunications or video surveillance equipment or services produced or provided by an entity
that the Secretary of Defense, in consultation with the Director of the National Intelligence or the
Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the government of a covered foreign country;
* For the purposes of this section, "covered telecommunications equipment or services" also include
systems that use covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
In implementing the prohibition under section 889 of Public Law 115 232, heads of executive agencies administering
loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses,
institutions and organizations as is reasonably necessary for those affected entities to transition from covered
telecommunications equipment or services, to procure replacement equipment or services, and to ensure that
communications service to users and customers is sustained.
When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on
covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to
certify that funds will not be expended on covered telecommunications equipment or services beyond the certification
provided upon accepting the loan or grant and those provided upon submitting payment requests and financial
reports.
For additional information, see section 889 of Public Law 115 232 and 200.471.
14.0 Prompt Payment
THIS CLAUSE APPLIES TO ALL SUBCONTRACTORS.
14.1 The Proposer agrees to pay each Subcontractor under this contract for satisfactory performance of its
contract no later than thirty (30) calendar days from the receipt of each payment the Proposer receives from
the District. Any delay or postponement of payment from the above referenced time frame may occur only for
compelling cause following written approval of the District.
14.2 If the Proposer fails to pay the Subcontractor within thirty (30) calendar days, the Proposer must notify the
District and the Subcontractor, in writing, of its intention to withhold all or a part of the Subcontractor's
payment with the reason for nonpayment.
14.3 The Proposer is obligated to pay interest to the Subcontractor on all amounts owed by the Proposer that
remain unpaid after thirty (30) calendar days following receipt by the Proposer of payment from the District
for work performed by the Subcontractor under that contract, except for amounts withheld as allowed in
subdivision (1) of this section. Unless otherwise provided under the terms of the contract, interest shall
accrue at the rate of one percent (1%) per month, except for the allowable amounts withheld. Notification of
failure by the Proposer to make prompt payment to the Subcontractor hereinbefore provided will result in
notification to the Proposer's bonding company by the District.
14.4 Should either the Proposer or Subcontractor advise the District of a payment issue involving a Disadvantaged
Business Enterprise Contractor, the Disadvantaged Business Enterprise officer shall be notified to investigate,
as appropriate.
14.5 The Proposer must promptly notify the District whenever a Disadvantaged Business Enterprise
Subcontractor performing work related to this contract is terminated or fails to complete its work and must
make good faith efforts to engage another Disadvantaged Business Enterprise Subcontractor to perform at
least the same amount of work. The Proposer may not terminate any Disadvantaged Business Enterprise
Subcontractor and perform that work through its own forces or those of an affiliate without the prior written
consent of the District.
14.6 The District shall conduct prompt payment audits that require the Proposer to submit proper documentation
to verify compliance with this provision.
14.7 Failure to comply with these prompt payment requirements is a breach of the contract, which may lead to any
remedies permitted under law, including, but not limited to, Proposer debarment. In addition, the Proposer's
failure to promptly pay its Subcontractors is subject to the provisions of 50 ILCS 505/9.

15.0 Protest Procedures
Protests may be made by prospective Proposers whose direct economic interest would be affected by the award of a
contract or by failure to award a contract. The District will consider all protests requested promptly about the award
of a contract, whether submitted before or after an award.
All protests are to be submitted in writing to:
Springfield Mass Transit District
928 South Ninth Street
Springfield, IL 62703-2497
Protest submissions should be concise, logically arranged, and clearly state the grounds for protest. A protest must
include at least the following information:
* Name, address, and telephone number of protestor;
* Identification of contract solicitation number;
* A detailed statement of the legal and factual grounds of the protest, including copies of relevant
documents; and
* A statement as to what relief is requested.
Protests must be submitted to the District in accordance with these Bid and proposal procedures and time
requirements, must be complete and contain all issues that the protestor believes relevant.
15.1 Protests before Bid Opening. Bid protests alleging restrictive specifications or improprieties which are apparent
prior to bid opening or receipt of bids must be submitted in writing to the District Managing Director at the
address above and must be received at least ten (10) days prior to bid opening or closing date for receipt of
bids. If the written protest is not received by the time specified, then bids may be received an award made in
the normal manner.
15.1.1 Oral protests not followed up by a written protest will be disregarded. As far as practical, appeals will
be decided based on the written appeal, information and written response submitted by the
appealing party and other Bidders.
15.1.2 The failure of any party to timely respond to a request for information, may be deemed by the
District that such party does not desire to participate in the proceeding, does not contest the matter,
or does not desire to submit a response, and in such a case, the protest will proceed and will not be
delayed due to the lack of a response.
15.1.3 Upon receipt and review of written submissions and any independent evaluation deemed
appropriate by the District; the Managing Director may conduct an informal hearing at which the
interested parties will be afforded opportunity to present their respective positions and facts,
documents, justification, and technical information in support thereof. Following the informal
hearing, if one is held, the Managing Director will render a decision, which shall be final, and notify all
interested parties thereof in writing no later than ten (10) business days from the date of the
informal hearing. Note: In all instances, the District must disclose the protest to FTA along with the
District's written determination.
15.2 Prior to Award. Protests to awards made by the District Board must be submitted in writing to the Managing
Director and received within five (5) days of the award by the District Board. Notice of the protest and the
basis therefore will be given to all Proposers. In addition, when a protest against the award made by the
District Board is received and it is determined to withhold the award pending disposition of the protest, the
Proposer whose proposal might become eligible for award shall be requested, before expiration of the time
for acceptance, to extend or to withdraw the proposal. Where a written protest against the making of an
award is received in the period specified, award will not be made prior to five (5) days after resolution of the
protest unless the District determines that:
* The items to be purchased are urgently required;
* Delivery or performance will be unduly delayed by failure to make award promptly; or
* Failure to make an award will otherwise cause undue harm to the District or the federal government.