Traction Power Substation Rehabilitation Program ? Contract 5 Broad, Loudon, Park and Castor Substations Project

INSTRUCTIONS TO BIDDERS
1. Read All Contract Documents!!!
Bidders shall carefully examine the Contract Documents in their entirety as no extra
payments or allowance will be made for ignorance or for failure to comprehend any of
the conditions set out anywhere in this entire package.
2. Firm Bids
Each bid submitted shall remain firm for at least ninety (90) days from the date of the
Bid Opening and may not be withdrawn in whole or in part during that time. Bidder
shall forfeit its bid security to the extent of the damage to SEPTA occasioned by such
withdrawal.
3. Complete Price
The price quoted in any bid submitted shall include all items of labor, materials, tools,
equipment, insurance, and other costs necessary to fully complete the work pursuant
to the Contract Documents. The Contract Documents intend to provide and require a
completed work project ready for operation. Any work items omitted from such
Contract Documents which are clearly necessary for the completion of such work and
its appurtenances shall be considered a part of such work although not explicitly
specified or called for in the Contract Documents. The total price quoted for any
item(s) shall be deemed by SEPTA to include the costs, and NO EXTRAS will be
allowed on that account. Bids which purport to exclude these costs will be rejected as
non-responsive.
4. Basis of Award
An award, if any will be to the lowest responsive, responsible bidder excluding any
cash discount offered for all item(s) listed in the Schedule A per Specifications, if
applicable, as deemed in the best interest of SEPTA. Any contract(s) to be awarded
will be awarded to the RESPONSIBLE BIDDER(S) submitting the LOWEST
RESPONSIVE BID or COMBINATION of BIDS. In considering alternates the
following will prevail:
a. Where alternates (additive or deductive) are not permitted or requested or
where SEPTA elects to award a contract excluding alternates, the award, if one
is made, shall be made to the responsible bidder submitting the lowest BASE
BID.
b. Where alternates (additive or deductive) are required to be bid and such
alternates may be selected by SEPTA as part of the performance under the
contract, the award(s), if one is made, shall be made to the responsible bidder
submitting the lowest BASE BID (price without consideration of alternates).
However, award of work for alternates may only be made to the bidder
submitting the lowest BASE BID if the total of the BASE BID and the bid for
such alternate or alternates, is the lowest bid submitted. If the bidder submitting
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the lowest BASE BID is not the lowest bidder for the total BASE BID plus
alternate, or alternates, no alternates shall be awarded.
c. Responsiveness. A responsive bid is one, both as to form and substance, which
conforms to all the essential terms and conditions of the Invitation and in which
the work/material offered meets the specifications in all essential respects.
SEPTA reserves the right to waive minor informalities or irregularities whenever
it is to the advantage of SEPTA to do so.
d. Responsibility. SEPTA will only award a contract to a firm which it has
determined to be responsible. The Bidder shall furnish adequate
documentation, as determined by SEPTA, within five (5) days of receipt of
SEPTA's written request to permit SEPTA to determine the responsibility of
the bidder. A responsible bidder is one which meets the following standards:
(1) Integrity and Ethics -- Has a satisfactory record of integrity and business
ethics, in compliance with 49 U.S.C. section 5325(j) (2) (A);
(2) Debarment and Suspension - Is neither debarred nor suspended from
Federal programs under DOT regulations, "Non procurement Suspension
and Debarment," 2CFR Parts 180 and 1200, or under FAR at 48CFR
Chapter 1 Part 9.4 or any Commonwealth of Pennsylvania funded
programs;
(3) DBE - Is in compliance with DOTs' Disadvantaged Business Enterprise
requirements, 49 CFR part 26;
(4) Public Policy - Is in compliance with the public policies of the Federal
Government, as required by 49 U.S.C. Section 5325 (j) (2) (B) and
Commonwealth of Pennsylvania public policies;
(5) Administrative and Technical Capacity - has the necessary organization,
experience, accounting, and operational controls and technical skills, or
the ability to obtain them in compliance with 79 U.S.C Section 5325 (j)
(2) (D);
(6) Licensing and Taxes - Is in compliance with applicable licensing and tax
laws and regulations;
(7) Financial Resources - has, or can obtain, sufficient financial resources to
perform the contract, as required by 49 U.S.C. Section 5325 (j) (2) (D);
(8) Production Capability - Has, or can obtain, the necessary production,
construction and technical equipment and facilities;
(9) Timeliness - Is able to comply with the required delivery or performance
schedule, taking into consideration all existing commercial and
governmental business commitments;
(10) Performance Record provides a satisfactory current and past
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performance record.
SEPTA RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY
PART OF ANY OR ALL BIDS, WHENEVER IT IS IN THE BEST INTEREST
OF SEPTA TO DO SO. MOREOVER, SEPTA IS PROHIBITED FROM
ENTERING INTO COST PLUS PERCENTAGE OF COST CONTRACTS
UNDER ITS PROCUREMENT MANUAL AND APPLICABLE STATE AND
FEDERAL REGULATIONS.
5. Taxes
Bidder, because of any contract entered into pursuant to this Invitation, may be subject
to certain business taxes imposed by, but not limited to, municipal, school district,
Commonwealth of Pennsylvania, and/or the Federal government.
As to the sales tax imposed by the Commonwealth and some municipalities, bidder is
directed to the provisions in Pennsylvania law found at 72 P.S. 72 7201 et seq.
SEPTA makes no representation that these statutes are the only relevant statutes that
apply to this Invitation.
Bidder acknowledges that nothing in this Invitation constitutes legal advice by SEPTA
thereon. Bidder, to whatever extent that Bidder deems necessary, must obtain its own
legal advice on any question concerning relevant taxes. Bidder is responsible for
investigating whether it is subject to municipal, Commonwealth or Federal taxes and
for paying such tax if applicable. Bidders are hereby informed that SEPTA is obligated
by law to furnish governmental entities. Upon their request, the name and address of
any person or firm with whom SEPTA has a contract for goods and/or services.
6. Time of Completion, Completion Date
The work must be completed within 2,035 calendar days from the date of receipt by
contractor of SEPTA's NOTICE TO PROCEED.
7. Bid Security
Each complete bid must be accompanied by: (1) BID BOND; (2) CASHIER'S
CHECK; (3) CERTIFIED CHECK; (4) TREASURER'S CHECK; and/or (5)
OFFICIAL BANK CHECK, in an amount of not less than FIVE PERCENT (5%) of
the Amount Bid, including alternates, if any, and drawn in favor of the
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY
(hereinafter called "Bid Security"). The Bid Security of the three lowest bidders shall
be retained by SEPTA for a period of ninety (90) days, or until a contract is awarded
and entered into, or all bids are rejected, whichever comes first. SEPTA shall be
entitled but shall not have the obligation to cash bidder's Bid Security check and to
invest the proceeds and to retain any income generated thereby and bidder, by
submission of its bid, consents to SEPTA's retention of any income generated by such
Bid Security. As used in this provision "Amount Bid" shall mean that amount which
is the sum of the BASE BID plus all alternates which are bid unless such alternates are
mutually exclusive or would result in deducts in which case "Amount Bid" as used
herein shall be the highest possible contract price taking into consideration all possible
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combinations of alternates which might be included in an actual award.
The Bid Bond must be issued by a fully qualified surety company acceptable to SEPTA
and listed as a company currently authorized under 31 CFR Part 223 as possessing a
Certificate of Authority as described thereunder.
8. Discrepancies Duty of Bidder to Clarify Ambiguities
Should a bidder find any discrepancy or ambiguity, or omission from the drawings
and/or specifications, or should it be in doubt as to their meaning, the Bidder must at
once notify SEPTA who will, if it determines it to be necessary, send a written
addendum for clarification purposes to all bidders. Only written modifications issued
as addenda will affect changes in the Bidding and/or Contract Documents. Failure of
bidder to clarify ambiguities prior to bid opening constitutes a waiver of their right to
raise any such ambiguity after bid opening.
9. Addenda
The contents of all addenda to bidders are to be incorporated in the bid and will become
part of the Bidding and/or Contract Documents. Revisions to the Bid Opening date, if
any, will be noted in said addenda.
10. Site Inspections
Bidder(s) shall visit the site(s) of the work to obtain firsthand knowledge of existing
conditions. Visits to the work site(s) shall be made by pre-arranged appointments with
SEPTA's Justin Benante telephone no.215-580-7022.
Failure to inspect the work site(s) may be grounds for disqualification of a bidder at
SEPTA's discretion. In any event, no allowances or extra payments shall be made on
account of site conditions which reasonable inspection would have disclosed.
The Grantee agrees, and assures that each Subgrantee, if any, will agree to the
following: provide, and require its Third Party Participants at each tier to provide,
sufficient access to inspect and audit records and information, including such records
and information the Grantee or its Third Party Participants may regard as confidential
or proprietary related to its Award, the accompanying Underlying Agreement, and any
Amendments thereto to the U.S Secretary of Transportation or the Secretary's duly
authorized representatives, to the Comptroller General of the United States, and the
Comptroller General's duly authorized representatives, and to the Grantee and each of
its Subgrantees.
11. Subcontractor's Listing
Bidders, as part of their bids, are to submit a subcontractor list where indicated on the
bid form. SEPTA reserves the right, prior to award, to approve or disapprove of all
subcontractors who will be hired to perform portions of the work. Apparent low bidder
must submit to SEPTA the list of their proposed subcontractors within five (5) days of
the bid opening utilizing the Subcontractor/Supplier Participation Schedule. The
awardee must also provide SEPTA with an updated subcontractor list if any changes
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are made during the project within five (5) days of any changes.
12. Or Equal
Where items of equipment and/or material are defined by using a trade name or the
name and catalog number of a particular manufacturer or vendor, or a limited
description, the term "OR EQUAL" if not written thereafter shall be implied. Any
reference to a particular manufacturer's product either by trade name or limited
description is only for purposes of setting a standard of performance, quality,
composition, construction, or size.
The term "OR EQUAL" means any other manufactured product or article which is
equivalent in material, workmanship and service and is as efficient and economical in
operation in the opinion of SEPTA.
13. Bid Package
The Bid Package that will be submitted to SEPTA must include the following to be
considered responsive:
a. Signed Bid Acknowledgement Form.
b. Bid Security
c. Buy America Certificate, signed (If the highest possible Contract Sum, taking
into consideration of all items bid and all possible combinations of alternates
which might be included in the actual award is over $150,000).
14. Contract
The bidders should execute and submit one (1) copy of the Agreement (pages 1
through 165) and all its Exhibits and, if applicable, Special Conditions.
If bidder's Bid Form contains base bid and ALTERNATES (additive or deductive)
bidder shall leave Paragraph II. (Contract Sum) of the Agreement blank. The final
dollar amount shall be inserted by SEPTA in accordance with bidders' bid based on
base bid plus or minus those alternates chosen by SEPTA.
The Agreements of all bidders will be retained by SEPTA until (a) a contract is
awarded and entered into; (b) a period of ninety (90) days has passed or; (c) all bids
are rejected, whichever comes first.
15. Non-Collusion Requirement
In the event bidder is deemed the lowest responsive bidder and as part of the bid signed
herewith, bidder hereby agrees to sign an Affidavit of Non-Collusion, if requested by
SEPTA, in a form acceptable to SEPTA prior to the award, if any, of the contract. A
sample of Affidavit of Non-Collusion is included in the Bid Forms.
16. Construction Subcontracting Requirements
Bidders are reminded that SEPTA's construction contract sets forth requirements
which must be met by and included in any subcontract awarded by a construction
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contractor under contract to SEPTA. The general requirements which must be met by
a subcontract are set forth in Paragraph IX. Subcontracts of the contract. All Federal
and State provisions and clauses (Exhibits I, II & IV) must be included in all
subcontracts.
17. Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Suspension and Debarment
This contract is a covered transaction for the purposes of 49 CFR Part 29. As such, the
Contractor is required to verify that none of the Contractor's principals, as defined at
49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded, or
disqualified as defined at 49 CFR 29.940 and 29.945.
The Contractor is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered
transaction it enters into. By signing and submitting its bid, the bidder certifies as
follows:
The certification in this clause is a material representation of fact relied upon by
SEPTA. If it is later determined that the bidder knowingly rendered an erroneous
certification, in addition to remedies available to SEPTA, the Federal Government
may pursue available remedies, including but not limited to suspension and/or
debarment. The bidder agrees to comply with the requirements of 49 CFR 29, Subpart
C, while this offer is valid and throughout the period of any contract that may arise
from this offer. The bidder further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
18. Disadvantaged Business Enterprise DBE Goal - NOT APPLICABLE
No Goal(s) Established
While SEPTA has not established a goal for this solicitation, we must attempt to use
race-neutral means of obtaining DBE participation whenever possible. In accordance
with 49 CFR parts 26.39 and 26.51, we strongly encourage prime contractors to
provide subcontracting opportunities that small businesses, including DBEs, can
reasonably perform. If the successful bidder will be using a DBE subcontractor/
subconsultant/supplier in conjunction with the contract, the bidder must submit a
properly executed DBE Participation Schedule for each participating DBE
subcontractor/subconsultant/supplier. Please refer to the DBE section, Exhibit IV.
19. SEPTA Solicitation Statistics Survey DBE and Non-DBE Contractor/Subcontractor
All Bidders are asked to complete a SEPTA Solicitation Statistics Survey for
themselves and each of their DBE and non-DBE bidders in accordance with 49 CFR
part 26.11. The form is to be signed by an officer legally authorized to bind the Bidder
to a Contract and shall be submitted to SEPTA within five (5) days of the bid opening.
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20. Steel Products Act
All steel products used or supplied in the performance of the Contract shall be products
produced from steel made in the United States in conformity with the Steel Products
Procurement Act of 1978 (Act No. 3 of 1978, March 3, P.L. 6 (73 P.S. 1881 et seq.)),
as amended and, if the federal Buy America requirements are applicable to the
Contract, in full conformity with the Buy America provisions of 49 U.S.C. 5323(j)
[formerly the Federal Surface Transportation Assistance Act of 1982, as amended]
and the applicable regulations in 49 CFR Part 661.
The Commonwealth of Pennsylvania considers the requirements of the Steel Products
Procurement Act to be met for federally funded projects with the federal Buy America
Requirements.
21. Certification Regarding Lobbying. (If the highest possible Contract Sum, taking into
consideration all items bid and all possible combinations of alternates which might be
included in the actual award is over $100,000)
By signing and submitting a bid, the bidder agrees to furnish the Certification Regarding
Lobbying. The signed Certification may be submitted concurrently with the submission
of the Bid Forms. If the Certification is not submitted along with the Bid Forms, it shall
be submitted within five (5) days of bid opening, unless SEPTA grants, in writing, an
extension.
22. Buy America Provision (If the highest possible Contract Sum, taking into consideration
all items bid and all possible combinations of alternates which might be included in the
actual award is over $150,000)
Build American, Buy America Act. Construction materials used in the Project are
subject to the domestic preference requirement of the Build America, Buy America Act,
Pub. L. 117-58, div. G, tit. IX, 70911 - 70927 (2021), as implemented by the U.S.
Office of Management and Budget's, Buy America Preferences for Infrastructure
Projects," 2 CFR Part 184. the U.S. Department of Transportation, and FTA. The
Grantee acknowledges that this agreement is neither a waiver of 70914(a) nor a finding
under 70914(b).
FORM 1
This procurement is subject to the Federal Transit Administration Buy America
Requirements in 49 CFR Part 661 and Federal Public Transportation Law 49 U.S.C.
Chapter 53.
A Buy America Certificate, per the attached format, must be completed and submitted
with the bid in accordance with the requirements of 49 CFR 661.13. A bid which does
not include the certificate will be considered non-responsive.
A waiver from the Buy America Provision may be sought by SEPTA if grounds for the
waiver exist.
Federal Public Transportation Law 49 U.S.C. 5323(j) permits the FTA participation on
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this contract only if steel, iron, and manufactured products used in the contract are
produced in the United States. 49 CFR 661.5 requires that for steel, all manufacturing
processes must take place in the United States, other than metallurgical processes
involving refinement of steel additives. The steel requirements apply to all steel items
including, but not limited to, structural steel, running rail, and contact rail. For
manufactured products, 49 CFR 661.5 requires that for a "manufactured product" to
comply with the Buy America requirements, all the manufacturing processes for the
product must take place in the United States; and all items or material used in the product
must be of United States origin.
Bidder understands and agrees that pursuant to 49 CFR 661.13, whether or not it certifies
that it will comply with the applicable Buy America requirement, bidder is bound by its
original certification and is not permitted to change its certification after bid opening. In
addition, if bidder certifies that it will comply with the applicable Buy America
requirements, bidder understands and agrees that it is not eligible for a waiver of those
requirements.
23. Certification Regarding Compliance with Immigration Reform and Control Act of 1986
By signing and submitting a bid, the bidder agrees to furnish the Certification Regarding
Compliance with Immigration Reform and Control Act of 1986 in compliance with the
requirements stated in 8 U.S.C. 1324 (a). The signed Certification may be submitted
concurrently with the submission of the Bid Forms. If the Certification is not submitted
along with the Bid Forms, it shall be submitted within five (5) days of bid opening,
unless SEPTA grants, in writing, an extension.
24. Furnishing of Bonds:
If awarded this Contract, the Bidder must furnish within ten (10) days after receipt from
SEPTA of a notice to award, a properly executed Performance Bond and Labor and
Material Payment Bonds in the amount of 100 percent.
The Performance and Labor and Material Payment Bonds each must be issued by a fully
qualified surety company acceptable to SEPTA and listed as a company currently
authorized under 31 CFR part 223 as possessing a Certificate of Authority as described
thereunder.
25. Rights Reserved
In submitting their bid the Contractor understands that the right is reserved by SEPTA
to reject any and all bids, or part of any bid, and it is agreed that the bid may not be
withdrawn for a period of ninety (90) days subsequent to the opening of bids, without
the consent of SEPTA.
It is also understood and agreed that if the bidder should withdraw any part or all of its
bid within ninety (90) days after the bid opening without the consent of SEPTA, or shall
refuse or be unable to enter into the Contract as provided with these documents, it shall
forfeit its bid security to the extent of SEPTA's damages occasioned by such
withdrawal, or refusal, or inability to enter into a contract.
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It is further understood and agreed, that to the extent the defaulting bidder's Bid Bond,
Certified Check and/or Cashier's Check (excluding any income generated thereby
which has been retained by SEPTA as provided in Item 7 "Bid Security" in these
instructions) shall prove inadequate to fully recompense SEPTA for the damages
occasioned by default, then the bidder agrees to indemnify SEPTA and pay over to
SEPTA the difference between the bid security and SEPTA's total damage, so as to
make SEPTA whole.
26. Single Bid Response
In submitting this bid, it is understood and agreed by the undersigned bidder that in the
event that only one responsive bid is received by SEPTA, bidder, within ten (10) days
of receipt of SEPTA's written request, will furnish a price analysis of the amount(s) bid
in this bid.
In the event that the amount bid exceeds $250,000 for an item for which only one
responsive bid is received by SEPTA, bidder, within ten (10) days of receipt of SEPTA's
written request, will also furnish a detail cost breakdown (including but not limited to
such items as labor costs, overhead, material costs and profit) of the amount bid in this
bid for such item. The costs included in the bid shall be calculated in accordance with
Federal Acquisition Regulation Part 31, Contract Cost Principles and Procedures.
The purpose of the above information is to permit SEPTA to make a decision that the
price is fair and reasonable in accordance with SEPTA's Procurement Manual. Bidder
further agrees to cooperate with SEPTA in SEPTA's evaluation and to permit
verification by SEPTA of data provided by bidder through audit or other means.
27. A Bid/Proposal Protest Procedure:
Bid/proposal protests relative to this procurement will be reviewed and adjudicated by
SEPTA in accordance with the following Bid/Proposal Protest Procedure.
SEPTA BID/PROPOSAL PROTEST PROCEDURE
1.0 PURPOSE
1.1 This section describes the policies and procedures governing the receipt and
resolution of protests in connection with an Invitation for Bid (IFB) or
Request for Proposal (RFP). This procedure is applicable to all
procurements more than $100,000. Bid/proposal protests for procurements
of less than $100,000 shall be informally handled by the Assistant General
Manager of Procurement and Supply Chain Management or his/her
designee.
2.0 DEFINITIONS
2.1 "Interested Party" means any bidders/proposers.
2.2 "Days" means business days.
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2.3 "Filed" means the date of receipt by The Office of SEPTA's Assistant
General Manager of Procurement and Supply Chain Management or his/her
designee (hereinafter Assistant General Manager of Procurement).
2.4 "Federal/State Law or Regulation" means any valid requirement imposed
by Federal, State, or other Statute or regulation.
2.5 "Presumptive Contractor" means the bidder/proposer that is in line for
award of the contract in the event that the protest is denied.
2.6 "Protestant" is an Interested Party who is aggrieved in connection with the
solicitation or award of a contract and who files a protest.
3.0 TYPES OF PROTESTS/ TIME LIMITS
3.1 Pre-Bid/Proposal Protest is based upon alleged restrictive specifications or
alleged improprieties in SEPTA's procurement process. A Protestant must
file a pre-bid/proposal protest no later than five (5) days prior to bid opening
date by 4:30 p.m. Philadelphia prevailing time.
3.2 Pre-Award Protest is based upon alleged improprieties of a Bid/Proposal.
A Protestant must file a pre-award protest no later than five (5) days after
the Protestant knows or should have known of the facts giving rise thereto
by 4:30 p.m. Philadelphia prevailing time.
3.3 Post-Award Protest is based upon the award of a contract. A Protestant
must file a post-award protest no later than five (5) days after the
notification to the unsuccessful firms of SEPTA's intent to award, or no
later than five (5) days after an unsuccessful firm becomes aware of
SEPTA's intent to award a contract, whichever comes first, by 4:30 p.m.
Philadelphia prevailing time.
4.0 CONTENTS OF PROTEST
4.1 Protests must be in writing, and filed directly with the Office of SEPTA's
Assistant General Manager of Procurement and Supply Chain Management,
at the address indicated in the solicitation, and must contain the following
information:
a. The name, address, and telephone number of the Protestant; and
b. Identity of the IFB or RFP (by number and description); and
c. A detailed factual statement of the grounds for protest; and
d. The desired relief, action or ruling.
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