All Bids are due NO LATER THAN 2:00 pm on Tuesday, April 18, 2023. Bids received after the scheduled due date and time for submission will not be accepted. Bids submitted in any other format other than via the Portal, including but not limited to, hard copy (mailed or hand delivered), facsimile, or emailed submittals, will not be accepted, nor considered. The scheduled due date and time for submission will be scrupulously observed.

BCRTA will not be responsible for untimely submissions due to personal or company internet or hardware limitations, settings or restrictions, internet speed, power outage, network connection, or use of a malfunctioning electronic device, or the like, neither BCRTA, nor the Software Administrator (OpenGov), will be held responsible. Bidders shall be solely responsible for ensuring the capability of their computer system while responding to this IFB, and for the stability of their internet service. Uploading large documents may take significant time depending on the size of the file(s) and the Internet connection speed that the Proposer is using to submit a response. Failure of the Bidder to successfully submit an electronic Bid before the deadline indicated herein shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point, the Bidder will also receive an email confirmation from the Portal.

The Bidder will submit one (1) Bid electronically via the Portal. Oversize pages used for drawings or similar purposes are allowed and shall be uploaded with the bid response. Bids must set forth full, accurate, and complete information as required by the IFB.

All Bidder instructions and other required information and/or documentation for submittal are located in the #BID SUBMISSION (VENDOR FORMS & CERTIFICATIONS) and #ATTACHMENTS sections.

BCRTA reserves the right to cancel, amend, or re-issue this IFB at any time, or change the date and time for submitting proposals, by announcing same prior to the date and time established for proposal submittal.

Each Bid shall be submitted electronically via the Portal by a representative who is authorized to bind the proposing firm to the terms of the Contract. The bid response is electronic, and therefore any electronically entered information and confirmations made in this portal as part of the bid response shall be as binding as a signature from the authorized representative.

All questions about the process and any other requests for clarification of the IFB should be directed to the Procurement department at BCRTA via the Portal’s Question and Answer (Q&A) tab prior to the deadline for questions, clarifications and approved equal requests mentioned herein. No other method of submission will be accepted.

No oral interpretations as to the meaning of the IFB will be made to any Bidder. Any explanation desired by a Bidder regarding the meaning or interpretation of the IFB, scope of work, etc., must be requested in writing via the Portal's Q&A tab and with sufficient time allowed for a reply to reach Bidders before the submission of their Bids. Any interpretation or change made will be in the form of an addendum to the IFB and will be furnished as promptly as is practicable to all parties to whom the IFB has been issued prior to the Bid due date. All Addenda will become part of the IFB and any subsequently awarded Contract. Receipt and review of any and all Addenda by each Bidder must be acknowledged electronically via the Portal. Oral explanations, statements, or instructions given by BCRTA before the award of the Contract will not be binding upon BCRTA.

Bidders are expected to examine the scope of services required, specifications, schedules, and all instructions. Failure to do so will be at the Bidder's risk. It is the intent of these specifications to provide services of first quality, and the workmanship must be the best obtainable in the various trades. The services, which the vendor proposes to furnish, must be high quality in all respects. No advantage will be taken by Contractor or vendor in the omission of any part or detail, which goes to make the services complete. All manner of workmanship and material used in the production of the services and not herein contained or specified shall be of the industry standard and shall conform to the best practices known in the industry. Contractor will assume responsibility for all equipment used in the Bid item, whether the same is manufactured by Contractor or purchased ready made from a source outside Contractor's company. It is the sole responsibility of Contractor to read the specifications and understand them.

The submission of a Bid shall constitute an acknowledgment upon which BCRTA may rely that the Bidder has thoroughly examined and is familiar with the solicitation, including any work site identified in the IFB, and has reviewed and inspected all applicable statutes, regulations, ordinances, and resolutions addressing or relating to the goods and services to be provided hereunder. The failure or neglect of a Bidder to receive or examine such documents, work sites, statutes, regulations, ordinances, or resolutions shall in no way relieve the Bidder from any obligations with respect to its Bid or to any Contract awarded pursuant to this IFB. No claim for additional compensation will be allowed which is based on lack of knowledge or misunderstanding of this IFB, work sites, statutes, regulations, ordinances, or resolutions.

BCRTA is not liable for any costs incurred by Bidders in the preparation, presentation, testing, or negotiation of Bids submitted in response to this solicitation.

At any time prior to the Bid opening, a Bidder may withdraw or modify its Bid in the Portal. Any attempt to submit a Bid or modify a Bid after the exact deadline time will be rejected by the Portal and will not be considered by BCRTA.

BCRTA will not be responsible for any errors in Bids. Bidders will only be allowed to alter Bids after the submittal deadline in response to requests for clarifications by BCRTA. BCRTA reserves the right to request an extension of the procurement period from Bidders.

BCRTA reserves the right to allow corrections or amendments to be made that are due to minor administrative errors or irregularities, such as errors in typing, transposition, or similar administrative errors. Other changes or entries made by the Bidder must be initialed by the person signing the Bid.

The Bidder guarantees that the Bid submitted is not a product of collusion with any other Bidder, and no effort has been made to fix the Bid price of any Bidder or to fix any overhead, profit, or cost element of any Bid price.

If BCRTA determines that collusion has occurred among Bidders, none of the Bids from the participants in such collusion shall be considered. BCRTA’s determination shall be final.

The price to be quoted in any Bid will include all items of labor, materials, tools, equipment, delivery, and other costs necessary to fully meet the requirements of BCRTA. Any items omitted, which are clearly necessary for the completion of this project, will be considered a portion of such specifications, although not directly specified.

Bids shall include all freight charges, FOB to the designated delivery points:

97 W. Chestnut Street, Oxford, OH 45056

BCRTA is exempt from payment of Federal Sales, Excise and Transportation Tax, and the Ohio Sales, Excise and Use Tax. Bidders will not include these taxes in their price(s). All other government taxes, duties, fees, licenses, permits, royalties, assessments, and charges shall be included in the proposed price.

In the event of a discrepancy between the unit price and the extended amount for a required item, the unit price will govern.

The price quoted by the proposing firms will not change for a period of ninety (90) days, beginning from the date the Bid is opened.

Any bid failing to conform to the essential requirements of the IFB, such that it materially affects price, quantity, quality, or delivery of the items offered, or in which the bidder imposes conditions modifying the requirements of the IFB or limiting its liability to BCRTA in a way that gives the bidder an advantage over others, will be rejected as non-responsive. Minor informalities, errors that don't go to the substance of a bid, may be waived. A low bidder may be requested to delete certain conditions from its bid, provided they don't go to the substance of the bid. If the bidder fails to furnish a bid guarantee required as a condition of the bid, the bid must be rejected.

When it is determined to reject all bids, all bidders will be notified that all bids were rejected stating the reasons for rejection.

BCRTA reserves the right to request additional information from any Proposer, or none. It also reserves the right to reject any proposals without prior notice; to waive informalities and technicalities; to extend deadlines without notice; to negotiate directly with only those respondents deemed to be qualified according to the criteria on this IFB; and to enter one, more than one, or no contracts as it shall deem to be in its best interests.

The terms "proposal", "Invitation for Bids", "IFB" are used interchangeably throughout this IFB. Similarly, "bidder", "proposer", and "contractor" are used interchangeably. Lastly, the terms "BCRTA", “RTA”, "buyer", "purchaser" and "Authority" are used interchangeably.

1. General
   • Protests may be made by prospective contractors, vendors, or proposers whose direct economic interest would be affected by award of a contract or by failure to award a contract. BCRTA will consider all protests requested in a timely manner regarding the award of a contract, whether submitted before or after an award.
     • All protests are to be submitted in writing to:
       • Procurement, BCRTA
       • 3045 Moser Court
       • Hamilton, Ohio 45011
     • Protest submissions should be concise, logically arranged, and clearly state the grounds for protest. A protest must include at least the following information:
       1. name, address, and telephone number of protestor,
       2. identification of contract solicitation number,
       3. a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents, and
       4. a statement as to what relief is requested.
     • Protests must be submitted to BCRTA in accordance with these procedures and time requirements, must be complete and contain all issues that the protestor believes relevant.
2. Protests Before Bid Opening
   • Protests alleging restrictive specifications or improprieties which are apparent prior to bid opening or receipt of proposals must be submitted in writing at the address above and must be received at least seven (7) days prior to bid opening or closing date for receipt of bids or proposals. If the written protest is not received by the time specified, bids or proposals may be received, and an award made, in the normal manner unless BCRTA determines that remedial action is required. Oral protests not followed up by a written protest will be disregarded. BCRTA may request additional information from the appealing party and information or response from other bidders, which shall be submitted to BCRTA not less than ten (10) days after the date of BCRTA's request. So far as practicable, appeals will be decided based on the written appeal, information and written response submitted by the appealing party and other bidders. In failure of any party to timely respond to a request for information, it may be deemed by BCRTA 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. Upon receipt and review of written submissions and any independent evaluation that BCRTA deems appropriate, BCRTA shall either:
     1. Render a final decision, or
     2. At the sole election of BCRTA, 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. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, if one is held, the BCRTA will render a decision, which shall be final, and notify all interested parties thereof in writing but no later than ten (10) days from the date of informal hearing.
3. Protests After Bid/Proposal Opening/Prior to Award
   • Protests against the making of an award by the BCRTA must be submitted in writing to BCRTA and received within seven (7) days of the award by the BCRTA. Notice of the protest and the basis therefore will be given to all bidders or proposers. In addition, when a protest against the making of an award by the BCRTA is received and it is determined to withhold the award pending disposition of the protest, the bidders or proposers whose bids or proposals might become eligible for award shall be requested, before expiration of the time for acceptance, to extend or to withdraw the bid. Where a written protest against the making of an award is received in the time period specified, award will not be made prior to seven (7) days after resolution of the protest unless BCRTA determines that:
     1. The items to be purchased are urgently required.
     2. Delivery or performance will be unduly delayed by failure to make award promptly.
     3. Failure to make award will otherwise cause undue harm to BCRTA or the federal government.
4. Protests After Award
   • In instances where the award has been made, the Contractor shall be furnished with the notice of protest and the basis therefore. If the contractor has not executed the contract as of the date the protest is received by BCRTA, the execution of the contract will not be made prior to seven (7) days after resolution of the protest unless BCRTA determines that:
     1. The items to be purchased are urgently required,
     2. Delivery or performance will be unduly delayed by failure to make award promptly, or
     3. Failure to make award will otherwise cause undue harm to BCRTA or the federal government.
5. Decision
   • Any decision pertaining to a protest following the guidelines contained in this section is final.
6. Protests to Federal Transit Administration (FTA)
   • Under certain limited circumstances, an interested party may protest to the FTA the award of a contract pursuant to an FTA grant. FTA's review of any such protest will be limited to:
     1. Alleged failure by BCRTA to have written protest procedures or alleged failure to follow such procedures, or
     2. Alleged violations of specific federal requirement that provides an applicable complaint procedure shall be submitted and processed in accordance with that federal regulation.
     3. Protestors shall file a protest with FTA not later than five (5) working days after BCRTA renders a final decision under the BCRTA protest procedure. In instances where the protestor alleges that BCRTA failed to make a final determination on the protest, the protestor shall file a complaint with FTA no later than five (5) Federal working days after the protestor knew or should have known of BCRTA's failure to render a final determination in the protest.
7. Submission of Protest to FTA
   • Protests submitted to FTA should be submitted to the FTA Region 5 Office in Chicago, Illinois with a concurrent copy to BCRTA. The protest filed with FTA shall:
     1. Include the name and address of the protestor
     2. Identify the BCRTA project number and the number of the contract solicitation
     3. Contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to follow BCRTA’s protest procedures, or the alleged failure to have procedures, and be fully supported to the extent possible.
     4. Include a copy of the local protest filed with BCRTA and a copy of the BCRTA decision, if any.

Pricing must be submitted for the Base Bid and Alternate Wash Bay, separately, as indicated in the #PRICE PROPOSAL FORM. The final price for the base bid must include the cost of all labor and materials to complete construction on the Facility.

The Project will entail the removal of one 7,700 square foot existing building on-site and construction of a 55,000 square foot intermodal facility, including bus storage, community spaces and maintenance facilities at the Chestnut Fields site, located at 97 W. Chestnut Street, Oxford, OH 45056.

Further details on the scope of the designs and specifications can be found in the #ATTACHMENTS.

BCRTA shall evaluate price information and award the contract to the most responsive and responsible bidder with the lowest price, based on the total cost per item for the proposed contract period.

To be eligible for award, Bidders must be responsive and responsible. Responsive Bids are those complying in all material aspects of the solicitation, both as to the method and timeliness of submission and as to the substance of the resulting Contract. Bids that do not comply with all the terms and conditions of the solicitation may be rejected as non-responsive.

Responsible Bidders are those prospective Contractors who, at a minimum, must:

1. Have adequate financial resources, as required during performance of the Contract.
2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments.
3. Have a satisfactory record of past performance.
4. Have necessary technical capability to perform.
5. Certify that they are not on the U.S. Comptroller General's list of ineligible Contractors.
6. Are qualified as a manufacturer or regular provider of the equipment being offered.
7. Are otherwise qualified and eligible to receive an award under applicable laws and regulations.

BCRTA may award a contract to a single bidder provided that an analysis can be completed which documents the price is fair and reasonable. Price analysis will be used when price reasonableness cannot be established based on catalog or market price of a commercial product sold in quantity or set by law or regulation. A cost analysis is required in all other cases of single bid evaluation.

FTA Circular 4220.1F specifies that single bids must be considered as non-competitive negotiations and negotiated procurement procedures must be followed.

BCRTA reserves the right to conduct a cost or price analysis for any purchase. BCRTA may be required to perform a cost analysis when competition is lacking for any purchase. Sole source procurements which result in a single Bid being received will be subject to a cost analysis which will include the appropriate verification of cost data, the evaluation of specific elements of costs and the projection of data to determine the effect on Bid prices. BCRTA may require a Pre-Award Audit and potential Contractors shall be prepared to submit data relevant to the proposed work which will allow BCRTA to sufficiently determine that the proposed price is fair, reasonable, and in accordance with Federal, State and local regulations. Procurements resulting in a single Bid will be treated as a negotiated procurement and BCRTA reserves the right to negotiate with the single Bidder to achieve a fair and reasonable price. If a negotiated price cannot be agreed upon by both parties, BCRTA reserves the right to reject the single Bid. Contract change orders or modifications will be subject to a cost analysis.

Selection of a Contractor will be supported and documented via memo, providing why the contractor was selected. Award of the contract will be made by written notice to the lowest responsive, responsible bidder within a reasonable period after bidding has closed. BCRTA shall have no obligations until a Contract is signed between the Bidder and BCRTA and the Notice to Proceed is issued.

BCRTA reserves the right to assign all or any portion of the award under this contract including option quantities. BCRTA's right of assignment will remain in force over proposed contract period or until completion of the contract to include options, whichever occurs first.

The terms and provisions of the Contract Documents shall be binding upon BCRTA and the Contractor and their respective partners, successors, heirs, executors, administrators, assigns and representatives. The rights and obligations of the Contractor under the Contract may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way. The Contractor may subcontract a portion of its obligations to other firms or parties but only after having obtained the written approval by BCRTA of the subcontractor, which approval shall not be unreasonably withheld. BCRTA may assign its rights and obligations under the Contract to any successor to the rights and functions of BCRTA or to any governmental agency to the extent required by applicable laws and governmental regulations or to the extent BCRTA deems necessary or advisable under the circumstances.

The rights and duties of the parties hereto shall be determined by the laws of the State of Ohio, and to that end the contract shall be construed and considered as a contract made and to be performed in the County of Butler, Ohio.

When and as often as BCRTA determines that the work, materials, or services furnished under the Contract are not fully and completely in accordance with any requirement of the Contract, it may give notice and description of such non-compliance to Contractor. Within seven (7) calendar days of receiving such written notification, Contractor must supply BCRTA with a written detailed plan which indicates the time and methods needed to bring the work, materials, or services within acceptable limits of the Contract. BCRTA may reject or accept this plan at its discretion. In the event this plan is rejected, the work, materials, or services will be deemed not accepted and returned to Contractor at Contractor’s expense. This procedure to remedy defects is not intended to limit or preclude any other remedies available to BCRTA by law, including those available under the Uniform Commercial Code.

The term of any Contract arising from this IFB shall be for the duration of the construction of the facility, and will terminate upon Final Payment.

Payments shall be made after presentation of Contractor’s invoices to BCRTA, either by mail or digitally via email, pursuant to the agreed, industry-accepted procedures in the forthcoming Contract.

No advance payment shall be made for products furnished or services rendered by Contractor pursuant to the Contract. Invoices may be submitted upon delivery and paid in accordance with BCRTA’s general terms and conditions.

Bidders are required to comply with additional terms and conditions as required by the Federal Transit Administration (“FTA”), provided as part of Permit Manual 1 of 4 in #ATTACHMENTS.

In addition to the General Terms and Conditions listed above and FTA requirements, Bidders are required to comply with Miami University's terms and conditions, provided as part of Permit Manual 1 of 4 in #ATTACHMENTS.