Active SLED Opportunity · WASHINGTON · BEN FRANKLIN TRANSIT
AI Summary
Ben Franklin Transit seeks bids for on-call electrical services at its facilities in Benton and Franklin counties, WA. Services include maintenance, repairs, replacements, and EV charging installation. Contract starts September 15, 2026, for one year, with a possible extension. Bids due August 6, 2026.
BFT seeks to award a contract with a Washington state licensed electrician for On-Call Electrical services. The Contractor will provide qualified electricians on an as-need basis to perform routine electrical services such as preventative maintenance, repairs and/or replacements. Services will be performed at various BFT facilities located throughout Benton and Franklin counties. Locations include BFT's main campus, transit centers, and transit stations.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1G, Revision 5, February 18, 2025, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any BFT requests which would cause BFT to be in violation of the FTA terms and conditions.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1G, Revision 5, February 18, 2025, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any BFT requests which would cause BFT to be in violation of the FTA terms and conditions.
BFT reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received. This IFB may be cancelled and any and all bids may be rejected in whole or in part when it is in the best interest of BFT.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1G, Revision 5, February 18, 2025, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any BFT requests which would cause BFT to be in violation of the FTA terms and conditions.
BFT is requesting bids and intends on awarding a Contract to a Washington State licensed Electrician for On-Call Electrical services. The Contract type will be a Unit Priced Contract in which the Contractor agrees to do all work for a fixed price based on the rates provided in the bid. The Contractor selected for award shall provide qualified Electricians and tools necessary to perform routine preventive maintenance on as- needed basis, along with repair work. All persons employed by the Contractor in the performance of any work hereunder shall be agents and employees of Contractor only. Neither Contractor nor any employees or agents of Contractor shall be deemed employees of BFT for any purpose whatsoever.
Conditions for bonds: Payment and performance bonds for 100% of the Contract Award Amount (including state sales tax on material only), shall be furnished for the Work, using the Payment Bond and Performance Bond form published by and available from the American Institute of Architects (AIA) – form A312 (or current version of the same). Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15% or more, the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds. The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15% or more.
Contractor agrees to furnish a Retainage bond for 5% of the Contract Sum for the period allowed by RCW 39.08.010.
For projects that are FTA funded, bonds are only acceptable and no retainage may be held.
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee construction Contracts and Subcontracts that “at least partly are financed by a loan or grant from the Federal Government.” 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction Contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). ‘Construction,’ for purposes of the Acts, includes “actual construction, alteration and/or repair, including painting and decorating.” 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts’ requirements are satisfied.
BFT will mail Contractor their payment after receipt of an approved intent and certified payroll with WA L&I has been filed. Progress payment shall not be made nor considered. Final payment will be made once affidavit is filed with WA L&I.
Payment of the purchase price enumerated herein shall constitute full performance under this Contract by BFT.
BFT will not make payment(s) to multiple Contractors.
Payments Due. Payment is due withing thirty (30) days after receipt of a properly submitted invoice and acceptance of work. BFT will mail payment to Contractor once approved.
Interest on Past Due. Any amounts due in connection with this Agreement which is past due will incur finance charges at the rate of one-half of one percent per month (6% APR).
Contractor will provide an invoice on Contractor’s letterhead for goods or services received. Each invoice will be numbered and will include the following information:
Invoices and support documentation are to be emailed to accountspayable@bft.org
Or,
Ben Franklin Transit
Attention: Accounts Payable
1000 Columbia Park Trail
Richland, WA 99352
When alternative surety required: Contractor shall promptly furnish payment and performance bonds from an alternative surety as required to protect Owner and persons supplying labor or materials required by the Contract Documents if:
Bids should be prepared simply and economically, providing a straightforward, concise description of the Contractor ability to meet the requirements of the IFB. Fancy bindings, colored displays, promotional material, etc. are not desired. Emphasis should be placed on completeness and clarity of content.
This Contract is a Washington State public works contract. The Contractor and all Subcontractors shall comply with Chapter 39.12 RCW, applicable WAC provisions, and all Washington State Department of Labor & Industries (L&I) prevailing wage requirements. Bidders shall include all labor costs necessary to comply with applicable prevailing wage laws in their bid prices. Detailed prevailing wage, certified payroll, Statement of Intent to Pay Prevailing Wages, Affidavit of Wages Paid, retainage, and other contract administration requirements are set forth in Section 5.7 of this IFB.
BFT will hold a non-mandatory pre-bid conference on Wednesday, July 15, 2026, at 10:00 am PDT via Microsoft Teams, Ben Franklin Transit Administration Building, 1038 Columbia Park Trail, Richland, WA 99352 Meet in the Lobby for sign in. Please bring a safety vest to wear while attending the Pre-Bid Meeting.
Minimum wages -
The Contractor agrees to comply with Program Fraud and False or Fraudulent Statements of Related Acts as amended to 31 U.S.C 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307.
The Contractor agrees to comply with Program Fraud and False or Fraudulent Statements of Related Acts as amended to 31 U.S.C 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307.
To be considered, bids must be submitted electronically up to but not later than the Thursday, August 6, 2026 and time of 2:00 pm. No late electronic submittals will be allowed. BFT’s OpenGov Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections or BFT’s OpenGov Procurement Portal not being accessible from your connected device. BFT strongly recommends completing your response well ahead of the deadline.
If Contractor's preferred method is to provide paper submittals the sealed package will need to arrive at BFT’s main office or coordinate a delivery time with the Contract Specialist I before Thursday, August 6, 2026 at 2:00 pm. It is the Contractor's responsibility to make aware to the Contract Specialist I that they will be submitting a sealed hard copy bid. Paper Bids received after the date and time specified shall be returned unopened and shall not be considered.
A Public Bid Opening will be held on Microsoft Teams at the submission due date and time.
At a minimum, the Contractor must have the capacity to provide services to BFT as listed below:
This Unit Price Contract term shall commence September 15, 2026, and remain in effect for an initial term of one (1) year. The Contract may be extended for one (1) additional one-year term, for a maximum total Contract term of two (2) years. BFT may exercise the option to extend the Contract in monthly increments. Any extension shall be mutually agreed upon by both parties and executed through a written Amendment. If the Contractor does not wish to extend the Contract, it shall provide BFT with written notice at least one hundred and twenty (120) calendar days prior to the expiration of the current Contract term.
The total Contract amount may not exceed $250,000.00, including applicable taxes unless additional funding is authorized by the BFT Board of Directors through Board resolution.
Contract prices shall remain firm throughout the initial Contract term. Adjustments during the initial term are only allowable if Federal, State, or Local legislation is passed that may affect pricing after stated proposal due date.
Price adjustments on the optional second (2nd) term may occur at the anniversary date and will be based on the Consumer Price Index; the following procedure will be followed:
Price increases or decreases shall become effective on the anniversary date of the Contract. The change in pricing will be changed annually based upon the current Consumer Price Index #CPI- Series ID #CUUR0400SA0, west urban average, not seasonally adjusted, based on two months before the Fully Executed month of start. All fees and services charges will be increased or decrease by the change in the CPI.
The price changes cannot exceed an increase of more than a 5% adjustment. The example below shows the CPI increase of 9.1% from July 2021 to July 2022. However, the increase would only be allocated for a 5% increase as stated above the price changes cannot exceed an increase of more than a 5% adjustment.
Consumer Price Index – All Urban Consumers
12-Month Percent Change
Series Id: CUUR0400SA0
Not Seasonally Adjusted
Area: West Urban Average
Item: All items
Base Period: 1982-84=100
Year:2022
Month: July at 9.1%
Price changes for any other justifiable reason will be considered on a case-by-case basis and be decided by BFT’s Chief Executive Officer.
Price change requests will not be considered or granted until any outstanding financial reports have been submitted to BFT.
Withholding - BFT shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime Contractor, or any other federally-assisted Contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, the BFT may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
The Contractor agrees to comply with Program Fraud and False or Fraudulent Statements of Related Acts as amended to 31 U.S.C 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1G, Revision 5, February 18, 2025, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any BFT requests which would cause BFT to be in violation of the FTA terms and conditions.
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1G, Revision 5, February 18, 2025, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any BFT requests which would cause BFT to be in violation of the FTA terms and conditions.
BFT prefers electronic submission of bids. Please submit electronic responses via the BFT’s e-Procurement Portal: https://procurement.opengov.com/portal/bft Contractor shall "follow" the project in order to receive all notifications. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.
The preferred method of sealed electronic bids will be received for 26-11 On-Call Electrical Services through the BFT’s e-Procurement Portal located at https://procurement.opengov.com/portal/bft .
BFT’s preference for electronic submissions of quotes shall not influence the evaluation of the bid.
Mail-in responses will be accepted and must be accompanied by an electronic copy on a USB key included in the response envelope. If mailing a hard copy response, please send One (1) response to:
BEN FRANKLIN TRANSIT
IFB 26-11
Johnabeth Sealy, Contract Specialist I
1000 COLUMBIA PARK TRAIL
RICHLAND, WA 99352
If your company would like to hand deliver the bid, please schedule an appointment with the Contract Specialist I in order to do so.
BFT will not accept bids sent via email.
If, after reviewing this document, Contractor chooses not to submit a bid, Contractor is encouraged to complete the "No Bid" option within OpenGov.
Bids will be publicly opened at the bid due date.
Contractors responding to this bid must be able to provide service twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, including holidays, for the duration of the agreement. BFT expects the Contractor to give "priority" service to any call for electrical repairs in the BFT service area.
Service will be performed in a variety of transit locations including administrative offices, transit centers, maintenance buildings, etc.
All service, repairs and/or replacements shall be performed in strict compliance with all applicable Federal, State, and City codes, rules or regulations, by a qualified electrician under direct appointment and supervision of the Contractor.
Access to Records - The following access to records requirements apply to this Contract as amended to 49 U.S.C. 5325, 18 CFR 18.36 (I), 49 CFR 633.17:
Payrolls and basic records -
Access to Records - The following access to records requirements apply to this Contract as amended to 49 U.S.C. 5325, 18 CFR 18.36 (I), 49 CFR 633.17:
All bids shall be accompanied by a suitable bid security in the amount of 5% of the bid amount. Suitable security shall mean cash, cashier's check, or bond from a firm licensed to do business in the State of Washington. Contractor shall complete the required Bid Bond form under the Vendor Questionnaire.
BFT is not liable for any costs incurred by the Contractor prior to issuance of a Contract.
Contractor will have a ninety (90) calendar day trial period. During the trial period, Contractor must successfully perform and provide product that BFT finds acceptable. Failure to perform may cause immediate cancellation of the Contract. If a dispute occurs as to acceptability of product or service, BFT’s decision prevails. BFT will only pay for authorized work performed that is properly invoiced pursuant to this Contract up to termination. If the Contract is terminated within the trial period, BFT may award the Contract to the next lowest responsive and responsible bidder who submitted a responsive proposal. Any new award is also subject to a trial period.
Access to Records - The following access to records requirements apply to this Contract as amended to 49 U.S.C. 5325, 18 CFR 18.36 (I), 49 CFR 633.17:
Service requests will be issued by the Supervisor of Facilities Maintenance. Before arriving on-site, the Contractor shall coordinate the date and time of the service with the Supervisor of Facilities Maintenance.
For any task anticipated to exceed $3,000, the Contractor shall provide a written estimate before beginning work. The estimate must include anticipated labor hours, materials, and any applicable equipment costs.
All work shall be billed in accordance with the contract rates for labor, materials, and equipment. If the actual or projected cost of the work is expected to exceed the approved estimate the Contractor shall promptly notify BFT and obtain written authorization before proceeding with the additional work.
BFT reserves the right to obtain quotes/bids and procure equipment and services during the Contract term from other electrical contractors if it is in the best interest of the agency to do so.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this Contract per 49 CFR Part 18. Contractor's failure to so comply shall constitute a material breach of this Contract.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this Contract per 49 CFR Part 18. Contractor's failure to so comply shall constitute a material breach of this Contract.
The Contractor agrees to comply with Program Fraud and False or Fraudulent Statements of Related Acts as amended to 31 U.S.C 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001, 49 U.S.C. 5307.
BFT reserves the right to postpone the date and time of bid submission at any time prior to the date and time established herein.
The Contractor acknowledges that the contents of the Contractor’s bid and all terms and conditions set forth within this IFB shall become contractual obligations if BFT accepts the bid for Contract award.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this Contract per 49 CFR Part 18. Contractor's failure to so comply shall constitute a material breach of this Contract.
All parts, materials, and work furnished shall be of good quality and free from any defects and shall at all times be subject to BFT's inspection and approval. Neither BFT's inspection nor failure to inspect shall relieve the Contractor of any obligation hereunder. Upon completion of repairs, if in BFT's reasonable opinion, any part or work fails to conform to specifications, or is otherwise defective or unsatisfactory, the Contractor shall promptly repair, replace, or correct any deficiencies at the Contractor's expense. The acceptance of work or payment for services by BFT shall not constitute a waiver of the foregoing and nothing herein shall exclude or limit any warranties implied by law. The work performed shall also be in conformance with and meet all industry standards.
Warranty: The Contractor will provide a minimum of one (1) year warranty on all services and materials provided.
Access to Records - The following access to records requirements apply to this Contract as amended to 49 U.S.C. 5325, 18 CFR 18.36 (I), 49 CFR 633.17:
The Contract for the equipment specified herein is subject to the applicable terms and conditions of BFT’s financial assistance grant Contract with the FTA, U.S. Department of Transportation. The Contractor understands that federal laws, regulations, policies, and related administrative practices applicable to this Contract may be modified from time to time, and the changed requirements shall apply to the project as required.
The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract.
The Contract for the equipment specified herein is subject to the applicable terms and conditions of BFT’s financial assistance grant Contract with the FTA, U.S. Department of Transportation. The Contractor understands that federal laws, regulations, policies, and related administrative practices applicable to this Contract may be modified from time to time, and the changed requirements shall apply to the project as required.
The Contract for the equipment specified herein is subject to the applicable terms and conditions of BFT’s financial assistance grant Contract with the FTA, U.S. Department of Transportation. The Contractor understands that federal laws, regulations, policies, and related administrative practices applicable to this Contract may be modified from time to time, and the changed requirements shall apply to the project as required.
Response to this IFB shall be made in strict conformance with the following requirements. Failure to conform therewith may be cause for rejecting the bid submitted. BFT reserves the right to waive minor discrepancies at its sole discretion. BFT also reserves the right to reject all bids, or to award a Contract without discussions with Contractors.
In the IFB, BFT seeks solid information about the Contractors' capacity to provide the Scope of Work and any other requirements. Vague and lengthy discussions are not desired, nor is a bulky display of irrelevant information. BFT seeks comprehensive information regarding the Contractors' capacity to provide the required Scope of Work.
Economy of Preparation -Bids should be prepared simply and economically, providing a straightforward, concise description of the Contractor ability to meet the requirements of the IFB. Fancy bindings, colored displays, promotional material, etc. are not desired. Emphasis should be placed on completeness and clarity of content.
Prime Contractor agrees to pay each Subcontractor under this prime Contract for satisfactory performance of its Contract no later than 15 calendar days from the receipt of each payment the prime Contractor receives from BFT. The prime Contractor agrees further to return retainage payments (if any) to each Subcontractor within 30 calendar days after the Subcontractor(s)’ work is satisfactory completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of BFT. This clause applies to both DBE and Non-DBE Subcontractors. It is the responsibility of the Subcontractors to notify BFT’s Director of Contracts & Purchasing, Rob Orvis, (509) 734-5125 of prime Contractor noncompliance with the above prompt payment provisions. Upon receipt of such notification, BFT will investigate and take appropriate action.
The Contractor will be reimbursed for labor hours dedicated solely to the Work Order and for hours worked at Ben Franklin Transit locations. The Contractor will not be reimbursed for the general superintendent, general foreman, field supervision or estimating and executing Work Orders. If the Contractor wishes, uncompensated costs should be included in the calculation of pricing for bid items.
The estimated amount of labor hours per year are as follows:
BFT does not guarantee a minimum or maximum number of hours associated with this Contract.
Bidders shall submit all inquiries regarding this bid via BFT’s OpenGov Procurement Portal, located at https://procurement.opengov.com/portal/bft . Please note the deadline for submitting inquiries is Thursday, July 30, 2026 by 5:00 pm PDT. All answers to inquiries will be posted on BFT’s OpenGov Procurement Portal or in an Addenda. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this Contract per 49 CFR Part 18. Contractor's failure to so comply shall constitute a material breach of this Contract.
Current prevailing wages shall be paid to all workers, laborers, and mechanics employed in the performance of this Contract in accordance with Chapter 39.12 RCW, applicable WAC provisions, and regulations of the Washington State Department of Labor & Industries (L&I). The applicable prevailing wage rates for the locality in which the work is performed, as determined by the Industrial Statistician of L&I, are incorporated into this Contract by reference as though fully set forth herein.
Notice: Before any payment is made, the Contractor and all applicable Subcontractors shall submit L&I approved Statements of Intent to Pay Prevailing Wages in accordance with RCW 39.12.040. Contractors and Subcontractors shall also submit Certified Payroll Reports to L&I at least once each month during contract performance.
BFT shall withhold five percent (5%) retainage from payments due under this Contract pursuant to RCW 60.28.011. The retainage shall serve as a trust fund for the protection and payment of: (1) The claims of any person arising under the Contract; and (2) The state with respect to taxes, increases, and penalties imposed pursuant to Titles 50, 51, and 82 RCW.
Upon completion of the work, the Contractor and all applicable Subcontractors shall submit L&I-approved Affidavits of Wages Paid. BFT shall not release retainage until all required Affidavits have been approved by L&I and, when applicable, the Notice of Completion has been accepted by the Washington State Department of Revenue, Employment Security Department, and the Department of Labor & Industries.
Please note: For projects over $10,000, the Contractor shall post, in a location readily visible to workers at the jobsite, a copy of the L&I-approved Statement of Intent to Pay Prevailing Wages and the address and telephone number of the Department of Labor & Industries' Industrial Statistician, in accordance with RCW 39.12.020. For road construction, sewer line, pipeline, transmission line, street, or alley improvement projects where no field office is established, the required posting may be made at the Contractor's local office, gravel crushing, concrete, or asphalt batch plant, provided a copy is furnished to any employee upon request.
Prime Contractor agrees to pay each Subcontractor under this prime Contract for satisfactory performance of its Contract no later than 15 calendar days from the receipt of each payment the prime Contractor receives from BFT. The prime Contractor agrees further to return retainage payments (if any) to each Subcontractor within 30 calendar days after the Subcontractor(s)’ work is satisfactory completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of BFT. This clause applies to both DBE and Non-DBE Subcontractors. It is the responsibility of the Subcontractors to notify BFT’s Director of Contracts & Purchasing, Rob Orvis, (509) 734-5125 of prime Contractor noncompliance with the above prompt payment provisions. Upon receipt of such notification, BFT will investigate and take appropriate action.
Prime Contractor agrees to pay each Subcontractor under this prime Contract for satisfactory performance of its Contract no later than 15 calendar days from the receipt of each payment the prime Contractor receives from BFT. The prime Contractor agrees further to return retainage payments (if any) to each Subcontractor within 30 calendar days after the Subcontractor(s)’ work is satisfactory completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of BFT. This clause applies to both DBE and Non-DBE Subcontractors. It is the responsibility of the Subcontractors to notify BFT’s Director of Contracts & Purchasing, Rob Orvis, (509) 734-5125 of prime Contractor noncompliance with the above prompt payment provisions. Upon receipt of such notification, BFT will investigate and take appropriate action.
The Contractor or Subcontractor shall insert in any Subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier Subcontracts. The prime Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all the Contract clauses in 29 CFR 5.5.
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this Contract per 49 CFR Part 18. Contractor's failure to so comply shall constitute a material breach of this Contract.
Energy Conservation - The Contractor agrees to comply with mandatory standards and policies under 42 U.S.C, Part 6321 et seq. Part 18 relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a Subcontractor as provided in 29 CFR 5.12.
Energy Conservation - The Contractor agrees to comply with mandatory standards and policies under 42 U.S.C, Part 6321 et seq. Part 18 relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
By submitting a bid, the prospective Contractor accepts the Terms and Conditions listed in IFB 26-11 that is included in this bid package and any addenda. If prospective Contractor does not agree to the terms and conditions, prospective Contractor shall submit a request for clarifications or modifications to BFT prior to the questions and modifications due date of Thursday, July 30, 2026. Failure to follow this procedure may cause BFT to Award a Contract to the next highest rated prospective Contractor, due to the added cost BFT may incur due to the change in Terms and Conditions.
The Contractor will be required to comply with all applicable Equal Employment Opportunity laws and regulations.
The Contract for the equipment specified herein is subject to the applicable terms and conditions of BFT’s financial assistance grant Contract with the FTA, U.S. Department of Transportation. The Contractor understands that federal laws, regulations, policies, and related administrative practices applicable to this Contract may be modified from time to time, and the changed requirements shall apply to the project as required.
The Contract for the equipment specified herein is subject to the applicable terms and conditions of BFT’s financial assistance grant Contract with the FTA, U.S. Department of Transportation. The Contractor understands that federal laws, regulations, policies, and related administrative practices applicable to this Contract may be modified from time to time, and the changed requirements shall apply to the project as required.
Energy Conservation - The Contractor agrees to comply with mandatory standards and policies under 42 U.S.C, Part 6321 et seq. Part 18 relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
Manlifts, ladders and fall protection, when needed, are the responsibility of the Contractor and included in the hourly labor rates. BFT equipment will not be available to contractors. Having access to a basic manlift is considered common tools of the job and will be expected to be included in the hourly labor rates. The Contractor will need to have access to a bucket lift that is a least 42' in height. Any cost to operate a bucket truck should be included in the fully loaded rates for a bucket truck. In unique circumstances, specialty equipment rentals will be reimbursed only if approved by BFT beforehand. BFT does not supply or reimburse contractors to purchase or replace tools.
All equipment, parts, and material shall be new, unused, the manufacturer's latest model and in current production. All materials shall have physical and chemical properties to withstand the intended service. Equipment design shall have sufficient excess capacity for durability and safety. BFT will at times provide some parts, such as light bulbs.
Parts and materials required to complete a Work Order shall be recorded as the work is performed. To support charges for parts and materials, BFT may request the Contractor provide valid copies of supplier invoices.
Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract.
The Contractor agrees to abide by all laws, rules and regulations of the United States of America, the State of Washington, or any agencies or subdivisions thereof, specifically including Washington Industrial Safety and Health Act (WISHA) and Occupational Safety and Health Administration (OSHA) regulations currently in effect at time of Bid Opening.
All Contractors will acknowledge their total familiarity with the entire IFB packet to include instruction, specifications, and Contract clauses by venture of the submission of a bid. BFT will not consider claims for additional compensation based upon the Contractors lack of knowledge of the bid documents. Contractors shall rely only on written addenda provided by BFT. In no event, should a prospective Contractor submit a bid based upon an oral interpretation.
Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
Upon release of this solicitation document, all Bidders communications concerning this acquisition must be directed only to:
Ben Franklin Transit
Johnabeth Sealy, Contract Specialist I
1000 Columbia Park Trail, Richland, WA 99352
E-Mail: jsealy@bft.org
Phone: (509) 734-5236
Unless authorized by the Director of Contracts & Purchasing, no other BFT official or employee is empowered to speak for BFT with respect to this IFB. Bidders who seek to obtain information, clarification or interpretations from other BFT officials or employees are advised that such material is used at the Bidder’s own risk and that BFT shall not be bound by any such representations and such action may result in rejection of the bid.
The Prime Contractor shall pay each Subcontractor for satisfactory performance of its subcontract no later than fifteen (15) calendar days after receiving payment from BFT for the Subcontractor's work. The Prime Contractor shall release any retainage due to a Subcontractor within thirty (30) calendar days after the Subcontractor has satisfactorily completed its work.
Any delay or postponement of payment beyond these timeframes may occur only for good cause and with the prior written approval of BFT.
These prompt payment requirements apply to all Subcontractors, including both Disadvantaged Business Enterprise (DBE) and non-DBE Subcontractors.
Subcontractors that believe the Prime Contractor has failed to comply with these prompt payment requirements shall promptly notify BFT's Director of Contracts & Purchasing at (509) 734-5125. Upon receipt of such notification, BFT will investigate the matter and take appropriate action, as warranted.
Prime Contractor agrees to pay each Subcontractor under this prime Contract for satisfactory performance of its Contract no later than 15 calendar days from the receipt of each payment the prime Contractor receives from BFT. The prime Contractor agrees further to return retainage payments (if any) to each Subcontractor within 30 calendar days after the Subcontractor(s)’ work is satisfactory completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of BFT. This clause applies to both DBE and Non-DBE Subcontractors. It is the responsibility of the Subcontractors to notify BFT’s Director of Contracts & Purchasing, Rob Orvis, (509) 734-5125 of prime Contractor noncompliance with the above prompt payment provisions. Upon receipt of such notification, BFT will investigate and take appropriate action.
The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq, consistent with Executive Order No. 11514, as amended, “Protection and enhancement of Environmental Quality,” 42 U.S.C. 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. 5324 (b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq, consistent with Executive Order No. 11514, as amended, “Protection and enhancement of Environmental Quality,” 42 U.S.C. 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. 5324 (b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
Energy Conservation - The Contractor agrees to comply with mandatory standards and policies under 42 U.S.C, Part 6321 et seq. Part 18 relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
Energy Conservation - The Contractor agrees to comply with mandatory standards and policies under 42 U.S.C, Part 6321 et seq. Part 18 relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no handicapped individual, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement.
Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its Subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq, consistent with Executive Order No. 11514, as amended, “Protection and enhancement of Environmental Quality,” 42 U.S.C. 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. 5324 (b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
If applicable, the Contractor shall obtain all permits, licenses, inspections, and approvals required by applicable federal, state, and local laws before commencing the Work. Permit fees and testing required by applicable law shall be reimbursed by BFT at the Contractor's actual documented cost. The Contractor shall provide copies of paid invoices or other documentation acceptable to BFT to support reimbursement.
The Washington State Director of Labor and Industries will arbitrate all disputes concerning prevailing wages for work. Disputes cannot be adjusted by the parties of interest, including labor and management representatives, the matter shall be referred for arbitration to the director of the department of labor and industries of the state and his or her decision therein shall be final and conclusive and binding on all parties involved in the dispute. Per RCW 39.12.060.
Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
Use of subcontractors shall be compensated based on the cost as listed in the cost proposal.
In the interest of an equitable and efficient review process, each Bidder shall submit its bid using the Bid Form A included in this IFB. BFT shall determine the lowest overall bid by applying the estimated hours set forth in section 3.7 to the unit prices submitted by each Bidder in Bid Form A.
Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no handicapped individual, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government Contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be Subcontracted to any person or firm ineligible for award of a Government Contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no handicapped individual, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement.
In accordance with RCW 39.12.060 the Washington State Director of Labor and Industries will arbitrate all disputes concerning prevailing wages for work. Disputes cannot be adjusted by the parties of interest, including labor and management representatives, the matter shall be referred for arbitration to the director of the department of labor and industries of the state and his or her decision therein shall be final and conclusive and binding on all parties involved in the dispute.
The Contractor is required to sign up on the System for Award Management (SAM) website athttps://www.sam.gov/portal/SAM/#1 within five (5) calendar days of notice of award. The System for Award Management (SAM) is an official website of the U.S. government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO cost to use SAM. Register to do business with the U.S. government for free directly from this site.
Recovered Materials - The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
The documents listed and required in the Vendor Questionnaire Section of OpenGov shall be completed unless noted as optional. The following Submittals are to be completed with the bid:
The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq, consistent with Executive Order No. 11514, as amended, “Protection and enhancement of Environmental Quality,” 42 U.S.C. 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. 5324 (b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
The Contractor is required to sign up on the System for Award Management (SAM) website athttps://www.sam.gov/portal/SAM/#1 within five (5) calendar days of notice of award. The System for Award Management (SAM) is an official website of the U.S. government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO cost to use SAM. Register to do business with the U.S. government for free directly from this site.
The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq, consistent with Executive Order No. 11514, as amended, “Protection and enhancement of Environmental Quality,” 42 U.S.C. 4321 note; FTA statutory requirements on environmental matters at 49 U.S.C. 5324 (b); Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and joint FHWA/FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622.
Local and State Funded Access to Records and Audits:
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
Contractor shall maintain books, accounts, records, documents, and other evidence pertaining to the costs and expenses allowable under this Contract in accordance with Generally Accepted Accounting Practices.
Also, all such books of accounts and records required to be maintained by this Contractor shall be subject to inspection and audit by representatives of BFT and of the Washington State Auditor at all times and Contractor shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by BFT where necessary to conduct or document an audit.
The Contractor is required to sign up on the System for Award Management (SAM) website athttps://www.sam.gov/portal/SAM/#1 within five (5) calendar days of notice of award. The System for Award Management (SAM) is an official website of the U.S. government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO cost to use SAM. Register to do business with the U.S. government for free directly from this site.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any Contract as amended 5 U.S.C. 552:
BFT requests that each Bidder submit a firm, fixed-price bid using the Price Bid Forms or Electronic Pricing Table(s) included with this IFB.
A. Fully Loaded Hourly Rates
The Bidder shall provide a fully loaded hourly rate for each job classification identified in the Price Bid Forms or Electronic Pricing Table(s). The hourly rates shall be firm for the period specified in the Contract and shall constitute the Bidder's complete compensation for performing the Work.
Each fully loaded hourly rate shall include, at a minimum:
Unless otherwise specified, no additional compensation shall be paid for costs that are incidental to or required for the performance of the Work.
B. Bid Validity
The Bidder's offer shall remain firm and irrevocable for a period of ninety (90) calendar days following the Bid Due Date.
C. Currency
All prices shall be submitted in U.S. dollars.
D. Parts and Materials
Parts and materials required to perform the Work that are not included in the fully loaded hourly rates shall be reimbursed at the Contractor's actual cost, provided they are necessary for the performance of the Work and have been authorized by BFT. The Contractor shall submit copies of supplier invoices or other documentation acceptable to BFT verifying the actual cost of the parts and materials. No markup, overhead, profit, handling charge, or other administrative fee shall be added to the cost of parts and materials unless expressly authorized by the Contract.
The fully loaded hourly rates shall include all labor-related costs. Parts and materials authorized by BFT shall be reimbursed separately in accordance with this section.
The Contractor MUST be licensed by the State of Washington and hold a current Washington State Electrical Contractor License issued by the Department of Labor & Industries (L&I). Anyone performing electrical work must hold the appropriate Washington electrical certification.
All services are to be performed according to all Federal, State, County and City regulations and any changes thereto for the duration of the Contract.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any Contract as amended 5 U.S.C. 552:
The Contractor, without exception, shall indemnify and save harmless BFT and its employees from liability of any kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by BFT.
If the Contractor uses any design, device, or materials covered by letters, patents, or copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
BFT is not exempt from Washington State Sales Tax. The Contractor shall include in cost bid form and be responsible to pay all taxes associated with the project, including but not limited to:
State Utility Tax
State Sales and Use Tax
State B & O Tax
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any Contract as amended 5 U.S.C. 552:
The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this Contract including work performed by a Subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no handicapped individual, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement.
Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no handicapped individual, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement.
Protest procedure will be as follows:
This protest procedure shall be made known to all prospective Contractors and is included or referenced in the requirement section of all solicitation documents.
The Contractor shall be registered and maintain an active registration in the U.S. Government's System for Award Management (SAM) at https://sam.gov. If the Contractor is not registered at the time of award, the Contractor shall complete its SAM registration within five (5) calendar days after receiving the Notice of Award, unless otherwise approved by BFT.
Registration in SAM is free of charge. The Contractor is responsible for maintaining an active SAM registration throughout the term of the Contract and any renewal or extension periods. Failure to obtain or maintain an active SAM registration, when required, may constitute grounds for cancellation of the award or termination of the Contract.
The Contractor, without exception, shall indemnify and save harmless BFT and its employees from liability of any kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by BFT.
If the Contractor uses any design, device, or materials covered by letters, patents, or copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
The Contractor, without exception, shall indemnify and save harmless BFT and its employees from liability of any kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by BFT.
If the Contractor uses any design, device, or materials covered by letters, patents, or copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
The Contractor is required to sign up on the System for Award Management (SAM) website athttps://www.sam.gov/portal/SAM/#1 within five (5) calendar days of notice of award. The System for Award Management (SAM) is an official website of the U.S. government. SAM consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO cost to use SAM. Register to do business with the U.S. government for free directly from this site.
This Contract shall be construed in accordance with the laws of the State of Washington, and in any disputes arising under the terms of, or in connection with this Contract, both parties agree that venue shall be in the courts of Benton County in the State of Washington.
The Contractor agrees to comply with 46 U.S.C. 1241 46 CFR Part 381: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 business days following the date of loading for shipments originating within the United States or within 30 business days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a Subcontractor's bill-of-lading.) c. to include these requirements in all Subcontracts issued pursuant to this Contract when the Subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any Contract as amended 5 U.S.C. 552:
This Contact or any portion thereof is not assignable without the written consent of BFT, and any attempt to assign any rights, duties, or obligations which arise under this Contract without such written consent shall be void.
The Contractor agrees to comply with 46 U.S.C. 1241 46 CFR Part 381: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 business days following the date of loading for shipments originating within the United States or within 30 business days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a Subcontractor's bill-of-lading.) c. to include these requirements in all Subcontracts issued pursuant to this Contract when the Subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
The Contractor agrees to comply with 46 U.S.C. 1241 46 CFR Part 381: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 business days following the date of loading for shipments originating within the United States or within 30 business days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a Subcontractor's bill-of-lading.) c. to include these requirements in all Subcontracts issued pursuant to this Contract when the Subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
Prevailing wage will be paid to all workers, laborers, or mechanics employed in the performance of any part of this project shall be in accordance with the provisions of Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries of the State of Washington. The prevailing wage rates for the locality or localities where this Contract will be performed shall be determined by the Industrial Statistician of the State Department of Labor and Industries and are by reference made a part of this IFB as though fully set forth herein.
Notice: BFT is required to have an approved intent for Contractor and all Subcontractors to pay prevailing wages before any funds can be released. Contractor will be required to file an affidavit of wages paid and certified payroll completed after each pay period. LNI requires Contractor to complete certified payroll at least once a month.
Washington State Website for Prevailing wages can be found: https://www.lni.wa.gov/
An affidavit has to be approved by LNI before final payment or retainage can be made. For Contracts over $35,000, the Notice of Completion has to be approved and released by all three agencies before retainage payment can be released.
In the performance of this Contract and in all services, programs, activities, hiring, and employment made possible by or resulting from this Contract, the Contractor shall not discriminate against any employee, applicant for employment, or other person on the basis of race, color, creed, religion, national origin, sex, sexual orientation, gender identity or expression, marital status, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, except where a bona fide occupational qualification is permitted by law.
This requirement applies to all employment practices, including recruitment, hiring, advertising, promotion, transfer, layoff, termination, rates of pay or other forms of compensation, benefits, and selection for training, including apprenticeship.
The Contractor shall comply with all applicable federal, state, and local nondiscrimination laws and regulations, including, but not limited to, Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and any other applicable nondiscrimination requirements.
Any material violation of this provision shall constitute grounds for termination of this Contract by BFT and may result in the Contractor being determined ineligible for future BFT contract awards, as permitted by applicable law.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any Contract as amended 5 U.S.C. 552:
The Contractor agrees to comply with 49 U.S.C. 40118 CFR Part 301 10 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their Contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all Subcontracts that may involve international air transportation.
Contractor agrees to conform, to the extent applicable to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by section 5206(e) of TEA-21, 23 U.S.C. § 502 note, and with FTA Notice, "Federal Transit Administration National ITS Architecture Policy on Transit Projects," 66 Fed. Reg., 1455 et seq., January 8, 2001, and other subsequent Federal directives that may be issued, except to the extent the FTA determines otherwise in writing.
The Contractor, without exception, shall indemnify and save harmless BFT and its employees from liability of any kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by BFT.
If the Contractor uses any design, device, or materials covered by letters, patents, or copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
The Contractor agrees to comply with 49 U.S.C. 40118 CFR Part 301 10 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their Contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all Subcontracts that may involve international air transportation.
If for any reason, any part, term or provision of this Contract is held by the court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid.
If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as they may be in conflict therewith, and shall be deemed modified to conform to such statutory provision.
Contractor is required to certify that they or their Subcontractors are not on the Comptroller General’s list of ineligible Contractors.
The Contractor agrees to comply with 49 U.S.C. 40118 CFR Part 301 10 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their Contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all Subcontracts that may involve international air transportation.
The Contractor agrees to comply with 46 U.S.C. 1241 46 CFR Part 381: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 business days following the date of loading for shipments originating within the United States or within 30 business days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a Subcontractor's bill-of-lading.) c. to include these requirements in all Subcontracts issued pursuant to this Contract when the Subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
Contractor agrees to conform, to the extent applicable to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by section 5206(e) of TEA-21, 23 U.S.C. § 502 note, and with FTA Notice, "Federal Transit Administration National ITS Architecture Policy on Transit Projects," 66 Fed. Reg., 1455 et seq., January 8, 2001, and other subsequent Federal directives that may be issued, except to the extent the FTA determines otherwise in writing.
In accordance with Title 41, USC 22 for Public Contracts, No Member of Congress shall be admitted to any share or part of any Contract or Agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon. The provisions of this section shall not apply to any Contracts or Agreements heretofore or hereafter entered into under the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933, and the Home Owners' Loan Act of 1933, and shall not apply to Contracts or Agreements of a kind which the Secretary of Agriculture may enter into with farmers: Provided, That such exemption shall be made a matter of public record.
The Contractor agrees to comply with 46 U.S.C. 1241 46 CFR Part 381: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 business days following the date of loading for shipments originating within the United States or within 30 business days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a Subcontractor's bill-of-lading.) c. to include these requirements in all Subcontracts issued pursuant to this Contract when the Subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
Contractor agrees to conform, to the extent applicable to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by section 5206(e) of TEA-21, 23 U.S.C. § 502 note, and with FTA Notice, "Federal Transit Administration National ITS Architecture Policy on Transit Projects," 66 Fed. Reg., 1455 et seq., January 8, 2001, and other subsequent Federal directives that may be issued, except to the extent the FTA determines otherwise in writing.
Applicability to Contracts:Third party Contractors who perform safety-sensitive functions must comply with FTA’s substance abuse management program under 49 C.F.R. part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.” Under 49 C.F.R. § 655.4, Safety-sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or Contractors:
1. Operating a revenue service vehicle, including when not in revenue service;
2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License;
3. Controlling dispatch or movement of a revenue service vehicle;
4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. § 5307 or § 5309, is in an area less than 200,000 in population, and Contracts out such services; or an employer who receives funding under 49 U.S.C. § 5311 and Contracts out such services;
5. Carrying a firearm for security purposes.
Additionally, third party Contractors providing testing services involving the performance of safety sensitive activities must also comply with 49 C.F.R. part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”
Flow Down Requirements:The Substance Abuse requirements flow down to all third-party Contractors at every tier who perform a safety-sensitive function for the recipient or subrecipient.
FTA's drug and alcohol rules, 49 C.F.R. part 655: Are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or Contractors) implement a complex drug and alcohol testing program that complies with part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or Contractors comply with them.
How a recipient does so depends on several factors, including whether the Contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the Contractor, and the financial resources available to the recipient to oversee the Contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and Contractors comply with the rules.
FTA has developed three model Contract provisions for recipients to use "as is" or to modify to fit their particular situations.
Explanation Contract Options:
Option 1: The recipient ensures the Contractor's compliance with the rules by requiring the Contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 C.F.R. part 655. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option for only those recipients that have a testing program for their employees and can add the Contractor's safety-sensitive employees to that program.
Option 2: The recipient relies on the Contractor to implement a drug and alcohol testing program that complies with 49 C.F.R. part 655 but retains the ability to monitor the Contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under Option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the Contractor complies with the program. The disadvantage of Option 2 is that, without adequate monitoring of the Contractor's program, the recipient may find itself out of compliance with the rules.
Option 3: The recipient specifies some or all of the specific features of a Contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the Contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why.
Substance Abuse Testing:
Option 1: The Contractor agrees to participate in AGENCY’s drug and alcohol program established in compliance with 49 C.F.R. part 655.
Option 2: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
Option 3: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process.
The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select A, B, or C]
1. submit before [insert date or upon request] a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR
2. adopt [insert title of the Policy Statement the recipient wishes the Contractor to use] as its policy statement as required under 49 C.F.R. part 655; OR
3. submit for review and approval before [insert date or upon request] a copy of its Policy Statement developed to implement its drug and alcohol testing program.
Applicability to Contracts:Third party Contractors who perform safety-sensitive functions must comply with FTA’s substance abuse management program under 49 C.F.R. part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.” Under 49 C.F.R. § 655.4, Safety-sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or Contractors:
1. Operating a revenue service vehicle, including when not in revenue service;
2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License;
3. Controlling dispatch or movement of a revenue service vehicle;
4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. § 5307 or § 5309, is in an area less than 200,000 in population, and Contracts out such services; or an employer who receives funding under 49 U.S.C. § 5311 and Contracts out such services;
5. Carrying a firearm for security purposes.
Additionally, third party Contractors providing testing services involving the performance of safety sensitive activities must also comply with 49 C.F.R. part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”
Flow Down Requirements:The Substance Abuse requirements flow down to all third-party Contractors at every tier who perform a safety-sensitive function for the recipient or subrecipient.
FTA's drug and alcohol rules, 49 C.F.R. part 655: Are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or Contractors) implement a complex drug and alcohol testing program that complies with part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or Contractors comply with them.
How a recipient does so depends on several factors, including whether the Contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the Contractor, and the financial resources available to the recipient to oversee the Contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and Contractors comply with the rules.
FTA has developed three model Contract provisions for recipients to use "as is" or to modify to fit their particular situations.
Explanation Contract Options:
Option 1: The recipient ensures the Contractor's compliance with the rules by requiring the Contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 C.F.R. part 655. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option for only those recipients that have a testing program for their employees and can add the Contractor's safety-sensitive employees to that program.
Option 2: The recipient relies on the Contractor to implement a drug and alcohol testing program that complies with 49 C.F.R. part 655 but retains the ability to monitor the Contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under Option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the Contractor complies with the program. The disadvantage of Option 2 is that, without adequate monitoring of the Contractor's program, the recipient may find itself out of compliance with the rules.
Option 3: The recipient specifies some or all of the specific features of a Contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the Contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why.
Substance Abuse Testing:
Option 1: The Contractor agrees to participate in AGENCY’s drug and alcohol program established in compliance with 49 C.F.R. part 655.
Option 2: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
Option 3: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process.
The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select A, B, or C]
1. submit before [insert date or upon request] a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR
2. adopt [insert title of the Policy Statement the recipient wishes the Contractor to use] as its policy statement as required under 49 C.F.R. part 655; OR
3. submit for review and approval before [insert date or upon request] a copy of its Policy Statement developed to implement its drug and alcohol testing program.
Applicability to Contracts:Third party Contractors who perform safety-sensitive functions must comply with FTA’s substance abuse management program under 49 C.F.R. part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.” Under 49 C.F.R. § 655.4, Safety-sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or Contractors:
1. Operating a revenue service vehicle, including when not in revenue service;
2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License;
3. Controlling dispatch or movement of a revenue service vehicle;
4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. § 5307 or § 5309, is in an area less than 200,000 in population, and Contracts out such services; or an employer who receives funding under 49 U.S.C. § 5311 and Contracts out such services;
5. Carrying a firearm for security purposes.
Additionally, third party Contractors providing testing services involving the performance of safety sensitive activities must also comply with 49 C.F.R. part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”
Flow Down Requirements:The Substance Abuse requirements flow down to all third-party Contractors at every tier who perform a safety-sensitive function for the recipient or subrecipient.
FTA's drug and alcohol rules, 49 C.F.R. part 655: Are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or Contractors) implement a complex drug and alcohol testing program that complies with part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or Contractors comply with them.
How a recipient does so depends on several factors, including whether the Contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the Contractor, and the financial resources available to the recipient to oversee the Contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and Contractors comply with the rules.
FTA has developed three model Contract provisions for recipients to use "as is" or to modify to fit their particular situations.
Explanation Contract Options:
Option 1: The recipient ensures the Contractor's compliance with the rules by requiring the Contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 C.F.R. part 655. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option for only those recipients that have a testing program for their employees and can add the Contractor's safety-sensitive employees to that program.
Option 2: The recipient relies on the Contractor to implement a drug and alcohol testing program that complies with 49 C.F.R. part 655 but retains the ability to monitor the Contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under Option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the Contractor complies with the program. The disadvantage of Option 2 is that, without adequate monitoring of the Contractor's program, the recipient may find itself out of compliance with the rules.
Option 3: The recipient specifies some or all of the specific features of a Contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the Contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why.
Substance Abuse Testing:
Option 1: The Contractor agrees to participate in AGENCY’s drug and alcohol program established in compliance with 49 C.F.R. part 655.
Option 2: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
Option 3: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process.
The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select A, B, or C]
1. submit before [insert date or upon request] a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR
2. adopt [insert title of the Policy Statement the recipient wishes the Contractor to use] as its policy statement as required under 49 C.F.R. part 655; OR
3. submit for review and approval before [insert date or upon request] a copy of its Policy Statement developed to implement its drug and alcohol testing program.
Applicability to Contracts: The Charter Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors.
Charter Service:The Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:
1. Barring it or any Subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
3. Any other appropriate remedy that may apply. The Contractor should also include the substance of this clause in each Subcontract that may involve operating public transit services.
The Contractor agrees to comply with 49 U.S.C. 40118 CFR Part 301 10 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their Contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all Subcontracts that may involve international air transportation.
The Contractor agrees to comply with 49 U.S.C. 40118 CFR Part 301 10 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub recipients of Federal funds and their Contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all Subcontracts that may involve international air transportation.
Applicability to Contracts: The Charter Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors.
Charter Service:The Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:
1. Barring it or any Subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
3. Any other appropriate remedy that may apply. The Contractor should also include the substance of this clause in each Subcontract that may involve operating public transit services.
Contractor agrees to conform, to the extent applicable to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by section 5206(e) of TEA-21, 23 U.S.C. § 502 note, and with FTA Notice, "Federal Transit Administration National ITS Architecture Policy on Transit Projects," 66 Fed. Reg., 1455 et seq., January 8, 2001, and other subsequent Federal directives that may be issued, except to the extent the FTA determines otherwise in writing.
Applicability to Contracts: The Charter Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors.
Charter Service:The Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:
1. Barring it or any Subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
3. Any other appropriate remedy that may apply. The Contractor should also include the substance of this clause in each Subcontract that may involve operating public transit services.
No Obligation by the Federal Government.
Applicability to Contracts:The School Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The School Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors. Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. Recipients can draw on the following language for inclusion in their federally funded procurements.
School Bus Operations: The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f);
2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
1. Bar the Contractor from receiving Federal assistance for public transportation; or
2. Require the Contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the Contractor may not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each Subcontract or purchase under this Contract that may operate public transportation services.
Contractor agrees to conform, to the extent applicable to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by section 5206(e) of TEA-21, 23 U.S.C. § 502 note, and with FTA Notice, "Federal Transit Administration National ITS Architecture Policy on Transit Projects," 66 Fed. Reg., 1455 et seq., January 8, 2001, and other subsequent Federal directives that may be issued, except to the extent the FTA determines otherwise in writing.
Program Fraud and False or Fraudulent Statements of Related Acts.
Applicability to Contracts:The School Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The School Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors. Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. Recipients can draw on the following language for inclusion in their federally funded procurements.
School Bus Operations: The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f);
2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
1. Bar the Contractor from receiving Federal assistance for public transportation; or
2. Require the Contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the Contractor may not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each Subcontract or purchase under this Contract that may operate public transportation services.
A modification of a Bid already received shall be considered only if the modification is received prior to the time announced for the submittal of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid.
Notwithstanding the above, a late modification of an otherwise successful bid that makes its terms more favorable to BFT shall be considered at any time it is received and may be accepted.
Any modification of the bid or quotation, except a modification resulting from BFT’s request for “best and final” offer, is subject to the same conditions.
Bids may be withdrawn Electronically or by written or email request received from Contractors prior to the time set for the receipt of bids if paper bids were submitted. Bids may be withdrawn in person by a Contractor or an authorized representative, if the representative’s identity is made known and the representative signs a receipt for the bids before award for paper submittals only.
No Contractor may withdraw a bid after the time and date established for submitting bids, or before the award and execution of the contact, unless the award is delayed for a period exceeding ninety (90) from the deadline for receipt of bids. BFT reserves the right to request that Contractor grant an extension of such effective period.
No consideration shall be given by BFT to a claim of error in a bid unless written notice of such claim and supporting evidence of such claim, including cost breakdown sheets, are delivered to BFT within forty-eight (48) hours after the opening of bids. Any review by BFT of a bid and/or any review of such a claim of bid error (including supporting evidence) creates no duty or liability on BFT to discover any other error or mistake, and the sole liability for any bid error or mistake rests with the Contractor. BFT at its sole discretion reserves the right to accept or reject any and/or all withdrawn bids submitted, with authorization from BFT’s Administrative Services Director and BFT’s legal counsel.
48 CFR Chapter 1
Applicability to Contracts
Ben Franklin Transit is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or Rev. 02/2023 FTA Master Agreement dated November 2, 2022 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is:
a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
b. 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) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes;
c. Telecommunications or video surveillance services provided by such entities or using such equipment; and
d. 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.
Applicability to Contracts: Third party Contractors who perform safety-sensitive functions must comply with FTA’s substance abuse management program under 49 C.F.R. part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.” Under 49 C.F.R. § 655.4, Safety-sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or Contractors:
1. Operating a revenue service vehicle, including when not in revenue service;
2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License;
3. Controlling dispatch or movement of a revenue service vehicle;
4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. § 5307 or § 5309, is in an area less than 200,000 in population, and Contracts out such services; or an employer who receives funding under 49 U.S.C. § 5311 and Contracts out such services;
5. Carrying a firearm for security purposes.
Additionally, third party Contractors providing testing services involving the performance of safety sensitive activities must also comply with 49 C.F.R. part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”
Flow Down Requirements: The Substance Abuse requirements flow down to all third-party Contractors at every tier who perform a safety-sensitive function for the recipient or subrecipient.
FTA's drug and alcohol rules, 49 C.F.R. part 655: Are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or Contractors) implement a complex drug and alcohol testing program that complies with part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or Contractors comply with them.
How a recipient does so depends on several factors, including whether the Contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the Contractor, and the financial resources available to the recipient to oversee the Contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and Contractors comply with the rules.
FTA has developed three model Contract provisions for recipients to use "as is" or to modify to fit their particular situations.
Explanation Contract Options:
Option 1: The recipient ensures the Contractor's compliance with the rules by requiring the Contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 C.F.R. part 655. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option for only those recipients that have a testing program for their employees and can add the Contractor's safety-sensitive employees to that program.
Option 2: The recipient relies on the Contractor to implement a drug and alcohol testing program that complies with 49 C.F.R. part 655 but retains the ability to monitor the Contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under Option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the Contractor complies with the program. The disadvantage of Option 2 is that, without adequate monitoring of the Contractor's program, the recipient may find itself out of compliance with the rules.
Option 3: The recipient specifies some or all of the specific features of a Contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the Contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why.
Substance Abuse Testing:
Option 1: The Contractor agrees to participate in AGENCY’s drug and alcohol program established in compliance with 49 C.F.R. part 655.
Option 2: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
Option 3: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process.
The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select A, B, or C]
1. submit before [insert date or upon request] a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR
2. adopt [insert title of the Policy Statement the recipient wishes the Contractor to use] as its policy statement as required under 49 C.F.R. part 655; OR
3. submit for review and approval before [insert date or upon request] a copy of its Policy Statement developed to implement its drug and alcohol testing program.
Applicability to Contracts:Third party Contractors who perform safety-sensitive functions must comply with FTA’s substance abuse management program under 49 C.F.R. part 655, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.” Under 49 C.F.R. § 655.4, Safety-sensitive function means any of the following duties, when performed by employees of recipients, subrecipients, operators, or Contractors:
1. Operating a revenue service vehicle, including when not in revenue service;
2. Operating a nonrevenue service vehicle, when required to be operated by a holder of a Commercial Driver's License;
3. Controlling dispatch or movement of a revenue service vehicle;
4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service. This section does not apply to the following: an employer who receives funding under 49 U.S.C. § 5307 or § 5309, is in an area less than 200,000 in population, and Contracts out such services; or an employer who receives funding under 49 U.S.C. § 5311 and Contracts out such services;
5. Carrying a firearm for security purposes.
Additionally, third party Contractors providing testing services involving the performance of safety sensitive activities must also comply with 49 C.F.R. part 40, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”
Flow Down Requirements:The Substance Abuse requirements flow down to all third-party Contractors at every tier who perform a safety-sensitive function for the recipient or subrecipient.
FTA's drug and alcohol rules, 49 C.F.R. part 655: Are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or Contractors) implement a complex drug and alcohol testing program that complies with part 655. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or Contractors comply with them.
How a recipient does so depends on several factors, including whether the Contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the Contractor, and the financial resources available to the recipient to oversee the Contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and Contractors comply with the rules.
FTA has developed three model Contract provisions for recipients to use "as is" or to modify to fit their particular situations.
Explanation Contract Options:
Option 1: The recipient ensures the Contractor's compliance with the rules by requiring the Contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 C.F.R. part 655. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option for only those recipients that have a testing program for their employees and can add the Contractor's safety-sensitive employees to that program.
Option 2: The recipient relies on the Contractor to implement a drug and alcohol testing program that complies with 49 C.F.R. part 655 but retains the ability to monitor the Contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under Option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the Contractor complies with the program. The disadvantage of Option 2 is that, without adequate monitoring of the Contractor's program, the recipient may find itself out of compliance with the rules.
Option 3: The recipient specifies some or all of the specific features of a Contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the Contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why.
Substance Abuse Testing:
Option 1: The Contractor agrees to participate in AGENCY’s drug and alcohol program established in compliance with 49 C.F.R. part 655.
Option 2: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
Option 3: The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of [name of State], or AGENCY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process.
The Contractor agrees further to certify annually its compliance with parts 655 before [insert date] and to submit the Management Information System (MIS) reports before [insert date before March 15] to [insert title and address of person responsible for receiving information]. To certify compliance the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select A, B, or C]
1. submit before [insert date or upon request] a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR
2. adopt [insert title of the Policy Statement the recipient wishes the Contractor to use] as its policy statement as required under 49 C.F.R. part 655; OR
3. submit for review and approval before [insert date or upon request] a copy of its Policy Statement developed to implement its drug and alcohol testing program.
Applicability to Contracts:The School Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The School Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors. Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. Recipients can draw on the following language for inclusion in their federally funded procurements.
School Bus Operations: The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f);
2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
1. Bar the Contractor from receiving Federal assistance for public transportation; or
2. Require the Contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the Contractor may not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each Subcontract or purchase under this Contract that may operate public transportation services.
48 CFR Chapter 1
Applicability to Contracts
Ben Franklin Transit is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or Rev. 02/2023 FTA Master Agreement dated November 2, 2022 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is:
a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
b. 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) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes;
c. Telecommunications or video surveillance services provided by such entities or using such equipment; and
d. 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.
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform BFT immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. BFT may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to BFT.
Any bid received at the office designated in the solicitation after the exact time specified for receipt shall not be considered. The exact time (also referred to as official time) is the date and time the bid is actually received by BFT.
Termination for Convenience or Default - BFT may terminate this Contract in whole or in part, for BFT convenience or because of the failure of the Contractor to fulfill any/all contractual obligations. BFT shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the BFT Procurement Representative all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process.
If the termination is for the convenience of BFT, the BFT Procurement Representative shall make an equitable adjustment in the Contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the Contract obligations, BFT may complete the work by Contract or otherwise and the Contractor shall be liable for any additional cost incurred by BFT.
If, after termination for failure to fulfill Contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of BFT.
Applicability to Contracts: The Charter Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors.
Charter Service:The Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:
1. Barring it or any Subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
3. Any other appropriate remedy that may apply. The Contractor should also include the substance of this clause in each Subcontract that may involve operating public transit services.
Applicability to Contracts: The Charter Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors.
Charter Service:The Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:
1. Barring it or any Subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
3. Any other appropriate remedy that may apply. The Contractor should also include the substance of this clause in each Subcontract that may involve operating public transit services.
48 CFR Chapter 1
Applicability to Contracts
Ben Franklin Transit is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or Rev. 02/2023 FTA Master Agreement dated November 2, 2022 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is:
a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
b. 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) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes;
c. Telecommunications or video surveillance services provided by such entities or using such equipment; and
d. 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.
Applicability to Contracts:The School Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The School Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors. Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. Recipients can draw on the following language for inclusion in their federally funded procurements.
School Bus Operations: The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f);
2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
1. Bar the Contractor from receiving Federal assistance for public transportation; or
2. Require the Contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the Contractor may not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each Subcontract or purchase under this Contract that may operate public transportation services.
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform BFT immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. BFT may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to BFT.
2 CFR § 180.220 and 1200.220
Federal Requirements >$25,000
FTA INTEREST
The U.S. Federal Transit Administration (“FTA”) has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the award, this Master Contract, and any amendments thereto including, but not limited to, a default, breach, major dispute, or litigation. Accordingly, FTA shall have the right to concur in such any settlement or compromise.
NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges, Enterprise Services and Participant promptly shall notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in which Enterprise Services and Participant are located.
1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the award, this Master Contract, and any amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
3. If Enterprise Services or Participant have credible evidence that a Principal, Official, Employee, Agent, or Third Party Participant of Enterprise Services or Participant, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, Enterprise Services and Participant promptly shall notify the U.S. DOT Inspector General, in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Enterprise Services and Participant are located.
FEDERAL INTEREST IN RECOVERY
The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the Federal share awarded for the Project, except that the Recipient may return liquidated damages recovered to its Project Account in lieu of returning the Federal share to the Federal Government.
Enforcement
The Recipient agrees to pursue its legal rights and remedies available under any third party contract or available under law or regulations.
FTA Concurrence
FTA reserves the right to concur in any compromise or settlement of any claim involving the Project and the Recipient.
Alternative Dispute Resolution
FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate.
Applicability to Contracts:The School Bus requirements apply to Contracts for operating public transportation service.
Flow Down Requirements:The School Bus requirements flow down from FTA recipients and subrecipients to first tier service Contractors. Model Clause/Language The relevant statutes and regulations do not mandate any specific clause or language. Recipients can draw on the following language for inclusion in their federally funded procurements.
School Bus Operations: The Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f);
2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
1. Bar the Contractor from receiving Federal assistance for public transportation; or
2. Require the Contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the Contractor may not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each Subcontract or purchase under this Contract that may operate public transportation services.
Addenda Notification: Bidders are to register for an account via BFT’s OpenGov Procurement Portal. Once a bidder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/bft. If Bidder prefers hard copies, be sure to coordinate with your Contract Specialist I.
The Contractor agrees to defend, indemnify, and hold BFT, its officers, directors, agents, servants, employees, shareholders, partners and representatives harmless from any and all claims, including death, bodily injury or property damage, together with reasonable attorney fees and court costs, arising out of or resulting from or connected with the Contractor’s work, except for claims caused by the sole negligence of BFT.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and BFT, its officers, directors, agents, servants, employees, and representatives, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under industrial insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver.
Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination.
Conditions for bonds: Payment and performance bonds for 100% of the Contract Award Amount (including state sales tax on material only), shall be furnished for the Work, using the Payment Bond and Performance Bond form published by and available from the American Institute of Architects (AIA) – form A312 (or current version of the same). Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15% or more, the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds. The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15% or more.
Contractor agrees to furnish a Retainage bond for 5% of the Contract Sum for the period allowed by RCW 39.08.010.
For projects that are FTA funded, bonds are only acceptable and no retainage may be held.
Prospective Contractor shall submit any and all requests in writing prior to the bid due date. This can be requested in OpenGov's Procurement Portal or an email may be sent to the Contract Specialist I. Questions and Clarifications towards the Scope of Work and the Contract Terms and Conditions are due Thursday, July 30, 2026, at 5:00 pm PDT. This is to allow BFT to have ample time to respond prior to bid due date and time. If no request for approved equal or deviation is received, it shall be construed by BFT to mean that the Bidder/Contractor intends to fully comply with IFB terms and conditions, and specifications. BFT shall review all requests for approved equals or deviations and, if necessary, shall issue an amendment to the solicitation, which identifies all approved or disapproved requests.
Conditions for bonds: Payment and performance bonds for 100% of the Contract Award Amount (including state sales tax on material only), shall be furnished for the Work, using the Payment Bond and Performance Bond form published by and available from the American Institute of Architects (AIA) – form A312 (or current version of the same). Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15% or more, the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds. The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15% or more.
Contractor agrees to furnish a Retainage bond for 5% of the Contract Sum for the period allowed by RCW 39.08.010.
For projects that are FTA funded, bonds are only acceptable and no retainage may be held.
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform BFT immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. BFT may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to BFT.
In all services, programs or activities, and all hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor’s employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Contract by BFT and, in the case of the Contractor’s breach, may result in ineligibility for further BFT Contracts.
When alternative surety required: Contractor shall promptly furnish payment and performance bonds from an alternative surety as required to protect Owner and persons supplying labor or materials required by the Contract Documents if:
Contractor is not required to be a Disadvantaged Business Enterprise (DBE) participant, BFT’s agency goal for DBE is 1.0% of the dollar value of the Contract. BFT affirmatively ensures that Disadvantaged and Women-owned Business Enterprises (W/DBE’S) will be afforded full opportunity to submit bids in response to this request and will not be discriminated against on the grounds of race, color, or national origin in consideration for an Award.
When alternative surety required: Contractor shall promptly furnish payment and performance bonds from an alternative surety as required to protect Owner and persons supplying labor or materials required by the Contract Documents if:
BFT reserves the right to issue a Notice to Proceed at any time up to twenty (20) calendar days following Award of the Contract.
Contractors who apply or bid for a federally funded contract of one hundred thousand dollars ($100,000) or more shall file the certification required by 49 CFR Part 20, Appendix A, “Certification Regarding Lobbying,” and 31 U.S.C. § 1352. Each tier shall certify to the tier above that it has not used and will not use federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, loan, or cooperative agreement.
Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any covered federal award, including the name of any registrant under the Lobbying Disclosure Act of 1995, 2 U.S.C. § 1601 et seq., who has made lobbying contacts on its behalf. Such disclosures shall be forwarded from tier to tier up to BFT.
Per Appendix A, 49 CFR Part 20 Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
The Contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The Contractor also agrees to ensure that all work performed under this Contract including work performed by a Subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
BUY AMERICA - The Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11.
CERTIFICATE - A “Buy America” Certificate must be completed and submitted with the proposal. A proposal, which does not include the certificate, shall be considered non-responsive. A waiver from the Buy America provisions may be sought by BFT if grounds for the waiver exist.
If only a single bid is received, BFT shall determine whether the proposed price is fair and reasonable in accordance with applicable procurement requirements. BFT may document price reasonableness through cost analysis, price analysis, historical comparison, market research, comparison with similar procurements, or other accepted procurement methods.
To assist in this determination, BFT may require the Bidder/Contractor to provide a cost analysis, price comparison, supporting pricing documentation, or other information necessary to evaluate the proposed price. If requested, the Bidder/Contractor shall provide the requested information within seven (7) business days of the date of the request.
BFT reserves the right to accept or reject the bid based upon its determination of price reasonableness and compliance with solicitation requirements.
Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any Contract:
48 CFR Chapter 1
Applicability to Contracts
Ben Franklin Transit is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or Rev. 02/2023 FTA Master Agreement dated November 2, 2022 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is:
a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
b. 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) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes;
c. Telecommunications or video surveillance services provided by such entities or using such equipment; and
d. 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.
Pursuant to Executive Order 12549 and federal regulations in 49 CFR 29, entities and individuals who are debarred or suspended by the federal government are excluded from obtaining federal assistance funds under this Contract. To assure that such entities and individuals are not involved as participants on this FTA-financed Contract, each Contractor shall complete and submit, as part of its bid, the certification contained with the attached forms for itself and its principals. The inability of a Contractor to provide a certification will not necessarily result in denial of consideration for Contract award. The certification is a material representation of fact upon which reliance is placed in determination of award of contract. If at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, it shall immediately provide written notice to BFT. If it is later determined that the Contractor knowingly rendered an erroneous certification or failed to notify BFT immediately of circumstances which made the original certification no longer valid, BFT may disqualify the Contractor. If it is later determined that the Contractor knowingly rendered an erroneous certification or failed to notify BFT immediately of circumstances which made the original certification no longer valid, BFT may terminate the Contract, in addition to other remedies available including FTA suspension and/or debarment.
2 CFR § 180.220 and 1200.220
Federal Requirements >$25,000
FTA INTEREST
The U.S. Federal Transit Administration (“FTA”) has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the award, this Master Contract, and any amendments thereto including, but not limited to, a default, breach, major dispute, or litigation. Accordingly, FTA shall have the right to concur in such any settlement or compromise.
NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges, Enterprise Services and Participant promptly shall notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in which Enterprise Services and Participant are located.
1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the award, this Master Contract, and any amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
3. If Enterprise Services or Participant have credible evidence that a Principal, Official, Employee, Agent, or Third Party Participant of Enterprise Services or Participant, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, Enterprise Services and Participant promptly shall notify the U.S. DOT Inspector General, in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Enterprise Services and Participant are located.
FEDERAL INTEREST IN RECOVERY
The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the Federal share awarded for the Project, except that the Recipient may return liquidated damages recovered to its Project Account in lieu of returning the Federal share to the Federal Government.
Enforcement
The Recipient agrees to pursue its legal rights and remedies available under any third party contract or available under law or regulations.
FTA Concurrence
FTA reserves the right to concur in any compromise or settlement of any claim involving the Project and the Recipient.
Alternative Dispute Resolution
FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate.
Contract will be awarded to the most responsive and responsible bidder who provided the lowest overall bid cost. If an agreement cannot be met or Contractor needs to withdraw their bid, then BFT may enter into Contract with the next lowest Bidder.
48 CFR Chapter 1
Applicability to Contracts
Ben Franklin Transit is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or Rev. 02/2023 FTA Master Agreement dated November 2, 2022 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is:
a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
b. 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) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes;
c. Telecommunications or video surveillance services provided by such entities or using such equipment; and
d. 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.
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform BFT immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. BFT may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to BFT.
2 CFR § 180.220 and 1200.220
Federal Requirements >$25,000
FTA INTEREST
The U.S. Federal Transit Administration (“FTA”) has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the award, this Master Contract, and any amendments thereto including, but not limited to, a default, breach, major dispute, or litigation. Accordingly, FTA shall have the right to concur in such any settlement or compromise.
NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges, Enterprise Services and Participant promptly shall notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in which Enterprise Services and Participant are located.
1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the award, this Master Contract, and any amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
3. If Enterprise Services or Participant have credible evidence that a Principal, Official, Employee, Agent, or Third Party Participant of Enterprise Services or Participant, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, Enterprise Services and Participant promptly shall notify the U.S. DOT Inspector General, in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Enterprise Services and Participant are located.
FEDERAL INTEREST IN RECOVERY
The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the Federal share awarded for the Project, except that the Recipient may return liquidated damages recovered to its Project Account in lieu of returning the Federal share to the Federal Government.
Enforcement
The Recipient agrees to pursue its legal rights and remedies available under any third-party contract or available under law or regulations.
FTA Concurrence
FTA reserves the right to concur in any compromise or settlement of any claim involving the Project and the Recipient.
Alternative Dispute Resolution
FTA encourages the Recipient to use alternative dispute resolution procedures, as may be appropriate.
By submitting a bid for this Contract, the Contractor agrees that should it be awarded the Contract, it shall not knowingly enter into any Subcontract exceeding $25,000.00 with an entity or person who is debarred, suspended, or who has been declared ineligible from obtaining federal assistance funds; and shall require each Subcontractor to complete the certification provided.
Each Subcontract, regardless of tier, shall contain a provision that the Subcontractor shall not knowingly enter into any lower tier Subcontract with a person or entity who is debarred, suspended or declared ineligible from obtaining federal assistance funds, and a provision requiring each lower-tiered Subcontractor provide the corresponding certification.
Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced labor in the performance of the Contract. Contractor shall inform BFT immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. BFT may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to BFT.
By the bid due date of Thursday, August 6, 2026, Contractor must have received L&I authorized training on public works and prevailing wage or have completed three or more public works projects and have had a valid business license in Washington for three or more years. RCW 39.04.350(f).
Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(f).
BFT will verify that the Bidder meets the mandatory Bidder responsibility criteria in RCW 39.04.350(f).
The Contractor hereby certifies that, within the three-year period immediately preceding the bid solicitation date, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.
The undersigned is fully authorized to execute this certification on behalf of the Contractor and certifies on the Contractor’s behalf that, to the best of its knowledge, the information presented in this Statement of Qualifications is a statement of facts and that the Contractor has the financial capability to perform the work which is the subject of this solicitation. The Contractor further certifies that it knows of no person and/or organization conflicts of interest prohibited under federal, state and local law.
The Contractor certifies that the bid submitted is in accordance with this solicitation and all issued addenda, and that the Contractor agrees to be bound by the same.
In compliance with the Federal Executive Order No. 13043, "Increasing Seat Belt Usage in the United States", April 16, 1997, 23 U.S.C Section 402 Note3, FTA encourages each third-party contractor to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles, and to include this provision in each third-party subcontract involving this project.
The bid submitted is a genuine and not a sham or collusive bid, nor made in the interest or on behalf of any person not therein named; and Contractor has not directly or indirectly induced or solicited any Bidder/Contractor on the above work or supplies to put in a sham bid nor any other person or corporation to refrain from proposing; and that said Bidder/Contractor has not in any manner sought by collusion to secure to self-advantage over any other Bidder/Contractor. If Federal funds are being used for this project Contractor must have the Non-Collusion Affidavit form notarized.
Breach and Disputes Resolution under 49 CFR PART 18, FTA CIRCULAR 4220.1G:
Pursuant to Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009, the Contractor is encouraged to:
During the period of this project, the Contractor and its insurers, if any, shall be responsible for all risks of loss or damage. After completion date or/of delivery, all risk of loss or damage shall be on BFT, except loss or damage attributable to Contractor’s negligence.
The Contractor certifies that:
If the Contractor cannot make either certification above, the Contractor shall provide a written explanation to Ben Franklin Transit (BFT). BFT shall not enter into this Contract with a Contractor that cannot make these certifications without obtaining any required approval from the Federal Transit Administration (FTA).
The Contractor shall include this provision in all subcontracts at every tier with any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association performing work under this Contract.
The use of many of the suggested clauses are not governed by Federal Law, but are significantly affected by State Law. Washington State and Federal Jurisprudence if applicable to conflict of Laws shall apply.
Contractor agrees that confidential information obtained from BFT shall not be disclosed except upon the written consent of BFT.
INSURANCE
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in this project.
The Contractor shall purchase from, and maintain in, a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor’s operations under the Contract, and for which the Contractor may be legally liable, whether such operations be by the Contractor, or by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
The Contractor shall not commence work on this project until he has obtained, and submitted to the owner, all required insurance documents. Insurance is to be furnished in the following minimum limits:
1. Workman’s Compensation – Statutory, with Employer’s Liability Coverage - $1,000,000 each accident
2. General Liability – Occurrence Form
a. General Aggregate - $1,000,000
b. Products – Comp/Ops Aggregate - $1,000,000
c. Personal Injury - $1,000,000
d. Each Occurrence - $1,000,000
e. Coverage to include Underground, Explosion and Collapse Hazards,
Contractual and Broad Form Property Damage Liability
3. Comprehensive Automobile Liability
a. Bodily Injury and Property Damage - $1,000,000 combined single limit
Coverage to include:
All vehicles used in the project
Hired Automobile Liability
Employers Non-Owned Automobile Liability
4. Non-Cancellation Rider – Notification of owner ten (10) days prior to cancellation.
5.Subcontractors – The Contractor shall either insure the activities of their subcontractors in their own policy or require them to procure and submit evidence of insurance, of the type, and in the amounts and coverage, as specified above. The Contractor will maintain records of subcontractor compliance.
INSURANCE FOR IT VENDOR OR IT PROFESSIONAL SERVICES CONTRACT
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in this project.
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in this project.
The Contractor shall purchase from, and maintain in, a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of, or result from, the Contractor’s operations under the Contract, and for which the Contractor may be legally liable, whether such operations be by the Contractor, or by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
Bonding
Conditions for Bonds: The Contractor shall furnish Payment and Performance Bonds, each in an amount equal to one hundred percent (100%) of the initial Contract Award Amount of $125,000, using the American Institute of Architects (AIA) Payment Bond and Performance Bond, Form A312 (current edition), or another form approved by BFT.
Prior to the execution of any Change Order that, when combined with previous Change Orders, increases the Contract Award Amount by fifteen percent (15%) or more, the Contractor shall furnish either new Payment and Performance Bonds for the revised Contract Award Amount or riders increasing the existing bonds to the required amount. The Contractor shall likewise provide additional bonds or riders whenever subsequent cumulative Change Orders increase the Contract Award Amount by an additional fifteen percent (15%) or more.
The surety shall have a minimum financial strength rating of A:VII as published by A.M. Best Company and shall be listed as an acceptable surety on federal bonds in the current U.S. Department of the Treasury Circular 570.
If the scope of work listed under this Contract should be unavoidably delayed, BFT’s Chief Executive Officer shall extend the time for completion of the Contract for the determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during Contractor’s performance, and was not caused directly or substantially by acts, omissions, negligence, or mistakes of Contractor, Contractor’s suppliers or their agents, and was substantial and in fact caused Contractor to miss delivery dates and could not adequately have been guarded against by Contractual or legal means. Delays beyond the control of BFT or caused by BFT shall be sufficient justification for delay of the scope of work and Contractor shall be allowed a day-for-day extension.
Contractor agrees to comply with all applicable federal, state, county, or municipal standards for the licensing, certifications, operation of facilities and programs, and accreditation and licensing of individuals, if any.
In the event of litigation between the parties hereto, declaratory or otherwise, for the enforcement of any of the covenants, terms or conditions of this Contract, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney’s fees and other costs incurred in such action or proceeding.
This Contract has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this Contract shall be governed by laws of the State of Washington, both as to interpretation and performance.
Any action of law, suit in equity, or judicial proceeding for the enforcement of this Contract or any provisions thereof, shall be initiated and maintained only in any of the courts of competent jurisdiction in the Superior Court of Benton County, Washington.
Waiver of any breach of any term or condition of the Contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of the Contract shall be held to be waived, modified or deleted except by an instrument in writing signed by the parties hereto.
BFT will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. This does not preempt State licensing laws. However, geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the Contract.
Any notice or demand under or required by this Contract shall be given in writing and shall be deemed properly given if actually received in due and timely course by the party for whom the notice was intended, or if sent by registered or certified mail, postage prepaid, to the intended party in care of the appropriate address below:
Ben Franklin Transit
Attn: Johnabeth Sealy, Contract Specialist I
1000 Columbia Park Trail
Richland, WA 99352
Email: jsealy@bft.org
The Contractor shall be excused from deliveries or delay in deliveries if such failure to deliver or delay shall be caused by war, acts of terrorism, strikes, lockouts or other labor disturbances, fires, interruptions of transportation facilities, accidents, inability to obtain merchandise, shortage of energy source or raw material, or other similar causes beyond the Contractor’s control. This Contract is subject to applicable restrictions imposed by any Federal agency or by any other governmental authority.
All work performance and services provided by the Contractor under this agreement and the final by-products of such shall be the property of BFT. All reports, specifications, drawings, graphical representations, and electronic data pertaining to same, developed by the Contractor or in conjunction with this agreement, shall be surrendered to BFT at the conclusion of this agreement upon requests. The Contractor expressly waives all copyright privileges to such information, and BFT may use or modify same without any additional payment to the Contractor. Any reuse of work prepared by the Contractor shall be solely at BFT’s with no liability to the Contractor. All drawings shall be prepared on a current AutoCAD release. Any data used in, or developed as a result of, this agreement shall be revealed to no one except BFT without the expressed consent of BFT.
Regardless of whether the solution is on-premise or cloud-based, the Contractor shall maintain complete confidentiality of the information that comes to its possession consequent to the provision of their solution, and shall not reveal the same to any third party or use for purpose other than specified in this Agreement, provided however that such information may be provided by the Contractor if required under any order of Court or Governmental Authority. Contractor shall ensure compliance with confidentiality and non-disclosure requirements from all the employees/workers/representative of the Contractor associated with its operation as Contractor to BFT.
BFT retains all claims to and ownership of data submitted to or processed by solution. Contractor agrees it has no right to use or retain of BFT data. On request, Contractor shall immediately return all the equipment, records, or data (both physical and electronic) received or generated under this Agreement or destroy if BFT so requests, upon which a Certificate of Destruction will be provided by Contractor to BFT to that effect.
In addition, Contractor shall, among other legal requirements, also comply with requirements of Information Technology (Reasonable Security Practices, Procedures, and Sensitive Business or Personal Data information protection) for the protection of business data or sensitive personal information of individuals whose data its solution has secured or accessed pursuant to the Services performed under this Agreement. The obligation of confidentiality shall survive the termination of this Agreement.
The Contractor, without exception, shall indemnify and save harmless BFT and its employees from liability of any kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by BFT.
If the Contractor uses any design, device, or materials covered by letters, patents, or copyright, it is mutually agreed and understood without exception that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work.
All writings, drawings, photographs, models, sound recordings, audiovisual records, and other creative works prepared by Contractor in furtherance of Contractor’s consulting hereunder shall be deemed to have been prepared for BFT and shall be considered as works made for hire and all rights comprised in the writings, drawings, photographs, models, sound recordings, audiovisual records and other creative works and the copyright thereof shall be owned by BFT.
Written Change Orders – Oral changes are not permitted. No change in this Contract shall be made unless BFT gives prior written approval. The Contractor shall be liable for all costs resulting from, and/or for satisfactorily correcting any change in the work not ordered by BFT in writing.
Change Order Procedure – Within fifteen (15) calendar days after receipt of a written change order, the Contractor shall submit to BFT a detailed price and schedule bid for the work to be performed. This bid may be accepted by BFT or may be modified by negotiations between the Contractor and BFT. A change order amendment shall be executed in writing by both parties. Disagreements that cannot be resolved within negotiations shall be resolved in accordance with the Contract disputes clause. Regardless of any disputes, the Contractor shall proceed with the work ordered. Contractor shall provide BFT with price and cost change information, in order to complete a price analysis or if required a cost analysis on the required change order or orders.
Price Adjustment for Regulatory Changes – If price adjustment is indicated, either upward or downward, it shall be negotiated between BFT and the Contractor for changes that are mandatory as a result of legislation or regulations that are promulgated and become effective between the date of the Contract award and the date of manufacture. Such price adjustment may be modified where required. Such price adjustment may be audited by BFT.
Any written commitment by Contractor within the scope of this Contract shall be binding upon Contractor.
BFT designates Jason Haggerty, Supervisor of Facilities Maintenance, or their designee as representative authorized to act on its behalf in the direction of the work under this Contract. This authority does not extend to issuing directives outside the scope of or contradictory to the provisions of this Contract.
Contractor shall designate a representative to act on its behalf. Said representative shall have full authority to direct all affairs in respect to the work performed under this Contract.
By confirming this question, Vendor certifies that they or their Subcontractors are not on the Comptroller General’s list of ineligible Contractors.
Please provide your company's WA State UBI number in order for BFT to conduct several reviews of your agency in order to be applicable to hold this projects Contract.
The Contractor agrees to sign up on the System for Award Management (SAM) website at https://www.sam.gov/portal/SAM/#1 within five (5) calendar days of Notice of Award if Contractor is not already registered.
Please confirm that you have read and agree to the projects Terms and Conditions.
If Contractor selects "No" please upload your requested changes of exceptions in the next Vendor Questionnaire for BFT's consideration.
If you answered, "No" to being able to agree to the Terms and Conditions please upload your requested changes here for BFT to consider and review.
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please download the below documents, complete, and upload.
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please download the below documents, complete as formatted, and upload. BFT does not want Contractor’s to alter the forms
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms.
If Federal funds are being used for this project Contractor must have the Non-Collusion Affidavit form notarized.
Please download the below submittal document, complete as formatted and upload. BFT does not want Contractor’s to alter the forms
Please indicate how many sets of response if vendor returns written responses in leu of utilizing the e-Procurement Portal.
Example: four (4)
Withdrawal or Modification of Bids Notice of error and supporting evidence claim time frame.
Please choose the timeframe a Contractor must have their bid valid and can withdraw a bid if award is delayed longer than.
Please choose which Insurance requirements your project will require.
The answer to the question will determine the inclusion of language related to use of Federal (FTA) funds.
The answer to the question will determine the inclusion of language related to Use of Federal Funds, Buy America, Lobbying, and Termination Clauses. If Federal Funds are not utilized, please select "N/A"
Please choose which type of Federally Funding project this may be.
The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works.
Choose each form to be completed with this project
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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