Active SLED Opportunity · OHIO · GREATER DAYTON REGIONAL TRANSIT AUTHORITY
AI Summary
The Greater Dayton Regional Transit Authority seeks bids for an 8-year tire lease and servicing contract for its fleet of 258 buses. The contract includes tire supply, maintenance, inspection, delivery, and record keeping. Funded partly by FTA and ODOT, the fixed-price contract requires compliance with federal regulations and includes detailed service and reporting requirements.
The Greater Dayton Regional Transit Authority (RTA) is soliciting bids for Tire Lease Contract.
This Invitation to Bid (IFB) is for the purpose of establishing a long-term contract with a qualified tire contractor for the leasing and servicing of tires for the RTA’s fleet of buses. The RTA operates transit buses, overhead catenary wire trolley buses and paratransit buses. This contract will be for an eight (8) year term.
The RTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the RTA, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
History
RTA is an independent political subdivision of the State of Ohio organized pursuant to Ohio Revised Code Section 306.30 through 306.71, inclusive, as amended.
The RTA was created on September 6, 1971, pursuant to the Revised Code, by ordinances of the Councils of the City of Dayton and the City of Oakwood. After completing the purchase of the assets of City Transit, the major privately owned public transportation system in the area, the RTA became operational on November 5, 1972. In September 1980, after the approval in the preceding April by the voters of the County of a one-half percent sales and use tax of unlimited duration for all purposes of the RTA, the boundaries of the RTA were extended to be co extensive with the boundaries of Montgomery County and parts of Greene County.
Governing Body
All power and authority of the RTA is vested in and exercised by its nine (9) member Board of Trustees.
This Invitation to Bid (IFB) is for the purpose of establishing a long-term contract with a qualified tire contractor for the leasing and servicing of tires for the RTA’s fleet of buses. The RTA operates transit buses, overhead catenary wire trolley buses and paratransit buses. This contract will be for an eight (8) year term.
1. RTA BUS FLEET EQUIPMENT AND MILEAGES
| Quantity | Make | Year | Radial Tire Size | Tires per bus |
| 100 | Gillig 40' Diesel | 2016-2021 | B305/85R22.5 | 6 |
| 7 | Gillig 35' Diesel | 2020 | B305/85R22.5 | 6 |
| 32 | Gillig 35' Diesel | 2007-2017 | B275/70R22.5 | 6 |
| 45 | NexGen/Gillig 40' Trolley | 2014-2020 | B305/85R22.5 | 6 |
| 79 | Glaval-Ford Paratransit | 2023-2025 | 225/75R-16 | 6 |
| 2 | SKODA 40' Trolley | 1998 | B305/85R22.5 | 6 |
| 2 | gm Trolley (<1000MILES/YEAR) | 1981 | B305/85R22.5 | 6 |
| 1 | New Flyer (<1000 MILES/YEAR) | 2001 | B275/70r22.5 | 6 |
The 3-year annual average miles for tire size B305/85R22.5 = 5,107,712 miles
The 3-year annual average miles for tire size B275/70R22.5 = 717,030 miles
The 3-year annual average miles for tire size B225/75R-16 = 1,976,906 miles
TOTAL = 7,801,648 – 3-year ANNUAL average overall fleet miles
2. RTA anticipates the operation of its current buses for some period of time. However, RTA does not guarantee such operation of any specific number of buses or any specific number of miles, either of which may be increased or decreased by RTA at any time. The RTA may, at any time during the contract term, add to, dispose of, remove from service, or return to service any or all of its buses. Reasonable advance notice thereof shall be given to the contractor by RTA.
3. If any of RTA’s buses equipped with the Contractors tires are disposed of or removed from service, these tires shall be removed by RTA and used on other RTA buses, or they may be purchased by RTA at a price agreeable to the Contractor. If requested by RTA, and where practicable by the Contractor, the Contractor shall provide inflatable tires for RTA, which have no value to be used doe disposal buses or other RTA needs. (See Section 18, Scrap Tires (No-Value Tires.)
4. Current contract rate per tire listed below:
a. B305/85R22.5 – .008268
b. B275/70R22.5 – .009864
c. 225/75R-16 – .004314
5. TIRE REQUIREMENTS
a. Six (6) tires for each bus owned, used and/or controlled by RTA in the active service fleet and contingency fleet.
b. One (1) spare tire for each two (2) diesel or hybrid buses owned, used and/or controlled by RTA in active service. All such spare tires will be stored in a location designated by RTA.
c. One (1) spare tire for each electric trolley owned, used and /or controlled by RTA in active service. All such spare tires will be stored in a location designated by RTA.
d. One (1) spare tire for each two (2) paratransit buses owned, used and/or controlled by RTA in active service. All such spare tires will be stored in a location designated by RTA.
e. The Contractor shall maintain on a perpetual daily basis, thirty (30) rear tires and fourteen (14) front tires fully inspected and mounted on rims/wheels and ready for installation, sorted as directed. These mounted tires may be included in the total of spare tires required in 6.8.a., 6.8.b., and 6.8.c above. RTA will provide the means for the Contractor to transport to/from the service locations as required.
f. The Contractor shall maintain a sufficient supply of tires as required under contract to guarantee continuity of service at all times. In the possible event of a manufacturing delay in tires due to a strike, the Contractor will, to the degree possible, prior to the effective day of the strike, ship additional tires to maintain RTA’s service during the manufacturing delay.
6. WHEELS
7. SERVICES
a. Maintain a sufficient supply of mounted tires to guarantee continuity of service and availability of tires when needed. Repair and maintain all tires as required.
b. The Contractor shall inspect the tread depth of each tire installed on a coach at least once per month, and check each tire’s air pressure at least two times per month. Specific monthly due dates will be determined at award.
c. Inspect and record the tread depth on each RTA bus at least once per month.
d. Inspect all tires at least twice per month (spare stock, mounted and/or installed) and designate those which may be unfit for further service.
e. Inspect the tire air pressures with tire inflation gauge on a daily basis in quantities of buses/coaches sufficient to ensure that each buses/coaches in the fleet is pressure checked every fourteen (14) days. The tires requiring additional air shall be filled to the proper level by the Contractor representative and notation of same shall be made by said representative on check sheet.
f. The Contractor shall inspect the rear axle tires of all RTA buses on a weekly basis checking for flat tires.
g. Contractor agrees to remove from and/or mount tires on rims supplied by RTA and make the necessary repairs on said tires. The Contractor is responsible for the removal of all unusable and scrap tires from the RTA facility at intervals to be agreeable to both parties, but not less than monthly.
h. Reverse direction of rotation of front tires as necessary to maximize front tire mileage.
i. Reverse curb damaged tires on wheels to protect sidewall from further damage.
j. The Contractor shall post recommended tire pressure for their products. Tire wear deemed not satisfactory by the RTA insofar as weak design or side cupping shall be analyzed and a determination made as to satisfactory product stability for the particular transit application.
k. Keep all records of tire location, subject to random audit by RTA.
l. Static balance all front tires and wheel sets prior to installation and as needed.
m. Mate rear dual tires. The difference in circumference of tires matched for use as dual rears shall not exceed 0.5 inches.
n. The Contractor shall keep complete records of the location of each tire, tire mileage and tire transfers. Two copies of these records shall be submitted by the 10th of each month to RTA’s Chief or Deputy Chief Maintenance Officer or designated Project/Contract Manager. RTA shall keep complete mileage records for each bus. The Contractor shall have access to and the right to inspect such records at all reasonable times. By the 10th of each month, RTA shall furnish the Contractor with a list of all buses operated during the previous month and the mileage of each bus.
o. Inspection reports (checklists) and written reports of suspected equipment defects and/or unusual tire wear shall be submitted to RTA’s Chief or Deputy Chief Maintenance Officer on a daily basis.
p. The Contractor shall provide the following required equipment to be used by the Contractor’s technician(s):
1. Tire changer
2. Lifter and spreader
3. Tire inflation cage
4. Tire balancing machines
5. Portable air compressor
q. The Contractor shall furnish all supplies (wheel weights, valve stems and caps, repair materials, mounting lubricant, etc.), hand tools, equipment, etc. that may be required to properly service and maintain tires.
r. Contractor shall be responsible for the proper use of RTA equipment and supplies used by Contractor’s technicians. It shall be the Contractor’s responsibility to ensure that proper safety precautions are exercised by the Contractor’s employees at all times.
s. RTA shall provide safe and suitable indoor space for storage and servicing of tires furnished under the contract. Contractor shall keep the space furnished clean, orderly and safe at all times.
t. RTA will permit Contractor’s representatives to have access to said facilities and equipment to carry out the terms and conditions of the contract.
u. The security of all tires shall be the responsibility of the Contractor. In addition, the Contractor shall provide all the necessary hardware, fixtures, etc. to insure the security of the tires. All shipments of tires, and the acceptance of these shipment shall be the responsibility of the Contractor.
v. Contractor shall agree to repair and maintain all tires furnished under this contract, and shall rotate, mount and demount tires from rims as necessary to maximize the tire mileage. This includes tires from the run-out period.
w. The successful Contractor shall be responsible for maintaining and servicing all tires currently on buses/coaches through the run-out period of 36 months.
x. New valve grommets, high temperature cores and caps shall be supplied and installed by the Contractor each time the tires are mounted. The Contractor shall measure the outside diameter of all tires to the nearest one-fourth of an inch (1/4”) and indicate the measurement on the outside of each tire using a grease pencil. This process is required to match tires.
y. The Contractor shall inspect all tires, before delivery, to insure that RTA has received tires that are void of flaws in workmanship. If during servicing or inspection RTA determines a tire to be scrap and/or damaged, the determination shall be binding and said tire(s) shall be removed from RTA’s property on a monthly basis. This right of inspection and removal shall not be an obligation of RTA nor shall it serve to supplant Contractor’s duty to supply RTA’s fleet with safe tires.
z. The Contractor shall inspect all tires mounted or waiting for mounting on RTA’s coaches. The Contractor shall identify scrap tires, in writing, by tire brand number, to the RTA’s Chief or Deputy Chief Maintenance Officer or the designated Project/Contract manager who will visually verify the damage and sign the report. The Contractor shall forward the report to the RTA’s Chief or Deputy Chief Maintenance Officer for his signature.
aa. The Contractor shall inspect all rims for damage, cracks, stud hole elongation etc., and prep all rims to be used on the rear axles by grinding and cleaning the rim’s mating surface.
8. TECHNICIAN(S) / SERVICE STAFF
a. RTA will provide forklift training and certification testing to Contractor’s technician(s) one time per person at no charge. If the certification test is not passed, additional training and testing may be provided by RTA and billed to Contractor at the rate of $300 per testing. Technician(s) who fail to become certified after testing three times must be replaced within fourteen (14) days.
a. Drug and Alcohol Testing: The Contractor’s employees assigned to RTA are classified as "safety sensitive" positions. The Contractor shall, as part of its hiring process, and while these staff are in the Contractor's employment at RTA, be in full compliance with regard to drug and alcohol testing required by the U.S. Department of Transportation (DOT) and the Federal Transit Administration (FTA) under 49 CFR Parts 40, 655, as may be amended, and any other testing which may be subsequently imposed by DOT and/or the FTA on said staff during the term of this contract.
b. After the bid opening and prior to the award of the contract, upon request by RTA, and within three (3) working days of such request, the lowest bidders(s) shall provide RTA with a "Certificate of Compliance" that it is currently (at the time of the bid submission), or that it will be (prior to the award date of this contract) in full compliance with the aforesaid federal regulation. Bidder shall also provide any other such drug and alcohol information that RTA may require (e.g., a copy of Bidder's drug and alcohol testing program, etc.). Failure by Bidder to provide RTA such information within the three (3) working days may be cause for Bidder's bid to be rejected and deemed non-responsive. The certificate (and other information) may be faxed, followed by the original certificate (and hard copies of the requested information) provided to RTA within a reasonable number of days after RTA's receipt of the faxed certificate (and other requested information).
c. During the contract term, upon request by RTA, and within three (3) working days of said request, the Contractor shall provide on-going "Certificates of Compliance" that it is in full compliance with the aforesaid federal regulation, and any other information RTA may request with regard to drug and alcohol testing of (or any other testing which may be subsequently imposed by DOT or FTA during the term of this contract for) said staff at RTA during the term of this contract.
9. DELIVERY
10. TITLE TO TIRES & LIENS ON BUSES
Title to tires furnished under the contract shall remain the property of the Contractor unless the run-out option is exercised by RTA under Section 16 herein. The tires shall continue to be the property of the Contractor until Contractor has received full payment of all sums owed by RTA under the terms of the contract. RTA will hold Contractor harmless against any claim on ownership of tires made by reason of a holder of a lien on any buses on which RTA uses such tires.
11. FUTURE PURCHASED BUSES
12. SERVICE RATE/OWNED TIRES
The service rate for service work on RTA’s owned tires that may be purchased under Section 12, Future Purchased Buses, is to be the same rate bid for service personnel for leased tire service.
13. LEASED BUSES
a. To notify Contractor in writing of the existence and details of such arrangement.
b. That all Leased Buses will be furnished to RTA by the owner without tires so that they may be operated and equipped with the Contractor’s tires supplied under this contract.
c. To obtain from the owner an agreement acceptable to and for the benefit of Contractor whereby the owner acknowledges Contractor’s ownership and right to possession of all tires supplied by it and waives any and all rights with respect thereto by virtue of their use on Leased Buses or otherwise.
d. After obtaining such agreement from the owner of Leased Buses, said buses shall be subject to all the terms and conditions of the contract to the same extent as buses owned by RTA, and if RTA surrenders or otherwise loses possession of any of the Leased Buses equipped with tires supplied by the Contractor, RTA shall purchase each tire thereon (including spares) as provided herein with respect to buses sold by RTA. The term “Leased Bus” shall not include any bus rented or borrowed by RTA for temporary use during a period limited to not more than ninety (90) days.
14. UNUSED MILEAGE
If during the term of the contract, RTA shall sell, dispose of or remove from service, buses equipped with Contractor’s tires, or if for any reason RTA would discontinue its business, or discontinue the use of any such buses equipped with tires that cannot be used on existing buses, RTA shall purchase the unused mileage in each tire thereon (including spares) at prices to be computed as set forth in the contract.
15. RUN-OUT OPTION
a. Upon the expiration of the term of the contract, RTA has the right to further extend said contract and continue to use all tires furnished by Contractor under such contract in RTA’s possession on the expiration date for a period of thirty-six (36) months from said expiration date.
b. All terms, conditions and provisions of said contract, shall remain in full force and effect during said thirty-six (36) month run-out period, except that Contractor shall be relieved of any requirements to furnish RTA with additional tires, equipment, repair materials, and tire service during said thirty-six (36) month period unless requested by RTA and agreed to by Contractor.
c. The rate or rates per bus miles in effect during such thirty-six (36) month run-out period shall be the rate or rates in effect for the six (6) month period immediately preceding the commencement date of such thirty-six (36) month run-out period.
d. It is understood that RTA shall continuously use such tires insofar as is practicable on its highest mileage runs until such tires are rendered permanently unfit for service during said thirty-six (36) month run-out period.
e. Upon the expiration of said thirty-six (36) month run-out period, RTA shall pay for any then unused mileage remaining in such tires (tires supplied by Contractor pursuant to the contract) at the rate set forth in Paragraph (c) above. The amount of the unused mileage shall be determined by subtracting from the average mileage accrued from similar tires normally used and permanently removed from service during the twelve (12) month period immediately preceding the expiration for the thirty-six (36) month run-out period, remaining thereon at the rental rate in effect immediately preceding the expiration date at the terms specified in paragraph (c) above.
16. PURCHASE OF EXISTING TIRES
Should the run-out option not be exercised by the RTA at the expiration or termination of the current contract, RTA agrees that within sixty (60) days after submission and verification of statement by Contractor, to pay for the unused mileage for each remaining consigned tire at the rates (less service rate) provided in the current contract.
Title to the tires shall remain with the Contractor until all such statements have been received, have been verified, and billings have been paid in full, at which time the RTA will acquire each such used tire as-is.
17. SCRAP TIRES (NO-VALUE TIRES)
a. Contractor will furnish “No Value Tires” to RTA for the sole and exclusive purpose of equipping RTA’s obsolete or out-of-service buses/coaches. It is understood that a “No Value Tire” means any tire furnished under the Agreement that has been determined by Contractor to be permanently unfit for further service under the Agreement. Each “No Value Tire” furnished under this Agreement shall be listed on a mileage tire disposition document that reflects the tire as “scrap or no-value” under casing disposition. It is also understood that obsolete or out-of-service buses/coaches means any buses/coaches furnished with tires under the Agreement which has been determined by RTA to be unfit for further service by RTA under the Agreement.
b. In consideration of the accommodation and benefit given RTA, RTA agrees to use the “No Value Tires” furnished for the sole and exclusive purpose of equipping RTA’s obsolete or out-of-service buses/coaches and further agrees to ensure that such “No Value Tires” are properly disposed of if and when they are removed by RTA from such obsolete or out-of-service buses/coaches.
1. RTA will acquire each “No Value Tire” as is, and Contractor makes no warranties as to the condition or fitness for continued use of such tire. RTA further agrees to assume all liability for use, possession or disposal of any “No Value Tires” furnished hereunder while RTA owned.
2. RTA agrees not to file or assert against Contractor any claim, action or cause of action for loss, liability or damage arising out of RTA’s use, possession or disposal of “No Value Tires” furnished under this Agreement.
3. RTA agrees to indemnify, defend and hold Contractor harmless against claims of loss, liability or damage, including injury, resulting from Contractor’s furnishing of “No Value Tires” to RTA hereunder, including any and all costs, legal fees, expenses and attorneys’ fees resulting from such claims, for such time as the No Value Tires are RTA owned.
4. RTA agrees to dispose of each “No Value Tire” in full compliance with applicable federal, state and local laws, rules and regulations. RTA agrees to indemnify, save harmless and defend Contractor from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs and expenses incident thereto (including costs of defense, settlement and reasonable attorneys’ fees), which Contractor may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders, caused, in whole or in part, by the disposal by RTA of “No Value Tires” furnished to RTA hereunder, for such time as the No Value Tires are RTA owned.
5. Title and all other incidents of ownership to the “No Value Tire” shall be transferred from Contractor and vested in RTA at the time Contractor delivers to RTA a copy of the mileage tire disposition designating the tires as “scrap or no-value tires.”
c. It is further agreed that Contractor and RTA shall have the right, at their option, without prejudice to any other rights and remedies, to decline to further provide/utilize “No Value Tires.”
18. DAMAGED AND LOST TIRES
19. SALE OF BUSES/COACHES
20. COACH MILEAGE REPORTS
a. Monthly mileage and accumulated mileage per tire by position on coach, identified by coach number, tire serial number.
b. Number of tires scrapped identified by position on coach, coach number, tire serial number, total accumulated miles, and reason for removal.
c. Number of uninstalled tires by size and tire brand number.
d. The average mileage for each group of tires in RTA’s fleet.
e. A summary of work completed by the Contractor for the previous month. This report shall be due on the 10th of the month.
f. A list by the tire by tire brand number of air pressure and tire depth checks and the corrective actions taken (daily the service staff shall supply the RTA’s Chief or Deputy Chief Maintenance Officer with a list of mis-aligned coaches).
g. A list of all coaches that were inspected and found to need wheel alignments (daily the service staff shall supply the RTA’s Chief or Deputy Chief Maintenance Officer with a list of mis-aligned coaches).
21. POINTS OF CONTACT
Contractor must furnish and maintain current contact information to include point of contact, title, mailing address, phone and facsimile numbers, and e-mail address for the Contractor and Subcontractor, if applicable.
22. MONTHLY SERVICE MEETINGS
If necessary, monthly service meetings with designated RTA Maintenance personnel, Contractor, and Service Provider will be held at RTA facilities.
23. CONTRACT TERMINATION
24. CONTINUING WARRANTIES (Tires and Service)
25. INDEMNIFICATION
26. OTHER REQUIREMENTS
a. The Contractor shall not be considered in default hereunder if unable to furnish tires because of governmental regulations requiring change in materials or methods used in the manufacturing of tires, or for delays in deliveries of tires caused by wars, strikes, lockouts, fires, interruption of transportation facilities, accidents, acts of terrorism or any cause beyond the Contractor's control.
b. In addition to any other provisions relating to default, if the Contractor fails to meet the requirements of the contract, after ten (10) days prior written notice by RTA, the product or service may be procured from any source by RTA, and, if a greater price than that named in the contract is paid, the reasonable excess price will be charged to and collected from the Contractor.
a. In the event the Contractor fails to comply with the following minimum performance standards, liquidated damages shall be assessed at the rate of $500 for each occurrence per day:
1. Failure of bus to make pullout due to the Contractor not having mounted tires available the previous day.
2. Failure of the Contractor to provide adequate tools and equipment to provide tire services.
3. Failure of the Contractor to properly service and maintain tires according to the requirements within this Scope of Work.
4. Failure of the contractor to notify the RTA, in writing, that tires need to be removed from a particular bus when the tread depth is measured at 4/32nds on the fronts and 2/32nds on the rears, or the requirements and standards set forth by the U.S. Department of Transportation (U.S. DOT) as may be applicable to city-transit type buses, whichever is the most stringent.
5. Failure to have sufficient mounted tires on hand for replacement.
a. RTA, or its designee, may conduct random performance and operational audits of all services, processes, tires, invoices and/or any items contained in the contract to ensure adherence to the expected outcomes of the contract.
a. In the event of any language conflicts between or among RTA's Scope of Work/Specifications, the following shall prevail:
1. The signed contract documents
2. The IFB document sent to Bidders
3. Scope of Work / Specifications
4. Instructions to Bidders and Special Cond
27. DEFINITIONS
The Greater Dayton Regional Transit Authority, hereinafter called "RTA", requests bids for Tire Lease Contract, hereinafter called "above-named project" or by the specific project name, under the following requirements and conditions, which shall be considered an essential part of the contract documents.
1. Submission and Modification
Submissions are due electronically by 11:00 am, Dayton (Eastern) time on Tuesday, June 2, 2026, through OpenGov. Any submission received after the exact date and time specified will not be considered.
Submissions may be modified online through OpenGov prior to the due date and time by unsubmitting a bid or proposal and making modifications and then re-submitting.
In addition, any costs incurred while preparing a bid or proposal submission, including site visits, will not be reimbursed by RTA.
2. Questions and Clarifications
All questions and clarifications must be submitted through the Q&A Section of the project on OpenGov by Tuesday, May 26, 2026.
Any new or relevant information given to any one contractor will be furnished to all contractors as addenda to this procurement.
3. Administration of Sealed Bids
4. Contract Award
Contract awards are based on the lowest responsive and responsible bidder as determined by the Greater Dayton Regional Transit Authority (RTA). The RTA reserves the right, as the interests of the RTA may require, to postpone, accept or reject all bids and to waive defects or irregularities in the bids received. In awarding a contract(s), the RTA reserves the right to consider all elements entering the determination of the responsibility of the bidder. Any bid which is incomplete, conditional, obscure, or which contains additions not called for or irregularities of any kind, may be cause for rejection of the bid.
Contract(s) for the purchase of goods and/or services will be awarded within sixty (60) calendar days from the date upon which bids were opened to the lowest bidder RTA deems responsive and responsible. The successful bidder will be required to execute the attached contract within five (5) calendar days after notification of award.
In the event a single bid is received, the RTA will conduct a price and/or cost analysis of the bid. Price analysis is the process of examining and evaluating a price submitted without examining in detail the separate cost elements and the profit included in the cost bid. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantities and involving similar specifications. Where a difference exists, a detailed analysis must be made of this difference and costs associated thereto. RTA has the right to enter into a negotiated procurement should only a single bid be received. Where it is impossible to obtain a valid price analysis, it may be necessary for the RTA to conduct a cost analysis of the bid price.
5. Funding
The proposed contract shall be funded in part from the Federal Transit Administration (FTA) and the Ohio Department of Transportation (ODOT). Each vendor shall examine all contract documents noting particularly all requirements, which will affect the contractor's work.
6. Specified Material and "Approved Equals"
7. Requesting an Approved Equal
To request an approved equal, contact Michelle Collier at mcollier@greaterdaytonrta.org prior to the final date for questions and clarifications which is Tuesday, May 26, 2026. Any request for approved equal must include a formal product sheet that lists all relevant specifications that are included in the scope of work of this project. If there are required specifications that are not addressed or the proposed equal has insufficient specifications, the proposed equal will not be approved.
8. Protest Procedures
RTA will hear and consider a sustainable protest regarding its procurement actions in accordance with the below procedures. Due to the significantly limited role of FTA in protests, it is anticipated that the majority of all protests will be evaluated, and the final decision rendered by RTA. RTA intends to provide a thorough review of all sustainable protests. The RTA's primary concern is the timely procurement of needed capital equipment, supplies, or services. Therefore, it does not intend to allow the filing of bid or proposal protests to unnecessarily delay the procurement process.
DEFINITIONS
SUBMITTAL PROCESS
9. Confidentiality of Submissions
The RTA will be exempt from disclosure of proprietary information, trade secrets, and confidential commercial and financial information submitted. Any such proprietary information or confidential commercial or financial information that the contractor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket type identification by designating whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information will not assure confidentiality. The specific proprietary information, trade secrets, or confidential commercial and financial information must be clearly identified as such.
10. Trade Secret Notification
Under Ohio Law, a bid or proposal document may be a public record unless it meets an exception under the Public Records Law. One such exception is trade secrets and are treated with confidentiality. However, the contractor must notify the RTA in all of their submitted documents as to which portions of their submission constitute trade secrets and are to be treated as confidential. It is the responsibility of the submitting party to mark those parts of the submission which you wish to have treated as confidential. While this does not assure that these portions of the document will constitute a trade secret and be exempt from public records requests under Ohio Law, in the absence of notice from you to us that those documents are to be treated as trade secrets and to be held confidential, they will be made available to the public upon a public records request unless another exception applies to exempt them from disclosure.
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, and 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 the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the RTA that would cause the RTA to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.
1. Contract Pricing
This is a fixed price contract. All prices offered and accepted are firm for the duration of the contract. Contractors may not change or negotiate contract prices. Except as provided in this contract, no special fees or expenses shall be charged directly to the RTA.
2. Contract Duration
The duration or term of this contract shall be for ninety-six (96) months. RTA reserves the right to award this contract to one or more contractors.
The Greater Dayton Regional Transit Authority may extend the term of this contract by written notice to the Contractor within 30 days, provided that the RTA shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the RTA to an extension. If the RTA exercises this option, the extended contract shall be considered to include this option provision. The total duration of this contract, including the exercise of any options under this clause, shall not exceed ninety-six (96) months.
3. Quantity and Delivery Requirements
There is no set quantity nor delivery schedule for this contract. Goods and/or services shall be provided as required by RTA. Awarded vendors responsible for meeting all requirements for the awarded items over the contract period. No guarantee is made or implied as to the minimum quantities that may be ordered for the duration of the contract.
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to its actions pertaining to this Project. Upon execution of the Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the Contract or the FTA-assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on Contractor, to the extent the Federal Government deems appropriate.
Contractor shall include the above two paragraphs in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
Record Retention. Contractor shall retain and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.
Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at least three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of Transportation, the Comptroller General of the United States, FTA, the RTA, and their duly authorized representatives to inspect and audit records and information related to performance of this contract as reasonably may be required.
Access to the Sites of Performance. Contractor shall permit FTA, the RTA, and their duly authorized representatives' access to the sites of performance under this Contract as reasonably may be required.
The Greater Dayton RTA's General Terms and Conditions are attached to this solicitation in Attachments B.
Contractor shall at all times comply with all applicable federal laws, regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the RTA and the FTA, as they may be amended or promulgated from time to time during the term of the Contract. Contractor’s failure to so comply shall constitute a material breach of the Contract.
Contractor must prohibit: (a) discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b) exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332; (c) denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332; and (d) discrimination identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.
Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. However, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.
Contractor must comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq.; (b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21; and (c) Federal transit law, specifically 49 U.S.C. § 5332; and
Contractor must follow: (a) the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3; and (c) all other applicable federal guidance that may be issued.
Equal Employment Opportunity
All Federal funding must be expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.
It is the policy of the RTA and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the RTA deems appropriate, which may include, but is not limited to:
Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the RTA makes to the prime contractor. 49 C.F.R. § 26.29(a).
Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the RTA’s written consent; and that, unless the RTA’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).
The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.
The contractor must promptly notify the RTA, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of RTA.
Contractor shall comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.).
Seat Belt Use. Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by Contractor or RTA.
Distracted Driving. Contractor shall adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.
Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
Definitions. As used in this clause: (1) "driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise (note: "driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary); and (2) “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication (note: “text messaging” does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park).
Executive Order. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. Contractor is encouraged to adopt and enforce policies that ban text messaging while driving company-owned/rented vehicles, Government-owned vehicles, and privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. Contractor is also encouraged to conduct initiatives in a manner commensurate with the size of the business, such as: (1) establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (2) education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the $10,000
The RTA 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 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 RTA immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. RTA 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 the RTA.
The termination rights under this Contract are in addition to, and in no way limit, the Federal Government’s right to terminate as described in 2 CFR § 200.340.
Termination for Convenience
RTA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in RTA’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to RTA to be paid the Contractor. If the Contractor has any property in its possession belonging to RTA, the Contractor will account for the same and dispose of it in the manner RTA directs.
Termination for Default
If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the RTA may terminate this contract for default. Termination shall be affected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the RTA that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the RTA, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure
The RTA, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) business days in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to RTA's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) business days after receipt by Contractor of written notice from RTA setting forth the nature of said breach or default, RTA shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude RTA from also pursuing all available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach
In the event that RTA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by RTA shall not limit RTA’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.
If a current or prospective legal matter that may affect the Federal Government emerges, Contractor must promptly notify the RTA, which must then promptly notify the FTA Chief Counsel and FTA Regional Counsel for Region 5. Contractor must include an equivalent provision in its sub agreements at every tier for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount.
Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract (which includes review of SAM at sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200) and are not presently declared by any Federal department or RTA to be: (1) debarred from participation in any federally-assisted Award; (2) suspended from participation in any federally-assisted Award; (3) proposed for debarment from participation in any federally-assisted Award; (4) declared ineligible to participate in any federally-assisted Award; (5) voluntarily excluded from participation in any federally-assisted Award; or (6) disqualified from participation in any federally-assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the RTA. If it is later determined by the RTA that Contractor knowingly rendered an erroneous certification, in addition to remedies available to the RTA, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Contractor shall comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
[Applies to contracts and subcontracts involving the transportation of persons or property by air between a place in the United States and a place outside of the United States, or between places outside the United States, when the FTA will participate in the cost of such air transportation.]
As used in this clause: (1) “international air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States; (2) “United States” means the 50 States, the District of Columbia, and outlying areas; and (3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
If available, Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
If Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, then Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S. - Flag Air Carriers - International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
____________________________________________
(End of statement)
Contractor shall include the substance of this clause in each subcontract or purchase under this contract that may involve international air transportation.
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 RTA, 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 RTA.
The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.
The contractor certifies that it:
Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.
If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third-Party Agreement with the Third-Party Participant without FTA’s written approval.
Flow-Down. The contractor agrees to flow this requirement down to participants at all lower tiers, without regard to the value of any sub agreement.
Contractor shall comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance.
Contractor shall ensure that it: (A) will not use any violating facilities; (B) will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” (C) will report violations of use of prohibited facilities to FTA; and (D) will comply with the inspection and other requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
Unless otherwise provided for the RTA, the following provision shall apply:
Contractor shall comply with 49 U.S.C. 5323(j) and 49 CFR part 661, which provide that federal funds may not be obligated unless all 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 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 CFR § 661.11. Contractor must submit to RTA the appropriate Buy America certification with its offer. Offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.
Construction materials used in FTA-funded projects are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA.
[Applies to all contracts and subcontracts involving the purchase of items designated by the EPA (that contain the highest percentage of recovered materials practicable) in excess of $10,000. See 40 C.F.R part 247 for federal designation of items.]
Contractor shall provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection RTA (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 CFR part 247. The requirements of Section 6002 include: (A) procuring only items designated in guidelines of the U.S. EPA at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (B) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (C) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
[Applies to all contracts involving equipment, material, or commodities that may be transported by ocean vessels.]
Contractor shall 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 Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels;
Contractor shall furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading 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 Contractor in the case of a subcontractor's bill-of-lading); and
Contractor shall 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.
Rolling Stock Limitations
Contractor and its subcontractors must comply with the limitation on certain rolling stock procurements at 49 U.S.C. § 5323(u), prohibiting the procurement of rolling stock from specified manufacturers for public transportation use.
Air Pollution & Fuel Economy
The Contractor agrees to comply with applicable Federal air pollution control and fuel economy regulations, such as: EPA regulations, “Control of Air Pollution from Mobile Sources,” 40 CFR Part 85; EPA regulations, “Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines,” 40 CFR Part 86; and EPA regulations, “Fuel Economy of Motor Vehicles,” 40 CFR Part 600.
Bus Testing
Contractor agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 CFR part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, Contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the grantee.
Pre-Award & Post-Delivery Audits of Rolling Stock Purchases
Contractor shall comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 CFR part 663. Contractor shall comply with the Buy America certification(s) submitted with its offer. Contractor shall participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 CFR part 663 and related FTA guidance.
Contract Work Hours/Safety Standards for Awards Not Involving Construction
Public Transportation Employee Protective Arrangements
Contractor shall comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
Substance Abuse (Drug & Alcohol Testing)
Contractor shall establish and implement a drug and alcohol testing program that complies with “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” (49 CFR Part 655), produce any documentation necessary to establish its compliance with parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, or RTA, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and 49 CFR part 40 and review the testing process.
Contractor shall also submit for review and approval a copy of its substance abuse prevention policy developed to implement its drug and alcohol testing program. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers involving the performance of a safety-sensitive function under the Contract.
Charter Service
Contractor shall comply with 49 U.S.C. 5323(d), (g), and (r), and 49 CFR 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 CFR part 604; (3) any other federal Charter Service regulations; or (4) Federal guidance, except as FTA determines otherwise in writing.
If Contractor engages in a pattern of violations of FTA’s Charter Service regulations, then 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.
Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.
School Bus Operations
Contractor shall comply with 49 U.S.C. 5323(f) and (g), and 49 CFR part 605, 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: (A) federal transit laws, specifically 49 U.S.C. § 5323(f); (B) FTA regulations, “School Bus Operations,” 49 CFR part 605; (C) any other Federal School Bus regulations; or (D) federal guidance, except as FTA determines otherwise in writing. If Contractor violates these school bus requirements, then FTA may bar Contractor from receiving Federal assistance for public transportation or require Contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, Contractor may not use federally funded equipment, vehicles, or facilities. Contractor should include the substance of this clause in each subcontract or purchase under this Contract that may operate public transportation services.
Motor Carrier Safety
Financial Responsibility. Contractor shall comply with the economic and insurance registration requirements of: (1) U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Minimum Levels of Financial Responsibility for Motor Carriers,” 49 C.F.R. part 387, if Contractor is: (a) engaged in operations requiring compliance with 49 C.F.R. part 387, (b) engaged in interstate commerce, and (c) not within a defined commercial zone; and (2) provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of 49 C.F.R. part 387, and reduce the amount of insurance the Recipient must obtain to the highest amount required by any state in which the public transportation provider operates, if it operates within a public transportation service area located in more than one state, and receives federal assistance under 49 U.S.C. §§ 5307, 5310, and 5311.
U.S. FMCSA Requirements. Contractor shall comply with: (1) safety requirements of U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Federal Motor Carrier Safety Regulations,” 49 C.F.R. parts 390 – 397, to the extent applicable; and (2) driver’s license requirements of U.S. FMCSA regulations, “Commercial Driver’s License Standards, Requirements, and Penalties,” 49 C.F.R. part 383, and “State Compliance with Commercial Driver's License,” 49 C.F.R. part 384, to the extent applicable, with the substance abuse requirements and guidance of U.S. FMCSA’s regulations, “Drug and Alcohol Use and Testing Requirements,” 49 C.F.R. part 382, and implementing federal guidance, to the extent applicable.
NTD Reporting
As a condition of benefitting from federal assistance for public transportation operations, Contractor and its subcontractors must: (A) facilitate compliance with 49 U.S.C. § 5335(a), which authorizes the National Transit Database (NTD); (B) conform to the NTD reporting system and the Uniform System of Accounts and Records; (C) comply with FTA regulations, “Uniform System of Accounts and Records and Reporting System,” 49 CFR Part 630; (D) report when required to the National Transit Database in accordance with FTA regulation 49 CFR Part 630, “National Transit Database,” and applicable FTA instructions: (1) any information relating to a transit asset inventory or condition assessment; (2) any data on assaults on transit workers; (3) any data on fatalities that result from an impact with a bus; and (4) such other information as FTA may require; (E) comply with any other applicable reporting regulations, and requirements; and (F) follow FTA guidance.
Compliance With National ITS Architecture Policy
Contractor shall conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455, January 8, 2001, and all other applicable federal guidance.
Contract Work Hours/Safety Standards for Awards Not Involving Construction
By submitting a bid, the individual submitting is confirming that they are authorized to do so on behalf of the Company named in the bid.
By confirming, contractor agrees and complies with the Federal Clauses the apply to this procurement.
Companies doing business with RTA must be licensed to do business in the State of Ohio or covenant to obtain such qualification prior to award of the contract. To meet this requirement, Contractors must submit a copy of their Certificate of Good Standing with their bid or proposal. Certificates of Good Standing can be obtained through the Ohio Secretary of State website here:
https://ohio.gov/business/resources/certificates-of-good-standing
In addition, the Contractor may be required, upon request, to prove that they have the skill and experience and the necessary facilities and financial resources to perform the contract in a responsible and satisfactory manner.
Please provide at least three (3) professional references for which your organization has done business. Include the name of the company, contact name, and the contact's email address and phone number.
Please submit the NAICS codes that apply organization. This helps ensure we pre-invite you to future solicitations related to those codes.
Please upload your firm's W-9.
Please upload a screenshot from SAM.gov website to confirm that your company has no active exclusions. To get to the correct page go to sam.gov/content/home then click on the "Search" tab. After this, under "Select Domain" you can select "Entity Information." This is the page where you will be able to search you organization and take a picture of your screen and then upload the picture under this requirement.
The Affirmative Action Assurance Program (AAAP) is a management tool designed to ensure equal employment opportunities. It should include efforts required to remedy all effects of discriminatory patterns and practices impacting women and minorities.
Only awarded vendors with 50 or more employees with a contract that exceeds $100,000 or more are required to apply for AAA certification.
To receive an Affirmative Action Assurance (AAA) Certification, vendors must first log onto the City of Dayton’s vendor certification portal, CityBOTS (www.citybots.com) and complete the online AAA form. To obtain CityBOTS login credentials, vendor must go to www.citybots.com, click the “Request Login” button, and follow the instructions. (If vendor’s Tax ID number does not exist in the City of Dayton’s CityBOTS database, they will need to contact the HRC’s Business & Technical Assistance team at bta@daytonohio.gov or call (937) 333-1430.
Please submit a copy of AAA Certificate supplied through CityBOTS. If approval email has not been received yet, submit a document stating that the application is pending approval. A copy of the certification must be received by RTA prior to award.
By confirming, contractor agrees and complies with the minimum insurance requirements per the General Terms and Conditions in attachment B.
Certificates of Liability Insurance are required to be provided at the time of award.
All materials, specialties, equipment, parts and accessories supplied by the Contractor shall be of the same design and model as all equipment purchased under this specification. The Contractor shall assume all responsibility for these materials, specialties, parts, equipment and accessories whether manufactured by the Contractor or purchased by him from another source.
All specialties, parts, equipment or accessories that prove to be defective in normal operation within the above referenced period shall be replaced or repaired by the Contractor free of all cost to the RTA, including all materials, labor and transportation costs. Transportation of warranty replacement parts shall be by the fastest means possible, including airfreight if the part is of a size that can be reasonably shipped via airfreight.
By confirming, contractor agrees and complies with the warranty clause.
If the offeror is a DBE or is utilizing DBE subcontractors, please complete the attached form.
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Contractors shall submit an affidavit stating that neither the submitting party nor its agents, nor any other party on its behalf, has paid or agreed to pay, directly or indirectly, any person, firm, or corporation, any money or valuable consideration for assistance in procuring or attempting to procure the contract that may result from this solicitation, and further agrees that no such money or consideration will be hereafter paid.
Please download the below documents, complete, and upload.
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Contractors shall submit to the RTA's Chief Financial Officer, a statement affirmed under oath that the person with whom the contract is to be made was not charged at the time the bid or proposal was submitted with any delinquent personal property taxes on the general list of personal property of any county in which the taxing district has territory or that such person was charged with delinquent personal property taxes on any such tax list, in which case the statement shall also set forth the amount of such due and unpaid delinquent taxes and any due and unpaid penalties and interest thereon. If the statement indicates that the taxpayer was charged with any such taxes, a copy of the statement shall be transmitted by the Chief Financial Officer to the county treasurer within 30 days of the date it is submitted.
Please download the below documents, complete, and upload.
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Please download the below documents, complete, and upload.
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For information on requirements, please see attached Terms and Conditions and Federal Clauses.
Please download the below documents, complete, and upload.
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Please download the below documents, complete, and upload.
NOTICE: Document links only work in browser
Please download the below documents, complete, and upload.
NOTICE: Document links only work in browser
Please download the below documents, complete, and upload.
NOTICE: Document links only work in browser
Please download the below documents, complete, and upload.
NOTICE: Document links only work in browser
For any additional information requested or required by any of your previously provided answers please upload that additional documentation here.
What is the DBE Goal for this contract?
Please specify the numeric percent (ex: 5, 10, 15).
DO NOT USE THE % SIGN
This question helps determine which submissions, insurance, and FTA Clauses apply.
Professional services are services that provide expertise or a service rather than a physical product.
Transportation operations is the management of transportation services including busing, paratransit and any other form of public transit.
Materials & Supplies are physical goods. If minor installation or maintenance is included, the solicitation should still be classified as materials and supplies.
What type of Contract pricing will be used for this contract?
What is the initial term of the contract that you wish to state in the package? State in written and numerical number of months.
EXAMPLE (12 months):
twelve (12) months
What is the duration of contract, including any optional extensions, that you wish to state in the procurement package? State in number of months, written and numerical.
EXAMPLE (60 months):
sixty (60) months
Do you wish to use the electronic pricing table within OpenGov for this procurement?
Buy America applies to all procurements over $150,000 that are related to the purchase of manufactured goods.
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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