SLED Opportunity · OHIO · GREATER DAYTON REGIONAL TRANSIT AUTHORITY

    Trolley Infrastructure Wire

    Issued by Greater Dayton Regional Transit Authority
    localRFQGreater Dayton Regional Transit AuthoritySol. 236177
    Closed
    STATUS
    Closed
    due Apr 7, 2026
    PUBLISHED
    Feb 26, 2026
    Posting date
    JURISDICTION
    Greater Dayton
    local
    NAICS CODE
    237130
    AI-classified industry

    AI Summary

    Greater Dayton RTA seeks bids for trolley infrastructure wire to support public transit systems in Dayton, Ohio.

    Opportunity details

    Solicitation No.
    236177
    Type / RFx
    RFQ
    Status
    open
    Level
    local
    Published Date
    February 26, 2026
    Due Date
    April 7, 2026
    NAICS Code
    237130AI guide
    State
    Ohio
    Agency
    Greater Dayton Regional Transit Authority

    Description

    The Greater Dayton Regional Transit Authority (RTA) is soliciting bids for Trolley Infrastructure Wire.

    Background

    GDRTA has an electrical trolley system that runs off a system of underground and overhead wires. This requires GDRTA to have a readily accessible inventory of wire for regular maintenance and other electric system infrastructure improvements.

    Project Details

    • Reference ID: GD 26-09
    • Department: Capital Management/Executive
    • Department Head: Robert (Bob) Ruzinsky) (Chief Executive Officer)

    Important Dates

    • Questions Due: 2026-03-19T21:00:01.473Z
    • Answers Posted By: 2026-03-26T21:00:34.077Z

    Evaluation Criteria

    • Greater Dayton RTA Background

      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.

    • Scope of Work

      General Description
      The Greater Dayton Regional Transit Authority (GDRTA) is seeking a wire vendor to 
      provide grooved trolley wire, feeder cable, steel-stranded cable, and insulated and 
      uninsulated cable.


      General Requirements
      GDRTA has an electrical trolley system that runs off a system of underground and 
      overhead wires. This requires GDRTA to have a readily accessible inventory of wire for 
      regular maintenance and other electric system infrastructure improvements.

      1. Wire Applications:

      A. Grooved Wire: Catenary wire is used for the overhead power source for the trolley
      buses
      B. Feeder Wire: Wire used for power distribution for the GDRTA Grid
      C. Uninsulated Wire: Wire used for pole grounding
      D. Insulated Wire: Wire used as feeder taps for the trolley bus system
      E. Galvanized Steel Strand Wire: Wire used to hang infrastructure assemblies—
      structural wire

      2. Special Conditions

      A. Please note that material specifications/data sheets must accompany the bid package
      submission. 
      B. The price range for this project is estimated to be $1.7 to $2 Million
      C. Please note that the quantities listed in years one (1) through five (5) are not 
      guaranteed. GDRTA will not order less than full reel quantities. It is also understood 
      that the final pricings will always have variance depending upon the Copper Comex 
      Pricing in effect at the time of release.
      D. The receiving department must be notified 48 hours in advance of delivery at 937-
      425-8583 

      3. Basis Of Award:

      A. The award of this order is based on the lowest responsive and responsible bidder(s)
      as determined by GDRTA. 
      B. The GDRTA has the right to make award(s) on the basis of each individual item, or 
      any combination of terms, or in the aggregate of all items. 
      C. For the pricing to be quoted for the first year, please use the Copper Comex Price of 
      $5.77 per pound, which is the pricing as of 01/20/2026.

      4. Wire Specifications
      The following data are approximations and subject to nominal manufacturing tolerances,
      weights, breaking strengths, and resistances are based on nominal dimensions.

      A. 2/0 Grooved Trolley Cable

      1. All Grooved Trolley Wire Must Meet Astm B9-76 Specifications.
      2. Type: ASTM B9 Bronze Alloy 80 (CuMg) Grooved Trolley Cable
      3. This specification covers the construction requirements for single-conductor, 
      solid bronze alloy 2/0 grooved trolley cable, used as an overhead power 
      source for trolley buses on the GDRTA Trolley Bus System.
      4. Quantity: See attached bid list with each reel to hold 5,280 feet or the 
      remainder amount. Material to be shipped plus (+10/-0) percent. Maximum 
      reel dimensions are 41¾” (OD Width) x 59½” (Diameter) with a center hole 
      of 3”.

      • Area in Sq. In. : 0.1083
      • Weight in lbs. per 1000 ft.: 417.6
      • Tensile Strength PSI (Min.): 69,000
      • Breaking Strength in lbs. (Min.): 7,473
      • Resistance at 68 °F Ω Per 1000 Feet (Maximum): 0.0940

      B. 2kV 1000 MCM Feeder Cable

      1. Wire to be used for power distribution for the Greater Dayton RTA Trolley
      Bus System.


      2. See attached bid list with each reel to hold 1,000 ft. and material to be 
      shipped +10/-0% per reel. 

      3. Maximum reel dimensions are 41¾” (OD Width) x 59½” (Diameter) with a 
      center hole of 3” 

      • Conductor shall be Soft-annealed uncoated copper compressed
      or compacted Class B stranding. Stranded per ASTM B-496.
      • Insulation is to be made of ethylene propylene rubber (EPR). 
      Insulation is to be applied directly to the conductor and 
      meeting the requirements of UL 44 and ICEA S-95-658 for 
      Type II EPR insulation. Insulation and covering thickness shall 
      be in conformance with UL 44 for 2000-volt insulation.
      • Insulation shall be rated 90°C for dry or wet locations during 
      normal operation per NEC. Insulation shall be rated for 130°C 
      under emergency overload conditions and 250°C under short 
      circuit conditions.
      • Jacket to be made of chlorinated polyethylene (CPE) thermoset 
      compound.
      • Cable Marking shall be durable, clearly legible, and repeated at 
      a minimum distance of three feet. Information shall include 
      manufacturer, manufacturing date, cable type, size, sunresistant, voltage rating, and UL listing mark.
      • Ampacity is in accordance with Table 310.15 of NFPA70
      • UL Listed as types RHH/RHW 2
      • Sun Resistant for Outdoor applications

      4. Construction:

      • AWG or kcmil: 1000
      • Number of Strands: 61
      • Insulation Thickness Layer (Minimum): .090”
      • Approximate Jacket Layer (Minimum): .065”
      • Approximate OD: 1.38”
      • Net Weight (lbs. per 1000 ft.): 3423
      • Ampacity (at 90°C): 615

      5. Installation Requirements:

      • Cable shall be suitable for installations in conduit and aerial
      applications within the climate given in the cable specifications
      • It is understood that the minimum bend radius is dependent 
      upon the diameter and insulation thickness of the product 
      requested.

      C. 4/0 Uninsulated Cable

      1. Stranded Bare Copper Wire
      2. Distance: See attached bid list
      3. Wire to be used for pole grounding purposes
      4. Specifications:

      • Size (AWG): 4/0
      • Class: A or AA
      • Stranding: 19
      • Copper Content per 1000 ft. (lbs.): 653
      • Resistance at 68 °F (Ω/1000 ft.): 0.051 
      • Ampacity: 480
      • Specification: ATSM B-3 Soft Drawn/Annealed Wire, ATSM 
      B-787

      D. 4/0 Insulated Cable

      1. Stranded Covered Copper Overhead Conductor Wire PE and XLP
      2. Distance: See attached bid list
      3. Wire to be used as feeder taps for the GDRTA Trolley Bus System
      4. Specifications:

      • Size (AWG): 4/0
      • Strands: 7
      • Insulation Thickness (mils.): 60
      • Copper Content per 1000 ft. (lbs.): 653
      • Weight of Polyethylene per 1000 ft. (lbs.): 715
      • Weight of XLP per 1000 ft. (lbs.): 722
      • Resistance at 68 °F (Ω/1000 ft.): 0.0625 
      • Ampacity: 465
      • Specification: ATSM B-1 Hard Drawn Copper Wire
      • Insulation Information: 4/0, 7 Strand HMW-PE/XLP and ASTM B1

      E. Galvanized Steel Strand Wire

      1. Stranded Class A 1x7-3/8” Siemens Martin Grade Steel Strand Wire
      2. Distance: See attached bid list with 2,500 ft. maximum per reel. The reel must be smaller 
      than 27.5” in diameter, 22” width, and have a Center hole of 3”
      3. Wire to be used to hang infrastructure assemblies for the GDRTA Trolley Bus System
      4. Specifications:

      • Strand Diameter (in.): 0.360
      • Coated Diameter (in.): 0.120
      • Wires per Strand: 7
      • Approx. Strand Weight per 1000 ft. (lbs.): 273
      • Siemens-Martin Grade: 6950
      • Minimum Weight of Coating (Oz. per Sq. ft.): Class A 0.8

      7. Anticipated Minimum Order Quantities

      A. 2/0 Grooved Trolley Cable Trolley Wire: 5,280 ft.
      B. 2kV 1000 MCM Feeder Cable: 11,000 ft.
      C. 4/0 Uninsulated Cable: 1,000 ft.
      D. 4/0 Insulated Cable: 1,000 ft.
      E. Galvanized Strand Wire: 2,500 ft

    • No Federal Government Obligation to Third Parties

      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.

    • Bid Submission Instructions

      The Greater Dayton Regional Transit Authority, hereinafter called "RTA", requests bids for Trolley Infrastructure Wire, 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, April 7, 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 Thursday, March 19, 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

      1. Sealed bids shall be submitted through the appropriate project in the official Greater Dayton RTA OpenGov site prior to the advertised due date and time. At which time the bids will be publicly opened at 4 S Main St., Dayton, OH 45402 in the 8th floor conference room.  Any bid received after the time referred to will not be considered. Any bid received and opened may not be withdrawn by the bidder for sixty (60) days from the date on which the bids were opened.
      2. Because bids and offers can at times be ambiguous, the RTA reserves the right to request additional information before making an award.  The RTA also reserves the right to seek clarification from any bidder or offeror about any statement in its bid or proposal that the RTA finds ambiguous.
      3. 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 bids received and to award a contract(s) in the best interest of the RTA.
      4. In determining the successful bidder, consideration will be given to the price, the experience of the bidder, responsibility of the bidder including financial responsibility, responsiveness to these specifications, and the bidder's record as an equal opportunity employer. 
      5. All bids submitted are subject to instructions and general conditions, and any special conditions and specifications contained herein, all of which are made a part of this bid by reference and constitute the contract documents and shall become a part of any agreement and/or purchase order between the RTA and the successful bidder.

      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"

      1. Contractors shall furnish with their submission, as an integral part thereof, complete descriptions and specifications of the product they propose to furnish. When the descriptions and specifications of the product meet the description and specifications provided in the solicitation document, no additional submission is required.
      2. Where brand names or specific items or processes are used in the specifications, consider the term "or approved equal" to follow. However, a request for approval for any proposed substitution as an equal must be submitted in writing.
      3. For all items listed and which are described or defined by dimensions or another measure of physical characteristics or performance, it is understood that such information indicates the character of the required items and so strict interpretations with respect to nonessential details shall not be made as to limit competition among manufacturers of substantially equivalent items.
        1. Whenever this specification defines the material or article required by using a proprietary product or of a manufacturer or vendor, rather than by using descriptive detail of substance and function, the term "or equal" always is understood to follow immediately the name of the make, vendor or proprietary product.  An item of material shall be considered equal to the item so named in the specifications if: (1) it is at least equal in quality, durability, appearance, strength, and design; (2) it will perform at least equally the function imposed by the general design for the material or equipment being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in this specification.
        2. Whenever in this specification the names of one or more manufacturers are mentioned as indicating that their product will comply with a particular specification or where specific trade names are mentioned, it is not intended to exclude products of other manufacturers whose names or symbols have not been provided, only however, that such products conform to the detailed requirements for the item as indicated in the specifications.
      4. Bidders and Proposers shall be responsible for providing the RTA with information in the latest applicable revision of any part or process specifically called for in the specifications for consideration.
      5. Only standard parts of units that conform in material, design, and workmanship to the best procedure known in the industry shall be used.  No reconditioned or obsolete parts shall be used.  All parts shall be identical and interchangeable in its class. All manufactured articles, material, and equipment shall be applied, installed, connected, erected, used, cleaned, adjusted and conditioned as directed by the manufacturer unless herein specified to the contrary.

      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 Thursday, March 19, 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

      1. Protest: A protest is a written objection by a potentially interested party to a solicitation or award of a contract over the small purchase threshold. An interested party must be an actual or prospective bidder or proposer whose direct economic interest would be affected by the award or failure to award the applicable contract in accordance with FTA Circular 4220.1.
      2. Pre-Submission: A written objection is made during the solicitation phase and is received before the bid opening or proposal due date.
      3. Pre-Award: A written objection is made before an award and is received after the bid opening or proposal due date, but before award of the contract.
      4. Post-Award: A written objection made by an unsuccessful offeror and received after the Board approves award of the contract.

      SUBMITTAL PROCESS

      1. Before Protest
        The contractor should contact or make an appointment with the solicitation’s procurement representative to resolve any issues.
      2. Filing a Protest
        Protests may be filed during the following:
        1. Solicitation phase must be submitted no later than five (5) business days before the closing of said solicitation. If the protester fails to meet this deadline, protests based on those solicitation issues may not be allowed.
        2. Pre-award must be received no later than five (5) business days after the bid opening or proposal due date.
        3. Post-award must be received at least five (5) business days after the Board approves contract award.
      3. Protest Submittals
        Protest shall include, at a minimum:
        1. The name and address of the protesting party and its relationship to the procurement are sufficient to establish that an interested party is filing the protest.
        2. Identity of the contact person for the protester, including name, title, address, telephone, fax, and e-mail addresses. If the contact point is a third party representing the protester, the same information must be provided, plus a statement defining the relationship between the protester and the third party.
        3. The name and number of the solicitation or contract.
        4. A description of the nature of the protest, referencing the portion(s) of the solicitation involved.
        5. Identification of the provision(s) of any law, regulation, or other governance upon which the protest is based.
        6. A complete discussion of the basis for the protest, including all supporting facts, documents, or data.
        7. A statement of the specific relief requested.
        8. State if an informal conference is wanted to discuss the protest with RTA.
        9. Submit the protest in writing by certified mail or another delivery method by which receipt can be verified and address it to:
          Director of Procurement
          Greater Dayton Regional Transit Authority
          4 S. Main Street
          Dayton, OH 45402
      4. Protest Determination
        1. Director of Procurement or designee will review the protest submittal to determine if sustainable.
        2. If not sustainable, the protester will be notified in writing within ten (10) business days of receipt of the protest.
        3. If sustainable and an informal conference is requested, the protester will be notified in writing of the location and time within three (3) business days of such notice.
        4. A decision will be made in writing and sent to the protester within ten (10) business days after receipt of the protest. Such a decision is final.
      5. Request for Reconsideration
        1. The protester shall deliver the request to the Chief Executive Officer (CEO) with a copy to the Director of Procurement within five (5) business days of receipt of the initial decision. The request shall state the reason(s) why the decision should be reconsidered and any information to support such a position.
        2. The CEO shall review and decide on the request for reconsideration and issue a written decision to the protester within ten (10) business days of receipt of the request. Such a decision is final. 

      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.

    • Contract Terms (Requirements Contract)

      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 sixty (60) 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 sixty (60) 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.

    • Incorporation of FTA Terms

      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.

    • Program Fraud & False Statements or Related Acts

      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.

    • Access To Records, Reports, & Sites

      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.

    • Terms & Conditions

      The Greater Dayton RTA's General Terms and Conditions are attached to this solicitation in Attachments B.

    • Federal Changes

      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.

    • Civil Rights

      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

      1. Federal Requirements and Guidance. Contractor must prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with: (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; (b) Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients.” Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.
      2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading; and (d) transfers, demotions, layoffs, and terminations.
      3. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”
    • Free Speech & Religious Liberty

      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.

    • Disadvantaged Business Enterprises Requirements

      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:

      • Withholding monthly progress payments;
      • Assessing sanctions;
      • Liquidated damages; and/or
      • Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

      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).

    • Prompt Payment

      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.

    • Energy Conservation

      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.).

    • Safe Operations of Motor Vehicles

      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.

    • Contractor Policies To Ban Text Messaging While Driving

      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

    • Prohibited Telecommunications/Surveillance Services/Equipment.

      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.

    • Trafficking In Persons

      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.

    • Termination

      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.

    • American With Disabilities Act

      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.

    • Notification To FTA

      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.

      1. Types of Legal Matters Requiring Notification. 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 Affecting the Federal Government. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the Contract, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
      3. Additional Notice to U.S. DOT Inspector General. Contractor must promptly notify the RTA, which must then promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for Region 5 if Contractor has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Contract or another agreement between the RTA and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the RTA. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative RTA, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of Contractor. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision also applies to all divisions of the RTA, including divisions tasked with law enforcement or investigatory functions.
    • Debarment, Suspension, Ineligibility, & Voluntary Exclusion

      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.

    • Fly America

      [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.

    • Lobbying Restrictions

      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.

    • Severability

      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.

    • Federal Tax Liability And Recent Felony Convictions

      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.

    • Environmental Protections

      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.

      1. National Environmental Policy Act
        1. Contractor shall comply and facilitate compliance with federal laws, regulations, and requirements, including, but not limited to: (a) federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139; (b) the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 C.F.R. part 1500 – 1508; (c) joint FHWA and FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. part 771 and 49 C.F.R. part 622; (d) Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note; and (e) other federal environmental protection laws, regulations, and requirements applicable to Contractor.
        2. Contractor shall follow federal guidance to the extent that the guidance is consistent with applicable authorizing legislation, which may include: (a) joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,” January 14, 2013; (b) joint FHWA and FTA final guidance, “SAFETEA-LU Environmental Review Process (Pub. L. 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (c) other federal environmental guidance applicable to the Contractor.
      2. Environmental Justice. Contractor shall promote environmental justice by following: (1) Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order; (2) U.S. DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,” 62 Fed. Reg. 18377, April 15, 1997; and (3) the most recent edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
      3. Other Environmental Federal Laws. Contractor shall comply or facilitate compliance with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order Nos. 11988 and 13690 relating to “Floodplain Management.”
      4. Use of Certain Public Lands. Contractor shall comply with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section 4(f)), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 C.F.R. part 774, and referenced in 49 C.F.R. part 622.
      5. Historic Preservation. Contractor shall comply with: (1) U.S. DOT laws, including 49 U.S.C. § 303 (often referred to as “section 4(f)”), which requires certain findings be made before an Award may be undertaken if it involves the use of any land from a historic site that is on or eligible for inclusion on the National Register of Historic Places; (2) federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. § 306108; (3) the Archeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. § 312501 et seq.; (4) U.S. Advisory Council on Historic Preservation regulations, “Protection of Historic Properties,” 36 C.F.R. part 800; and (5) other federal requirements and federal guidance to avoid or mitigate adverse effects on historic properties.
      6. Indian Sacred Sites. Contractor shall facilitate compliance with federal efforts to promote the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, and facilitate compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and Executive Order No. 13007, “Indian Sacred Sites,” May 24, 1996, 42 U.S.C. § 3161 note.
    • Clean Air Act & Federal Water Pollution Control Act

      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).

    • Violation & Breach Of Contract

      Unless otherwise provided for the RTA, the following provision shall apply:

      1. Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of RTA. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to the authorized representative of RTA. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of RTA shall be binding upon Contractor, and Contractor shall abide by the decision.
      2. Performance During Disputes. Notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor shall continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Ohio Court of competent jurisdiction.
      3. Rights and Remedies. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the RTA or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed upon in writing.
    • Buy America

      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.

    • Recycled Products (Solid Wastes)

      [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.

    • Cargo Preference (Use Of U.S.-Flag Vessels)

      [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.

    • Required Clauses for Rolling Stock Procurements

      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

      1. Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
      2. Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
      3. Such records maintained under this paragraph shall be made available by Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and Contractor will permit such representatives to interview employees during working hours on the job.
      4. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
    • Required Clauses for Transit Operations & Management Procurements

      Public Transportation Employee Protective Arrangements

      Contractor shall comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):

      1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract.
      2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract.
      3. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required.
      4. Flow Down. Contractor shall include the substance of this clause in each subcontract that may involve operating public transit services. 

      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

      1. Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
      2. Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
      3. Such records maintained under this paragraph shall be made available by Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and Contractor will permit such representatives to interview employees during working hours on the job.
      4. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.

    Submission Requirements

    • Authorized Personnel (required)

      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.

    • FTA Clauses Confirmation (required)

      By confirming, contractor agrees and complies with the Federal Clauses the apply to this procurement.

    • Evidence of Licensing and Qualifications (required)

      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.

    • Professional References

      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.

    • Applicable NAICS Codes

      Please submit the NAICS codes that apply organization. This helps ensure we pre-invite you to future solicitations related to those codes.

    • W-9

      Please upload your firm's W-9.

    • Sam.gov Confirmation (required)

      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.

    • Affirmative Action Assurance (AAA) Certification (required)

      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.

    • Insurance Confirmation (required)

      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.

    • Warranty Confirmation (required)

      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.

    • Disadvantaged Business Enterprise (DBE) Requirements

      If there is a DBE requirement, all bidders must complete and submit with their bid one (1) or more of the DBE forms on the following Pages.

      NOTICE: Document links only work in browser

    • Non-Collusion Affidavit (required)

      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.

      NOTICE: Document links only work in browser

    • Personal Property Tax Affidavit (required)

      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.

      NOTICE: Document links only work in browser

    • Buy America Certification (required)

      Please download the below documents, complete, and upload.

      NOTICE: Document links only work in browser

    • Clean Air Policy Certification (required)

      For information on requirements, please see attached Terms and Conditions and Federal Clauses.

      Please download the below documents, complete, and upload.

      NOTICE: Document links only work in browser

    • Lobbying Restrictions Certification (required)

      Please download the below documents, complete, and upload.

      NOTICE: Document links only work in browser

    • Procurement Integrity Certification (required)

      Please download the below documents, complete, and upload.

      NOTICE: Document links only work in browser

    • Debarment and Suspension Certification (required)

      Please download the below documents, complete, and upload.

      NOTICE: Document links only work in browser

    • Tax Liability Certification (required)

      Please download the below documents, complete, and upload.

      NOTICE: Document links only work in browser

    • Additional Information (If Needed)

      For any additional information requested or required by any of your previously provided answers please upload that additional documentation here.

    • DBE Goal (required)

      What is the DBE Goal for this contract?

      Please specify the numeric percent (ex: 5, 10, 15).
      DO NOT USE THE % SIGN

    • Type of Procurement (required)

      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.

    • Type of Contract (required)

      What type of Contract pricing will be used for this contract?

    • Initial Contract Term (Excluding option years) (required)

      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

    • Duration of Contract (Includes option years if applicable) (required)

      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

    • Electronic Pricing Table (required)

      Do you wish to use the electronic pricing table within OpenGov for this procurement?

    • Is Buy America applicable? (required)

      Buy America applies to all procurements over $150,000 that are related to the purchase of manufactured goods.

    Key dates

    1. February 26, 2026Published
    2. April 7, 2026Responses Due

    AI classification tags

    Frequently asked questions

    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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