Procurement

Protest Procedures

Protests concerning GMT’s purchasing policies, the contract requirements, the specifications, the bidding procedures, or the contract award, or any other request for explanation or clarification must be submitted in writing and must include the following information:

• The name and address of the protester.
• The name and telephone number of the protester’s contact person having responsibility.
• A complete statement of the grounds of the protest with full documentation of the protester’s claim.

A. Pre-award Protests
Pre-award protests must be received by GMT no less than ten (10) working days before the scheduled bid opening. GMT will respond to the protest in writing and render its final decision at least five (5) working days prior to bid opening. GMT will report such protests to the FTA regional office.

B. Post-award Protest
Post-award protests must be received no later than five (5) working days after notification of the award bid. GMT will have ten (10) working days after receipt of the formal protest package to evaluate, and issue a response, except in cases where the original bid has been awarded by the Board. In such cases, the decision to protest will be handled at the next regularly scheduled Board meeting, following completion of the staff review of the protests. GMT will report such protests to the FTA regional office.

C. Appeals to FTA
It is the responsibility of GMT to settle contract issues and disputes. GMT is committed to using good sound administrative practices and business judgments, as well as professional ethics. Reviews of protests by FTA will be limited to alleged failure by GMT to have followed proper protests procedures, or its failure to review a complaint or protest. Protesters dissatisfied with GMT’s final decision may appeal to FTA regional or Headquarters Office within five (5) working days of the date the protester knew or should have known of the violation.

Disadvantaged Business Enterprise Program

Green Mountain Transit Authority (GMT) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26.

It is the policy of GMT to ensure that DBEs, as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted FTA contracts.  It is also our policy:

1. To ensure nondiscrimination in the award and administration of DOT assisted FTA contracts;

2. To create a level playing field on which DBEs can compete fairly for DOT assisted FTA contracts;
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. To ensure that only certified DBE firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;
5. To help remove barriers to the participation of DBEs and small businesses in DOT assisted FTA contracts; and
6. To refer firms that may be eligible for the DBE and/or small business program(s) to the State of Vermont Agency of Transportation for assistance so they have the resources to compete successfully in the market place outside the DBE Program.

GMT takes all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.  The affirmative steps utilized include but are not limited to:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprise;
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

DBE Certification is performed by the Vermont Agency of Transportation Office of Civil Rights.  VTrans utilizes the certification standards of Subpart D of 49 CFR Part 26 and the certification procedures of Subpart E of 49 CFR Part 26 to determine the eligibility of firms to participate as DBEs in DOT-assisted contracts.  To be certified as a DBE, a firm must meet all certification eligibility standards.  VTrans will make their certification decisions based on the facts as a whole. Additional information about VTrans’ DBE Certification can be found at https://vtrans.vermont.gov/civil-rights/doing-business/dbe-center.

GMT’s DBE Program and Three-Year DBE Goal can be obtained under the “Transportation Documents” section of the GMT website (https://ridegmt.com/transportation-documents/). Interested parties are encouraged to contact GMT’s DBE Officer, Tim Bradshaw, or GMT’s Director of Transit Infrastructure, Matt Kimball for additional information regarding GMT’s DBE Program.

DBE Program Bidders List Form

GMT invites DBE and Non-DBE firms to complete and return GMT’s Firm Information for DBE Program Bidders List form to be considered for future contracting opportunities. Completed forms should be sent to info@ridegmt.com, ATTN: DBE Officer. Please include a brief description of your business expertise and services to help us better understand your capabilities and match you with relevant projects.

FTA Minimum Required Contract Clauses (All Purchases > $10,000)

All purchases greater than $10,000 which utilize funding assistance from the Federal Transit Administration (FTA) are subject to the following required contract clauses, regardless of whether there is a signed contract agreement between Green Mountain Transit (GMT) and a third-party contractor. Below are the minimum required contract clauses for all purchases utilizing FTA funding which exceed $10,000.

A.  Energy Conservation

The Contractor agrees to 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 pursuant to 42 U.S.C. 6321 and 49 C.F.R. part 622.

B.  Federal Changes

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the current “Master Agreement” between GMT and FTA as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.

C.  Recycled Products

Applicable only to purchases containing goods designated in 40 CFR Part 247 Subpart B.

The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247.

D. No Government Obligation to Third Parties

GMT and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying 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 GMT, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

The Contractor agrees to include the above clause in each subcontract financed in whole or in part with assistance provided by GMT. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

E. Program Fraud and False or Fraudulent Statements or Related Acts

The 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 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the 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 underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the 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 the Contractor to the extent the Federal Government deems appropriate.

The 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. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses 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.

F. Civil Rights Requirements

The following requirements apply to the underlying contract:

(1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity – The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex – In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age – In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities – In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

G.  Incorporation of FTA Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated March 18, 2013, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any GMT requests which would cause GMT to be in violation of the FTA terms and conditions.

H.  Access to Records and Reports

The following access to records requirements apply to this Contract:

The Contractor agrees to provide GMT, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.15 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

The Contractor shall make available records related to the contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) to GMT, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three 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 Contractor agrees to maintain same until GMT, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

I. Default and Termination

1. General Termination Provisions-Transportation Services, Professional Services, Supplies, Other Services, Service, and Transit Services Contracts.      

a. Termination for Convenience

GMT may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in GMT’s best interest.  The Contractor shall be paid its fees or its costs, and profit on work performed up to the time of termination, but no unearned profit or fees on work not yet performed. The Contractor shall promptly submit its termination claim to GMT to be paid the Contractor. If the Contractor has any property in its possession belonging to GMT, the Contractor will account for the same, and dispose of it in the manner GMT directs.

b. 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, GMT may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract, offset by any damage incurred by virtue of Contractor’s default.

If it is later determined by GMT 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, GMT, 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.

c. Opportunity to Cure

GMT in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) 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 GMT elects to give the Contractor an opportunity to cure and Contractor fails to remedy to GMT’s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from GMT setting forth the nature of said breach or default, GMT 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 GMT from also pursuing all available remedies against Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach

In the event that GMT elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by GMT shall not limit GMT’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

J. Disadvantaged Business Enterprises

GMT has an active DBE program required and authorized by the State of Vermont. GMT attempts to hire contractors and subcontractors that represent the community that GMT serves.  A DBE is described as a small business concern owned and controlled by socially and economically disadvantaged individuals. Information regarding currently certified DBE firms can be found on the State of Vermont online DBE Directory: https://vtrans.vermont.gov/civil-rights/doing-business/dbe-center/directory

No Discrimination

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 CFR Part 26 in the award and administration of DOT assisted FTA contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in withholding progress payments, assessing sanctions, and/or disqualifying the contractor from future bidding as non-responsible.

Prompt Payment

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from GMT. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of GMT. This clause applies to both DBE and non-DBE subcontractors.

GMT requires prime contractors to provide evidence of compliance with prompt payment including detailed copies of invoices, subcontractor invoices, and payment vouchers.  Failure to comply with the prompt payment provisions may result in withholding monthly progress payments until the matter is resolved.  Whenever possible, GMT will provide the contractor with an opportunity to remedy the error or negotiate a fair remedial agreement.

Monitoring and Enforcement Mechanisms

Prime contractors shall be required to submit detailed invoices that include subcontractors invoices, including DBE subcontractors.  Prior to approval for payment, the project manager will review invoices for the extent to which performance has matched promises. 

During the project duration, the project will be monitored for DBE participation based on DBE commitment at award.  The project manager confirms DBE participation during construction, verifies DBE certified payroll reports, and invoices for work performed.

GMT will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in §26.109.  We also will consider similar action under our own legal authorities, including responsibility determinations in future contracts.

GMT will enforce Section 26.13(b) remedies as indicated in our Procurement Policy and Procedures Manual.

GMT will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract.  These records must be made available for inspection upon request by any authorized representative of GMT, the Vermont Agency of Transportation or USDOT.  This reporting requirement also extends to any certified DBE subcontractor.

DBE Financial Institutions

GMT encourages the Contractor to use the financial service institutions owned and controlled by socially and financially disadvantaged groups. 

Small Businesses

For the purposes of assisting small businesses, GMT encourages contractors to disclose their annual three year gross receipts.  Annual gross receipts can be provided through completion of GMT’s Firm Information for DBE Program Bidders List form, which can be found here: https://ridegmt.com/procurement. The form requests disclosure of the annual gross receipts for the most recent completed or audited fiscal year, but the additional two years is voluntary.  GMT also encourages small businesses to contact the DBE Officer for any assistance they may need in understanding the procurement process.

The Contractor will include the above statements in this section in all subcontracts over $10,000.

K. Telecommunications and Video Surveillance Services or Equipment Prohibition

Contractor shall at all times comply with the requirements of 2 CFR 200.216 regarding the prohibition on certain telecommunications and video surveillance services or equipment. Contractor shall not procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as described in Public Law 115-32, Section 889. Covered telecommunications equipment or services, as defined by Public Law 115-32, Section 889, includes the following:

1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, 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).
3. Telecommunications or video surveillance services provided by such entities or using such equipment.
4. 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.

L. Safe Operation of Motor Vehicles

1. Seat Belt Use – The 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-leased vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Agency.
2. Distracted Driving – The Contractor agrees to 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.

M. Trafficking in Persons

The contractor agrees that it and its employees that participate in the work performed under this Contract, may not:

(a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect;

(b) Procure a commercial sex act during the period of time that the award is in effect; or

(c) Use forced labor in the performance of the award or subagreements thereunder.

N. 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.

O. Federal Tax Liability and Recent Felony Convictions

• The Contractor certifies that it:

(a) 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

(b) 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.

FlowDown. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.