Southern New Hampshire Planning
Commission
Request for Proposals (RFP)
Region 8 Mobility Manager
Issue Date: March 11, 2022
Deadline: April 1, 2022, at 4:00 PM

Region 8 Mobility Manager Request for Proposals

Region 8 Mobility Manager Request for Proposals
Table of Contents
Section I – Project Overview & Background ...................................................................................................................... 3A.

Purpose of this Request for Proposals .................................................................................................................. 3

B.

Notice, Please Read ............................................................................................................................................... 3C.

Contract Period ..................................................................................................................................................... 3

D.

Abbreviations/Definitions ..................................................................................................................................... 3

E.

Project Location & Lead Agency Contact Information .......................................................................................... 4

F.

Project Funding...................................................................................................................................................... 4

G.

Background............................................................................................................................................................ 5H.

Referenced Documents Incorporated ................................................................................................................... 6

Section II – Qualifications & Scope of Work ...................................................................................................................... 8A.

Qualified Mobility Manager Core Competencies .................................................................................................. 8

B.

Scope of Work ....................................................................................................................................................... 8C.

Additional Roles/Tasks ........................................................................................................................................ 10

Section III – General Information Requirements for Respondents ................................................................................. 11A.

General Information ............................................................................................................................................ 11

B.

Requirements ...................................................................................................................................................... 11C.

RFP Questions, Clarifications & Amendments .................................................................................................... 11D.

Proposal Submission, Withdrawal & Opening .................................................................................................... 12

E.

Selection Process ................................................................................................................................................. 13

F.

Proposal Development ........................................................................................................................................ 14

G.

Proposal Award ................................................................................................................................................... 16

H.

Protest Procedures .............................................................................................................................................. 16

Appendix A - Map of NH Community Transportation Regions ....................................................................................... 19
Appendix B - Federal Clauses .......................................................................................................................................... 21
Appendix C - Acknowledgment of RFP Amendments ..................................................................................................... 30
Appendix D - Budget Form .............................................................................................................................................. 32
Appendix E – Required Federal Certifications ................................................................................................................. 34

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Region 8 Mobility Manager Request for Proposals

Section I – Project Overview & BackgroundA. Purpose of this Request for Proposals: Southern New Hampshire Planning Commission as Lead Agency for the
Region 8 Coordination Council for Community Transportation is requesting proposals for a Regional Mobility
Manager. The individual or organization chosen to fulfill this role will work closely with other regional and state
stakeholders to implement the New Hampshire Mobility Management Network which will improve thecoordination, capacity, accessibility, quality, and sustainability of mobility services statewide with specific focus on
Community Transportation in Region 8, which serves the following communities:
•
•
•
•
•
•
•
•
•
•

Town of Atkinson
Town of AuburnTown of Bedford
Town of Candia
Town of Chester
Town of Danville
Town of Deerfield
Town of Derry
Town of Goffstown
Town of Hampstead

•
•
•
•
•
•
•
•
•
•

Town of Hooksett
Town of Londonderry
City of Manchester
Town of New Boston
Town of Plaistow
Town of RaymondTown of Salem
Town of Sandown
Town of Weare
Town of Windham

B. Notice, Please Read: This is a comprehensive RFP that includes Federal pass-through requirements and a formal
structure that may be daunting to individuals or small organizations. Further, the referenced New Hampshire
Mobility Management Network: A Blueprint for Implementation outlines a sophisticated ideal for the network andqualifications/experience for its mobility managers. Project stakeholders understand that this network is just being
launched and will not reflect that ideal initially. Please note that the Mobility Manager core competencies outlined
in Section II are divided into Baseline and Advanced. The Baseline Competencies draw upon skills that are universal
to administrative, managerial and service delivery jobs. The Advanced Competencies reflect a Respondent’s
unique experience in or around the transportation or health and human services sectors. The Lead Agency, State
Coordinating Council (SCC) and Region 8 Coordination Council (RCC) are committed to attracting qualified,experienced applicants, but are also flexible with an intent to provide training and experience to qualified
Respondents who possess desirable attributes, but less experience. The Lead Agency will also help you tounderstand and work through the Federal pass-through requirements.
C. Contract Period: The Contract resulting from this RFP is anticipated to be executed on or before May 1, 2022, withan end date of June 30, 2023. The Lead Agency may extend contracted services for up to four (4) additional years,
contingent upon satisfactory Contractor performance, continued funding, and agreement of the parties.
D. Abbreviations/Definitions: The following shall apply to this Request for Proposal (RFP): Respondent: Means the individual or organization that submits a proposal under this RFP.
 Contractor: The successful individual or organization selected through this RFP procurement process forcontract award.
 SCC: State Coordinating Council for Community Transportation. More information may be found here: State
Coordinating Council for Community Transportation | NH Department of Transportation.
 RCC(s): Regional Coordination Council(s) More information found at the SCC link above.
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Region 8 Mobility Manager Request for Proposals

 Lead Agency: The agency appointed by a Regional Coordination Council to hold and administer contracts on its
behalf. The Lead Agency is also the direct supervisor of the regional Mobility Manager. For the purpose of this
RFP, the term “Lead Agency” means the Lead Agency first named in Section I of this RFP.
 NHDOT: New Hampshire Department of Transportation.
 New Hampshire Statewide Mobility Management Network: A Blueprint for Implementation: Adopted by the
SCC, the Blueprint is a historical record of the SCC planning process and focuses on expanding andimplementing mobility management goals first identified in the 2016 State Coordination Plan. It represents an
ideal for the emerging network that acknowledges current limitations but does not constrain the vision or
potential for the network. A full copy of the Blueprint can be found here: New Hampshire Mobility Manager
Network (nh.gov).
 Statewide Mobility Manager: Contracted by NHDOT to oversee statewide implementation of Mobility
Management Network and related activities.
 Regional Mobility Manager(s): Hired by a region through a Lead Agency to implement the statewide Mobility
Management Network within a region and advance regional mobility management goals/projects.
 SCC Rural Transportation Equity Project Manager: Transport New Hampshire holds this position on behalf of
the SCC. Its purpose is to provide technical assistance to the Regions and mobility managers, guide
implementation of the Statewide Mobility Management Network, and implement statewide projects related tomobility management and capacity building.
E. Project Location & Lead Agency Contact Information
Region #8Classification of the Region (Rural/Urban)

Regional Coordination Council Name

Urban

Southern New Hampshire Regional Coordination Council

See Appendix A for a Map of the Community Transportation Regions in New Hampshire.
Lead
AgencySouthern New Hampshire Planning Commission (SNHPC)

Physical
Address

438 Dubuque Street
Manchester, NH 03102

RCC
https://www.snhpc.org/transportation/multimodal/pages/humanWebsite services-transportation-region-8-9-rcc

Mailing
Address

Same as Physical Address

Agencywww.snhpc.org
WebsiteContact

Nathan Miller, AICP

Title

Deputy Executive Director

Phone(603) 669-4664

Emailnmiller@snhpc.org

F. Project Funding:
1. Source: Funding for the work defined in this RFP is funded 100% by Federal Funds from the following source:
a. A New Hampshire Department of Transportation initiative using Federal Transit Administration Enhanced
Mobility of Seniors & Individuals with Disabilities - Section 5310 (49 U.S.C. 5310) formula funding to states.
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Region 8 Mobility Manager Request for Proposals

Section 5310 funds aim to improve mobility for seniors and individuals with disabilities by removing
barriers to transportation service and expanding transportation mobility options.
2. Funding Timeline: Funds have been allocated for the total project over two fiscal years: July 1, 2021 – June30, 2022, and July 1, 2022 – June 30, 2023. Per Section I.C above, the Lead Agency reserves the right to extend
the contract period for up to four years.
3. Maximum Funding: Funding for the work defined in this RFP is capped at a maximum $120,000 per funding
year. This amount must cover a full-time equivalent Mobility Manager including salary, indirect costs and anyother eligible direct expenses incidental to the work. Note that the contract cost is based on fulltime equivalent
work and not a fixed set of deliverables.
4. Use of Funding: Funding for the work defined in this RFP must be used solely to procure a minimum of fulltime equivalent mobility management services whether by a single Mobility Manager or a designated Mobility
Manager with support staff. Approved expenditures for the MM position have been outlined in Section III.D
of the NH Statewide Mobility Manager Network: A Blueprint for Implementation.
G. Background
1. Overview: The New Hampshire State Coordinating Council for Community Transportation (SCC), its members
and affiliates, share the vision of an integrated system of safe, reliable, and sustainable transportation options
that allow residents to maintain independence and participate in work and community life no matter their age
or ability. NH is beginning implementation of a statewide mobility management network in what is the mostambitious project of these coordinated entities in a generation. This project will leverage existing funding
sources, improve the efficiency of existing services, and integrate new opportunities in a novel way that not
only demonstrates the power of coordination between stakeholders and government agencies, but also
highlights New Hampshire’s leadership in this new paradigm of transportation systems that improve quality oflife outcomes for all people.
Mobility management is a transportation strategy that prioritizes customer needs, and the meeting of theseneeds through the coordinated use of a variety of providers, and by extension a variety of funding streams.
The NH Mobility Management Network will achieve its goals through a strategy of braided funding that ties
together several agencies, contracts, and streams in order to increase consumer engagement and deliver highquality outcomes for residents while maximizing efficiency for transportation providers and funding agencies.
This project is a collaborative partnership that unites on-the-ground, regional mobility managers with the SCC,
the Regional Coordination Councils, the NH Department of Transportation, the NH Department of Health andHuman Services and other federal, state, and local agencies and commissions. All of these groups andstakeholders bring unique strengths, assets, needs, and insights that will be leveraged by this network todevelop better transportation outcomes for consumers, while highlighting partnerships between state andfederal funding sources targeted to improve mobility of our older adults and people with disabilities.
2. Mission: The mission of the New Hampshire Mobility Management Network is to improve the coordination,
capacity, accessibility, quality, and sustainability of mobility services statewide.
3. Guiding Principles: The SCC established the following guiding principles for hiring regional mobility managers.
Respondents should use these principles when determining their approach to the work and overall proposal
development (see Section III.F below).
a. Mobility management differs from design projects because the focus is on building relationships. This is
more effective when the Mobility Manager has “boots on the ground.” For this reason, the Mobility
Manager must be able to attend in-person meetings in New Hampshire on a monthly basis. The regional
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Mobility Manager will report directly to the Lead Agency and be advised by the Regional Coordination
Council.
b. Mobility Manager staffing should be guided by what is best for the consumers, network, and region.
c. A single person should hold the title of Mobility Manager. This does not preclude additional staff assisting
the Mobility Manager with ancillary tasks, but there must be a single “point person” designated as the
Mobility Manager.
d. Staffing plans for the Mobility Manager and related projects must prevent fragmentation of the work or aweakening in the effectiveness of the Mobility Manager position.
4. Network Organizational Chart

H. Referenced Documents Incorporated: The following documents are hereby incorporated into this RFP and should
be used to deepen the respondent’s understanding of mobility management services and the development andimplementation of the NH Mobility Management Network. Any discrepancies between the following documents
shall be resolved in favor of the information in this RFP followed by the New Hampshire Statewide Mobility
Management Network: A Blueprint for Implementation. These documents will be posted in PDF format with the
RFP documents on the Lead Agency’s website.
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Region 8 Mobility Manager Request for Proposals

1. New Hampshire Statewide Mobility Management Network: A Blueprint for Implementation, adopted by the SCC
in October 2021 and periodically updated by SCC.
2. NH Statewide Coordination of Community Transportation Services Plan (2016).
3. Successful Mobility Management Practices for Improving Transportation Services in Small Urban & Rural Areas,
published by the National Cooperative Highway Research Program.
4. Competencies for the Practice of Mobility Management, published by the National Center for Mobility
Management.

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Region 8 Mobility Manager Request for Proposals

Section II – Qualifications & Scope of Work
A. Qualified Mobility Manager Core Competencies

1. Baseline Competencies: Minimum qualifications for all regional Mobility Manager candidates:a. Interpersonal Skills: Strong verbal and written communication skills, ability to listen effectively, leadershipexperience, ability to work in teams, empathy, conflict management skills, and consensus-building skills.
b. Organization Administration & Finance Skills: Project management, budgeting, strategic planning,funding/grant research, writing and reporting, data collection and basic analysis, outreach and marketingskills.
c. Personal Skills/Attributes: Positive attitude, a desire to help people, a focus on customer service, ability to
problem solve, ability to work independently and collaboratively, time management skills, creative, outof-the-box thinking, ability to adapt to ever-changing environments, ability to process complex informationand explain it in a simplified format.
d. Basic understanding of the role transportation plays in accessing employment opportunities, medical
services, affordable housing, social destinations, etc. and the unique challenges faced by persons withdisabilities, older adults, veterans, transitioning youth, low-income individuals, and other vulnerable
populations that may rely on transportation services.
e. Proficient computer skills including Microsoft Office and basic familiarity with social media platforms andwebsites.
2. Advanced Competencies: These are advanced competencies that are beneficial for a Mobility Manager
candidate to have:a. Transportation System Knowledge: Familiarity with different transportation modes and how theyinteract, familiarity with how transportation services operate.
b. Familiarity with how transportation planning is done at federal, state, and/or regional levels.
c. Experience conducting trainings for individuals or agencies.
d. Basic understanding of policies and regulations that impact community transportation services including
Americans with Disabilities Act (ADA) Medicaid, Medicare, and the Affordable Care Act (ACA).
e. Human service transportation coordination experience or familiarity, including brokerage concepts andoperations.
f.

Experience or knowledge of one call-one click center operations.

g. Familiarity with technology integration including various trip planning methods, assistive technology andtrip planning and wayfinding mobile applications.
B. Scope of Work: The following table outlines the expected roles/tasks for the regional Mobility Manager. The roles
have been organized by categories to assist in understanding how the work fits into the whole network. Theseroles/tasks are universal across all regional mobility managers, except for ones identified as region specific. The
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source column helps you to understand the origin of these tasks. Source Documents: (Blueprint) from New
Hampshire Statewide Mobility Management Network: A Blueprint for Implementation; and (Plan) NH Statewide
Coordination of Community Transportation Services Plan (2016).
Roles for Regional Mobility Managers

SourceParticipate in project orientation and kickoff meeting with Southern NH Planning Commission (Lead
Agency) staff.

N/A

Onboarding & Orientation

1

2

Familiarize self with transportation services and unmet needs as well as providers and funders oftransportation and other human services in the region. This should include, at minimum: 1) meeting
individually with organizations that provide and/or purchase transportation services in the region;and 2) reading key documents such as the Coordinated Public Transit/Human Services
Transportation Plan for the region, the State Plan on Aging, regional Long Range Transportation
Plans developed by the regional planning commission(s) in the RCC area, and community needs
assessments for hospitals and/or United Ways serving the region.

Blueprint

Regional Service Delivery (Customers)

1

2

3

4

Assist the RCC and local providers to develop and implement a customer centered approach totransportation access and coordination in the region for older adults, low-income, disabled,veteran and other vulnerable populations.

Plan
RevisedDevelop relationships with transit-dependent and vulnerable populations in the region to address
issues of access, diversity, equity, and inclusion (DEI) and ensure their voices are heard.

Blueprint

Create and update annually an inventory of available transportation services in the region to be
used in marketing these services to the public and other non-transportation service providers (e.g.
TANF Counselors, medical facilities, etc).

Plan
RevisedConduct outreach activities in the region to educate and train groups and individuals how to accessand use available transportation services.

Plan
RevisedRegional Coordination (Providers)1

Develop new opportunities for coordination and/or expansion of transportation options acrossmunicipal and regional boundaries.

2

Cultivate multi-agency partnerships which may reduce costs through increased efficiency andeffective transportation coordination.

Plan
Revised
Plan
RevisedCapacity Building (System)

1
2

Assist the RCC with developing its organizational infrastructure and capacity to effectively fulfill its
mission. Efforts will include strategic planning, fundraising, communication, and member
recruitment and retention.

Plan
RevisedConduct periodic assessments to identify barriers to mobility in the region and propose
recommendations to reduce those barriers.

Blueprint

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Region 8 Mobility Manager Request for Proposals

3

4

5

Build relationships with state, regional, and local elected officials, and community leaders to
educate them about the needs, roles and benefits of regional/local transportation services andcoordination. These stakeholder relationships may develop into support financially (funding) andoperationally (policy) for local and regional transportation services and coordination efforts.
Identify and research corporate, foundation, and governmental sources of funding for matchingfunds. Include opportunities to use “braided” funding streams.
Evaluate regional systems and identify opportunities to deploy technology that more efficiently
delivers mobility services. Consideration should be given to access and ease of use for customers,
ability to integrate with other regional/state systems and modes of transportation allowing acustomer to effectively plan trips from start to finish.

Plan
Revised
Plan
Revised
Plan
RevisedStatewide Planning, Coordination & Capacity Building (Connecting the Regions)123

Coordinate with and participate in meetings of the SCC, RCC and statewide mobility management
network, which includes the statewide Mobility Manager and other regional mobility managers.
Participate in state, regional, and local transportation planning activities including required humanservices coordinated plans, SCC strategic plan, the RCC strategic plan or workplan, RPC planningand other related plans and initiatives.
Assist NHDOT, SCC and statewide Mobility Manager to implement strategic initiatives identified
in the SCC Strategic Plan and other statewide planning documents. Examples may include
development of a statewide system for data collection and development of a system for tracking
medical appointments missed due to lack of transportation in provider’s electronic medical
records systems.

Plan
RevisedBlueprint

Plan
RevisedRegion Specific Roles/Tasks
1

Coordinate with regional stakeholders to develop an assessment of regional transportation needs,
particularly for elderly and disabled transportation.

Region2

Build upon existing regional efforts led by the Southern NH Planning Commission to develop andenhance age-friendly communities.

RegionC. Additional Roles/Tasks: It is expected that the Mobility Manager position, roles, and tasks will evolve over time as
the network matures. As previously noted in Section I.F.3, the contract cost is based on full-time equivalent workand not a fixed set of deliverables. The successful Respondent is expected to work within the structure of a fulltime equivalent position without expectation of cost over-runs or contract amendments.

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Section III – General Information Requirements for Respondents
A. General Information
1. Headings and Tables of Contents - All headings, indices, titles, and tables of contents are for convenience only.
They do not control interpretation and do not relieve the parties of the obligation to read the RFP in its entirety.
B. Requirements
1. Waiver of Cost: By submitting a proposal in response to this RFP, the Respondent agrees that in no event shalla Lead Agency be either responsible for or held liable for any costs incurred by a Respondent in the preparationor submittal of or otherwise in connection with a proposal, or for work performed prior to the effective dateof a resulting contract.
2. Applicable Laws, Regulations, & Policies:
a. Governing Law: This RFP, project, contract award and any claims or disputes relating thereto, will begoverned by and construed in accordance with the laws of the State of New Hampshire.
b. Compliance by Contractor with Laws & Regulations: In connection with the performance of the work
outlined in this RFP, the Contractor shall comply with all applicable statutes, laws, regulations, and ordersof federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor,
including, but not limited to, civil rights and equal employment opportunity laws. In addition, this Contract
is funded by monies of the United States, the Contractor shall comply with all federal executive orders,rules, regulations, and statutes, and with any rules, regulations and guidelines as the State of New
Hampshire or the United States issue to implement these regulations. The Contractor shall also comply withall applicable intellectual property laws. Failure by the Contractor to carry out these requirements is amaterial breach of contract, which may result in the termination of the Contract or such other remedy, as
the Lead Agency deems appropriate. A list of applicable Federal Requirements and Certifications can befound in Appendix B Federal Clauses and Appendix E Federal Certifications.
c. No Assignment: Assignment by the successful Contractor to any third party shall be absolutely prohibited
and will not be recognized by Lead Agency and Regional Coordination Council unless approved in advanceby the Lead Agency in writing.
d. Force Majeure: Lead Agency, RCC and Contractor will not be liable to the other for any failure or delay inrendering performance arising out of causes beyond its control and without its fault or negligence. Suchcauses may include, but not be limited to, acts of God or the public enemy, freight embargoes, and unusually
severe weather, but the failure or delay must be beyond its control and without its fault or negligence.
Dates or times of performance may be extended to the extent of delays excused by this section, provided
that the party whose performance is affected notifies the other promptly of the existence and nature ofsuch delay.
C. RFP Questions, Clarifications & Amendments:
1. Respondent’s Duty to Notify: If ambiguities are discovered in this RFP, Respondents shall not take advantage
of any ambiguity, error, omission, conflict, or discrepancy relating to this RFP. If a Respondent discovers any
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such ambiguity, etc., it must notify the Lead Agency contact in writing prior to submission of a proposal. Failure
to provide such notice constitutes a waiver of any claim by the Respondent.
2. Questions From Respondents: All questions or requests for information must be directed to the Lead Agency
Contact identified in Section I of this RFP. General inquiries regarding proposal submission and contracting
procedures must be submitted in writing. All technical questions must be submitted in writing and received nolater than ten (10) days before the deadline for proposal submission. Responses to technical questions will bemade in writing and posted on the Lead Agency’s website identified in Section I of this RFP no later than seven(7) days before the deadline for proposal submission so that all prospective Respondents have access.
3. RFP Amendments or Clarifications: The Lead Agency reserves the right to amend this RFP, as it deems
appropriate prior to the Proposal Submission Deadline on its own initiative or in response to issues raised
through Respondent questions. The Lead Agency will interpret or modify the RFP only by written Amendment.
The Lead Agency is not bound by any other oral or written representations, including information exchanged
verbally. The Lead Agency will issue written amendments in response to questions from Respondents when
the answers: (A) relate to ambiguous, incorrect, or missing information in the RFP; and (B) could have asignificant impact on the cost, quality, conformity, or timeliness of the work. Amendments will be posted on
the Lead Agency’s website identified in Section I of this RFP so that all prospective Respondents have access.
The Respondent is responsible for obtaining all posted RFP Amendments or clarifications from the Lead Agency
website. In the event of an amendment to the RFP, the Lead Agency, at its sole discretion, may extend the
Proposal Submission Deadline.
D. Proposal Submission, Withdrawal & Opening:
1. Deadline: All proposals must be received electronically by 4:00 PM on April 1, 2022 or by the date indicatedin any Amendment issued by the Lead Agency.
2. Proposal Submission: All proposals must be submitted electronically to the Lead Agency. Proposals should be
addressed and sent to the Lead Agency contact using the email address provided in Section I of this RFP. All
submittals must be in PDF (Portable Document Format) and sent as an attachment rather than embedded in
the body of an email. Maximum file size per email submission is 10 MB; larger files should be separated into
smaller files and submitted via multiple emails to avoid rejection by servers because a file exceeds maximum
size allowed.
3. Withdrawal of Proposal: A Respondent may withdraw a proposal after delivery, provided the request for suchwithdrawal is made in writing or in person before the submission deadline. The Respondent may revise andresubmit a proposal so withdrawn before the deadline for submission.
4. Proposal Opening and Evaluation Schedule: The Lead Agency will open and review submitted proposals
internally. Within two weeks of the Proposal Submission Deadline the Lead Agency may, at its sole discretion,schedule interviews with the top ranked Respondent or Respondents. The Lead Agency retains its right toconduct interviews, but is not obligated to do so, nor is it obligated to conduct interviews with all Respondents.
Within four weeks of the proposal submission deadline, the Lead Agency will issue a Notice of Intent to Award,
a draft contract, and schedule a meeting with the apparent successful qualified Respondent to conduct final
negotiations and complete the contracting process.
5. Confidentiality: Respondents must specifically identify any portions of their submittals deemed to containconfidential or proprietary information, or trade secrets. Those portions must be readily separable from thebalance of the proposal. Such designations will not necessarily be conclusive, and Respondent may be required
to justify why the Lead Agency should not, upon written request, disclose such materials.
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E. Selection Process
1. Basis of Award: Best Value - The Lead Agency will select a proposal based upon the criteria and standards
contained in this RFP and by applying the evaluation criteria and scoring set forth in Section III.E.4 below.
2. Favorable Terms Advised: Respondents are advised that a Notice of Intent to Award may be made without
discussion or any contact with the apparent successful Respondent except for clarification. Therefore,
proposals should be based on the most favorable terms the Respondent is able to submit.
3. Priority Consideration: Respondents are advised that a higher value will be placed on the qualifications of thedesignated Mobility Manager over any support or supervisory personnel.
4. Proposal Evaluation Criteria & Scoring: The following matrix will be used to score each proposal. Criteria isweighted by percentage. Proposals will be ranked on a scale of 1 (low) to 10 (high) under each criterion andthen multiplied by the percentage to produce a score. The weighted scores will be totaled for each proposal
and ranked accordingly. The higher the score, the higher the ranking.
Weight%#Criteria

1

Proposal Quality &CompletenessRespondent included all information, forms, and certifications requested in this RFP.
The submittal is clear, concise and free of errors.

10%

Experience

Respondent demonstrates successful completion of projects of similar size, nature, andscope. Experience within transportation and/or human services sectors. Familiarity
with transportation coordination initiatives in New Hampshire and the NH Mobility
Management Network.

20%

Qualifications

Key personnel have the education, training, tools, and experience to successfully
undertake a project of this nature, and scope as detailed in the narrative describing the
Mobility Manager’s baseline and advanced competencies and resumes for any
identified support personnel. Emphasis is on the qualifications of the designatedMobility Manager over those of any support or supervisory personnel identified.

20%

4

Project Narrative

Respondent demonstrates a basic understanding of the Region in which the project will
operate. The approach to the work is clear and reflects a solid understanding of the
project, and how tasks are prioritized and interrelated. The narrative should also
describe any innovative or value-added recommendations that the Respondent built
into the proposal. The narrative presents a clear logistical plan to undertake the work
including a staffing plan, office location, equipment, and other resources necessary toundertake the work independently. If additional staff beyond the Mobility Manager
are proposed, there should be a clear delineation of roles and responsibilities.

20%

5

Cost Proposal

Respondent’s cost proposal is reasonable and balanced, adequately funds thedesignated full-time equivalent Mobility Manager and meets any applicable federal andstate cost parameters.

25%

6References

Respondent provides professional references that confirm Respondent’s qualifications
and experience, that key personnel are competent and professional, and that similar
work has been completed on time and within budget.

5%

Total

100%

2

3

Evaluation Considerations

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F.

Region 8 Mobility Manager Request for Proposals

Proposal Development

1. Proposal Format & Completeness: All Proposals must be submitted per the guidelines detailed in Section
III.D.2 of this RFP. Proposals must provide all requested information organized in the order and format specified
by this RFP. The Respondent’s degree of compliance with these requirements, and the quality andcompleteness of the proposal is a factor in the evaluation of the proposal.
2. Ownership: All material submitted by Respondents becomes the irrevocable and sole property of the Lead
Agency unless otherwise specified in this RFP. Respondents who choose to submit confidential information doso at their own risk. The Lead Agency is under no obligation to return any Proposals or material submitted bya Respondent in response to this RFP.
3. Proposal Narrative & Submittals: Proposals must include the following information in narrative form and/or
on any provided forms. Information must be organized in the order listed below.
a. Letter of Transmittal: The letter must include company or individual name, contact information including
phone, e-mail and website if applicable, and a brief introductory statement to the proposal. It must also
include the following certifications signed by a person who is authorized to bind the individual/company:
1. The individual signing this letter is authorized to bind the individual/company to all statements,
including services and prices contained in the proposal; and2. Respondent is available to start work no later than 30 days from Notification of Award; and3. Acknowledge that the Proposer has read this RFP, understands it, and agrees to be bound by its
requirements; and4. Within the last 10 years, the Respondent (or any predecessor entities or related entities) or any
officers, owners or key personnel of the same have not been indicted on, convicted of, or plead orconsented to a violation of a bid crime including bid collusion or any other crime involving fraud or
knowing misrepresentation.
b. Respondent Work Experience: This section should demonstrate Respondent’s successful completion ofprojects of similar size, nature, and scope. Include experience within transportation and/or human services
sectors and with any federally funded projects. Please respond specifically to the following items and put
any additional supporting information you wish to submit in an appendix at the end of the Proposal.
1. Respondent’s overall experience with projects of similar nature, scope, and budget. Respondentshould include specific examples of projects of similar scope and should highlight projects that involve
transportation and/or health and human services.
2. Respondent’s experience working on Federally funded projects. Respondent should highlight projects
that involve transportation and/or health and human services.
3. Respondent’s ability to complete work on time with a high level of quality control. This should include
the Respondent’s ability to respond to state, federal and local requirements to meet projectschedules/timelines with a high level of quality control including Respondent’s approach to effective
project management.
c. Respondent Qualifications: This section should highlight the education, training, and experience of key
personnel that will allow successful undertaking of a project of this nature, and scope. Baseline andPage 14 of 36

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Advanced Competencies as outlined in Section II.A of this RFP should be identified for key personnel alongwith resumes. Emphasis is on the qualifications of the designated Mobility Manager over those of any
support personnel identified. Please respond specifically to the following items and put any additional
supporting information you wish to submit in an appendix at the end of the Proposal.
1. Personnel: Identify the person who will be the designated Mobility Manager and any support orsupervisory staff who would be paid in whole or part from project funds.
2. Key Personnel Resumes: Provide resumes for all personnel who will oversee or participate in specificproject work.
3. Mobility Manager Competencies: In narrative form, identify and describe the Baseline and Advanced
Competencies (see Section II.A) that the designated Mobility Manager named in your proposal
possesses.
4. Specialization: Use this to highlight any specialized certifications, trainings, or licenses relevant to thisproject that the Mobility Manager and other key personnel possess.
d. Project Approach: This section should demonstrate your basic understanding of the Region in which the
project will operate and display a clear understanding and approach to the Scope of Work, including overall
understanding of the project, understanding of how tasks are prioritized and interrelated, andidentification of any innovative or value-added services that you will bring to the project. It should also
identify a clear logistical plan to undertake the work including geographic location, equipment, and otherresources necessary to undertake the work independently. Please respond specifically to the following
items and put any additional supporting information you wish to submit in an appendix at the end of the
Proposal.
1. Basic Understanding of the Project: Based on your understanding of this RFP and the incorporated
documents identified in Section I.H of this RFP, briefly describe your understanding of mobility
management in general and this specific project. Highlight any outcomes that you feel are particularly
important to the purpose and goals of this project.
2. Methodology: Based on your understanding of the roles/tasks identified in Section II.B of this RFP,
briefly describe how you would approach the project. A formal workplan is not necessary, but thisdescription should provide a sense of how you envision the sequencing of tasks, the integration ofstaff, and how you would engage diverse stakeholders in the work.
3. Staffing & Logistics: If you have identified key personnel other than the Mobility Manager, pleasedefine the roles each will have and how it will support the work of the Mobility Manager. Describe
your logistical plan to undertake the work including geographic location of personnel, equipment, andother resources necessary to undertake the work effectively and independently.
4. Use of Specialized Technology & Services: Briefly highlight any specialized technology or services thatyou may plan to use to innovate or increase project capacity and efficiency. Note that this is different
from the personnel qualifications identified above and a response here is optional.
e. Cost Proposal: This is a Cost-Plus Fixed Fee Contract. Using Appendix D Budget Form, please list all budget
items that would be paid for using project funds. Additionally, please note that the proposed Indirect Cost
Rate shall be based on a rate approved by a federal cognizant agency, or a negotiated rate, or a de minimis
rate of 10% in accordance with 2 CFR 200 if there is no federally approved indirect rate. Respondents are
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Region 8 Mobility Manager Request for Proposals

advised to review Section III.D. – Incidental Expenses from the NH Statewide Mobility Management
Network: A Blueprint for Implementation for a list of allowable direct expenses under this Project.
f.

Professional References: Please provide three (3) professional references including their organization,
title, and contact information.

g. Forms & Certifications: The following forms and certifications required under this RFP must be completed
and submitted with the proposal:
1. Appendix C - Signed Acknowledgment of any RFP Amendments Issued
2. Appendix D - Budget Form
3. Appendix E - Federal Certifications: Lobbying Certification; and Government-Wide Debarment &Suspension (Non-procurement)
G. Proposal Award
1. Award or Rejection of Proposal: The Lead Agency must receive the proposal by the Proposal Submission
Deadline and in the manner specified or it may be rejected as non-compliant, unless waived by the Lead Agency
as a non-material deviation. The Lead Agency will conduct an initial screening to verify Respondent compliancewith the submission requirements of this RFP. The Lead Agency may waive or offer a limited opportunity for a
Respondent to cure immaterial deviations from the RFP requirements if it is deemed to be in the best interestof the Lead Agency. The Lead Agency also reserves the right to reject a proposal from a Respondent who has
previously failed to perform properly, provide all required submittals or complete work on time pursuant tocontracts of a similar nature, or from a Respondent who is not in a position to perform the Contract. To ensure
fair competition and to permit a determination of the qualified Respondent, the Lead Agency at its discretion
may reject Proposals that are demonstrably unbalanced.
2. Negotiations: The Lead Agency retains the right to negotiate the terms for the Contract with the top ranked
Respondent or Respondents. If a satisfactory agreement cannot be reached, negotiations with that
Respondent will be suspended and negotiations opened with the next ranked Respondent. The process may
continue until an agreement is reached and the Contract is executed.
3. Award Conditions: The apparent successful qualified Respondent must provide and/or perform any preexecution items listed in this RFP and/or those requested by the Lead Agency within five (5) business days ofreceipt of the Notice of Intent to Award.
4. Forfeiture of Award: The Lead Agency reserves the right to stop the award of any Contract at any time before
the execution without liability if doing so is in the best interest of the Lead Agency and Region.
H. Protest Procedures: The Lead Agency is responsible for resolving all contractual and administrative issues,
including protests of evaluations and contract awards, arising out of its third-party procurements using goodadministrative practices and sound business judgment. The procedure for addressing third party procurement
protests is described in below.
1. Solicitation Provisiona. Pre-Proposal Protests
1. All protests concerning solicitation specifications, criteria and/or procedures shall be submitted inwriting (defined as being sent or received via letter or facsimile on official firm/agency letterhead orPage 16 of 36

Region 8 Mobility Manager Request for Proposals

by electronic mail) to Lead Agency not later than ten (10) business days prior to the deadline forsubmission of proposals.
2. The Lead Agency may, within its discretion, postpone the deadline for submission of proposals, but inany case, shall provide a written response to all protests not later than five (5) business days prior to
the deadline for submission for proposals. If the deadline for submission of proposals is postponed by
the Lead Agency as the result of a protest, the postponement will be announced through an
Amendment to the solicitation.
3. The decision by Lead Agency will be the final agency decision on the matter.
b. Pre-Award Protests
1. With respect to protests made after the deadline for submission of proposals but before contract
award by Lead Agency, protests shall be limited to those protests alleging a violation of Federal orState law, a challenge to the proposal evaluation and award process, Lead Agency’s failure to have or
follow its protest procedures or its failure to review a complaint or protest. Such protests shall be
submitted in writing (defined as being sent or received via letter or facsimile on official firm/agency
letterhead or by electronic mail) to the Lead Agency not later than five (5) business days after the
Recommendation for Contract Award announcement by the Lead Agency.
2. The Lead Agency may, within its discretion, postpone the award of the contract, but in any case, shallprovide a written response to all protests not later than three (3) business days prior to the date that
Lead Agency shall announce the contract award.
2. Requirements for Protests
a. All protests must be submitted to the Lead Agency in writing (defined as being sent or received via letteror facsimile on official firm/agency letterhead or by electronic mail), with sufficient documentation,evidence, and legal authority to demonstrate that the Protestor is entitled to the relief requested. The
protest must be certified as being true and correct to the best knowledge and information of the Protestor
and be signed by the Protestor. The protest must also include a mailing address to which a response should
be sent.
b. Protests received after the deadline for receipt of protests specified above are subject to denial without
any requirement for review or action by the Lead Agency.
c. All protests must be directed in writing (defined as being sent or received via letter or facsimile on official
firm/agency letterhead or by electronic mail) to the Lead Agency at the address shown in the solicitation
documents.
3. Protest Response
a. The Lead Agency will issue written responses to all protests received by the required protest response
dates. All protest responses shall be transmitted by first-class U.S. Postal Service to the address indicatedin the protest letter.
b. For convenience, the Lead Agency will also send a copy of the response to a protest to the Protester byfacsimile and/or electronic mail if a facsimile number and/or electronic mail address are indicated in theprotest letter. The protest response transmitted by the U.S. Postal Service shall be the official Lead Agency
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Region 8 Mobility Manager Request for Proposals

response to the protest and Lead Agency will not be responsible for the failure of the Protester to receive
the protest response by either facsimile or electronic mail.
List of Appendices
•
•
•
•
•

Appendix A - Map of NH Community Transportation Regions
Appendix B - Federal Clauses
Appendix C - Acknowledgment of RFP Amendments
Appendix D - Budget FormAppendix E – Required Federal Certifications

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Region 8 Mobility Manager Request for Proposals

Appendix A - Map of NH Community Transportation Regions

Page 19 of 36

Region 8 Mobility Manager Request for Proposals

Page 20 of 36

Region 8 Mobility Manager Request for Proposals

Appendix B - Federal Clauses

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Appendix B

Federal Clauses
ACCESS TO RECORDS AND REPORTS
a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related inwhole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub­Contracts, leases, subcontracts, arrangements, otherthird party Contracts of any type, and supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shallmaintain all books, records, accounts and reports required under this Contract for a period of at not less than 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 shallbe maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related toperformance of this contract as reasonably may be required.
d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract asreasonably may be required.

BYRD ANTI­LOBBYING AMENDMENT
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, amember 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 any lobbying with non­Federal funds that takes place in connection withobtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Agency.”

CIVIL RIGHTS LAWS AND REGULATIONS
The following Federal Civil Rights laws and regulations apply to all contracts.
1 Federal Equal Employment Opportunity (EEO) Requirements.These include, but are not limited to:a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C.
Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, orage, and prohibits discrimination in employment or business opportunity.
b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246,“Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or
national origin.
2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing
Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25
prohibit discrimination on the basis of sex.
3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health andHuman Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45
C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in
Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discriminationin Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.
4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq.,prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public andprivate entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public
accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.
Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing
regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C.
§ 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under thisContract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into aspart thereof.
1. Nondiscrimination. In accordance with 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, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply withapplicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federaltransit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department ofLabor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter
60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended byany later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensurethat applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including
sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, 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.
3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621­634, U.S. Equal Employment Opportunity Commission (U.S.

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Appendix B
EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 etseq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial
Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present andprospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.
4.Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990,
as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. §5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
5.Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S.
Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, publicwelfare, the environment, and prohibiting discrimination.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACTThe Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401­7671q) and theFederal Water Pollution Control Act as amended (33 U.S.C. § 1251­1387). Violations must be reported to FTA and the Regional Office of the Environmental
Protection Agency. The following applies for contracts of amounts in excess of $150,000:
Clean Air Act(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401
et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required toassure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistanceprovided by FTA.
Federal Water Pollution Control Act(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required toassure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistanceprovided by FTA.”

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Appendix B

CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
Intelligent Transportation Systems (ITS) projects shall conform to the National ITS Architecture and standards. Conformance with the National ITS
Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional ITS architecture in support of integration and thesubsequent adherence of all ITS projects to that regional ITS architecture. Development of the regional ITS architecture should be consistent with thetransportation planning process for Statewide and Metropolitan Transportation Planning (49 CFR Part 613 and 621).

DEBARMENT AND SUSPENSION
a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs for a contract in the amount of at least $25,000(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of thecontractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
(2) C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) The accompanying certification is a material representation of fact relied upon by the subrecipient. If it is later determined that the contractor did notcomply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency and subrecipient, the Federal
Government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid andthroughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in
its lower tier covered transactions.”

DISADVANTAGED BUSINESS ENTERPRISE (DBE)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 DOT­assisted 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 Agency deems
appropriate, which may include, but is not limited to:(1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as
non­responsible. 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
Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).
Finally, for contracts with defined DBE contract goals, each FTA Recipient must include in each prime contract a provision stating that the contractor shall
utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’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).
It is the policy of the Agency 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 DOT­assisted contracts.

DHS SEAL, LOGO, AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FTA pre­approval.

ENERGY CONSERVATIONThe 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.

EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 ofcompensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees andapplicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee orapplicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shallnot apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access tosuch information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract orunderstanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees andPage 3 of 8

Appendix B
applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of theSecretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, andorders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and theSecretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non­compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, thiscontract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts inaccordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invokedas provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, ororders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the UnitedStates to enter into such litigation to protect the interests of the United States.

FEDERAL CHANGES
49 CFR Part 18 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 Master Agreement between Purchaser and FTA, as they may be amended or promulgated fromtime to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

FLY AMERICAa) Definitions. 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 twoplaces both of which are outside the United States. 2) “United States” means the 50 States, the District of Columbia, and outlying areas. 3) “U.S.­flag air
carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
b) 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, Agencys, and others use U.S.­flag air carriers for U.S. Government­financed 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 theabsence of satisfactory proof of the necessity for foreign­flag 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 foreign­flag air carrier if a U.S.­flag air carrier is available to provide
such services.
c) If available, the Contractor, in performing work under this contract, shall use U.S.­flag carriers for international air transportation of personnel (and theirpersonal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S.­flag air carrier for international air transportation, the Contractor shall include astatement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S.­Flag Air CarriersInternational 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 foreign­flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve
international air transportation.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms ­ The provisions within 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 the current FTA Circular
4220 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the eventof a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
request which would cause a violation of the FTA terms and conditions.

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Appendix B

NO GOVERNMENT OBLIGATION TO THIRD PARTIESThe Agency and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation oraward of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract andshall not be subject to any obligations or liabilities to the Agency, 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
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 toits provisions.

NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA
Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party
Agreements and must require each Third Party Participant to 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) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal
Government as a party to litigation or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying
Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, andrequirements.
(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the
Recipient is located, if the Recipient 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 havecommitted a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility
occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer,
employee, agent, or Third Party Participant of the Recipient. 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 agency, a criminal indictment
or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.

PATENT RIGHTS AND RIGHTS IN DATAIntellectual Property Rights
This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights andData Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the Agency intellectual property accessand licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 C.F.R. part 401, “Rights toInventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to
execution of this Contract and shall, at a minimum, include the following restrictions:
Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may theContractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of suchdata to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this Contract, theterm “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract.
Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process
sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar
information used for performance or administration of the Contract.
1. The Federal Government reserves a royalty­free, non­exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others touse for “Federal Government Purposes,” any subject data or copyright described below. For “Federal Government Purposes,” means use only for the direct
purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.
a. Any subject data developed under the Contract, whether or not a copyright has been obtained; andb. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA.
2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees topermit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of thesubject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which isthe subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined hereinand shall be delivered as the Federal Government may direct.
3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal
Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting
from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation,
reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government
for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.
4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scopeof any license or other right otherwise granted to the Federal Government under any patent.
5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated
into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the timeof delivery of the Contract work.
6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in partwith Federal assistance.

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Appendix B

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions
pertaining to this contract.”

PROMPT PAYMENTThe 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 Agency, 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 notterminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.

SIMPLIFIED ACQUISITION THRESHOLD
Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council andthe Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317–200.327.
The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy
America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).

SAFE OPERATION OF MOTOR VEHICLES
Seat Belt Use
The Contractor is encouraged to adopt and promote on­the­job seat belt use policies and programs for its employees and other personnel that operatecompany­owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company­owned” and “company­leased” refer to vehicles
owned or leased either by the Contractor or Agency.
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, orrents, or a privately­owned vehicle when on official business in connection with the work performed under this Contract.

SPECIAL NOTIFICATION REQUIREMENTS FOR STATESApplies to States –a. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its
State Program, Project, or related activities:(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project;(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized;
and(3) The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents ­ The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance,(2) requests for proposals or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications.

TERMINATION
Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The
Contractor shall be paid its costs, including contract close­out costs, and profit on work performed up to the time of termination. The Contractor shallpromptly submit its termination claim to Agency to be paid the Contractor. If the Contractor has any property in its possession belonging to Agency, theContractor will account for the same, and dispose of it in the manner Agency directs.
Termination for Default [Breach or Cause] (General Provision)
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 performin the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contractfor 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 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 Agency 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 Agency, after setting up a new delivery of performanceschedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure (General Provision)
The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] 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 Agency's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after
receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency 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 Agency from also pursuing all available
remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any BreachIn the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency

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Appendix B
shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
Termination for Convenience (Professional or Transit Service Contracts)
The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the Agency’s interest. If this contract is terminated, the Agency
shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
Termination for Default (Supplies and Service)
If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails tocomply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to theContractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered andaccepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract
obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Agency.
Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any
extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shallterminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price forservices performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of the Agency, protect and preserve
the goods until surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods.
Failure to agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shallbe the same as if the termination had been issued for the convenience of the Agency.
Termination for Default (Construction)
If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in thiscontract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency
may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default.
In this event, the Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances,and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Agency resulting from theContractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. Thisliability includes any increased costs incurred by the Agency in completing the work.
The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if: 1. The delay in completing
the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: actsof God, acts of Agency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight
embargoes; and 2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment ofAgency, the delay is excusable, the time for completing the work shall be extended. The judgment of Agency shall be final and conclusive for the parties, but
subject to appeal under the Disputes clause(s) of this contract. 3. If, after termination of the Contractor's right to proceed, it is determined that the Contractor
was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for theconvenience of Agency.
Termination for Convenience or Default (Architect and Engineering)
The Agency may terminate this contract in whole or in part, for the Agency’s convenience or because of the failure of the Contractor to fulfill the contract
obligations. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of thetermination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2)deliver to the Agency ‘s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials
accumulated in performing this contract, whether completed or in process. Agency has a royalty­free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials.
If the termination is for the convenience of the Agency, the Agency’s Contracting Officer shall make an equitable adjustment in the contract price but shallallow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency may
complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Agency. If, after termination for failure tofulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if thetermination had been issued for the convenience of Agency
Termination for Convenience or Default (Cost­Type Contracts)
The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether thetermination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which theContractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds
received from the Agency, or property supplied to the Contractor by the Agency. If the termination is for default, the Agency may fix the fee, if the contract
provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the Agency and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of Agency, the Contractor shall be paid its contract close­out costs, and a fee, if the contract provided for payment ofa fee, in proportion to the work performed up to the time of termination.
If, after serving a Notice of Termination for Default, the Agency determines that the Contractor has an excusable reason for not performing, the Agency, after
setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

VIOLATION AND BREACH OF CONTRACT
Rights and Remedies of the Agency
The Agency shall have the following rights in the event that the Agency deems the Contractor guilty of a breach of any term under the Contract.
1. The right to take over and complete the work or any part thereof as agency for and at the expense of the Contractor, either directly or through othercontractors; 2. The right to cancel this Contract as to any or all of the work yet to be performed; 3. The right to specific performance, an injunction or any

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Appendix B
other appropriate equitable remedy; and 4. The right to money damages.
For purposes of this Contract, breach shall include.
Rights and Remedies of Contractor
Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the Agency,
the Contractor expressly agrees that no default, act or omission of the Agency shall constitute a material breach of this Contract, entitling Contractor tocancel or rescind the Contract (unless the Agency directs Contractor to do so) or to suspend or abandon performance.
Remedies
Substantial failure of the Contractor to complete the Project in accordance with the terms of this Contract will be a default of this Contract. In the event of a
default, the Agency will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights totermination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Contract by the Contractor before the Agency
takes action contemplated herein, the Agency will provide the Contractor with sixty (60) days written notice that the Agency considers that such a breachhas occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action.
Disputes
Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by an authorized
representative of Agency. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails orotherwise furnishes a written appeal to the Agency’s authorized representative. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the Agency’s authorized representative shall be binding upon theContractor and the Contractor shall abide be the decision.
In the event that a resolution of the dispute is not mutually agreed upon, the parties can agree to mediate the dispute or proceed with litigation.
Notwithstanding any provision of this section, or any other provision of this Contract, it is expressly agreed and understood that any court proceeding arisingout of a dispute under the Contract shall be heard by a Court de novo and the court shall not be limited in such proceeding to the issue of whether the
Authority acted in an arbitrary, capricious or grossly erroneous manner.
Pending final settlement of any dispute, the parties shall proceed diligently with the performance of the Contract, and in accordance with the Agency’s
direction or decisions made thereof.
Performance during Dispute
Unless otherwise directed by Agency, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages
Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of its employees,
agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the
first observance of such injury or damage.
Remedies
Unless this Contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Agency and the Contractor arisingout of or relating to this Contract or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within theState in which the Agency is located.
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 ofany duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or Contractor shall constitute a
waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence inany breach thereunder, except as may be specifically agreed in writing.

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Region 8 Mobility Manager Request for Proposals

Appendix C - Acknowledgment of RFP Amendments

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Appendix C

Regional Mobility Manager
Acknowledgment of RFP Amendments
With this form, the Respondent acknowledges that it is his/her responsibility to determine if there are Amendments
to the RFP, to obtain such amendments, and to incorporate them into the Proposal.

Amendment Number

Date

The Respondent, for itself, its successors and assigns, hereby acknowledges that it has received all the abovereferenced Amendments to the RFP. Failure to acknowledge receipt of all Amendments will be considered adefect and grounds for rejection of the Proposal subject to the provisions of Section III.G.1 of the RFP.
Respondent

Signature of Authorized Agent

Date

Name & Title Printed

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Region 8 Mobility Manager Request for Proposals

Appendix D - Budget Form

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Region 8 Mobility Manager Request for Proposals

Regional Mobility Manager Budget Form
Please list all budget items that would be paid for using these Contract funds. Note that the proposed Indirect Cost
Rate may be verified by the Lead Agency or NH Department of Transportation prior to Contract execution. Respondents
are advised to review Section III.D. – Incidental Expenses from the NH Statewide Mobility Management Network: A
Blueprint for Implementation for a list of allowable expenses for this project.
Key Personnel

Hours

Direct Rate

Indirect Costs

Fixed Fee

Total Cost

Total Personnel Costs

Direct Expenses

Numberof Units

Cost(Per Unit)

Total Cost

Total Direct Expenses

Total Costs
Note: If a Respondent does not have an approved indirect cost rate or cost allocation plan, any eligible non-salaryexpenses detailed in Section III.D of the NH Statewide Mobility Management Network: A Blueprint for Implementation
would be included as “Direct Expenses” in this form. Additional questions about how to fill out the budget form may
be submitted in writing via the process detailed in Section III.C of this RFP.
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Region 8 Mobility Manager Request for Proposals

Appendix E – Required Federal Certifications

Page 34 of 36

Appendix E
Federal Certifications

CERTIFICATION AND RESTRICTIONS ON LOBBYING
I,_________________________________________________________________________________________hereby certify(Name and title of official)
On behalf of ___________________________________________________________________________________that:(Name of Bidder/Company Name)
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the makingof any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence anofficer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member ofCongress in connection with the federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all sub­awards at all tiers(including sub­contracts, sub­grants and contracts under grants, loans, and cooperative agreements) and that all sub­recipients shallcertify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by
the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification andunderstands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto.
Name of Bidder/Company Name:_______________________________________________________________________________
Type or print name:__________________________________________________________________________________________
Signature of authorized representative:__________________________________________ Date_________/__________/_________
Signature of notary and SEAL:_________________________________________________________________________________

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Appendix E
GOVERNMENT­WIDE DEBARMENT AND SUSPENSION(NONPROCUREMENT)
Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed
certification set out below.
(1) It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement 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 Governmentwide Debarment andSuspension (Nonprocurement),” 2 CFR part 180,
(2) To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier:a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently:
1. Debarred,
2. Suspended,
3. Proposed for debarment,
4. Declared ineligible,
5. Voluntarily excluded, or
6. Disqualified,b. Its management has not within a three­year period preceding its latest application or proposal been convicted of or had a civil judgment
rendered against any of them for:1. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction, or contract under a public transaction,
2. Violation of any Federal or State antitrust statute, or,
3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving
stolen property,c. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of
any of the offenses listed in the preceding subsection 2.b of this Certification,d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three­year period preceding thisCertification,e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that
information to FTA,
f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200
and 2 CFR part 180 if it:
1. Equals or exceeds $25,000,,
2. Is for audit services, or,
3. Requires the consent of a Federal official, andg. It will require that each covered lower tier contractor and subcontractor:
1. Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and
2. Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be:
a. Debarred from participation in its federally funded Project,b. Suspended from participation in its federally funded Project,c. Proposed for debarment from participation in its federally funded Project,d. Declared ineligible to participate in its federally funded Project,e. Voluntarily excluded from participation in its federally funded Project, or
f. Disqualified from participation in its federally funded Project, and
3. It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its
principals, including any of its first tier Subrecipients or its Third­Party Participants at a lower tier, is unable to certify compliance with thepreceding statements in this Certification Group.
(3) It will provide a written explanation as indicated on a page attached in FTA’s TrAMS platform or the Signature Page if it or any of its principals,
including any of its first tier Subrecipients or its Third­Party Participants at a lower tier, is unable to certify compliance with the preceding statementsin this Certification Group.
Certification
Contractor:________________________________________________________________________________________
Signature of Authorized Official:______________________________________________Date_______/_______/_______Name and Title of Contractor's Authorized Official:_________________________________________________________

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