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Nashville Area Metropolitan Planning Organization Request for Proposals# MPO2012‐002

General Planning & Regional Modeling Services

Issue Date: Wednesday, November 14, 2012

Pre‐submittal Conference: A Pre‐submittal meeting will be held at 2:00 P.M. (CST) on Wednesday, November 28, 2012 at the offices of the Metropolitan Planning Organization, 800 Second Avenue South, 2nd Floor, Nashville, TN 37210. Attendance is not mandatory and provisions can be made for participants to participate by phone. Details will be posted to the MPO’s website at least three days prior to the conference.

Inquiries made and answered at the conference or by the deadline for written questions will be summarized in writing for distribution through the MPO’s website at NashvilleMPO.org.

Written Questions: Written questions will be due by 2:00 P.M. (CST) on Wednesday, December 5, 2012.

Submittal Due Date: Submittals will be received until 2:00 P.M. (CST) on Wednesday, December 12, 2012.

Submittal Copies: Seven (7) hard copies of the submittal and one (1) copy in digital format must be submitted in a SEALED ENVELOPE or BOX with RFP# MPO2012‐002 written clearly on the outside of the envelope.

Contact Information: All inquiries for information should be directed to:

Michael Skipper, AICP, Executive Director Telephone: (615) 862‐7204 e‐mail: [email protected]

Contract Period: Up to 36 months

PROPOSALS SHOULD BE MAILED OR HAND DELIVERED TO: Nashville Area Metropolitan Planning Organization c/o Ms. Lou Edwards 800 Second Avenue South | PO BOX 196300 | Nashville, Tennessee 37219

NOTE: For delivery service (UPS, FedEX, etc.) use

800 Second Avenue South, Second Floor | Zip Code 37210

Nashville Area Metropolitan Planning Organization NashvilleMPO.org

RFP# MPO2012-002 | General Planning & Regional Modeling Services Page 1

PROJECT SUMMARY The Nashville Area Metropolitan Planning Organization (MPO) is seeking proposals from firms and/or individuals capable of providing professional consultant services for a variety of transportation planning and modeling activities associated with the development of the 2040 Regional Transportation Plan to include public relations, public & stakeholder involvement, video production, graphic design and illustration, survey research, fiscal impact analyses, financial analyses, travel demand modeling, land use modeling, scenario planning, transportation project evaluation and other tasks on an as needed basis.

The MPO intends to issue a task‐order based contract and reserves the right to select multiple firms through this procurement process.

Proposers may respond to all or parts of the scope of services described Section 2.0 of this RFP.

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The Nashville Area MPO is the federally‐designated transportation planning agency for Davidson, Rutherford, Sumner, Williamson, Wilson and parts of Maury and Robertson counties. Through the Nashville Area MPO, local partners develop and manage the region’s long‐range transportation plan and 5‐year transportation improvement program. MPO plans and programs identify and prioritize transportation needs for federal and state funding. Find out more about the MPO at www.nashvillempo.org.



RFP CONTENTS PROJECT SUMMARY ...................................................................................................................................... 1

RFP CONTENTS .............................................................................................................................................. 2

1.0 CONSULTANT QUALIFICATIONS .............................................................................................................. 4

2.0 SCOPE OF SERVICES................................................................................................................................. 4

2.1 GENERAL PURPOSE ............................................................................................................................. 4

2.2 REQUIRED COORDINATION ................................................................................................................. 4

2.3 PROJECT SCHEDULE ............................................................................................................................ 5

2.4 STUDY AREA ........................................................................................................................................ 5

2.5 MAJOR TASKS ...................................................................................................................................... 7

Task 1. Public & Stakeholder Involvement Activities ............................................................................ 7

Task 2. General Planning Activities ....................................................................................................... 8

Task 3. Regional Modeling Activities..................................................................................................... 9

3.0 MANAGEMENT/OWNERSHIP ................................................................................................................ 10

4.0 INSTRUCTIONS TO OFFERORS ............................................................................................................... 10

4.1 PREPARATION OF PROPOSAL ............................................................................................................ 10

4.2 REQUIRED INFORMATION ................................................................................................................. 10

1. Cover Letter..................................................................................................................................... 10

2. Technical Proposal .......................................................................................................................... 11

3. Qualifications & Experience ............................................................................................................ 11

4. Cost Proposal .................................................................................................................................. 11

5. References ...................................................................................................................................... 11

6. Corrections, Amendments, and Clarifications ................................................................................ 11

7. Procurement Nondiscrimination Program Requirements .............................................................. 11

8. Assistance to Small Business as Subcontractors and Suppliers ...................................................... 12

9. Other Information ........................................................................................................................... 14

4.3 INQUIRIES .......................................................................................................................................... 14

4.4 VERIFICATION OF INFORMATION ..................................................................................................... 14

4.5 PROSPECTIVE OFFERORS CONFERENCE ............................................................................................ 14

4.6 EXCEPTIONS ...................................................................................................................................... 14

4.7 PROPOSAL OPENING ......................................................................................................................... 14

4.8 LATE PROPOSALS............................................................................................................................... 15

4.9 WITHDRAWAL OF PROPOSAL ........................................................................................................... 15

4.10 AMENDMENT OF PROPOSAL .......................................................................................................... 15

5.0 EVALUATION OF PROPOSALS ................................................................................................................ 15



5.1 GENERAL ........................................................................................................................................... 15

5.2 CRITERIA FOR PROPOSAL EVALUATION ............................................................................................ 15

5.3 PERSONAL INTERVIEWS .................................................................................................................... 16

5.4 REFERENCE EVALUATION .................................................................................................................. 16

5.5 CONSULTANT SELECTION .................................................................................................................. 16

5.6 CONTRACT NEGOTIATION ................................................................................................................. 16

5.7 AWARD OF CONTRACT ...................................................................................................................... 16

5.8 OFFER AND ACCEPTANCE PERIOD .................................................................................................... 17

5.9 OFFEROR'S RIGHTS ............................................................................................................................ 17

6.0 MAJOR CONTRACT PROVISIONS ........................................................................................................... 17

6.1 PAYMENT .......................................................................................................................................... 17

6.2 TAXES ................................................................................................................................................ 17

6.3 CONFLICT OF INTEREST ..................................................................................................................... 17

6.4 PERFORMANCE STANDARDS ............................................................................................................. 17

6.5 CANCELLATION .................................................................................................................................. 18

6.6 CONTRACT TERMINATION ................................................................................................................ 18

6.7 AVAILABILITY OF FUNDS ................................................................................................................... 18

6.8 CONFIDENTIALITY .............................................................................................................................. 18

6.9 REMOVAL OF CONTRACTOR'S EMPLOYEES ...................................................................................... 19

6.10 CONTRACT TERM ............................................................................................................................ 19

6.11 CONTRACT EXTENSION ................................................................................................................... 19

6.12 INSURANCE ..................................................................................................................................... 19

6.13 LOBBYING ........................................................................................................................................ 19

6.14 SUSPENSION AND DEBARMENT ...................................................................................................... 19

ATTACHMENTS ............................................................................................................................................ 20

1. AFFIDAVITS

2. PROCUREMENT NONDISCRIMINATION PROGRAM FORMS & SUBMISSION PROCEDURES



1.0 CONSULTANT QUALIFICATIONS

The selected Proposer(s) will require experience and expertise in many areas related to regional and community planning. The Offeror's unique approach to the scope of services identified in Section 2.0 of the RFP may require experience in areas not identified in this section. The qualifications listed here should be considered the minimum capabilities:

Transportation planning for people and freight;

Travel demand modeling;

Land use planning, zoning, and land development regulations;

Land use allocation modeling;

Community visioning and scenario planning;

Urban design;

Economic and market analysis;

Fiscal impact analysis;

Land use modeling;

Travel demand modeling;

Visualization techniques;

GIS analysis and mapping;

Video editing and production;

Website/ web application development;

Survey research;

Public and stakeholder outreach and involvement; and

Media relations.

The Proposer must describe the qualifications and experience of each firm and the key individuals expected to perform all or parts of the scope of services identified in this Request for Proposals.

2.0 SCOPE OF SERVICES

2.1 GENERAL PURPOSE

The Nashville Area Metropolitan Planning Organization (MPO) is seeking proposals from firms and/or individuals capable of providing professional consultant services for a variety of transportation planning and modeling activities associated with the development of the 2040 Regional Transportation Plan to include public relations, public & stakeholder involvement, video production, graphic design and illustration, survey research, fiscal impact analyses, financial analyses, travel demand modeling, land use modeling, scenario planning, transportation project evaluation and other tasks on an as needed basis.

The MPO intends to issue a task‐order based contract and reserves the right to select multiple firms through this procurement process. Proposers may respond to all or parts of the scope of services described in Section 2.5 of this RFP.

2.2 REQUIRED COORDINATION

The selected consultant(s) will be required to coordinate with other planning activities and work with existing MPO modeling tools.

Coordination with Other Planning Activities: The MPO will be engaged in multiple studies related to the development of the 2040 Regional Transportation Plan that will be performed outside of the scope of



services identified in this RFP. At minimum, the MPO will begin the Southeast Area Transportation & Land Use Study, a regional bicycle and pedestrian study, and a regional freight and goods movement study within the next 12 months. In addition, TDOT has just begun a major corridor study along Interstate 24 from the Kentucky state line to the I‐75 junction in Chattanooga. The Proposer must describe how it plans to successfully coordinate with those other activities.

Regional Modeling Software: The MPO has invested heavily in two technical tools that are the basis for land use and transportation modeling and scenario planning. The MPO uses ArcGIS‐based CommunityViz (Placeways) for land use modeling and Caliper's TransCAD for travel demand modeling. The Proposer must describe if and how it plans to integrate these tools into project work, but is permitted to propose alternative modeling tools.

2.3 PROJECT SCHEDULE

The MPO is scheduled to adopt the 2040 Plan in December 2015. The selected consultant(s) may be requested to perform a variety of services over the next 36 months. Most tasks will require rapid response and quick delivery of the requested products. Proposers must discuss their availability over the next three years and describe how they plan to remain responsive to task orders throughout the duration of the contract period. More information about the schedule for the 2040 Plan is available on the MPO’s website at: NashvilleMPO.org/2040

2.4 STUDY AREA

The federally‐designated planning area of the Nashville Area MPO includes more than 2800 square miles across Davidson, Rutherford, Sumner, Williamson, Wilson and parts of Maury and Robertson counties (figure 1). The area supports a population of approximately 1.4 million. More information about the planning area is available on the MPO website.

In addition, the MPO coordinates with stakeholders over a larger regional geography and its planning models include data for additional surrounding counties involved in related organizations including the Regional Transportation Authority, the Middle Tennessee Mayors Caucus, the Nashville Area Chamber of Commerce’s Partnership 2020 – a regional economic development initiative, and Cumberland Region Tomorrow – a non‐profit regional quality growth advocacy organization.

Figure1.TennesseeUrbanAreas



Figure2.MiddleTennesseeRegion/10‐CountyCoordinationArea

Figure1.MPOPlanningArea&2010CensusUrbanAreaswithPopulationFigures



2.5 MAJOR TASKS

The Proposer must demonstrate a comprehensive understanding of the issues and challenges facing Middle Tennessee and describe its recommended approach to performing one or more of the following major tasks.

Task 1. Public & Stakeholder Involvement Activities

Outreach to and input from the public, stakeholders, and the media will be a central focus of efforts to develop the 2040 Plan. At a minimum, the following groups will be considered key audiences and planning partners throughout the effort:

State and regional governmental agencies,

Civic organizations,

Neighborhood associations,

News media,

Chambers of commerce,

Local business leaders,

Joint Economic and Community Development Boards,

Resource management agencies,

Environmental organizations,

Transit/transportation providers,

Non‐profit organizations focused on growth and development (e.g., Cumberland Region Tomorrow, Civic Design Center, etc.), and

Representatives of traditionally underserved populations.

In order to maximize the level of public and stakeholder involvement in the planning process, the MPO may require consultant assistance to carry at the following tasks:

Media & Public Relations – Activities may include the development of a public relations campaign to improve public and stakeholder involvement in the development of the long‐range transportation plan including advertising public meetings/ workshops, developing press releases, and other tasks associated with informing audiences about opportunities to shape the regional transportation plan.

Meeting Coordination/ Facilitation – Activities may include coordination of meetings and workshops including finding and reserving facilities, setting up meeting rooms, preparing materials and presentations, facilitating discussion, and recording meeting notes/ minutes.

Synthesis of External Public Involvement Activities – The MPO is interested synthesizing the findings from public involvement conducted by state, regional, and local agencies during recent and ongoing studies and comprehensive planning activities in order to minimize duplication of effort and public planning fatigue.

Attitudinal/ Opinion Research – Activities may include quantitative research via telephone, intercept, or web‐based surveys or qualitative research through personal interviews and focus groups.

Website / Application Development – The MPO may seek assistance to improve www.nashvillempo.org and/or to produce stand‐alone applications that 1) provide greater access to regional plans and data, 2) offer a more interactive learning experience for those interested in planning for the future, and 3) foster a convenient and creative environment for the exchange of ideas.



Video Production – Activities may include video shoots, computer animation, and video editing for a variety of productions to communicate to a diverse set of audiences the nature of opportunities and challenges facing the metropolitan area, the need for regional planning, and proposed solutions.

Visualization Techniques – Activities may include the development of illustrations by hand or through the use of graphic design software or computer rendering software for the purposes of 1) illustrating transportation challenges and proposed solutions and 2) improving MPO publications and outreach materials.

Task 2. General Planning Activities

The MPO anticipates conducting several planning activities during the development of the 2040 Plan. While some of those will be performed by MPO staff and partner agencies, or through stand‐alone studies conducted over the next three years, the MPO may require additional assistance throughout the period, including but not limited to:

Regional Visioning & Scenario Planning – Activities will be geared toward engaging citizens/businesses groups to define a “preferred” vision for growth and development for the region. The vision is intended to represent a realistic growth scenario that promotes a balance between community goals and objectives, as defined at the local level, and the ability of public or private entities to provide the supporting infrastructure and services. Visioning will include the preparation of the following elements: o Guiding principles that establish a framework for desired growth and development

outcomes; o Goals and objectives that promote the advancement of the guiding principles; o Polices that provide general parameters for local and regional implementation of the vision; o Performance measures and targets to be used in monitoring implementation progress; and o Maps and graphics illustrating the vision, depicting areas of desired growth and

conservation in the form of character area designations, and a representation of what the future built‐environment and transportation choices may look like.

Research & Data Collection – The transportation planning process requires a significant amount of data in order to be carried out effectively. Activities may include primary or secondary data collection to provide basic information to policy‐makers and planners, or to help define base year conditions for regional models. Possible data items may include, but are not limited to, roadway travel speeds, traffic volumes, intersection delay, turning movements, bicycle and pedestrian counts, truck counts; surveys of visitors, university students, truck drivers, local businesses, transit riders, or the general public; and field inventorying/verification of existing land uses, built structures, community assets, transportation facilities, and their conditions.

Transportation Project and System‐Level Cost Estimation – Activities may include the preparation of cost estimates for short‐, mid‐, and long‐term capital projects under consideration for the 2040 Plan; and the preparation of cost estimates for the operations and maintenance of existing and future transportation systems.

Financial Planning – Activities may include the identification, forecasting, and assessment of revenue sources to ensure availability of funds necessary for the development and implementation of both long‐ and short‐range transportation programs. Additional tasks may include, but are not limited to: assessment of new funding options, evaluation of proposed state/federal legislation affecting transportation funding, and identification/evaluation of alternative public or private funding sources for transportation projects.



Transportation Demand Management – Activities may include assisting the MPO and its partners in the evaluation of Transportation Demand Management (TDM) programs and strategies to encourage alternatives to the use of single‐occupant vehicle trips including vanpooling, carpooling, telecommuting, transit, bicycling, and walking; and to encourage employers to implement business practices that help reduce congestion during peak commuting times.

Ad Hoc Technical Studies – Other technical studies related to transportation safety, system security, system resiliency, operations & maintenance, access management, roadway design, system management & operations, intelligent transportation systems, transit operations, freight and logistics, health impacts, environment and climate change, etc. may be requested throughout the duration of the contract period.

Task 3. Regional Modeling Activities

In order to support regional policy development and long‐range planning activities, the MPO is seeking to enhance its computer models to improve forecasts of future growth and development, travel demand, traffic flow, transit ridership, and walking and bicycle usage; and to test the performance of, or impacts on the region from proposed public policies, economic and market shifts, energy supply and pricing, land development scenarios, and infrastructure investments. During the next three years, the MPO may require consultant assistance to carry at the following tasks:

Travel Demand Modeling– The MPO is seeking assistance from travel demand modeling experts to make improvements to its current trip‐based traditional four‐step travel demand model and to prepare it for use in testing and evaluating scenarios for the 2040 Plan. The MPO uses Caliper’s TransCAD for the travel demand model, which includes transit mode choice and freight movement models.

Transition to an Activity/ Tour‐Based Model – The MPO has been considering a transition to a new activity/ tour‐based model (ABM) so that policy‐makers and planners have the ability to test the impact of a broader set of land use and transportation scenarios on travel behavior, and to increase its capacity to perform detailed corridor and sub‐area studies aimed at evaluating non‐motorized modes, transit, and freight movement. The MPO is currently working with a consultant as part of the ongoing Regional Household Transportation and Health Study to prepare a transition plan that provides three options for the development of an ABM. Activities within this task may include anything from an evaluation/modification of that ABM transition plan, to the full‐scale deployment and implementation of an ABM or various subcomponents.

Land Use Modeling – The MPO is seeking to enhance its methods and tools used to forecast future growth and land development patterns. Currently, the MPO uses ArcGIS‐based CommunityViz (Placeways) to allocate future population and employment control totals to individual parcels throughout the region based on a combination of factors including land availability/supply, land suitability (attraction), generalized land use policy, an generalized land development regulations (as represented by character area designations). Given the prior investment in CommunityViz, the MPO’s preference is to further develop the model within that platform, however, other options will be considered. More information about the MPO’s land use model is available on the MPO website at: http://www.nashvillempo.org/growth/land_use.aspx.



3.0 MANAGEMENT/OWNERSHIP This study will be conducted under contract with the Metropolitan Planning Commission of Nashville‐Davidson County (MPC) on behalf of the Nashville Area Metropolitan Planning Organization (MPO). Approval of products shall be the purview of the MPO executive director.

All deliverables and/or other products of the contract (including but not limited to all procedures, solicitation packages, reports, records, summaries, software documentation and other matter and materials prepared or developed by the Contractor in performance of this contract) shall be the sole, absolute and exclusive property of the MPO, free from any claim or retention of rights thereto on the part of the Contractor, its agents, subcontractors, officers, or employees.

4.0 INSTRUCTIONS TO OFFERORS

4.1 PREPARATION OF PROPOSAL

Consultants are encouraged to submit their initial proposals as comprehensively as possible because proposals may be ranked without interviews. Erasures, interlineations or other modifications in the proposal shall be initialed in original ink by the authorized person signing the Vendor Offer. Periods of time, stated as a number of days, shall be calendar days.

It is the responsibility of all Offerors to examine the entire Request for Proposal package and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing an offer confers no right of withdrawal after due time and date.

4.2 REQUIRED INFORMATION

Seven (7) hard copies of the submittal and one (1) copy in digital format of the proposal shall be submitted in an 8 1/2" x 11" format, typewritten. The digital copy shall be provided in common format such as Microsoft Word or Adobe Acrobat.

The following items shall be submitted with each offer/proposal. Failure to include ANY of these items may result in a proposal being rejected.

1. Cover Letter

The Offeror must provide a cover letter signed by a principal in the firm submitting the proposal on behalf of their company or consortium. This letter shall agree to all terms and conditions in this RFP, and specifically include the following certifications:

No member or employee of the Metropolitan Planning Commission (the MPC), no member or employee of the Metropolitan Planning Organization (the MPO), and no member of the governing body or staff of any MPO member jurisdiction exercising any functions or responsibilities with respect to this project shall during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in any proceeds thereof.

The offering firm is not party to an outstanding lawsuit against the Metropolitan Government of Nashville and Davidson County or the Metropolitan Planning Organization.



2. Technical Proposal

A. Project Understanding

The Offeror must demonstrate a comprehensive understanding of the MPO’s policy initiatives; recent, ongoing, and upcoming studies; local and regional planning issues and challenges; the 2040 Plan schedule; and federal requirements for metropolitan area long‐range transportation plans.

B. Scope of Services

The proposal must include a summary of the approaches to be taken to carry out each task for which the Offeror is interested in performing. The responsibilities of any subcontracting firms should be clearly noted. No more than twenty (20) pages, single sided (or 10 pages double‐sided), may be devoted to Scope of Work / Study Approach.

3. Qualifications & Experience

A. Statement of Qualifications

The proposal must include information describing the background and experience of each firm and key individual that will perform all or parts of the scope of services. For each key individual, identify their office location and their time commitment to this effort.

B. Time Commitment to Other Projects

The proposal must indicate other studies currently underway or likely to be undertaken during the study period by those with a principal role in this study, their role and their commitment (as a percentage of available time) to those other studies.

C. Samples of Relevant Work Experience

The Offeror may include samples of relevant work experience within the bound proposal, or submitted as an addendum.

4. Cost Proposal

The Offeror must include a detailed cost proposal to specify the hourly rates for key personnel/ staff positions for the primary consultant and any proposed subconsultants, the per item cost of any anticipated non‐personnel direct expenses, and rates for fringe, overhead, and profit. There are no specific formatting requirements for the cost proposal, so long as it provides the requested information.

5. References

Provide a minimum of five (5) references, complete with address and telephone number, of the governmental entities for which the contractor has performed similar work.

6. Corrections, Amendments, and Clarifications

Include signed copies of all corrections, amendments, and clarifications to this RFP. Such corrections, amendments, and clarifications will be posted to the MPO’s website at NashvilleMPO.org.

7. Procurement Nondiscrimination Program Requirements

The following is a requirement for responsiveness in this RFP.

A. The consideration and contact of minority‐owned and/or woman‐owned business enterprises (MWBE) with a significant presence in the Nashville MSA is required for a Responsive offer



Metro’s Business Assistance Office (BAO) will provide a listing of known Metro registered and certified MWBE firms. You are encouraged to reach out and develop additional MWBE firms for inclusion in your offer but they must be registered online with Metro prior to the proposal time and date. Certification is required by the time of the proposal due date.

B. The provision of the following items as part of the proposal package is a minimum requirement for a responsive proposal

Covenant of Nondiscrimination Your firm has committed to the Covenant of Nondiscrimination when registering with Metro to do business. To review this document, go to Nashville.gov and visit the Procurement or Business Assistance web pages (it is NOT necessary to resubmit this with each proposal).

Statement of Interested, Notified, Bid Amount, and Successful MWBEs Selected. Each Offeror must provide the enclosed form indicating that the Offeror has delivered written notice to at least three (3) available MWBEs if use of MWBEs is reasonable and if BAO can provide at least three MWBEs for the applicable category. The interested, notified, successful, and unsuccessful bid prices are one of the several required responses on the form.

Letter of Intent to Perform as a Subcontractor/Joint Venture. In the event that an Offeror submits the use subcontractors, suppliers, and/or joint ventures, a letter of intent signed by both the subcontractor/supplier/joint venturer must be submitted to Procurement by the end of the second business day following issuance of the intent to award letter.

Registration and Certification. To be considered for the purpose of being Responsive, the subcontractor, supplier and’/or joint venturer must be registered online with Metro by the proposal due date. Certification is required by the time of the proposal due date.

These requirements will be present for Step Two of this solicitation.

C. Assistance in Locating an Minority‐Owned or Woman Owned Businesses

Offerors who desire assistance in locating potential MWBE subcontractors and suppliers are encouraged to contact the John Irvin at 615/862‐5461 or e‐mail [email protected]

8. Assistance to Small Business as Subcontractors and Suppliers

Committed levels of small business participation will be evaluated and granted points as a component of Step Two.

A. Incentive for Small Business Participation

Metro provides an incentive to Offerors to maximize the usage of small businesses in the performance of the contract. In the evaluation of proposals, Metro rewards Offerors for committing to use small businesses as subcontractors by considering the minimum percentage of total contract dollars of committed small business subcontractor participation. In addition, if the Offeror is a small business, Metro rewards the Offeror for the amount of work it commits to self perform.

B. Assistance in Locating Small Businesses

Offerors who desire assistance in locating potential small business subcontractors and suppliers are encouraged to contact the Business Assistance Office by email at [email protected] or call The BAO at (615) 880‐2814.



C. Definition of Small Business

A “small business” means a United States business which is independently owned and operated and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field. In addition, in order to qualify as a small business for purposes of this RFP, a business must meet the standards set forth in Metro’s Small Business Standards included as an Attachment to this RFP.

D. Documentation Requirements

Offeror must complete the List of Proposed Small Businesses Exhibit to this RFP and submit the Exhibit with the Proposal to make a commitment to use subcontractors that claim small business status. Changes to the list of proposed small businesses must be submitted in writing and approved in advance by Metro. Offeror must confirm that any small businesses to be included in its proposal meet the small business standards set forth by Metro. Offeror shall likewise notify its proposed small businesses that Metro requires 1) that the subcontractor be registered to do business with Metro, and 2) have been approved as a small business through the submission to Metro of documentation to confirm small business status including a copy of their two most recently submitted business tax returns as well as IRS form 941‐Employer's Quarterly federal tax return. This information will be reviewed by Metro and used to confirm the small business status. Small business status must be approved by Metro prior to proposal submission. While Metro commits to having documents reviewed and status granted as quickly as possible after the receipt of the necessary documentation, documents should be submitted no later than four days before the bid/proposal is due to allow time for status to be granted.

E. Progress Payments to the Contractor

As a condition of progress payments to the Contractor, Metro will require that Contractor submit evidence of participation of and Contractor’s payment to all small businesses participating in any resultant Contract. This evidence shall be submitted with each invoice and shall include copies of subcontracts, subcontractors’ applications for payment, subcontractors’ certified payrolls, and proof of payment to small business subcontractors; and purchase orders, Invoices, and proof of payment to small business suppliers.

F. Metro Remedies for Misrepresentation

If, during the course of the Contract, Contractor fails to maintain the level of small business participation committed to in the Contractor’s Proposal, or if any material representation made in Contractor’s proposal concerning the small business status of any Subcontractor or Contractor’s involvement in the ownership, operation or management of any subcontractor claiming status as a small business is shown to be false. Metro may, at its sole option and in addition to any other remedies available under the Contract, at law or in equity, terminate the Contract. Further, in the event that Metro terminates the contract, the Contractor shall pay Metro’s full reprocurement costs, including, without limitation, any cost associated with reprocurement delays. Metro will institute debarment proceedings against any Offeror that misrepresents in a proposal any material fact concerning the small business status of itself or any subcontractor or Offeror’s involvement in the ownership, operation, or management of any subcontractor claiming status as a small business. In addition, Metro may, at its sole discretion, assess a charge representing the cost of all audit and legal time and expense incurred by Metro as a result of the Contractor’s failure to maintain the level of small business participation committed to in the Contractor’s proposal.



9. Other Information

The Offeror may provide additional information as they desire in the final section of their response to the Request for Proposals. The Proposal Committee may use this information as background material to support the proposal. It will not be used in the formal scoring of the proposal.

4.3 INQUIRIES

Any information which may have been released by MPO staff prior to the issuance of this Request for Proposals shall be disregarded.

Requests for clarification should be directed to the person(s) whose name appears on the title page. Questions should be submitted in writing by the published deadline. Any correspondence related to the RFP should refer to the appropriate RFP number, page, and paragraph number. However, the Offeror should not place the RFP number on the outside of an envelope containing questions, since such an envelope may be identified as a sealed proposal and not be opened until after the official RFP due date and time.

Significant inquiries made and answered at the conference will be summarized in writing for distribution via the MPO’s website at NashvilleMPO.org.

4.4 VERIFICATION OF INFORMATION

MPO staff may verify all information submitted as part of a Proposal. Submission of information deemed to be inaccurate may result in a determination of non‐responsibility of the Contractor by the MPC on behalf of the MPO, and a rejection of the proposal.

4.5 PROSPECTIVE OFFERORS CONFERENCE

A prospective Offerors’ conference will be held. The date and time of this conference are indicated on the title page of this document. Attendance is not mandatory. The purpose of this conference will be to clarify the contents of this RFP in order to prevent any misunderstanding. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented at this conference. The appropriate action will then be taken as necessary, and the MPC on behalf of the MPO may issue a written amendment to the RFP. Oral statements or instructions will not constitute an amendment to this Request for Proposal.

4.6 EXCEPTIONS

Any desired exceptions to the Scope of Services or terms and conditions of this RFP must be included in the proposal and must address the specific RFP paragraph where a conflict exists. An Offeror's preprinted terms and conditions WILL NOT be considered as exceptions.

4.7 PROPOSAL OPENING

Proposals shall be opened on the date and time and at the place designated on the cover page of this document, unless amended in writing by the MPC on behalf of the MPO. The name of each Offeror shall be publicly read and recorded in the presence of witnesses at this time. All offers and any modifications and other information received in response to the RFP shall be shown only to authorized personnel having a legitimate interest in them or persons assisting in the evaluation. After contract award, the successful proposal and evaluation document shall be open for public inspection in accordance with Offeror's Rights.



4.8 LATE PROPOSALS

Late proposals will not be considered. Any Offeror submitting a late proposal shall be so notified.

4.9 WITHDRAWAL OF PROPOSAL

At any time prior to the specified proposal due time and date an Offeror (or designated representative) may withdraw the Proposal.

4.10 AMENDMENT OF PROPOSAL

Receipt of a Request for Proposal Amendment or Clarification must be acknowledged by signing and returning the document to the MPC with the Proposal.

5.0 EVALUATION OF PROPOSALS

5.1 GENERAL

The proposals will be evaluated by a panel including, but not limited to, representatives of the MPO and its partner agencies.

Award shall be made to the responsible Offeror whose proposal is determined to be the most advantageous to the MPC on behalf of the MPO, taking into consideration the evaluation factors set forth below.

5.2 CRITERIA FOR PROPOSAL EVALUATION

Professional firms shall be evaluated on the following criteria. Each proposal will be ranked on a 1 to 10 scale for each of the evaluation criteria and multiplied by the weight factor. The scores on each factor will then be added to create the total score. The maximum score is 100.

WEIGHT CRITERION STANDARD

3.0 Assigned Personnel Do the firms/persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project?

3.0 Availability Can the work be completed in the necessary time? Are other qualified personnel available to assist in meeting the project schedule if required?

2.0 Project Understanding/ Technical Approach

Does the proposal reflect a thorough understanding of the MPO’s planning and modeling needs? Does it offer thoughtful and creative approaches to performing the requested tasks?

1.0 Cost Are the costs competitive with other proposals?

1.0 Small and Disadvantaged Business (SDB)

Does the response indicate Disadvantaged Business participation? SDB Participation? The higher the level of participation the more points possible in this category.



5.3 PERSONAL INTERVIEWS

Based upon the evaluation of the written proposals, the MPO may request the highest ranking teams to participate in an in‐person interview. Offerors will be subsequently ranked in order of ability to perform the work as demonstrated through the personal interviews.

5.4 REFERENCE EVALUATION

The MPO staff will check references of all firms being interviewed using the following criteria:

CRITERION STANDARD

Overall Performance Would you hire this professional/firm again? Did they have the skills required by the project?

Timetable Was the original Scope of Work completed within the specified time? Were deadlines met in a timely manner?

Completeness Was the professional/firm responsive to client needs? Did the professional/firm anticipate problems? Were problems solved quickly and effectively?

Budget Was the original Scope of Work completed within the project budget?

Job Knowledge Was the professional/firm fully versed in state‐of‐the‐art thinking in the project area? Was there a good understanding of the interrelated nature of transportation planning?

Questions Any questions raised at the proposal review committee meeting concerning the consultant.

5.5 CONSULTANT SELECTION

Working with the selection team, the MPO staff will provide the MPO Technical Coordinating Committee and Executive Board with a recommendation from a ranked list of competing Proposers. Selection of any firm except the top ranked firm must be "for cause," and that reason must be stated in the minutes of the MPO Executive Board. The Metropolitan Planning Commission must concur in the MPO Executive Board's decision.

5.6 CONTRACT NEGOTIATION

Based on the information submitted and internal budgetary considerations, the MPO may request adjustment of the submitted Scope of Work, if required. If negotiations cannot produce a contract, the MPO executive director can declare an impasse and open negotiations with the second ranked firm. If agreement cannot be reached with the second ranked firm, contract negotiations are begun with the third ranked firm. This process continues until all interviewed firms are exhausted.

5.7 AWARD OF CONTRACT

Notwithstanding any other provision of this RFP, the the MPO, expressly reserves the right to:

1. Waive any immaterial defect or informality, or



2. Reject any or all proposals, or portions thereof, or 3. Award contracts to one or more offerors as a result of this Request for Proposal, or 4. Reissue a Request for Proposal, or 5. Modify the number and types of data to be collected to meet budgetary limitations, or 6. Cancel the Solicitation.

5.8 OFFER AND ACCEPTANCE PERIOD

A response to a Request for Proposal is an offer to contract with the MPC, on behalf of the MPO, based upon the terms, conditions, scope of services and specifications contained in this Request for Proposal. Proposals are an irrevocable offer for ninety (90) days after the proposal opening time and date.

5.9 OFFEROR'S RIGHTS

All materials submitted in response to this RFP become the property of the MPO upon delivery and are to be appended to any formal documentation, which would further define or expand the contractual relationship between the MPC, on behalf of the MPO, and the Offeror.

6.0 MAJOR CONTRACT PROVISIONS This section indicates the major terms and conditions a prospective Offeror should be aware of in the development of a proposal. This list is not "all‐inclusive" but contains the major provisions that might affect the development of a proposal.

6.1 PAYMENT

Payment will be made in arrears only after submission of proper invoices to the MPC on behalf of the MPO. Billing shall represent all work completed prior to the invoice date, less a 10 percent retainage to be paid upon completion and acceptance of the work product for that task. The invoice shall identify the description of work performed at the contract rates, and individuals performing the services. Payment of any invoice shall not preclude the MPC from making claim for adjustment on any service found not to have been in accordance with the contract.

6.2 TAXES

The Metropolitan Government of Nashville and Davidson County is exempt from Federal Excise Tax, including the Federal Transportation Tax. Exemption certificates will be furnished upon request.

6.3 CONFLICT OF INTEREST

The MPC, on behalf of the MPO, reserves the right at any time to preclude offering a work assignment to a Contractor should a real, apparent or potential conflict of interest exist as determined by the MPC or MPO.

6.4 PERFORMANCE STANDARDS

The MPC, on behalf of the MPO, relies upon the Contractor to provide services in accordance with a contract and the performance standards set for each work assignment. The Contractor agrees that time is of the essence, and that contractual commitments shall be met.



6.5 CANCELLATION

Failure to perform any or all of the terms, promises and conditions of the contract, including the specifications, may be deemed a substantial breach thereof. Default may be declared at any time if, in the opinion of the MPC or MPO:

1. The Contractor fails to perform adequately the services required in the contract; 2. The Contractor attempts to impose on the MPC service or workmanship which is of an

unacceptable quality; or 3. The Contractor fails to make progress in the performance of the requirements of the contract,

and/or gives the MPC a positive indication that the Contractor will not or cannot perform to the requirements of the contract.

After notice of cancellation, the Contractor agrees to perform the requirements of the contract up to and including the date of cancellation, as though no cancellation had been made, and, notwithstanding other legal remedies which may be available to the MPC on behalf of the MPO because of the cancellation, agrees to indemnify the MPC on behalf of the MPO for its cost in procuring the services of a new Contractor.

The MPC on behalf of the MPO shall give the Contractor written notice of default. After receipt of such notice, the Contractor shall have five (5) days in which to cure such failure. In the event the Contractor does not cure such failure, the MPC on behalf of the MPO may terminate the whole or any part of the contract without further consideration by so notifying the Contractor in writing.

6.6 CONTRACT TERMINATION

The MPC, on behalf of the MPO, by written notice, may terminate the contract, in whole or in part, when it is deemed in the best interest of the MPO. If the contract is so terminated, the Contractor will be compensated for work performed up to the time of the termination notification. In no event shall payment for such costs exceed the current contract price.

6.7 AVAILABILITY OF FUNDS

If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled and the contractor may only be reimbursed for the reasonable value of any non‐recurring costs incurred but not amortized in the price of services delivered under the contract or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations available for such purposes.

6.8 CONFIDENTIALITY

The Contractor acknowledges that information disclosed to it concerning governmental operations during performance of a contract is confidential and/or proprietary to those governments shall not be disclosed to third parties without the prior written consent of those governments.

The Contractor shall establish and maintain procedures and controls for the purpose of assuring that no information in its records or obtained from jurisdictions and governmental entities in carrying out its functions under the contract shall be used or disclosed by it. The MPC reserves the right to review such procedures to ensure acceptability. Persons requesting such information should be referred to the MPC.

All proprietary information and all copies thereof shall be returned to the MPC/MPO upon completion of the work for which it was obtained or developed.



6.9 REMOVAL OF CONTRACTOR'S EMPLOYEES

The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The MPC on behalf of the MPO may require that the Contractor remove from the job project employees who endanger persons or property or whose continued employment under this study is inconsistent with the interest of the MPO.

6.10 CONTRACT TERM

The term of any resultant contract shall commence on the date of notice to proceed, unless terminated, canceled, or extended as otherwise provided herein.

6.11 CONTRACT EXTENSION

The MPC on behalf of the MPO reserves the right to unilaterally extend the period of any resultant contract for thirty‐one days beyond the stated expiration date. In addition, by mutual written agreement, any resultant contract may be extended for supplemental periods up to a maximum of one hundred twenty (120) days.

6.12 INSURANCE

Without limiting its liability, the selected consultant shall maintain, during the life of the contract: Worker's Compensation Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance, and Consultant's Professional Liability Insurance. As part of the contract developed from this RFP, the consultant shall include a Metropolitan Government standard form "Certificate of Insurance" as evidence of this coverage. The amounts of coverage shall be negotiated as part of the contract, but shall generally be sufficient to protect the MPC and the MPO from liability as a result of this study. This coverage may not be canceled, reduced or allowed to lapse without written notice to MPC.

6.13 LOBBYING

The selected consultant certifies that no federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, and entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

6.14 SUSPENSION AND DEBARMENT

The selected consultant warrants that no part of the total Contract Amount shall be paid directly or indirectly to entities who are debarred or suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 of February 18, 1986 (3 CFR, 1986 Comp., p. 189).



ATTACHMENTS 1. AFFIDAVITS

2. PROCUREMENT NONDISCRIMINATION PROGRAM FORMS & SUBMISSION PROCEDURES

ATTACHMENT 1. AFFIDAVITS

This is a requirement, not an evaluation criterion receiving points.

Affidavits

State of _____________________ in the County of ____________________ As used herein, “Offeror” will include bidders and proposers. Compliance with Laws: After first being duly sworn according to law, the undersigned (Affiant) states that he/she is the ____________________________________(Position Title) of _______________(Offeror’s Firm/Organization), and that Offeror is presently in compliance with, and will continue to maintain compliance with, all applicable laws. Taxes and Licensure: Thus, Affiant States that Offeror has all applicable licenses, including business licenses, copies of which are attached hereto. Finally, Affiant states that Offeror is current on its payment of all applicable gross receipt taxes and personal property taxes. M.C.L.4.20.065 Nondiscrimination: Offeror, after being first duly sworn, affirms that by its employment policy, standards and practices, it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age or sex, and are not in violation of, and will not violate, any applicable laws concerning the employment of individuals with disabilities. With regard to all aspects of this contract, Offeror certifies and warrants it will comply with this policy. M.C.L.4.28.020 Employment Requirement: Offeror, declares that neither the prime, subcontractors, sub-consultants, nor providers of day laborers employ any person who is not a legal resident of the United States. Any contractor who knowingly violates the provisions of this section is subject to debarment or suspension. M.C.L.4.40.60 Contingent Fees: It is a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a METRO contract upon an agreement or understanding for a contingent commission, percentage, or brokerage fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. After first being duly sworn according to law, the undersigned (Affiant) states that the Offeror has not retained anyone in violation of the foregoing. M.C.L.4.48.080 And Further Affiant Sayeth Not: By: ______________________________________________ Title: __________________________________________ Address: _____________________________________________________________________ Sworn to and subscribed before me on this ____________day of ___________(Month), 2012. __________________________________________ Notary Public My commission expires: ____________________________

The provision of false information is a material breach.

ATTACHMENT 2. PROCUREMENT NONDISCRIMINATION PROGRAM

Demonstrating compliance with the Procurement Nondiscrimination Program requires the submission of the following forms:

1. Statement of Good Faith Efforts (GFE)- This completed form is required at the time of bid/proposal submission. Each of the first three listed statements must be initialed by an authorized company official indicating that the prime contractor has made all of the good faith efforts required by the Procurement Nondiscrimination Program. The first three items on this form must be initialed. Prime contractors should initial any of the additional good faith efforts listed subsequently on the form as they are applicable. Please note that timely outreach should be conducted providing firms adequate and reasonable time to respond.

This form must be signed by a principle of your company and dated.

2. Statements of Interested, Notified, and Successful Subcontractors – This completed form is required at the time of bid/proposal submission to provide Metro with information regarding your outreach efforts. The first section of this form should list those firms that have contacted you as well as those with whom you have made contact regarding potential participation on this project. The second section of this form should list the MWBE subcontractors with whom you have decided to work with on this project if awarded. Also, only MWBE firms certified by certifying entities recognized by Metro can be considered for GFE outreach.

Submitted forms should be fully completed and specify the MWBE company names, individual(s) contacted, date contacted, M/WBE Certificate Type, percentage of total contract value to be awarded, a description of the work to be performed, and the UNSPS Code of the work. A copy of the codes can be provided upon request to the BAO.

NOTE: Reasons for declining offers made by potential MWBE partners must be noted on this form. If a bid was submitted by the MWBE, the amount of the bid must be included on this form.

This form must be signed by a principle of your company and dated.

3. Letter of Intent to Perform as a Subcontractor/Joint Venture--This form is to be completed and submitted by the apparent successful participant by the end of the second business day following notice of intent to award from Metro. It should specify the names of the MWBE’s with whom the prime contractor intends to subcontract or joint venture. Additionally it should detail the work to be performed, the total value of the MWBE participation on the contract in dollars and percentage and must be signed by both the MWBE subcontractor/joint venture partner AND the prime contractor and dated. NOTE: A separate form must be completed for each individual MWBE subcontractor/joint venture partner noted on Part II of the Statements of Interested, Notified, and Successful Subcontractors.

Any additional questions regarding required detail and documentation to demonstrate Procurement Nondiscrimination Program compliance should be directed to the Business Assistance Office at 615-880-2814. Please specify the RFP/ITB to which the question is applicable.

Business Assistance Office (BAO)

Metropolitan Government of Nashville

Procurement Nondiscrimination Program Form Submission Procedures

GOOD FAITH EFFORTS

Subject: Proposal for ___________________________________________________________ (Name of Project) Pursuant to the requirements for Participants under the Procurement Nondiscrimination Program, and in consideration of the privilege to submit Proposals on contracts funded, in whole or in part, by the Metropolitan Government, I/We, attest that I/We have made the following efforts to ensure that potential MWBE subcontractors were notified of the opportunity to participate as a subcontractor or joint venturer on this project.

I/We have made efforts to include MWBE’s, certified by certifying entities recognized by the Metropolitan Government, in the procurement process and to ensure that businesses are not discriminated against on the basis of race, ethnicity or gender;

I/We have delivered written notice to three available MWBEs certified by certifying entities recognized by the Metropolitan Government for each potential subcontracting or supply category in the Contract AND all potential subcontractors or vendors which requested information on the Contract.

I/We have provided all potential subcontractors or vendors with adequate and timely information as to the plans and specifications of this project as well as information necessary to provide a bid or quote as well as and the last date and time for receipt of price quotations.

Additionally, _________________________ has made the following Good Faith Efforts to include MWBEs as subcontractors or joint venturers on this project.

I/We have attended a special meeting called to inform business and individuals of subcontracting or supply opportunities.

I/We have, in accordance with normal industry practices, divided the contract into economically feasible segments that can be performed by a MWBE.

I/We have provided a written explanation for rejection of any potential subcontractor or vendor to the BAO, included the name of the firm proposed to be awarded the subcontract or supply agreement, where price competitiveness is not the reason for rejection.

I/We have actively solicited, through sending letters or initiating personal contact, MWBEs in all feasible and appropriate categories providing subcontracting opportunities for the contract under consideration.

I/We have utilized the services of available community organizations and associations, contractors’ groups, and trade associations known to publicize contracting and procurement opportunities, for the purpose of obtaining assistance in the contacting and recruitment of MWBEs for the Metropolitan Government contract under consideration.

I/We have advertised in publications of general circulation in the Nashville Metropolitan Statistical Area (“MSA”), trade publications and other media owned by, or otherwise focused or marketed to MWBEs, and the advertisement identifies and describes the specific subcontracting or other opportunity in reasonable detail.

I/We have conducted discussions with interested MWBEs in good faith, and provided the same willingness to assist MWBEs as has been extended to any other similarly situated subcontractor.

I/We have taken steps to ensure that all labor supervisors, superintendents, and other on-site supervisory personnel are aware of and carry out the obligation to maintain a nondiscriminatory work environment, free of harassment, intimidation, and coercion at all construction sites, offices and other facilities to which employees are assigned to work.

____________________________________________ ____________________________ Printed Name of Company Official Date ____________________________________________ ____________________________ Signature Title of Company Official ____________________________________________ ____________________________ Full Company Name Mailing Address ____________________________________________ ____________________________ Area Code/Phone Number City, State, Zip Please contact the Business Assistance Office (615) 880-2814 with any questions about information which may be required.

STATEMENTS OF INTERESTED, NOTIFIED AND SUCCESSFUL SUBCONTRACTORS

Please complete this form to provide Metro with information regarding your outreach efforts. Please include information appropriately regarding those certified MWBEs that you contacted, who contacted you and those that you have decided to work with on this project. Please add additional copies of this sheet as necessary so that you may list ALL MWBEs with whom you’ve had contact. Please contact the Business Assistance Office with any questions at 615-880-2814. Part I of this form must be completed and Part II should be completed if you have identified MWBE firms with whom you will work on this project.

Project Name RFP/ITB Number . As part of our regular and customary good faith efforts to include MWBE subcontractors, suppliers and joint venturers, (Company Name)______________________ has contacted or was contacted by the following certified MWBEs related to our bid/proposal.

Part I Business Name & Contact Phone

No MBE/WBE Certificate Type

Date of Contact

Method of Contact

Who Initiated Contact?

If Bid Submitted, Amount of Bid*

Offer Accepted or

Declined

Reason(s) for Declining

*STATEMENT OF BID/PRICE QUOTATION

Having submitted a Proposal/bid for the above referenced project, if awarded the resulting contract or Purchase Order, (Company Name) ____________________________________________ advises that contingent upon award of the contract to our company, our subcontractor, suppliers, or joint venture partnership participation is projected to be as follows:

Part II

Name____________________________________ Title_________________________________ Date_________________

Business Name & Contact Phone No MBE/WBE Certificate

Type

Dollar value Estimated % of total contract value

UNSPS Code # for work to be performed

Work to be performed

Letter Of Intent to Perform As A Subcontractor/Joint Venture

This form is to be completed and submitted by the apparent successful participant by the end of the second business day following notice of intent to award.

Proposal for . (Name of Project)

Offeror Name .

The undersigned has agreed to perform work in connection with the above project as:

a subcontractor a joint venture Detailed description of work items to be performed:

.

.

At the following price(s): $ . The total value of MWBE participation under this Subcontractor/Joint Venture Agreement is $ ; which is estimated to be % of the total Proposal.

. Signature of Subcontractor/Joint Venturer

Printed Name:________________________________________________________

Title: ______________ ________________________________________________

Date:____________________________________________ The undersigned will enter into a written agreement with the above subcontractor for the work described upon award and execution of a contract with The Metropolitan Government.

. Signature of Offeror

Printed Name:________________________________________________________

Title: ______________ ________________________________________________

Date:____________________________________________

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Guidelines for Assistance to Small Businesses I. Assistance to Small Businesses as Prime or Subcontractor for Construction and/or Other

Services The Metropolitan Government of Nashville and Davidson County (Owner) has established

guidelines, which provide incentives to maximize the participation of Small Businesses as Prime or Subcontractor for construction and/or other services.

II. Small Businesses as Prime or Subcontractor for Construction and/or Other Services

This section provides the definition of a Small Business as contained in the Metropolitan Procurement Code, and the additional criteria for Small Business status as set forth in the Regulations to the Metropolitan Procurement Code.

A Small Business satisfies all of the following criteria:

A) United States business which is independently owned and operated, and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation;

B) Either has no more than the following number of employees or has no more than the following annual sales volume for the applicable industry; and

C) Meets the following additional criteria:

1. Has demonstrated capability to perform independently a substantial portion of the

contract they seek, or a substantial portion of the subcontract for which they are proposed by a bidder or offeror, as specified by the Purchasing Agent;

INDUSTRY

ANNUAL SALES VOLUME

MAXIMUM NUMBER OF EMPLOYEES*

Agriculture, Forestry, Fishing $500,000 9 Architectural/Design/Engineering $2,000,000 30 Construction $2,000,000 30 Educational $1,000,000 9 Finance, Insurance, Real Estate $1,000,000 9 Information Systems/Technology $2,000,000 30 Manufacturing $2,000,000 99 Marketing/Communications/Public Relations $2,000,000 30 Medical/Healthcare $2,000,000 30 Mining $1,000,000 49 Retail Trade $750,000 9 Service Industry $500,000 9 Transportation, Commerce, and Utilities $1,000,000 9 Wholesale Trade $1,000,000 19

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2. Not share or jointly use office space, production, marketing and sales, business support systems, personnel, or equipment with any business not classified by Metro as a small business (i.e., a large business);

3. Has existed as a legal business entity for a minimum of one year (twelve months of continuous business enterprise), performing independently and satisfactorily and achieving a minimum of $35,000.00 sales income (collected sales dollars not simply booked sales);

4. Not be owned, controlled, or directed by individuals or groups of individuals who own, control, or direct a large business involved in the same category of work as the business for which small business status is sought;

5. If a supplier, be an authorized regular distributor with normal wholesale agreements for the Product or products to be supplied; and

6. If a construction contractor, be licensed as required by the state to perform the work for which it has submitted a bid or has been proposed by a prime as a subcontractor.

*NOTE: Employee means a person (or persons) employed on a full-time (or full-time equivalent), a permanent basis. Full-time equivalent includes employees who work 30 hours per week or more. Full-time equivalent also includes the aggregate of employees who work less than 30 hours a week, where the work hours of such employees add up to at least a 40 hour workweek. The totality of the circumstances, including factors relevant for tax purposes, will determine whether persons are employees of a concern. Temporary employees, independent contractors or leased employees are not employees for these purposes. The owner(s) are excluded from this classification.

SMALL BUSINESS STATUS

If Firms desire to claim the status as a small business, they must 1) Be registered to do business with Metro at https://smartrac.nashville.gov/newvendorlogin.aspx , and 2) Have been approved as a small business through the submission to Metro of

documentation to confirm small business status including a copy of their two most recently submitted business tax returns as well as IRS form 941-Employer's Quarterly federal tax return.

This information will be reviewed Metro’s BAO and used to confirm the small business status. Small business status must be approved by Metro prior to submission. While Metro commits to having documents reviewed and status granted as quickly as possible after the receipt of the necessary documentation, to be safe, documents should be submitted no later than four days before the proposal opening date to allow time for status to be granted.

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List of Proposed Small Businesses for RFP ____________

Offeror Name: ______________________________________ Notice: Small businesses listed must be registered with Metro and small business status must be approved by Metro prior to proposal submission. Registration can be completed online at: https://smartrac.nashville.gov/newvendorlogin.aspx

INSTRUCTIONS: If the Offeror is a small business, the Offeror should also be included in this list. If more than six (6) Small Businesses are to be listed, please attach an additional sheet. For the “Industry of Work to be Performed by this Small Business” column, you must enter an Industry listed here:

Agriculture, Architectural/Design/Engineering; Educational; Information Systems/Technology; Marketing/Communications/Public Relations; Medical/Healthcare; Forestry, Fishing; Mining; Construction; Manufacturing; Wholesale Trade; Retail Trade; Finance, Insurance, Real Estate; Transportation, Commerce, and Utilities; Service Industry

Submission of a proposal shall constitute Offeror’s representation that neither Offeror nor an officer, agent or employee of Offeror, or the spouse, parent or child of an officer, agent or employee of Offeror, is involved in the ownership, operation or management of any subcontractor claiming status as a small business for purposes of this Proposal and Contract. Name and Title of Person submitting this form

Small Business Name

Small Business Address, Phone Number and email

address

Industry of Work to be Performed by this

Small Business (see Instructions below this

table)

Phase in project when

Small Business is anticipated to perform

work

Minimum Amount &

Percentage of total contract dollars to be

spent with this Small

Business

1.

2.

3.

4.

5.

6.

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