Santa Barbara County Association of Governments. Request for Proposals. for. Central Coast Origin-Destination Survey

Transcription

1 Santa Barbara County Association of Governments Request for Proposals for Central Coast Origin-Destination Survey Issued: May 6, 2014 Questions Due: May 27, 2014 Deadline for Submission: 4 p.m. June 13, 2014 Submit all questions and proposals to: Scott Spaulding, Project Manager SBCAG 260 North San Antonio Rd. Santa Barbara, CA sspaulding@sbcag.org

2 Contents Introduction... 1 Scope of Work & Project Deliverables... 1 RFP Timetable... 4 Proposal Submittal... 4 Submittal Questions and Addenda... 4 Project Manager... 5 Proposal Content & Scoring... 5 Selection Process... 6 Contractual Information and Payment Schedule... 7 Terms & Conditions... 7

3 Introduction/Goal and Purpose of Project The Santa Barbara County Association of Governments (SBCAG) has issued this Request for Proposal (RFP) for the Central Coast Origin-Destination Survey. The Origin-Destination Survey will gather information on the travel behavior of people who make regional and inter-regional trips on U.S. 101 in and between Ventura, Santa Barbara, and San Luis Obispo counties. The survey will be designed to collect origin/destination information, demographic, frequency, purpose, and other information about the travel patterns of U.S. 101 users. The data will be used to help calibrate SBCAG s regional travel demand model and to improve the design and delivery of regional transit and rail services. Information collected will also be used to inform local, regional, state and federal transportation stakeholders about the importance of U.S. 101 to the economy of the central coast, state and nation. SBCAG has partnered with the San Luis Obispo Council of Governments and the Ventura County Transportation Commission to implement this survey, but SBCAG is the primary point of contact and will manage the project. Scope of Work & Project Deliverables The following provides details of the scope of services required under this contract. Respondents to this RFP should build on this general description by proposing a scope of work with specific sub-tasks as deemed appropriate. Some tasks may require additional information from respondents as called out under the description of each task. Respondents should also refer to the Proposal Content & Scoring section for additional requirements. Additional tasks and work elements may be added or deleted during contract negotiations. At the option of SBCAG and upon conclusion of the negotiation process, the selected consultant will be required to prepare a final work plan and schedule for inclusion into a final contract. The project is anticipated to take months following the award of a contract, but all work must be completed before February Task 1: Identify Method for Vehicle Intercept SBCAG is aware of several different approaches to conduct this survey, including video license plate recognition, Bluetooth data collection, cell phones and/or GPS units. Roadside intercept surveys are not an option for this project. Should there be alternative methods or a combination of methods that are more cost effective or provide a better response rate, SBCAG will consider those methods. For this task, respondents should provide the advantages and disadvantages of at least two survey methods or combination of methods and recommend a preferred approach. When considering the advantages and disadvantages of each method include, but do not limit your response to: cost, response rate, and the general effectiveness of the methodology in accomplishing the goal of the project. Of the maximum contract amount of $215,000, proposers should budget for incentives for respondents to increase the response rate for the survey. 1

4 The survey is intended to focus on capturing data regarding six primary regional commute patterns and two secondary commute patterns (see Table 1). Proposers must indicate how many of the priority and secondary commute patterns they could survey with the $215,000 budget. If there are additional or alternative collection points that the proposer feels would better accomplish the goals of the survey and to capture data regarding these commute patterns, these should be included in the proposal. Table 1 PRIMARY COMMUTE PATTERNS Route Commute Pattern Possible Collection Area 101 Ventura County South Santa Barbara County Bailard Ave. 101 Lompoc South Santa Barbara County Gaviota Rest Stop 101 Santa Maria South Santa Barbara County South of Clark Ave. 154 Santa Ynez Valley South Santa Barbara County Armour Ranch Rd. 101 San Luis Obispo - Santa Maria Broadway 101 San Luis Obispo North San Luis Obispo County Cuesta Grade SECONDARY COMMUTE PATTERNS 46 Paso Robles - Shandon Shandon 101 San Luis Obispo County Monterey County San Miguel Deliverable 1a: Clear outline of methodology for survey Task 2: Survey Coordination and Planning The contractor will be required to coordinate the survey process with local jurisdictions, Caltrans, the California Highway Patrol, the Department of Motor Vehicles and other relevant parties, including other consultants if appropriate. SBCAG will help to facilitate this process; however the contractor should be comfortable communicating specific needs in order to ensure a smooth deployment. Any work conducted in Ventura County shall be done with notification of and coordination with the Ventura County Transportation Commission, and any work performed in San Luis Obispo County shall be done with notification of and coordination with the San Luis Obispo Council of Governments. The primary purpose of this survey is to expand the knowledge base regarding the travel patterns of regional and interregional commuters. A sampling volume that provides a statistically valid data set should be identified. The sample size should account for the estimated response rate based on roadway type and method of survey. If the license plate recognition system is used the sample size should also account for the plate match rate. The survey should occur during commute hours on a Tuesday, Wednesday and/or Thursday or a combination thereof and should be implemented to account for any seasonal variation in traffic volumes. It is anticipated that a multi-day collection methodology will be necessary to be able to distinguish with confidence commuters from non-commuters. 2

5 Respondents should provide a timeline showing deployment of the recommended survey method. In addition, proposers should provide a list of the relevant agencies that would need to be contacted, and the firm s experience in pulling permits and coordinating surveys with similar agencies should be described in the proposal. Deliverable 2a: Sample size identified based on estimated response rate. Deliverable 2b: Timeline and permissions from necessary authorities for survey process. Task 3: Develop Survey Instrument and Collection of Raw Data The design, wording and construction of the survey instrument shall be carefully considered. In conjunction with its funding partners, the SBCAG project manager will provide input into and final approval of the survey instrument, which is not expected to exceed two pages. At a minimum, the survey should obtain the following information: Origin and destination addresses or intersections Purpose of the trip Arrival and departure times of the trip, including round trip if applicable Frequency of the trip Number of vehicles available in the household Number of passengers in the vehicle at the time of the trip Household income Household size Numbers of workers in household Household type (SFR, apartment, etc.) Age Work schedule Employer and current length of employment Awareness of alternatives to driving for trip purposes Transportation benefits provided by employer Respondents should include in their proposal a list of data for the survey instrument not included above and suggest methods or techniques, including incentives funded from the $215,000 budget amount, which will result in the highest response rate. In addition to the survey instrument, if a license plate survey is recommended for implementation, the following raw data should be collected and categorized: Type of vehicle (car, bus, truck) Registration zip code Travel pattern/collection points for vehicles 3

6 Deliverable 3a: Survey Instrument & response incentives. Task 4: Report Survey Results and Data Analysis A final report describing the survey process and a thorough analysis of the results is required. The report should include technical documentation and should be made available in electronic and hard copy format. A draft report shall be provided in order for the funding partners for this survey to provide comments and feedback prior to submission of a final report. Deliverable 4: Final survey report including tables, methodologies, and descriptions of survey results. RFP Timetable Task Completion Date Release RFP 5/06/2014 Questions Due 5/27/2014 Post responses to questions 5/28/2014 Responses Due 6/13/2014 Consultant interviews 6/23/2014 Consultant Selection 6/26/2014 Contract Negotiation Complete 7/08/2014 SBCAG Board Approval of Contract 7/17/2014 Proposal Submittal Proposers must submit five printed copies and one digital copy (in PDF form) of the proposal to the Project Manager. All proposals must be received by SBCAG before June 13, 2014 at 4pm (PST). Until award of the contract, the proposals shall be held in confidence and shall not be available for public review. Upon award of a contract to the successful Proposer, all proposals shall become public record. No proposal shall be returned after the date and time set for opening thereof. Submittal Questions and Addenda All questions regarding the RFP should be received no later than May 27, 2014 by phone or to Scott Spaulding, Project Manager, at /sspaulding@SBCAG.org. All questions received by the project manager will be responded to in writing and posted on the SBCAG website no later than May 28, If an addendum is issued to the RFP it will be posted on the SBCAG website on or before May 30, 2014 at 5 p.m. PST. It is the responsibility of proposers to determine if addenda have been issued. Any addenda to the RFP will become part of the RFP. 4

7 Project Manager Scott Spaulding Santa Barbara County Association of Governments 260 North San Antonio Rd., Suite B Santa Barbara CA Proposal Content & Scoring Participation of qualified disadvantaged and minority-owned firms in this project is strongly encouraged. Each proposal, to be considered responsive, must include the following: (1) A copy of the consultant's affirmative action policy (applicable for firms with 50 or more employees). (2) Discussion of the consultant's program for use of DBEs in the performance of this work, including the following: The names and addresses of DBE firms that will participate The description of the work each named firm will perform The dollar amount of participation by each DBE firm (3) A conflict of interest statement (see Terms and Conditions, section F). Proposals should include the following sections and should not exceed 25 pages, excluding resumes and attachments with any supplemental information. Incomplete proposals will be considered nonresponsive and will not be evaluated. 1. Transmittal Letter Include the name, title, address, phone number, address and original signature of an individual with authority to negotiate on behalf of and contractually bind the consultant or consulting firm, and who may be contacted during the period of proposal evaluation. Only one transmittal letter need be prepared to accompany all copies of the technical and cost proposals. 2. Table of Contents Provide a listing of the major sections in the proposal and the associated page numbers. 3. Introduction (5 points) Provide an overview and framework for the proposal as well as the consultant. This section should demonstrate a strong understanding of the background and purpose of the project. 4. Technical Methodology (20 points) Describe all relevant methodology and technology proposed for use in conducting the survey. Identify consultant expectations of SBCAG staff and resources, and other agency staff and resources that are needed by the consultant. 5

8 5. Project Schedule/Management (20 points) Prepare a milestone chart and supporting narrative which thoroughly identifies activities, deliverables and deadlines as described in the scope of work along with all associated tasks. The milestone chart must identify the critical path between activities, tasks, resource requirements, and deliverables. Describe how the consultant will keep the Project Manager informed regarding progress of the project. 6. Qualifications and Experience (25 points) The proposal must describe the qualifications and experience of each professional who will participate in the project, including a resume for each member of the consultant team. Describe the experience the project team has in coordinating the deployment of surveys with Caltrans, the DMV, the California Highway Patrol, local jurisdictions and any other relevant agencies. Examples of prior work, including survey instruments and final reports, should be included as attachments to the proposal where applicable. A minimum of two professional references should be included in the proposal. If the firm is submitting a joint proposal summarize how the firms will work together. A project manager must be designated, and an organizational chart showing the manager and all project staff must be included. If a subcontractor will be used, the Proposer must include a letter from the subcontractor committing to perform at least the work shown for subcontractor in the above-referenced chart. Any staffing changes to the consultant team after the contract has been awarded must be approved, in writing, by the SBCAG Project Manager. Include references with contact information in the proposal. 7. Cost Proposal and Effectiveness (30 points) Proposals are not to exceed $215,000 for the combined cost of completing all required tasks and deliverables, including incentives to increase the response rate for the survey. Identify all consultant and subcontractor staff in hours and total expenditures allocated to each task identified in the project management chart, or provide a supporting chart with this information. Discuss the cost effectiveness of the proposal. If a license plate survey is recommended, include the number of hours/days of data collection and why the recommended number of hours/days is sufficient to accomplish the goals of the project. Selection Process SBCAG and its partners will review all submitted proposals. Some proposers may be invited to appear for oral interviews on June 23, 2014 at the SBCAG office to explain their project approach and methodology. The panel will reach a consensus and make recommendations to the SBCAG Executive Director following evaluation of 1) written proposals and 2) performance at the oral interview. SBCAG reserves the right to select a consultant based solely on written proposals and to not convene oral interviews. SBCAG s Executive Director will review the recommendation and make a recommendation to the SBCAG Board of Directors. If the Board of Directors selects a different consultant than the one recommended, the Project Manager, in consultation with the SBCAG Executive Director, will prepare a memo explaining the selection. 6

9 Contractual Information The contract agreement for the Central Coast Origin Destination Survey will be between SBCAG and the Consultant. The consultant will invoice SBCAG monthly for services rendered, and SBCAG will compensate the consultant for these services as set forth in the agreement. Funding for consultant services will be provided by SBCAG under a grant agreement with Caltrans. Terms & Conditions A. Limitations This RFP does not commit SBCAG to award a contract, to pay any pre-contractual expenses, or to procure or contract for services or supplies. SBCAG expressly reserves the right to reject any and all proposals or to waive any irregularity or informality in any proposal or in the RFP procedure and to be the sole judge of the responsibility of any Proposer and of the suitability of the materials and/or services to be rendered. SBCAG reserves the right to withdraw this RFP at any time without prior notice. B. Award SBCAG may ask RFP finalists to present oral briefings of their proposals. All finalists may be required to participate in negotiations and submit such price, technical, or other revisions of their proposals as may result from negotiations. SBCAG also reserves the right to award the contract without oral briefings or discussion, based upon the initial written proposals. Accordingly, each initial proposal should be submitted on the most favorable terms from a price and a technical viewpoint. C. Verbal Agreement or Conversation No prior, current, or post award verbal conversations or agreement(s) with any officer, agent, or employee of SBCAG shall affect or modify any terms or obligations of the RFP, or any contract resulting from this RFP. D. Pre-contractual Expenses Pre-contractual expenses include any expenses incurred by Proposers and selected contractor in: Preparing proposals in response to this RFP Submitting proposals to SBCAG Negotiations with SBCAG on any matter related to proposals. Other expenses incurred by a contractor or Proposer prior to the date of award of any agreement. SBCAG shall not be liable for any pre-contractual expenses incurred by any Proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. SBCAG shall be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP. 7

10 E. Signature The proposal will also provide the following information: name, title, address, and telephone number of individual with authority to bind the consultant or consultant firm and also who may be contacted during the period of proposal evaluation. The proposal shall be signed by an official authorized to bind the consultant or consulting firm and shall contain a statement to the effect that the proposal is a firm offer for at least a ninety (90) day period. Execution of the contract is expected no later than July 18, F. Conflict of Interest Statement Consultants and consultant firms submitting proposals in response to this RFP must disclose to SBCAG any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided under Agreement for consultant services to be awarded pursuant to this RFP. If the consultant or firm has no conflict of interest, a statement to that effect shall be included in the proposal. The selected consultant shall refrain from and disclose subsequent potential conflicts during this contract. G. Contract Arrangements The successful consultant is expected to enter into an agreement based on the SBCAG Standard Professional Services Contract, available on the SBCAG website. G1. Disadvantaged Business Enterprise (DBE) Policy: It is the policy of the U.S. Department of Transportation(USDOT) that minority-and women-owned business enterprises (hereby referred to as DBEs) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. G2. DBE Obligation: The recipient or its subcontractor agrees to ensure that DBEs have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of USDOT assisted contracts. G3. Title VI of the Civil Rights Act of 1964: The contractor agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the U.S. Department of Transportation issued there under in 49 CFR Part 21. G4. Equal Employment Opportunity: In connection with the performance of the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex or national original. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8

11 H. Americans with Disabilities Act (ADA) Provisions To comply with the nondiscrimination requirements of the Americans with Disabilities Act (ADA), it is the policy of SBCAG to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications of the procurement process, you may contact the SBCAG representative listed in this RFP. In order to ensure the proposal is in compliance with Federal ADA guidelines, Proposers should review the Federal ADA guidelines. SBCAG Protest Procedures PURPOSE AND APPLICABILITY The procedures described in this section have been established to ensure uniform, timely, and equitable consideration of all complaints received by SBCAG concerning its procurement activities. The following protest procedures shall be employed for procurements conducted by SBCAG. Such protests shall be applicable only to procurements wherein SBCAG requests bids, proposals or offers for goods or services financed in whole or in part by public funds. Procurements involving FTA funds are subject to additional protest procedures established by that agency. Procedures applicable to FTA-funded procurements are so identified. DEFINITIONS The following definitions apply to terms used in this section: DAYS: Unless otherwise specified, refers to SBCAG working days. FILE OR SUBMIT: Refers to the date of receipt by SBCAG. INTERESTED PARTY: All bidders or proposers involved in an SBCAG procurement. This may also include a subcontractor or supplier who shows substantial economic interest in a provision of the IFB or RFP, or in the interpretation of such provision. BID: Refers to and includes: i) the terms offer and proposal as employed in this document; ii) sealed bids; iii) competitive negotiation, and; iv) non-competitive negotiation. BASIS FOR PROTEST If in the course of a procurement action an interested party has reason to believe that: a) free and open competition does not exist, or; b) SBCAG solicitation documents contain restrictive specifications, such party may file a protest in accordance with the procedures described herein. 9

12 In addition to the above, protests may be filed based upon the following factual or alleged circumstances: (a) Violation of federal, state or local law or regulation; (b) Sole source procurements; (c) Failure to adhere to evaluation criteria set forth in solicitation documents, or use of additional criteria not so published; (d) Changes to evaluation criteria made during the evaluation process; (e) Local or DBE preferences; (f) Solicitation advertising violating applicable laws or regulations; (g) Provision of inadequate time to prepare a proposal. Protests of SBCAG procurements filed by interested parties shall be considered in two general categories: 1) those filed prior to contract award, and; 2) protests occurring after contract award has been made. PRE-AWARD PROTESTS The following procedures shall be followed for all protests filed prior to award of contract: 1. Protests must be filed no later than five (5) days prior to the date established in the solicitation for receipt of bids or proposals. Protest information requests and follow-up arguments that are submitted after the protest submission deadline, will not be considered to be part of the protest by SBCAG. 2. Protests must be submitted in writing to the attention of the Deputy Director for Programming. The written protests shall include: (a) The name, address, and telephone number of the protestor; (b) The SBCAG solicitation number and project description; (c) A statement of the grounds for the protest, accompanied by all supporting documentation. All grounds must be fully supported with documentation; (d) The resolution sought from SBCAG by the protestor. 3. The Deputy Director for Programming shall receive the protest and issue written notification to the protestor within (5) five days that the matter is undergoing review. Notice of the protest shall be given in writing to all known recipients of solicitation documents. 10

13 4. Procurement activity shall be suspended pending resolution of a protest unless one or more of the following conditions exists: (a) The goods or services being procured are urgently required; (b) Delivery or performance will be unduly delayed by failure to make an award promptly; (c) Failure to make prompt award will result in termination of a critical SBCAG function or activity or otherwise cause undue harm to SBCAG, or; (d) The Executive Director prepares a written finding that such protest is clearly frivolous in nature, and therefore does not warrant a disruption of the procurement process. The Deputy Director for Programming shall be responsible for making a written determination that circumstances require SBCAG to proceed with procurement during a pending protest. Unless such determination is made the procurement shall be suspended pending resolution of the protest. All parties known to have received solicitation documents shall be notified in writing of such suspension by the Deputy Director for Programming. 5. All protests received within the specified period shall be examined by the Deputy Director for Programming who shall evaluate the matter and, within seven (7) calendar days, forward a recommendation concerning its disposition to the Executive Director. No additional material shall be accepted for consideration during the protest review unless specifically requested in writing by SBCAG. 6. The Executive Director may attempt to resolve the protest with the affected party. If: a) after receipt of recommendations from the Deputy Director for Programming, the Executive Director elects not to attempt such resolution, or; b) if resolution is attempted but not achieved, the protesting parties may appeal to the SBCAG Board of Directors (hereinafter Board ) after thirty (30) calendar days and within thirty-five (35) calendar days after receipt of the protest submittal. Failure to appeal to the Board shall be a waiver of any other rights under the SBCAG Protest Procedures. For these purposes resolution shall mean the written withdrawal of a protest by the originating party. 7. The Board shall formally consider the protests at a public meeting within forty-five (45) calendar days after the date on which the matter was appealed to the Board. The Board may elect to appoint a sub-committee to review the protest and make a recommendation to the Board at the public meeting. Protesting parties shall be notified in writing of the date on which their matters shall be considered by the Board. Such parties shall be afforded an opportunity to present their case at the Board meeting. 11

14 8. The Board shall then make a formal decision on such protests at a public meeting. The decision of the Board, along with a formal record of the protest, shall become a matter of public record, and shall be considered final. The Deputy Director shall notify protesting parties in writing of any protest decision made by the Board. Except under conditions described in item 4 above, such decision by the Board shall be made prior to award of any contract related to the subject procurement. 9. Should the Board deny the protest, SBCAG may proceed with the procurement process. In the case of FTA funded procurements no contract shall be awarded within five (5) days following the Board s decision unless such award is necessary due to circumstances described in item 4 above. If the decision of the Board is to uphold the protest, then SBCAG shall proceed pursuant to Board direction. POST-AWARD PROTESTS Protests received after award of contract shall be considered only if received within five (5) days following the date on which the Executive Director s award recommendation is made. Post-award protests received after that time shall not be considered. Protest information requests and follow-up arguments that are submitted after the protest submission deadline, will not be considered to be part of the protest by SBCAG. Post-award protests shall be processed in the same fashion as that employed for pre-award protests. However, the award shall remain valid and procurement activities shall continue unless the Executive Director determines in writing that suspension of such award is necessary pending protest resolution. In that event the awardee shall be so notified in writing, and the Deputy Director shall effect an agreement with the Contractor for suspension of activity. ADDITIONAL PROTEST PROCEDURES FOR FTA-FUNDED PROCUREMENTS FTA Protest Review Procedures SBCAG shall inform protesting parties that circumstances under which FTA will accept and review protests are limited to the following: (a) The alleged failure of SBCAG to have written protest procedures; (b) The alleged failure of SBCAG to follow such procedures; (c) The alleged violation by SBCAG of a specific federal requirement which provides an applicable complaint procedure. In the instance of (c) above, the applicable complaint procedure shall be submitted and processed in accordance with pertinent federal regulations e.g., 49 CFR Part 661, Section for Buy America, or 49 CFR Section for Minority Business Enterprise participation. 12

15 Should a protest be filed with FTA under either (a) or (c) above, the following process will be used by FTA pursuant to Circular B, Chapter V: 1. Parties shall file a protest with FTA not later than five (5) days after a final decision is rendered by the Board as provided herein. In instances where the protestor alleges that SBCAG failed to make a final determination on the protest, protesters shall file a protest with FTA not later than five (5) days after the protester knew or should have known of SBCAG s failure to render a final determination on the protest; 2. SBCAG shall not award a contract for five (5) days following its decision on a bid protest except in accordance with the provisions and limitations of item 9 and item 4 of the protest procedures. After five (5) days, SBCAG shall confirm with FTA that FTA has not received a protest on the contract in question; 3. Protests shall be filed with the FTA Region IX office; 4. The protest filed with FTA shall: (a) include the name and address of the protester; (b) identify the grantee, project number, and the number, if any, of the contract solicitation; (c) contain a statement of the grounds for protest and any supporting documentation. This should detail the alleged failure to follow protest procedures or the alleged failure to have procedures, and should be supported by documentation to the extent possible; (d) include a copy of the local protest filed with SBCAG along with a copy of SBCAG s decision, if any. 5. FTA shall notify SBCAG in a timely manner of the receipt of a protest. FTA shall instruct SBCAG to notify the contractor of the protest if award has been made or, if no award has been made, to notify all interested parties. SBCAG shall instruct all who receive such notice that they may communicate further directly with FTA; 6. SBCAG shall submit the following information to FTA not later than ten (10) days after receipt of notification by FTA of the protest: (a) a copy of SBCAG s protest procedures; (b) a description of the process followed concerning the protest, and; (c) any supporting documentation. 7. SBCAG shall provide the protester with a copy of the above submission; 8. The protester may provide any comments on SBCAG s submission no later than ten (10) days after the protester s receipt of such material; 13

16 9. When a protest has been filed in a timely fashion with SBCAG before award, SBCAG shall not make an award prior to five (5) days after the resolution of the protest, or if a protest has been filed with FTA, during the period in which the protest is pending, unless SBCAG determines that: (a) The items to be procured are urgently required; (b) Delivery or performance will be unduly delayed by failure to make the award promptly, or; (c) Failure to make prompt award will otherwise cause undue harm to SBCAG or the Federal Government In the event that SBCAG determines that the award is to be made during the five (5) day period following the local protest decision or the period in which the protest is pending, SBCAG shall notify FTA prior to making such award; 10. Upon receipt of the material described herein, FTA will either request further information or a conference among the parties, or will render a decision on the protest; 11. The protest procedures contained herein shall be included in solicitation documents issued by SBCAG for all federally assisted procurements. 14