Request for Proposal [insert date]

SECTION 10: CONTRACT

SECTION 11: APPENDIXES

Appendix A: Guidelines for Calculating Liquidated Damages

Prior to its Solicitation, the Agency should document and file for the record its derivation of the amount of liquidated damage that is entered in “Liquidated Damages for Late Delivery of the Bus.” The following identifies some suggested areas for consideration by which a Agency may be damaged if buses are not delivered as contracted.

For determining amounts for liquidated damages, the following guidance is provided:

1. 
   The liquidated damage amount must not be punitive but shall be based upon damages that the Agency would incur as a result of the delay.
   
2. 
   The liquidated damage amount must be calculated on the basis of damages that the Agency would incur and be substantiated by experience data.
   
3. 
   A definition of days and any exempted days for delay should be included.
   

If the purpose of the procurement is to replace older buses that are being retired, there can be two areas of damage that are additive: extra cost of maintenance and cost of purchasing or renting additional buses to meet fleet availability requirements.

1. 
   Extra cost of maintenance. The difference in maintenance costs, old buses minus new ones, is a realistic damage, assuming that older buses will be continued in service for the duration and not replaced with alternative leased buses.
   
2. 
   Cost to obtain additional buses to meet fleet availability. Reliability of the older buses is not expected to be as good as for new ones, and they can be expected to be out of service for maintenance or repair for longer periods than new ones. Therefore, additional buses may be needed to ensure that required service on routes is met.
   

The damage may be attributed to requirements to obtain an alternative fleet for the duration of the delay. Such may be precipitated because a sales agreement on the old buses being replaced is expected to have been executed prior to the Contract delivery date for new buses or because the new buses are needed for new or expanded services.

1. 
   Cost to replace old buses being sold. This approach is an alternative to the cost of retaining the old fleet of (1) above. It is suggested that the liquidated damage be the lower of this alternative and that of (1).
   
2. 
   Cost to meet requirements for new or expanded service. Under this approach, the liquidated damage would simply be the daily costs of the alternative fleet as calculated above.
   

Delays in delivery will increase the period that the Contract must be administered and possibly increase the effort or waste the effort of either in-house staff or consultants for in-plant inspection and to assist in taking delivery and acceptance.

1. 
   Increased Contract period. The amount of the damage can be calculated as the average daily cost of Contract administration, apart from any technical services.
   
2. 
   Increased technical services. Technical services for in-plant inspection and to assist in taking delivery and acceptance will have been budgeted consistent with the Contract schedule. The extra budget for these services could be determined as a daily rate.
   

Damages may include fines for which a court has already imposed or can be expected to be imposed on the Procuring Authority not meeting required emission (noise or air quality) reductions or features mandated by the Americans with Disabilities Act. Include this element only if the Agency can prove its vulnerability for such fines and a purpose of the procurement is to comply with such laws or ordinances.

Fuel Consumption

If the new buses are expected to consume less fuel per passenger capacity, then the difference in fuel consumption costs per day may be included.

Appendix B: Guidelines for Calculating Early Delivery Incentives

Savings to Retire Old Fleet Early

If the purpose of the procurement is to replace older buses that are being retired, there can be savings in maintenance costs. The difference in maintenance costs, old buses minus new ones, could be a savings if the old fleet can be retired early.

Decreased Contract Administrative Costs

Early delivery can decrease the period that the Contract must be administered. The amount of savings can be calculated as the average daily cost of Contract administration, apart for any technical services.

Fines

Fuel Consumption

If the new buses are expected to consume less fuel per passenger capacity, then the difference in fuel consumption costs per day may be included as a savings if the old fleet can in fact be replaced by the early delivered fleet.

Appendix C: Examples of Evaluation Criteria

An Evaluation/Selection Committee (Committee), which may include Agency staff, consortium members, and possibly one or more outside experts, will review and screen the Proposals submitted according to the pre-established criteria as set forth below.

B. Pre-Proposal Meeting (maximum of 5 points)

Attendance at the Pre-Proposal Meeting on [insert date].

C. Technical Evaluation Criteria (maximum of 80 points)

Proposals will be evaluated using the following principal selection criteria:

1. 
   Product design and performance (0-30 points): The information provided by the Proposer in its technical submittal relating to the buses to be provided will be utilized to evaluate the Proposal in relation to this factor. Vehicle construction and system design, as well as documented reliability, may be used in this evaluation, as well as other design and performance elements of the components that comprise those systems. At a minimum, test results, safety and maintenance factors, and cost of normal operation for the bus design and system components proposed, may be considered in determining a final value for this factor.
   
2. 
   Proposer’s reputation and performance (0-30 points): The Committee will consider the capability and reputation of the Proposer as presented in the Proposal or as is determined by review of information available from references or other resources. The evaluation may look at the Proposer’s overall organizational and financial capabilities and consider key components such as organizational reporting structure, quality control, quality assurance, research and development, technical, training and parts support, response time, product capabilities, ability to furnish multiple bus configurations, bonding capacity, and financial history, as well as other considerations, in reaching a final point determination. The committee may also look at judgments, liens, Fleet Defect history, warranty claims and the steps that the manufacturer took to resolve these concerns in assessing the overall reputation of the manufacturer.
   

3. 
   Delivery schedule (0-20 points): The Committee will review the proposed delivery schedule for the Agency’s minimum purchase of coaches. Delivery schedules that fulfill the delivery requirements, with evidence that the schedule can be accomplished, may receive higher points for this category.
   

As described below, the proposed cost as submitted by the Proposer on the Agency’s form will be assigned a maximum of 20 points. The Contractor is required to use the Agency’s form, without alteration, for submittal of its cost Proposal. Please DO NOT use your own forms.

The cost will be evaluated in the following manner:

1. 
   Cost Proposal Criteria (0-20 points)
   

1. 
   The Cost Proposal criteria will be based on the “Total of Both the Low-Floor and Standard Floor Bus,” Line 3.C. of Appendix B as noted in Section 8.B.6, “Sum of Total Base Offer per Bus.”
   
2. 
   The lowest average Cost Proposal will receive 20 points. Every other Proposal previously found to be in the Competitive Range will be given points proportionately in relation to the lowest price. This point total will be calculated by dividing the lowest price by the total price of the Proposal being evaluated and the result multiplied by the maximum weight for price (20 points) to arrive at a Cost Proposal score.
   

The application of the above formula will result in a uniform assignment of points relative to the criterion of price.

E. Evaluation Methodology

The maximum number of points achievable in each of the aforementioned areas is as follows:

• 
  Attendance at Pre-Proposal Meeting: 0-5 points
  
• 
  Product design and performance: 0-30 points
  
• 
  Manufacturer’s reputation and performance: 0-30 points
  
• 
  Delivery schedule: 0-20 points
  
• 
  Cost proposal: 0-20 points
  

Following receipt of the Proposals, the Proposals will be evaluated for compliance with the following minimum requirements. Those Proposals that do not evidence compliance may not be considered beyond the preliminary review.

Minimum Requirements

• 
  The Proposer must be an existing vehicle manufacturer with an existing manufacturing facility.
  
• 
  The Proposal must be for a high-capacity vehicle with a nominal length not to exceed 45 feet.
  
• 
  The vehicle must be constructed from composite material.
  
• 
  The proposed vehicle must have the capability for either a CNG propulsion system or for a gasoline/hybrid propulsion system.
  
• 
  The proposed vehicle must have a minimum of 44 seats.
  

Each Proposal will be rated according to the following ratings:

After completion of the evaluations, the Agency shall request pricing from those firms that have submitted technically acceptable Proposals. The firms will be given approximately one week to submit pricing. The received pricing will then be reviewed. The Agency does not anticipate negotiation of price offers. The award will be made to the Proposer that possesses the appropriate facility, as well as the managerial, financial and technical capabilities necessary to fulfill the requirements of the Contract, and whose Proposal conforms to Solicitation requirements and is judged by an integrated assessment of the evaluation criteria to be most advantageous to the Agency, when price and other factors are considered.

For the purposes of this procurement, all evaluation factors other than price, when combined, are significantly more important than the cost/price area in this acquisition. Therefore, the Agency may select other than the lowest-priced technically acceptable Proposal if it is determined that the additional technical merit offered is worth the additional cost in relation to other Proposals received. For evaluation purposes, if Proposals become more technically equivalent, then price becomes relatively more important.

The Agency is more concerned with obtaining superior technical features than with making an award at the lowest overall price to the Agency. However, the Agency will not make an award at a significantly higher overall cost to the Agency to achieve slightly superior technical features.

The Agency reserves the right to reject any or all Proposals, to waive informalities or irregularities to the extent permitted by law in any Proposal received, and to be the sole judge of the merits of the respective Proposal received.

Evaluation Criteria

• 
  Minimum vehicle performance requirements
  
• 
  Vehicle structure
  
• 
  Advanced design provisions
  
• 
  Proposed technical Deviations
  
• 
  Manufacturing process
  
• 
  Qualifications of the proposer
  
• 
  Past performance and current commitments
  
• 
  Maintainability
  
• 
  Proposed operating cost and reliability
  
• 
  Emissions
  
• 
  System safety provisions
  
• 
  Technical support
  
• 
  Project management
  
• 
  Deviations from Contract terms and conditions
  

• 
  Performance requirements:
  

• 
  Vehicle performance
  
• 
  Reduced Exterior sound levels
  
• 
  Minimum range requirements
  
• 
  Compliance with General Performance requirements
  

• 
  Vehicle structure:
  

• 
  Previous service experience of the vehicle, if applicable
  
• 
  Current and/or planned durability testing, including existing test results
  
• 
  Physical dimensions
  
• 
  Interior layout, including compliance with ADA requirements
  
• 
  Layout of the operator’s compartment, including the operator’s field of view
  
• 
  Available ergonomic information
  
• 
  Functional enhancements, including integration of electronic controls and minimizing the number of gauges and switches
  

• 
  Advanced design provisions: This addresses the design characteristics, including how the design complies with the program’s design objectives.
  
• 
  Proposed technical deviations: This addresses the effect and acceptability of proposed technical deviations, including proposed benefits to the Agency and Deviations that will result in cost reductions.
  
• 
  Manufacturing process: This addresses the proposed manufacturing process, including a detailed description of the proposed facilities where the Work would be done.
  
• 
  Proposed quality assurance program
  
• 
  Qualifications of the Proposer:
  

• 
  Organization chart showing the organization proposed for this Contract
  
• 
  History of the Proposer, including information about manufacturing capabilities
  
• 
  Experience in producing the same or similar vehicles as those being proposed, with emphasis on experience in producing CNG and gasoline/hybrid vehicles
  
• 
  Experience in producing composite structure vehicles
  
• 
  Maintenance and warranty experience, including a qualified staff to provide the necessary services
  
• 
  Proposer’s ISO certification(s) or equivalent
  

• 
  Proposer’s facilities to be used for significant portions of the Work, including Subcontractors’ facilities:
  

• 
  Location of the facility and whether the facility is owned or leased
  
• 
  Work to be performed at the facility
  
• 
  Capacity and resources available at the facility for fulfilment of this Contract
  
• 
  Length of time the facility has been in operation to do the kind of Work proposed to be performed at the facility.
  

• 
  Past performance and current commitments:
  

• 
  Reference list
  
• 
  Proposer’s Work under way, or for which the Proposer is committed
  

• 
  Maintainability:
  

• 
  Maintainability of the proposed powerplant
  
• 
  Maintainability of proposed component parts
  
• 
  Maintenance requirements
  
• 
  Skills needed to perform maintenance Work
  
• 
  Required special equipment, tools or maintenance facility requirements that must be implemented to maintain the vehicles
  
• 
  Proposed diagnostic equipment needed to maintain the vehicles
  
• 
  Proposed “built-in” diagnostic equipment, if offered
  
• 
  Reasonableness of proposed scheduled maintenance requirements
  
• 
  Proposed spare parts package required to support the schedule maintenance and replacement of major components
  

• 
  Proposed operating costs and reliability:
  

• 
  Expected reliability and service life of major proposed components
  

• 
  Projected emissions of the vehicle
  
• 
  System safety provisions:
  

• 
  Proposed safety features
  
• 
  Knowledge of state codes and regulations affecting vehicles
  
• 
  Vehicle code changes required for the vehicle to legally operate in the state, if any
  

• 
  Technical support:
  

• 
  Identification of proposed parts and service center
  
• 
  Service center staffing and qualifications
  
• 
  Availability of electronic maintenance documentation and comprehensive plan for providing technical updates for the life of the proposed vehicles
  
• 
  Proposed availability of spare parts, including methodology for storing parts locally and for expediting needed parts
  
• 
  Proposed training plans and instruction program
  
• 
  Proposed diagnostic equipment required to maintain the vehicles
  
• 
  Provision of advanced features such as wireless self-diagnostics and/or database management.
  

• 
  Project management:
  

• 
  Proposed general project schedule and plan to ensure schedule compliance or to expedite the delivery schedule
  
• 
  Experience of the proposed project management team, including the experience of key personnel.
  
• 
  Experience of technical personnel supporting each area of technical expertise as required by the Contract specifications, including test and system integration personnel
  
• 
  Experience of the proposed key contact for the project, including the level of authority that this individual will have to make decisions that are “binding” on the Proposer
  
• 
  Plan for the coordination of major Suppliers and Subcontractors, if any
  
• 
  Major component Suppliers and the products to be provided by each for this Contract
  
• 
  The interface relationships between engineering, manufacturing, program control, quality control and test departments
  
• 
  Proposed critical path schedule for the production of the pilot vehicle and remaining vehicles as well as the methodology for controlling the schedule
  

• 
  Proposed Deviations from nontechnical terms and conditions:
  

• 
  Rationale for the proposed Deviation
  
• 
  Benefit and/or risk to Agency if the request is granted
  

The certifications will be reviewed for proper execution and responsiveness.

Type of Contract to be Awarded

The Agency intends to award a fixed-price Contract per unit for up to [insert number] vehicles. The services of the Contractor will be based on the scope of Work as outlined in “Section 1” Description of Work.”

Period for Acceptance

The Proposal shall be valid for [insert number] calendar days from the date stipulated in the RFP for receipt of Proposals. If this offer is accepted within that time period, the Proposer agrees to furnish all services and items as stipulated in the RFP and in any accompanying amendments.

Appendix D: Sample Contract