Invitation for Bid Calact/mbta for Standard Floor and Low Floor Rural Duty Vehicles ifb no. 12-03 November 14, 2012



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Invitation for Bid



CalACT/MBTA

For Standard Floor and Low Floor Rural Duty Vehicles

IFB No. 12-03

November 14, 2012

Contents



CER 1.Purpose of the Procurement and Period of Performance 3

CER 2.Description of the Work to be Done 3

CER 3.Bid Due Date and Submittal Requirements 3

CER 4.Validity of Bids 4

CER 5.Pre-Bid Meeting Information 4

IB 10.1 Address 7

IB. 10.2 Pre-Bid Protests 8

IB 10.3 Protests on the Recommended Award 8

IB 10.4 Caltrans/FTA Review 9

IB 11.1 Use of Bid Forms 9

IB 11.2 Alternate and Multiple Bids – Not Used 9

IB 11.3 Bid Format Requirements 9



CER 6.Letter of Transmittal 9

CER 7.Acknowledgement of Addenda – CER 3 9

CER 8.Contractor Service and Parts Support Data – CER 4. In addition, the Bidder should include a description of support resources available for the proposed vehicles. Include an overview of available training, parts locations and availability, help lines and service assistance resources. 9

CER 9.Vehicle Questionnaire – CER 8 9

CER 10.Manufacturing facilities plant layout including a narrative or list of the work being done at each station. 9

CER 11.Warranty documents for optional extended warranty coverage as required in WR 1.1.7, Optional Extended Warranty 9

CER 12.Quality Assurance Procedures 9

IB 11.4 Agency Treatment of Proprietary/Confidential Information 11

IB 11.5 Signing of Bid Forms 11

IB 11.6 Modification or Withdrawal of Bids 12

IB 11.7 Cost of Bid Development 12

IB 12.1 Public Opening of Bids 12

IB 12.2 Duration of the Validity of Bids 12

IB 12.3 Evaluation Committee 12

IB 12.4 Bid Selection Process 12

CER 13.Evidence that the human and physical resources are sufficient to perform the Contract as specified and to ensure delivery of all equipment within the time specified in the Contract, to include the following: 14

CER 14.Evidence that the Bidder is qualified in accordance with the provisions of “Section 8: Quality Assurance.” 14

CER 15.Evidence of satisfactory performance and integrity on contracts in making deliveries on time, meeting specifications and warranty provisions, parts availability and steps Bidder took to resolve any judgments, liens, Fleet Defects history or warranty claims. Evidence shall be by client references. 14

IB 14.1 Single Bid Response 15

IB 14.2 Availability of Funds 15

IB 14.3 Agency Contract Approval Process 15

IB 14.4 Agency Rights 15

IB 14.5 Execution of Contract 15

IB 16.1 Purpose of the Solicitation 16

IB 16.2 Roles of the Parties for this Solicitation 16

Definitions 17

Materials and Workmanship 19

Conformance with Specifications and Drawings 19

Inspection, Testing and Acceptance 19

General 19

Risk of Loss 19

Title and Warranty of Title 20

Intellectual Property Warranty 20

Data Rights 20

Proprietary Rights/Rights in Data 20

Access to Onboard Operational Data 21

Changes 21

Contractor Changes 21

Agency Changes 21

Legal Clauses 21

Indemnification 21

Suspension of Work 23

Excusable Delays/Force Majeure 23

Termination 24

Compliance with Laws and Regulations 26

Changes of Law 27

Governing Law and Choice of Forum 27

Disputes 27

Maintenance of Records; Access by Agency; Right to Audit Records 28

Confidential Information 29

Conflicts of Interest, Gratuities 30

General Nondiscrimination Clause 30

Amendment and Waiver 30

Remedies not Exclusive 30

Counterparts 30

Severability 30

Third-Party Beneficiaries 30

Assignment of Contract 31

Independent Parties 31

Survival 31

Agency-Specific Provisions - Reserved 31

Authorization to Use the Local Government Purchasing Contract 32

Assignability 32

Period of Performance 32

Estimate Quantities for Optional Periods of Performance 32

Performance Guarantee – Not Used 33

Procurement Fee 33

Pricing 33

Price Protection 33

Price Validity for the Initial Contract Term 33

Vehicle and Optional Feature Pricing for Option Periods 34

Prohibitions 34

Price Adjustments 34

Ordering Procedures 34

Inspection, Testing, Acceptance and Repairs 35

First Article Inspection 35

Pre-Delivery Tests 35

Service Prior to Delivery 35

Delivery Coordination and Pricing of Delivery 36

Delivery Inspection, Post-Delivery Tests and Acceptance 36

Documentation and Deliverables Per Bus Order 36

Repairs after Non-Acceptance 37

Orientation with Delivery 37

Registration of Vehicles 37

Payment 37

Invoices 38

Payment of Taxes 38

Delivery Schedule 38

Liquidated Damages for Late Delivery of the Bus 39

Service and Parts 39

Contractor Service and Parts Support 39

Parts Availability Guarantee 39

Federal Motor Vehicle Safety Standards (FMVSS) 40

Motor Vehicle Pollution Requirements 40

Insurance 40

Buy America Post-Delivery Audit 41

Interchangeability 41

New Technology 42

Access to Records 43

Local Governments 43

State Governments 43

Federal Funding, Incorporation of FTA Terms and Federal Changes 43

Federal Energy Conservation Requirements 44

Civil Rights Requirements 44

No Government Obligation to Third Parties 45

Program Fraud and False or Fraudulent Statements or Related Acts 45

Suspension and Debarment 46

Disadvantaged Business Enterprise (DBE) 46

Clean Water Requirements 47



CER 16.The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 47

Clean Air Requirements 47

Compliance with Federal Lobbying Policy 47

Buy America 48

Testing of New Bus Models 48

Pre-Award and Post-Delivery Audits 49

Cargo Preference 49

Fly America 49

Contract Work Hours and Safety Standards Act 50

ADA Access 51

GENERAL 52

Basic Provisions 53

Warranty Requirements 53

Propulsion system components, specifically the engine, transmission or drive motors, and generators (for hybrid technology) and drive and non-drive axles shall be warranted to be free from Defects and Related Defects for the standard two years or 100,000 miles, whichever comes first.  The Warranty Period for the propulsion system shall start on the date each Bus is Accepted. 53

Voiding of Warranty 56

Exceptions and Additions to Warranty 56

Fleet Defects 57

Repair Procedures 57

Repair Performance 57

Repairs by the Contractor 58

Repairs by the Agency 58

Warranty after Replacement/Repairs 59

Forms 60

Return of Parts 60

Timeframe 60

Reimbursements 60

Contractor’s In-Plant Quality Assurance Requirements 62

Quality Assurance Organization 62

Quality Assurance Organization Functions 62

Inspection 64

Inspection Stations 64

Optional Resident Inspectors 65

Acceptance Tests 66

Responsibility 66

Pre-Delivery Tests 66

Agency-Specific Requirements 67

Pre-Delivery Bus Documentation Package (BDP) 67

CER 17.Bidder’s Checklist 69

CER 18.Request for Pre-Offer Change or Approved Equal 70

CER 19.Acknowledgement of Addenda 71

CER 20.Contractor Service and Parts Support Data 72

CER 21.Pricing Schedule 73

CER 5.1 Recovery of Sales Tax 74

CER 22.Pre-Award Evaluation Data Form 75

CER 23. Federal Certifications and Other Certifications 76

Buy America Certification 76

Debarment and Suspension Certification for Prospective Contractor 77

Debarment and Suspension Certification (Lower-Tier Covered Transaction) 78

Non-Collusion Affidavit 79

Lobbying Certification 80

Certificate of Compliance with Bus Testing Requirement 82

DBE Approval Certification 83

Federal Motor Vehicle Safety Standards 84

Notice of Award 85



CER 24. Vehicle Questionnaire 86

Attachment 1 – Price Form - Standard Floor / Low Floor Rural Duty Vehicles 101



Appendix A-1: Standard Floor Rural Duty Bus Specifications 102

Appendix B: Visual Inspection and Road Test Forms 160

Appendix C, References 165

Appendix D, Abbreviation and Acronyms 167



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