Protests not properly addressed to the address shown above may not be considered by the Agency.
Copies of the Agency’s protest procedures and the protest provisions of FTA Circular 4220.1F or its successor may be obtained from Mr. Joe Meer, General Manager, Morongo Basin Transit Authority, 62405 Verbena Road, Joshua Tree, CA 92252, 760-366-2986. Bids shall be opened and a Notice of Award shall be issued by the Agency in accordance with the Agency’s protest procedures and the protest provisions of FTA Circular 4220.1F or its successor.
IB. 10.2 Pre-Bid Protests
Pre-Bid protests are protests based upon the content of the solicitation documents. Three copies of Pre-Bid protests must be received by the Agency’s office no later than ten (10) calendar days after the IFB is first advertised. Protests shall be considered and either denied or sustained in part or in whole, in writing, in a manner that provides verification of receipt, prior to the Due Date for Bids. A written decision specifying the grounds for sustaining all or part of or denying the protest shall be transmitted to the protestor prior to the Due Date for Bids in a manner than provides verification of receipt prior to the Due Date for Bids. If the protest is sustained, the Bid Due Date may be postponed and an addendum issued to the solicitation documents or, at the sole discretion of the Agency, the solicitation may be canceled. If the protest is denied, Bids shall be received and opened on the scheduled date unless a protest is filed with FTA. See “FTA Review,”below.
IB 10.3 Protests on the Recommended Award
All bidders shall be notified of the recommended award. This notice shall be transmitted to each bidder at the address contained in its Bid form in a manner that provides verification of receipt. Any Bidder whose Bid has not lapsed may protest the recommended award on any ground not specified in “Pre-Bid Protests,”above. Three (3) copies of a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest must be received by the Agency at the appropriate address in “Address,” above, no later than fifteen (15) calendar days after the date such notification is received. Prior to the issuing of the Notice of Award, a written decision stating the grounds for allowing or denying the protest shall be transmitted to the protestor and the bidder recommended for award in a manner that provides verification of receipt.
IB 10.4 Caltrans/FTA Review
After such administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration of the U.S. Department of Transportation’s designee, Caltrans Department of Mass Transportation pursuant to the procedures provided in the FTA C 4220.1F or its successor. Caltrans/FTA review is limited to the alleged failure of the Agency to have written protest procedures, the alleged failure of the Agency to follow those procedures, the alleged failure of the Agency to review a protest or the alleged violation of federal law or regulation. (Note: lead agency and the majority of the anticipated users of the contract are subrecipients of Caltrans).
Preparation of Bids
IB 11.1 Use of Bid Forms
Bidders are advised that the forms contained in this IFB are required to be used for submission of a Bid.
Bids shall be submitted in four separately sealed packages identified below. In this case, the contents of Package 1, Package 3 and Package 4 may be “combined” into a single package and can be placed in a single binder. Each package shall be marked as specified below and shall contain all of the bid documents for which the package is required to be marked and shall include no other documents. Package 2, Bid Price Forms, must be submitted separately in a marked sealed package and clearly marked as such.
Package 1: Technical Bid Document Requirements
CER 6.Letter of Transmittal
CER 7.Acknowledgement of Addenda – CER 3
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.
CER 9.Vehicle Questionnaire – CER 8
CER 10.Manufacturing facilities plant layout including a narrative or list of the work being done at each station.
CER 11.Warranty documents for optional extended warranty coverage as required in WR 1.1.7, Optional Extended Warranty
Bid Pricing Form – CER 5 - (including but not limited to such pricing elements as optional bus features). Note: Subject to the provisions of SP 4, Pricing, the selected Contractor shall agree to sell vehicle(s), including proposed optional equipment, at the same price and under the terms and conditions of this Agreement from the time of contract award to the expiration of the initial contract term which is two years. The selected Contractor is prohibited from offering any parts credits, rebates, etc. following Contract award. In addition to the signed hardcopy of this form, the Contractor must submit a filled out electronic copy of the worksheet on a labeled CD or USB flash drive.
The selected Contractor shall be liable for payment of all local taxes applicable to the complete bus as delivered. The taxes will be shown and should add these amounts to the Bid price.
Note: The State of California excludes certain items from Sales/Use tax. Bidders will be required to provide the value of these items on a separate Bid Form included with this solicitation. The selected Contractor will be required to “adjust” the sales/use tax appropriately.
If the Bidder is not the vehicle manufacturer, the Bid must include a confirmation from the vehicle manufacture that the Bidder is a bona-fide authorized factory dealer for the manufacturer of the vehicle.
A copy of the three (3) most recent financial statements of the Bidder audited by an independent third party or a statement from the Bidder regarding how financial information may be reviewed by the Agency
Insurance letter indicating the Bidder and/or manufacturer’s ability to obtain the insurance coverage in accordance with the IFB requirements
All Federal certifications contained in CER 7: Buy America Certification, Debarment and Suspension Certification for Prospective Contractor, Debarment and Suspension Certification (Lower-Tier Covered Transaction), Non-Collusion Affidavit, Lobbying Certification, Certificate of Compliance with Bus Testing Requirement, DBE Approval Certification, and Federal Motor Vehicle Safety Standards. – CER 1.1 – 1.8
Package 4: Proprietary/Confidential Information Package Requirements
The Bidder is directed to collect and submit any information it deems to be proprietary or confidential in nature in a separate marked and sealed package. If there is no confidential information, then the Bidder should include a statement to that effect. Subject package shall be submitted in accordance with the terms and conditions governing the submittal of bidder’s response to this IFB. Blanket-type identification by designating whole pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information shall not ensure confidentiality. The specific proprietary information, trade secrets or confidential commercial and financial information must be clearly identified as such.
The Bidder is advised that the Agency is public and as such may be subject to certain state and/or local Public Records Act provisions regarding the release of information concerning this IFB. If a request is received by the Agency for the release of Bidder’s propriety/confidential information, subject request shall be referred to the Bidder for review and consideration. If Bidder chooses to declare the information proprietary/confidential and withhold it from release, it shall defend and hold harmless the Agency from any legal action arising from such a declaration.