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