The outline has been created to facilitate the development of a bus package that is consistent throughout the industry, providing a uniform format for numbering and organizing such documents. The use of standard formats for commonly used procurement contracts will improve the ability of industry participants to prepare contracts that contain all necessary provisions and that facilitate the incorporation of best available practices.
It is understood that transit agencies will need to modify this document to reflect local and state rules, regulations and laws, and that they will insert the standard contract language that they have developed in the appropriate places in the document. However, modifications to the standard format should be made in a manner that will maintain the structural integrity of the document. The numbering of unused articles should be maintained and accompanied by the notations “not used” or “reserved.”
How to Use This Document
This document has been designed to be a “living” document and will be reviewed biannually to stay current with new or updated regulations, policies and technologies.
Items noted in brackets [example] are areas indicating Agency input and should be filled in accordingly. As this is living document, references to other sections in the document are noted by title only. All section titles are listed in the Table of Contents.
The Technical Specifications section is designed for multiple bus lengths and propulsion types. By selecting “Default,” a basic bus technical specification will be developed. In areas where there are alternatives to the default, the Agency may select “Alternative” instead.
TS 1.Description of the Work to be Done 8
TS 2.Obtaining Proposal Documents 8
TS 3.Proposal Due Date and Submittal Requirements 8
TS 4.Validity of Proposals 8
TS 5.Pre-Proposal Meeting Information (Optional) 8
IP 5.1Quantities 10
IP 5.2Proposed Schedule for the Procurement 10
IP 5.3Obtaining Proposal Documents 10
IP 5.4Proposal Security Requirements (Reserved) 10
IP 5.5Pre-Proposal Meeting/Information for Proposers 10
IP 5.6Questions, Clarifications and Omissions 11
IP 5.7Addenda to RFP 11
IP 5.8DBE Requirements for Transit Vehicle Manufacturers 12
IP 5.9Buy America Certification 12
IP 5.10Conditions, Exceptions, Reservations or Understandings 13
IP 5.11Protest Procedures 13
IP 5.12Address 14
IP 5.13Pre-Proposal Protests 14
IP 5.14Protests on the Recommended Award 14
IP 5.15FTA Review 14
IP 5.16Preparation of Proposals 15
IP 5.17Use of Proposal Forms 15
IP 5.18Alternate and Multiple Proposals (Reserved) 15
IP 5.19Proposal Format Requirements 15
TS 6.Letter of Transmittal 15
TS 7.Technical Proposal 15
TS 8.Acknowledgement of Addenda 15
TS 9.Contractor Service and Parts Support Data 15
TS 10.Form for Proposal Deviation (without price data) 15
TS 11.Vehicle Questionnaire 15
TS 12.References and Non-Priced Information 16
TS 13.Engineering organization chart, engineering change control procedure, field modification process 16
TS 14.Manufacturing facilities plant layout, other contracts, staffing 16
TS 15.Production and delivery schedule and other Contract commitments for the duration of this Contract 16
TS 16.Management Plan 16
IP 16.1Agency Treatment of Proprietary/Confidential Information 17
IP 16.2Signing of Proposal Forms 18
IP 16.3Modification or Withdrawal of Proposals 18
IP 16.4Ownership and Cost of Proposal Development 18
IP 16.5Proposal Evaluation, Negotiation and Selection 19
IP 16.6Confidentiality of Proposals 19
IP 16.7Duration of the Validity of Proposals 19
IP 16.8Evaluation Committee 19
IP 16.9Review of Proposals for Responsiveness and Proposers for Responsibility 19
IP 16.10Proposal Selection Process 20
TS 17.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: 21
TS 18.Evidence that Proposer is qualified in accordance with the provisions of “Section 8: Quality Assurance.” 21
TS 19.Evidence of satisfactory performance and integrity on contracts in making deliveries on time, meeting specifications and warranty provisions, parts availability and steps Proposer took to resolve any judgments, liens, Fleet Defects history or warranty claims. Evidence shall be by client references. 21
IP 19.1Evaluation Procedures 22
IP 19.2Evaluations of Competitive Proposals 22
IP 19.3Response to Proposals 24
IP 19.4Single Proposal Response 24
IP 19.5Availability of Funds 24
IP 19.6Agency Contract Approval Process 24
IP 19.7Agency Rights 24
IP 19.8Execution of Contract 25
IP 19.9Conflicts of Interests and Gratuities 25
IP 19.10Agency-Specific Provisions 25
Definitions 26
Materials and Workmanship 27
Conformance with Specifications and Drawings 27
Inspection, Testing and Acceptance 28
General 28
Risk of Loss 28
Title and Warranty of Title 28
Intellectual Property Warranty 28
Data Rights 29
Proprietary Rights/Rights in Data 29
Access to Onboard Operational Data 29
Changes 30
Contractor Changes 30
Agency Changes 30
Legal Clauses 30
Indemnification 30
Suspension of Work 31
Excusable Delays/Force Majeure 31
Termination 32
Compliance with Laws and Regulations 34
Changes of Law 34
Governing Law and Choice of Forum 34
Disputes 34
Maintenance of Records; Access by Agency; Right to Audit Records 36
Confidential Information 37
Conflicts of Interest, Gratuities 38
General Nondiscrimination Clause 38
Amendment and Waiver 38
Remedies Not Exclusive 38
Counterparts 39
Severability 39
Third-Party Beneficiaries 39
Assignment of Contract 39
Independent Parties 39
Survival 39
Agency-Specific Provisions 40
Inspection, Tests and Repairs 41
Repair Performance 41
TS 20.Contractor-supplied parts. If the Contractor supplies parts for repairs being performed by the Agency after non-acceptance of the bus, then these parts shall be shipped prepaid to the Agency. 41
TS 21.Return of defective components. The Contractor may request that parts covered by this provision be returned to the manufacturing plant. The total costs for this action shall be paid by the Contractor. 41
TS 22.Reimbursement for labor. The Agency shall be reimbursed by the Contractor for labor. The amount shall be determined by the Agency for a qualified mechanic at a straight time wage rate of [insert amount per hour], which includes fringe benefits and overhead adjusted for the Agency’s most recently published rate in effect at the time the Work is performed, plus the cost of towing in the bus, if such action was necessary. These wage and fringe benefits rates shall not exceed the rates in effect in the Agency’s service garage at the time the Defect correction is made. 41
TS 23.Reimbursement for parts. The Agency shall be reimbursed by the Contractor for defective parts that must be replaced to correct the Defect. The reimbursement shall include taxes where applicable and fifteen (15) percent handling costs. 42
Pilot Bus 42
Configuration and Performance Approval 42
First Article Inspection – Production 42
Post-Delivery Tests 42
Repairs after Non-Acceptance 43
Deliveries 43
Bus Delivery 43
Delivery Schedule 43
Contract Deliverables 43
Options and Option Pricing 46
Assignability of Options 47
Payment 47
Payment Terms 47
Performance Guarantee (Optional) 50
Payment of Taxes 50
Liquidated Damages for Late Delivery of the Bus 51
Service and Parts 51
Contractor Service and Parts Support 51
Documentation 52
Parts Availability Guarantee 52
Agency-Furnished Property 52
Federal Motor Vehicle Safety Standards (FMVSS) 53
Insurance 53
Software Escrow Account 53
Sustainability 54
Agency-Specific Provisions 54
Access to Records 55
Local Governments 55
State Governments 55
Federal Funding, Incorporation of FTA Terms and Federal Changes 55
Federal Energy Conservation Requirements 56
Civil Rights Requirements 56
No Government Obligation to Third Parties 57
Program Fraud and False or Fraudulent Statements or Related Acts 57
Suspension and Debarment 57
Disadvantaged Business Enterprise (DBE) 58
Clean Water Requirements 58
TS 24.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. 58
Clean Air Requirements 58
Compliance with Federal Lobbying Policy 58
Buy America 59
Testing of New Bus Models 59
Pre-Award and Post-Delivery Audits 59
Cargo Preference 60
Fly America 60
Contract Work Hours and Safety Standards Act 60
Scope 62
Definitions 62
Referenced Publications 68
Legal Requirements 68
Overall Requirements 68
Weight 68
Capacity 68
Service Life 68
Maintenance and Inspection 68
Interchangeability 69
Training 69
Operating Environment 70
Noise 70
Fire Safety 71
Fire Suppression 71
Respect for the Environment 71
Physical Size 72
Bus Length 72
Bus Width 73
Bus Height 73
Step Height 73
Underbody Clearance 74
Ramp Clearances 74
Ground Clearance 74
Floor Height 75
Interior Headroom 75
Power Requirements 76
Top Speed 76
Gradability 76
Acceleration 77
Operating Range 77
Fuel Economy (Design Operating Profile) 78
Engine 79
Engine (CNG) 79
Propulsion System (Hybrid) 79
Cooling Systems 81
Engine Cooling 82
Charge Air Cooling 83
Transmission Cooling 84
Hybrid Drive System Cooling 84
Transmission (Conventional Powertrain) 84
Retarder (Transit Coach) 85
Engine Brake (Commuter Coach) 86
Mounting 88
Service 88
Hydraulic Systems 89
Fluid Lines 89
Fittings and Clamps 89
Charge Air Piping 90
Radiator 90
Oil and Hydraulic Lines 90
Fuel 90
Fuel Lines 90
Design and Construction 91
Emissions and Exhaust 96
Exhaust Emissions 96
Exhaust System 96
Exhaust After treatment 96
Particulate After treatment 97
General 97
Design 97
Altoona Testing 97
Structural Validation 98
Distortion 98
Resonance and Vibration 98
Engine Compartment Bulkheads 98
Crashworthiness (Transit Coach) 99
Corrosion 99
Towing 100
Jacking 101
Hoisting 101
Floor 101
Design (Transit Coach) 101
Design (Commuter Coach) 102
Design (Articulated Transit Coach) 102
Strength 103
Construction 103
Construction (Commuter Coach) 104
TS 25.Platforms 104
Driver’s Area 104
Driver’s Platform 105
Farebox 105
Rear Step Area to Rear Area (Transit Coach) 106
Wheel Housing 106
Design and Construction 106
Design and Construction (Transit Coach) 106
Articulated Joint (Articulated Transit Coach) 107
Raceway (Articulated Transit Coach) 108
Bellows 108
Suspension 108
General Requirements 108
Alignment 108
Springs and Shock Absorbers 109
Wheels and Tires 110
Wheels 110
Tires 111
Steering 112
Steering Axle (Transit Coach) 112
Steering and Tag Axles (Commuter Coach) 113
Steering Wheel 113
Drive Axle 114
Non-Drive Axle 114
Tag Axles (Commuter Coach) 114
TS 26.Turning Radius 114
Brakes 115
Service Brake 115
Actuation 116
Friction Material 116
Hubs and Drums/Discs 117
Hubs and Drums (Commuter Coach) 117
Parking/Emergency Brake 117
Interlocks (Transit Coach) 118
Passenger Door Interlocks 118
Pneumatic System 119
General 119
Air Compressor 119
Air Lines and Fittings 119
Air Reservoirs 120
Air System Dryer 120
Overview 121
Modular Design 122
Environmental and Mounting Requirements 122
Hardware Mounting 122
General Electrical Requirements 123
Batteries 123
Grounds 127
Low Voltage/Low Current Wiring and Terminals 127
Electrical Components 128
Electrical Compartments 128
General Electronic Requirements 128
Wiring and Terminals 129
Multiplexing 130
General 130
System Configuration 130
Data Communications 131
General 131
Drivetrain Level 131
Multiplex Level 132
Electronic Noise Control 133
Driver’s Area Controls 133
General 133
Glare 133
Visors/Sun Shades 134
Driver’s Controls 134
Normal Bus Operation Instrumentation and Controls 135
Driver Foot Controls 140
Brake and Accelerator Pedals 140
Driver Foot Switches 140
Driver’s Amenities 141
Coat Hanger 141
Drink Holder 142
Storage Box 142
Windshield Wipers and Washers 142
Windshield Wipers 142
Windshield Washers 143
Driver’s Seat 144
Dimensions 144
Seat Belt 146
Adjustable Armrest 147
Seat Control Locations 147
Seat Structure and Materials 148
Pedestal 148
Seat Options 148
Mirrors 148
General 151
Windshield 151
Glazing 151
Driver’s Side Window 152
Side Windows 153
Configuration 153
Emergency Exit (Egress) Configuration 154
Configuration 155
Materials 156
Rear Window 159
Capacity and Performance 159
Controls and Temperature Uniformity 162
Auxiliary Heater 163
Air Flow 164
Passenger Area 164
Driver’s Area 165
Controls for the Climate Control System (CCS) 165
Driver’s Compartment Requirements 165
Driver’s Cooling 166
Air Filtration 166
Roof Ventilators 167
Maintainability 168
Entrance/Exit Area Heating 168
Floor-Level Heating 168
Transit Coach 168
Commuter Coach 169
Design 169
Materials 169
Roof-Mounted Equipment (Transit Coach) 170
Pedestrian Safety 170
Repair and Replacement 170
Side Body Panels (Transit Coach) 170
Side Body Panels (Commuter Coach) 170
Rain Gutters 171
License Plate Provisions 171
Rub rails 171
Fender Skirts 172
Wheel Covers (Transit Coach) 172
Splash Aprons 172
Service Compartments and Access Doors 172
Access Doors (Transit Coach) 172
Access Doors (Commuter Coach) 173
Access Door Latch/Locks 173
Bumpers 173
Location 173
Front Bumper 174
Rear Bumper 174
Bumper Material 174
Finish and Color 175
Appearance 175
Decals, Numbering and Signing 176
Passenger Information 176
Exterior Lighting 176
Backup Light/Alarm 177
Doorway Lighting 177
Turn Signals 178
Headlights 178
Brake Lights 178
Service Area Lighting (Interior and Exterior) 179
General Requirements 179
Interior Panels 180
Driver AreaBarrier 181
Modesty Panels 182
Front End 182
Rear Bulkhead 182
Headlining 183
Fastening 183
Insulation 183
Floor Covering 183
Interior Lighting 184
Passenger 184
Driver’s Area 185
Seating Areas (Transit Coach) 185
Seating Areas (Commuter Coach) 185
Vestibules/Doors (Transit Coach) 186
Vestibules/Doors (Commuter Coach) 186
Step Lighting 186
Ramp Lighting (Transit Coach) 186
Turntable Lighting (Articulated Coach) 186
FareboxLighting 186
Fare Collection 187
Interior Access Panels and Doors (Transit Coach) 187
Floor Panels 188
Passenger Seating 188
Arrangements and Seat Style (Transit Coach) 188
Rearward Facing Seats (Transit Coach) 189
Turntable Seating (Articulated Coach) 189
Padded Inserts/Cushioned Seats (Transit Coach) 189
Seat back fitness 190
Drain Hole in Seats 191
Arrangements and Seat Style (Commuter Coach) 191
Hip-to-Knee Room 191
Foot Room 191
Aisles (Transit Coach) 191
Aisles (Commuter Coach) 191
Dimensions (Transit Coach) 192
Structure and Design (Transit Coach) 192
Structure and Design (Commuter Coach) 194
IP 26.1Construction and Materials (Transit Coach) 194
Construction and Materials (Commuter Coach) 194
Passenger Assists (Transit Coach) 195
Assists (Transit Coach) 195
Front Doorway 195
Vestibule (Transit Coach) 196
Rear Doorway(s) (Transit Coach) 196
Overhead (Transit Coach) 196
Longitudinal Seat Assists (Transit Coach) 197
Wheel Housing Barriers/Assists (Transit Coach) 197
Passenger Doors 197
Transit Coach 197
Commuter Coach 199
Materials and Construction 199
Dimensions 199
Door Glazing 200
Door Projection (Transit Coach) 201
Door Height Above Pavement 201
Closing Force 202
Actuators 202
Emergency Operation 203
Door Control 203
Door Controller 204
Door Open/Close 205
Accessibility Provisions 205
Loading Systems 205
Lift 205
Loading System for 30 to 60ft Low-Floor Bus 206
Loading System for Level Boarding on a 45 to 60ft Low-Floor BRT 207
Wheelchair Accommodations 207
Interior Circulation 208
Wheelchair Lifts (Commuter Coach) 208
Lift 208
Lift Door 209
Lift Width 209
Lighting Requirements 210
Securement System 210
Roof Ventilation/Escape Hatches 210
Destination Signs 210
Passenger Information and Advertising (Transit Coach) 211
Interior Displays 211
Exterior Displays 211
Passenger Stop Request/Exit Signal 212
Transit Coach 212
Commuter Coach 213
Signal Chime 213
Communications 213
Camera Surveillance System 213
Public Address System 214
Automatic Passenger Counter (APC) 214
Radio Handset and Control System 214
Event Data Recorders (EDR) 215
TS 27.Approved Equals 215
Basic Provisions 217
Warranty Requirements 217
Voiding of Warranty 219
Exceptions and Additions to Warranty 219
Fleet Defects 220
Repair Procedures 221
Repair Performance 221
Repairs by the Contractor 221
Repairs by the Agency 221
Warranty after Replacement/Repairs 222
Forms 223
Return of Parts 223
Timeframe 223
Reimbursements 224
Contractor’s In-Plant Quality Assurance Requirements 225
Quality Assurance Organization 225
Quality Assurance Organization Functions 225
Inspection 227
Inspection Stations 227
Resident Inspectors 227
Acceptance Tests 229
Responsibility 229
Pre-Delivery Tests 229
Agency-Specific Requirements 230
Attachment A: New Bus Manufacturing Inspection Guidelines 231
Pre-Production Meeting 231
Prototype/Pilot Vehicle Production 232
Resident Inspection Process for Serial Production 235
Communications 239
Vehicle Release for Delivery 240
Proposer’s Checklist 242
Request for Pre-Offer Change or Approved Equal 243
Acknowledgement of Addenda 244
Contractor Service and Parts Support Data 245
Form for Proposal Deviation 246
Pricing Schedule 247
Pre-Award Evaluation Data Form 249
Federal Certifications 250
Buy America Certification 250
Debarment and Suspension Certification for Prospective Contractor 251
Debarment and Suspension Certification (Lower-Tier Covered Transaction) 252
Non-Collusion Affidavit 253
Lobbying Certification 254
Certificate of Compliance with Bus Testing Requirement 255
DBE Approval Certification 256
Federal Motor Vehicle Safety Standards 257
Other Certifications 258
Proposal Form 258
Notice of Award 259
Vehicle Technical Information 260
Appendix A: Guidelines for Calculating Liquidated Damages 282
Appendix B: Guidelines for Calculating Early Delivery Incentives 284
Appendix C: Examples of Evaluation Criteria 285
Appendix D: Sample Contract 291
Appendix E: Sample Performance Bond Form 294
Appendix F: Sample Assignment of an Option to Purchase Agreement 296
Appendix G: Example of a Software Escrow Agreement 297
References 309
Abbreviation and Acronyms 310