Request for proposal contract form for the transit industry

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blue bus

A standardized request for proposal contract form for the transit industry


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American Public Transportation Association

1666 K Street, NW, Washington, DC, 20006-1215
Published May 2013

Standard Bus Procurement Guidelines RFP

Abstract: This document outlines a request for proposals for a negotiated bus procurement contract. A request for proposals is generally used when the scope of work or specification is less well-defined. In addition, this type of procurement may be used in cases where the vehicle involves “emerging” technology or there is a requirement to discuss warranty provisions or design considerations. This document was developed using a cross section of representatives from the public and private sectors of the public transit industry for use by transit agencies.

Keywords: bus, request for proposals (RFP)

Overview: Many industries have standard forms of contracts for the acquisition of goods and services. Buyers and sellers in those industries become familiar and comfortable with those forms. The goal of creating a common method of contracting enables participants to focus, when necessary, on negotiating only those issues for which a departure from the accepted norm is necessary or desirable. This approach will save considerable time and effort for the parties to a particular transaction. It also permits new provisions or evolving best practices to be incorporated into the standard contract for that industry efficiently and in a manner designed to benefit the entire industry. Finally, standardization leads to a consistency of interpretation that presumably should reduce the number of contract disputes and result in better prices for both the public and private sectors.

How This Document is Organized

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.

The format for a bus Contract RFP is organized as follows:

The Notice of Request for Proposals (RFP) (Section 1) contains general information to prospective Proposers regarding the RFP package and can also be used as notification of the RFP to the public or an advertisement of the procurement opportunity.

The Instructions to Proposers (Section 2) provides detailed requirements that Proposers must follow in submitting their Proposals. This section also includes evaluation criteria and information of interest to the Proposer regarding Agency Contract award procedures.

The General Conditions (Section 3), once customized by each Agency, should contain the standard terms and conditions and should be modified only by language added in the Special Provisions section.

The Special Provisions (Section 4) should be customized to meet the Agency’s specific requirements for each individual project or Contract, as well as local and state requirements. The Special Provisions are intended to amend and supplement the General Conditions to meet the individual requirements of each project.

The Federal Requirements (Section 5) are detailed and should be removed when the project is not funded with federal funds.

The Technical Specifications(Section 6)are included and can be detached as a standalone document.

The Warranty Requirements (Section 7) include requirements to warrant the operation of the bus.

Quality Assurance (Section 8) covers manufacturing, inspection and acceptance procedures.

Forms and Certifications (Section 9) are submitted with the Proposal or the Proposal may be considered nonresponsive.

Contract (Section 10) will incorporate the surviving terms of the RFP, as well as the Contractor’s Proposal in a binding document to be executed by the Agency and successful Proposer within a designated time period following award.

Appendixes (Section 11).

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.

NOTE: Selection of certain alternatives may present a conflict with other selections and should be carefully considered.
Request for Proposal

[insert Agency name]

[insert Agency logo]

[insert title of procurement]

[insert Proposal number]

[insert date of solicitation]


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

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