04824 - 01 Exhibit B-2 Mat. Changes to Specs.docx

EXHIBIT B-2

MATERIAL MODIFICATIONS TO SPECIFICATIONS

INSTRUCTIONS

SUBSTANTIAL COMPLIANCE REQUIREMENT

Bidder must certify substantial compliance with the specifications from Exhibit B-1 -Specifications.

DES recognizes that 100% compliance with all specifications may not be feasible. However, bidders are expected to demonstrate substantial compliance with the stated requirements. Substantial compliance means meeting the essential intent and functional requirements of the specifications. Bidders must not propose alternative solutions or include additional features that alter the scope or intent of the solicitation.

DOCUMENTING MODIFICATIONS

Only responsive material modifications are to be documented. Immaterial or minor deviations are not to be documented as they will be discussed with the purchaser at the time of the purchase.

Minor and Immaterial Modifications

Definition: A minor and immaterial change in specifications is a modification that does not materially affect the nature, quality, quantity, delivery, or performance of the transit buses.

Bidders should use professional judgment to determine which changes are generally accepted as minor.

Examples:

· Use of equivalent equipment commonly accepted in the industry

· Changes within 5% of listed specification limits

· Adjustments typically handled through purchase/change orders to fit individual purchaser needs

Material Modifications

Definition: A material modification to specifications is any modification to the stated requirements that significantly affects the nature, scope, or performance expectations of the goods or services. They can be considered responsive or non-responsive.

Responsive Material Modifications

Bidders may propose responsive material modifications to the minimum required specifications (Exhibit B-1 – Specifications) and document them in the table below.

Definition: A responsive material modification is a minor, non-significant deviation from specifications that does not affect the essential purpose, function, or scope of the solicitation and can be accepted without compromising intent. Those modifications will be considered as bidder's specifications for the standard bus.

Examples:

· Alternative but equivalent testing

· Adjusting technical requirements to industry norms

Non-Responsive Material Modifications

Bidders should not propose non-responsive material modifications—those that significantly deviate from or alter the scope, size, capacity, or function of what was requested; fail to meet mandatory minimum requirements from Exhibit B-1 - Specifications; require re-evaluation or re-bidding; or cannot be waived without affecting other bidders. If proposed, they will be rejected as non-responsive.

Examples:

· Changing required standards (e.g., flammability, warranty duration)

· Adding or removing mandatory features

· Altering the scope of work (e.g., bus size, capacity, propulsion)

In completing this document, bidders must describe, in clear terms, any responsive material modifications to requirements in the specifications, along with the supporting information.

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Bidder certifies that they substantially meet the requirements of the specification document (with the exception of the responsive material modification listed in this form) and affirms the truthfulness and accuracy of each statement of its certification and explanation, if any.

Print the Name of the person making certifications for Bidder Date: ________________________________

04824 -01 Transit Buses