22, 7-5 IFB for Shop Truck with V plow.doc

NOTICE INVITATION FOR BID

SAWYER COUNTY/LCO TRANSIT COMMISSION dba NAMEKAGON TRANSIT PICKUP TRUCK WITH SNOW PLOW

HAYWARD, WISCONSIN

July 5, 2022 Bids shall be received for this vehicle and equipment as specified herein for use by the Namekagon Transit. Specifications listed are the MINIMUM specifications required to be considered as a valid bid. Namekagon Transit reserves the right to reject any or all bids and to accept such bid as they deem most advantageous. Bid shall be valid for a minimum of thirty (30) days. For any questions regarding the specifications of this proposal, contact Karen Melasecca, Transit Manager (715) 634-6633 x224 or Karen@NamekagonTransit.com.

GENERAL SPECIFICATIONS AND PROVISIONS

1.

The deadline to submit a bid in-writing is 10:00 A.M. on Friday, July 29, 2022. Deadline to submit questions and/or approved equals is July 15, 2022 and responses will be posted on Vendor net by Friday July 22, 2022.

Questions and Bids shall be mailed or delivered to:

Namekagon Transit

Attn: Karen Melasecca, Transit Manager

14760 W County Rd B

Hayward, WI 54843

Or emailed (**preferred method of submittal) to Karen Melasecca, Transit Manager at Karen@NamekagonTransit.com 2.

Bids will be opened publicly by the Transit Manager and the Maintenance Manager on July 29, 2022 at 1:00 PM.

3.

Quotes which are entered upon any other form or proposal than the one specified by the Namekagon Transit may be rejected and not considered for award purposes.

4.

The Namekagon Transit reserves the right to reject any or all bids and to accept such bid as they deem most advantageous to the Namekagon Transit. The Namekagon Transit reserves the right to consider the bids for a period of thirty (30) days from the date of the opening of the bids and will then either award the contract or reject all bids within that time. No bidder may withdraw its bid within the thirty (30) day period.

5.

Any deviations from the specifications must be submitted in writing by July 15, 2022 and approved by the Transit Manager with responses posted on Vendor Net on Tuesday, July 19, 2022.

a. QUESTIONS. Any questions, exceptions, or additions concerning this IFB must be submitted in writing on or before July 15, 2022, to:

Karen Melasecca, Transit Manager, 14760 W County Rd B

Hayward, WI 54843 or emailed to: Karen@NamekagonTransit.com With “Shop Truck Questions” written on the subject line.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this IFB, supplements or addendums will be posted on Vendor Net.

b. SOLICITATION AMENDMENTS. If the solicitation is amended, then all terms and conditions that are not modified remain unchanged. It is the bidder's responsibility to keep informed of any changes to the solicitation. Bidders must sign and return with their bid an Acknowledgment of Addendum for any addendum issued. In sealed bid procurements, bids that fail to include an Acknowledgment of Addendum may be considered nonresponsive.

6. U.S. FUNDS. All prices bid must be in U.S. dollars. All contract payments will be made in U.S. dollars

a. CALENDAR OF EVENTS. Listed are important dates and times by which actions related to this Invitation for Bids (IFB) must be completed. In the event that the issuing agency finds it necessary to change any of these dates and times it will do so by issuing an addendum to this IFB.

DATE

EVENT

July 5, 2022

Date of issue of IFB

July 15, 2022

Questions Due

July 19, 2022

Responses to Questions posted

July 29, 2022

Bids due from vendors

July 29, 2022, Bid Opening at _1:00 P.M.

August 5, 2022

Intent to Award

August 9, 2022

Fully Executed Contract

7. LATE BIDS AND PROPOSALS. Regardless of cause, late bids and proposals will not be accepted and will automatically be disqualified from further consideration. It is solely the vendor’s risk to ensure delivery of bids/offers at the designated office by the designated date and time. Late bids and proposals will not be opened and may be returned to the vendor at the expense of the vendor or destroyed, if so requested.

8. ACCEPTANCE/REJECTION OF PROPOSALS OR QUOTES. The Issuing Agency reserves the right to accept or reject any or all quotes or proposals, wholly or in part, and to make awards in any manner deemed in the best interest of the Issuing Agency.

2022 NAMEKAGON TRANSIT – PICKUP TRUCK WITH SNOWPLOW

HAYWARD, WISCONSIN

SPECIFICATIONS

ONE (1) 9900 LB. G.V.W. R. GASOLINE POWERED PICKUP TRUCK WITH SNOW PLOW TYPE TRUCK

1.

Model: Manufacturer’s current Model, conventional cab.

2. Size: 9900 G.V.W.R. Approx.

3. Engine: Gasoline powered, ¾ ton, minimum of 6.2L. Bidder must state engine proposed.

4. Transmission: Automatic only. 4WD.

5.

Frame: Reinforcement as available. (2) Front tow hooks on frame.

6. Body Sizes: Conventional Cab 8’ box

7. Engine Accessories:

a. Minimum 125 amp heavy duty alternator.

b. 2 Heavy duty batteries – 12 volt 700 CCA minimum and maintenance free.

c. Engine block heater installed.

d. V style Snow Plow Package with heavy Duty Springs

8. Front Bumper: Heavy duty.

9. Painted: Cab chassis preferred to be WHITE in color.

10. Rust Proofing: Dealer applied including cab and truck frame/chassis.

11. Cab Accessories (minimum):

a. Adjustable Cloth seats with 40/20/40 split and folding center armrest.

b. Heat / Defrost / Air Conditioning

c. Heavy duty running boards, both sides of cab.

d. LED Directional lights front and rear including 4-way flasher, LED Taillights, and marker lights. Two (2) yellow LED flashers mounted front, in grill.

e. A strobe mini-bar amber lite mounted top of cab and independently fused and switched.

f. Appropriate cab clearance lights.

g. Electric intermittent windshield wipers/washers.

12. Fuel Tank: One (1) with minimum capacity of 25 gallons. FULL UPON DELIVERY.

13. Tires/Wheels:

a. All Season Radial type tires.

14. Outside Mirrors: Heavy duty western type – Both sides of cab, bracket mounted and electrically heated.

15. Tow Package: Tow package with wiring for brakes and lights shall be installed.

Heavy duty hitch plate and receiver tube with 7 pole plug, installed. Electric brake controller. Box Bed Liner.

16. Snow Plow: Steel V-Plow capable with ultra mount, Halogen Head Lights, Hand Held Control, Installed Complete.

17. Guarantee/Warranty: Manufacturer’s guarantee on defective parts and workmanship shall be supplied with bid. Successful bidder is responsible for any and all warranty work needed. The Namekagon Transit does not recognize sub-contractors.

18. Literature. The bidder shall attach literature on the vehicle, body, and hoist bidder proposes to furnish. Said literature shall list specifications and illustrations of unit offered. Information shall be explicit, showing equipment being bid. The Namekagon Transit desires this literature so marked as to specifically indicate exactly what will be furnished by the bidder in meeting the requirements herein set forth. Any deviations from specifications must be submitted in writing during the questions period, by July 15, 2022 and approved by the Transit Manager with responses posted on Vendor Net, prior to bidding.

19. Questions. All questions or inquiries which any proposed bidder may have prior to bidding must be submitted in writing during the questions period, by July 15, 2022 and approved by the Transit Manager, Karen Melasecca, in writing or by email: Karen@NamekagonTransit.com. with responses posted on Vendor Net, prior to bidding. No bidder shall plead ignorance due to lack of prior information. Bids shall be complete in accordance with these specifications, including proposal.

20. Delivery. Successful Bidder will be responsible for past due truck delivery and will be penalized at the rate of $25.00 per day for overdue delivery. Penalty to be taken off the price of the bid.

21. Federal Clauses. All bidders must abide by all federal clauses and complete federal certifications in attached Appendix.

22. Basis for Award. Bid award, if made, will be to the responsive and responsible bidder who offers the lowest cost to the Issuing Agency in accordance with the specifications set forth in the Invitation for Bid. The Issuing Agency will notify in writing the vendors who respond to this IFB with the “Notice of Intent to Award” for the contract(s) it intends to award under this solicitation.

23. Protests. Irrespective of whether a bidder submits a protest before or after contract award, the protester must exhaust all administrative remedies with the procuring agency before pursuing a protest with WisDOT Based on alleged apparent improprieties in a solicitation and violation of a statute or a provision of the Wisconsin Administrative Code, an intent to protest must be filed no later than five (5) working days after the notices of intent to award is issued. The protest must be filed with the procuring agency no later than ten (10) working days after the notice of intent to award are issued. In all other cases, protests must be filed no later than 10 days after the basis of protest is known or should have been known, whichever is earlier.

Must be concise and logically presented. Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated. Failure to substantially comply with any of this provision may be grounds for dismissal of the protest.

Must include the following information:

· The protestor’s name, address, and fax and telephone numbers.

· Solicitation or contract number.

· Detailed statement of the legal and factual grounds for the protest, including a description of resulting prejudice to the protester.

· Copies of relevant documents.

· Request for a ruling by the subrecipient.

Shall be filed in writing to the procurement officer of the procuring agency. A copy of such documents must simultaneously be sent to the Transit Procurement Manager, Wisconsin Department of Transportation, P. O. Box 7913, Madison, WI 53707-7913.

The procurement officer will issue a decision on the protest within 10 working days of receiving the written protest. A copy of the decision will also be provided to the WisDOT Transit Procurement Manager.

If the bidder is not satisfied with the outcome following the review of the initial protest by the procuring agency, the bidder can pursue remediation directly with the Wisconsin Department of Transportation (WisDOT). The WisDOT’s review will be limited to whether there were improprieties in the solicitation process or if there was a failure of the procuring agency’s procurement system.

If the protestor had alleged a violation of a statute and specific provision(s) of Wisconsin Administrative Code and the decision of this formal process fails to resolve the complaint, the complainant, within five (5) working days of the issuance of that decision, may refer the matter to the Director, Bureau of Transit and Local Roads, Wisconsin Department of Transportation, P. O. Box 7913, Madison, WI 53707-7913 with a copy of such appeal filed with the Procurement Administrator.

Request For Quote Solicitation # 0612022

NAMEKAGON TRANSIT – PICKUP TRUCK WITH SNOW PLOW

HAYWARD, WISCONSIN

ONE (1) 9900 LB. G.V.W.R. GASOLINE POWERED 4WD PICKUP TRUCK WITH SNOWPLOW TRUCK

TO:

Attn: Karen Melasecca, Transit Manager

14760 W County Rd B.

Hayward, WI 53843

The Undersigned bidder, being fully familiar with the provisions as set forth in the attached Notice Inviting Bids, Specifications and this Proposal, hereby proposes and bids, as follows, to furnish ONE (1) CURRENT YEAR MODEL 9900 lb. G.V.W.R. GASOLINE POWERED PICKUP TRUCK WITH V-SNOW PLOW, complete as specified, to the Namekagon Transit Hayward, Wisconsin.

1.

Manufacturer of Truck: ________________________________________________ 2.

Model No. of Truck: ___________________________________________________ 3.

Make and Model No. of Engine: __________________________________________

4. Make and Model of Dump Body:_____N/A_________________________________

5. Bid Complete: ........................................................................$ ___________________

6. Number of Calendar Days From Date of Order to Date of

Delivery............................................................................................... Days.

DATE OF BID ___________________

NAME OF FIRM: ; By: ___________________________ ADDRESS: ___________________________________________________________________ TITLE: ; PHONE: ________________________ SIGNATURE OF BIDDER ON THIS SHEET SHALL BE NOTARIZED ON THE FOLLOWING SHEET AS A CONDITION OF SUBMITTING A VALID BID.

Bids must be sealed and labeled on the outside of the package/envelope with the vendor’s name and the solicitation number/name.

THIS BID SHALL NOT BE DETACHED FROM THE REMAINING SHEETS IN THIS ENTIRE DOCUMENT.

Request For Proposal I hereby certify that all the statements herein are made on behalf of ______________________

(Name of corp., , a corporation organized and existing under the laws

Partnership or person submitting Bid) of the State of ;

a Partnership consisting of ;

an individual trading as ;

of the City of , State of ;

that I have examined and carefully prepared this bid from the plans and specifications and have checked on same in detail before submitting this bid, that I have full authority to make such statements and submit this bid in it’s (their) behalf; and that the statements are true and correct.

Signature, (Title, If any)

Subscribe and sworn to before me this day of , 20 .

Notary Public, ______________________________ My Commission expires ______________________

(Bidders shall not add any conditions or qualifying statements, unless instructed to do so, to this bid as otherwise the bid may be declared irregular as not being responsive to the Advertisement.)

Compliance with Overall Federal Regulations Certifications

49 CFR Part 18 The Bidder listed below hereby certifies that it shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Federal Transit Administration (FTA) Master Agreement between the State of Wisconsin/Sawyer County/LCO Transit Commission dba Namekagon Transit, as they may be amended or promulgated from time to time during the term of this contract. The Bidder’s failure to so comply shall constitute a material breach of this contract. FTA contract clauses are listed in this bid solicitation.

______________________ Signature of Bidder’s Authorized Official

______________________ Name and title of the Bidder’s Authorized Official

______________________ Date

APPENDIX

FEDERAL CLAUSES

** updated 05/2021

SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

FTA Master Agreement

Federal 5311 Capital grant monies $65,000 fund this contract, in whole or in part (Section 5311 S20-56b). As such, agencies receiving such funds and contractors awarded contracts that use such funds must comply with certain Federal certifications and clause requirements. This includes, for purchases of rolling stock over $150,000, compliance with Buy America Act requirements, including pre-award and post-delivery audit requirements and certifications, as well as requirements and certifications applicable under the Federal Motor Vehicle Safety Standard (FMVSS). It is the contractor’s responsibility to be aware of the pertinent certifications and contract clauses, as identified by the Issuing Agency for the instant procurement and ensure compliance with such requirements prior to award and throughout the term of any resultant contract. The full text of these clauses is available at the National Rural Transit Assistance Program (RTAP) website under “ProcurementPro.” The website address is: http://www.nationalrtap.org/ .

FLY AMERICA REQUIREMENTS

49 U.S.C. §40118 41 CFR Part 301-10

Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under 10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirements: The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Model Clause/Language: The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language.

Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

CARGO PREFERENCE REQUIREMENTS

46 U.S.C. 1241 46 CFR Part 381 Applicability to Contracts: The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirements: The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel.

Model Clause/Language: The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

ENERGY CONSERVATION REQUIREMENTS

42 U.S.C. 6321 et seq.

2 CFR Part 1201 Applicability to Contracts: The Energy Conservation requirements are applicable to all contracts.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirements: The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier.

Model Clause/Language: No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA.

Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

BUS TESTING

49 U.S.C. 5318(e) 49 CFR Part 665

Applicability to Contracts: The Bus Testing requirements pertain only to the acquisition of Rolling Stock/Turnkey.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases.

Flow Down Requirement: The Bus Testing requirements should not flow down, except to the turnkey contractor as stated in Master Agreement.

Model Clause/Language: Clause and language therein are merely suggested. 49 CFR Part 665 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. Bus Testing Certification and language therein are merely suggested.

Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following:

1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle.

2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public.

3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing.

4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988 and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components.

CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS

The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665.

The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.

Date: __________________________________

Signature: _______________________________

Company Name: __________________________

Title: ___________________________________

PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS

49 U.S.C. 5323 49 CFR Part 663

Applicability to Contracts: These requirements apply only to the acquisition of Rolling Stock/Turnkey.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases.

Flow Down Requirement: These requirements should not flow down, except to the turnkey contractor as stated in Master Agreement.

Model Clause/Language: Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors.

Buy America certification is mandated under FTA regulation, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13.

Specific language for the Buy America certification is mandated by FTA regulation, "Buy America Requirements--Surface Transportation Assistance Act of 1982, as amended,"

49 C.F.R. 661.12, but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A 5323(j).

Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:

The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:

(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications.

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.

BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS

FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT

(To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at $150,000.)

Certificate of Compliance

The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 C.F.R. 661.11:

Date: ________________________________________________________

Signature: ____________________________________________________

Company Name: _______________________________________________

Title: ________________________________________________________

Certificate of Non-Compliance

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7.

Date: _______________________________________________________

Signature: ____________________________________________________

Company Name: _______________________________________________

Title: ____________________________________________________

ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325 18 CFR 18.36 (i)

49 CFR 633.17

Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirement: FTA does not require the inclusion of these requirements in subcontracts.

Model Clause/Language: The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language.

Access to Records - The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 18 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $250,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 18 CFR 18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

Requirements for Access to Records and Reports by Types of Contract

State Grantees

Non-State Grantees

Sources of Authority:49 USC 5325 (a), 49 CFR 633.17, 18 CFR 18.36 (i)

FEDERAL CHANGES

2 CFR Part 1201

Applicability to Contracts: The Federal Changes requirement applies to all contracts.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirement: The Federal Changes requirement flows down appropriately to each applicable changed requirement.

Model Clause/Language: No specific language is mandated. The following language has been developed by FTA.

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

EQUAL EMPLOYMENT OPPORTUNITY

41 CFR §60-1.4

Applicability to Contracts: Applicable to all contracts except micro-purchases (except for construction contracts over $2,000.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases.

Flow Down Requirement: Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent.

Model Clause/Language: Federal Requirements and Guidance. The Recipient agrees to prohibit, and assures that each Third-Party Participant will prohibit, discrimination on the basis of race, color, religion, sex, or national origin, and:

(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,

(b) Facilitate compliance with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note, and as further amended by Executive Order 13672, “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” July 21, 2014,

(c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement, and

(d) Follow Federal guidance pertaining to Equal Employment Opportunity laws and regulations, and prohibitions against discrimination on the basis of disability, Specifics. The Recipient agrees:

(a) Prohibited Discrimination. As provided by Executive Order 11246, as amended, and as specified by U.S. Department of Labor regulations, to ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their:

1. Race,

2. Color,

3. Religion,

4. National origin,

5. Disability,

6. Age,

7. Sexual origin,

8. Gender identity, or

9. Status as a parent, and

(b) Affirmative Action. Take affirmative action that includes, but is not limited to:

1. Recruitment advertising, recruitment, and employment,

2. Rates of pay and other forms of compensation,

3. Selection for training, including apprenticeship, and upgrading, and

4. Transfers, demotions, layoffs, and terminations, but

(c) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer,” and

Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures that each Third-Party Participant will comply, with:

(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and

(b) Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246, Relating to Equal Employment Opportunity,” 42 U.S.C. § 2000e note.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

Applicability to Contracts: Applicable to all contracts

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirement: Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent.

Model Clause/Language: While no specific language is required, FTA has developed the following language.

No Obligation by the Federal Government.

(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

AND RELATED ACTS

31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307

Applicability to Contracts: These requirements are applicable to all contracts.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirement: These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements.

Model Clause/Language: These requirements have no specified language, so FTA proffers the following language.

Program Fraud and False or Fraudulent Statements or Related Acts.

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

TERMINATION

2 CFR Part 1201

2 CFR 200

FTA Circular 4220.1F

Applicability to Contracts: All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be affected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $250,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.

Flow Down Requirement: The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning.

Model Clause/Language: FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts:

a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs.

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be affected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.

g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.

If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient).

h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work.

The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if-

1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor.