252-24.pdf

Invitation No.: 252-24 Location: Central Office Commodity: AV Accessible Vans Multiple Award Pricing: http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/252pricing.xlsx

INVITATION TO BID (ITB)

State of Ohio, Department of Transportation Office of Contract Sales, Purchasing Services

Jack Marchbanks, Ph. D., Director

Bid Submission Deadline (Bid Opening Date):

May 25, 2023 at 1:00 p.m. eastern time

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:

(authorized to answer questions about your company’s bid)

E-Mail Address (required):

(person who filled out bid)

E-Mail Address (required):

(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return Properly Marked, Complete Bid Packages To:

contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

VENDORS MUST SUBMIT ANY QUESTIONS, CLARIFICATIONS, OR INQUIRIES REGARDING THIS

PROCUREMENT VIA THE FOLLOWING WEBSITE:

https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/PurchasePBQ1.aspx http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/PurchDocs/252pricing.xlsx mailto:contracts.purchasing@dot.ohio.gov

Attachments to be submitted in the emailed bid response:

Completed Front Page (Separate Attachment)

Completed Signature Page (Separate Attachment)

Completed Affirmation and Disclosure form (Separate Attachment)

Completed Excel Pricing Page (Separate Attachment)

Anything Else You wish to Submit (Separate Attachments)

Send multiple emails, as needed, to complete your submission to contracts.purchasing@dot.ohio.gov - Paper bids will NOT be accepted.

Zip files CANNOT be sent.

We respond to every submission. If you don’t get a response from us saying, we received your bid within a day, reach out or resubmit.

Invitation No. 252-24

ITB 252-24 Accessible Vans (AV)

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation is to establish pricing for Accessible Vans to be used as transit vehicles specified herein to be used in conjunction with the Federal Transit Administration Section 5307, 5310 5311, or 5339 Programs. The vehicles are intended to be used for public transportation or the transportation of seniors and/or individuals with disabilities.

As a result of the ITB, vehicles will be purchased by either the State of Ohio, Department of Transportation, on behalf of various organizations throughout the State of Ohio or by political subdivisions and subsequently placed into use by the receiving agencies.

The vehicle shall be the latest current model vehicle, incorporating the latest engineering changes. All parts shall be new.

Throughout this document, the terms “ODOT”, “Department”, “political subdivision”, “local agency”, “recipient” and the like are used interchangeably.

Quantity

Quantities listed are submitted as a guide. It is understood and agreed that neither the State nor other parties to this contract shall be obligated to purchase any set number of vehicles. Over the past two-year contract period, the number of vehicles purchased by ODOT for its federal program subrecipients equaled 70 for all AV vehicle types, combined. Political subdivisions of Ohio are able to purchase off of these contracts as well and may increase the number of vehicles purchased from the selected vendors. The actual number will be based upon the overall program cost and the availability of local and federal funds.

Section 2: Bid Evaluation and Award

Separate awards will be made for each category of vehicle:

252-24 – Accessible Van – Gasoline/LPG

252-24 – Accessible Van – Low Floor

252-24 – Accessible Van - Electric

Each bidding vendor is permitted to submit one (1) bid per vehicle type. Award of this Invitation to Bid will be made to the three (3) lowest responsive and responsible bidders for the vehicles meeting or exceeding the equipment specifications specified herein.

The Department reserves the right to request any additional information it deems necessary from the apparent low bidder(s) to determine bid responsiveness or bidder responsibility prior to awarding this invitation to bid. The Department will not allow a bidder’s failure to submit all requested information within the prescribed timeframe to delay the award of this bid.

The signature of Authorized Representative on bid proposal signifies his or her agreement and understanding that the award will be made based on Total Base Price of required items. Optional items must be included but are not considered for award. Award will be to the lowest three (3) responsive and responsible bidder meeting or exceeding all specifications requirements. All vehicles must meet FTA Buy America requirements.

Section 3: Contract Duration

This contract shall be effective from July 1, 2023 through August 31, 2027. The contract(s) established under this ITB shall have the option for one (1) one-year extension. A one-year extension shall be enacted upon the mutual agreement of ODOT and the vendor(s). ODOT shall initiate this process with a decision made to exercise the extension option no later than 90 days prior to the end of the contract. The contract extension option will not extend beyond August 31, 2028.

Section 4: Free on Board (F.O.B.) Destination

The net unit bid price shall include delivery charges, Free on Board (F.O.B.) to the recipient whose name and address appears on the purchase order(s). No vehicles will be delivered to ODOT unless specifically noted.

Section 5.1: Bid Opening

Submissions for this Invitation to Bid will be received until 1:00PM Eastern time on May 16, 2023, via email at contracts.purchasing@dot.ohio.gov. The bids received shall be opened and the results of the opening shall be publicly available on the ODOT Office of Transit’s website.

Section 5.2: Post Award Meeting

After award of the contract, prior to commencement of any activity by the successful bidder, a post-award meeting addressing such topics as delivery schedule, method of construction, title work, payment of invoices, etc., may be scheduled. The post award meeting may be scheduled in ODOT facilities in Columbus, Ohio or as a conference call originating from ODOT telephone equipment. In either case, ODOT will contact the bidder prior to commencement of any activity in order to arrange the details of the meeting/conference call. ODOT foresees the costs of the post award meeting to be minimal and may be incorporated into the base vehicle.

Section 6: Inspection of Vehicle

ODOT and/or any political subdivision receiving a vehicle reserve the right to inspect any and all vehicles and ancillary equipment being furnished by the successful bidder (Vendor) as a result of this term contract and reserve the right to reject all material and workmanship which does not conform to the specifications or accepted practice. The inspection(s) may take place at the vehicle manufacturer’s primary place of business, the vendor’s primary place of business, the receiving agency or at a site mutually agreeable to the vendor, ODOT, and/or the political subdivision. For all vehicles the vendor shall submit to ODOT a production schedule and a projected delivery schedule of the completed vehicle as soon as possible after receipt of the purchase order(s).

The trip shall allow sufficient time (during normal business hours) for the inspector to travel to and from the place of inspection and adequate time to thoroughly inspect the vehicle(s), including a critique of the inspection. It is intended that all facets of the manufacturing process be reviewed;

however, it is intended that the trip not exceed two working days at the actual manufacturing plant.

The inspection may be waived at the discretion of ODOT.

Note: Payment for the vehicle and ancillary equipment will not be approved until the vehicle is accepted by ODOT and/or the political subdivision as meeting or exceeding all specifications.

Delivery acceptance of the vehicle by the recipient agency does not constitute acceptance for payment.

Section 7: Delivery

Delivery shall be made within 180 calendar days after receipt of order. If the Vendor cannot deliver or expects not be able to deliver the vehicle within this time frame, the Vendor must provide sufficient, written justification to ODOT or the local agency as early as possible and prior to the end of the delivery time frame.

Delivery Hours

All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday except State holidays unless special permission is granted by the Department to temporarily waive or adjust this requirement.

Delivery and Issuance of Title

The title for each vehicle shall be issued in the name of the appropriate recipient whose name appears on the purchase order(s). For purchase orders issued by ODOT, the Ohio Department of Transportation shall be identified as first secured lien holder. For ODOT purchases, the original title shall be filed with ODOT and a memorandum title issued and delivered to the recipient. For all purchases made directly by a political subdivision, the original title shall be furnished to them.

In lieu of securing the title upon delivery, title work may be mailed to the County Clerk of Courts in the county where the recipient is located. The title should be mailed back to the vendor from the Clerk of Courts and the vendor shall distribute it accordingly. Vendors must alert the courthouse that the title is to be mailed to them.

All recipients shall be supplied a minimum of a 30-day temporary vehicle tag.

All costs associated with delivery, issuing the memorandum title (where applicable), and obtaining temporary tags shall be included in the basic cost of the vehicle. The successful vendor(s) will be required to fully demonstrate the use of the vehicle and related equipment upon delivery along with a review of the applicable warranties. The successful vendor(s) must contact the recipient agency at least one week in advance of vehicle delivery to set a tentative delivery time and choose proper wording for the vehicle title. It is the receiving agency’s responsibility to determine the vehicle description (i.e., bus) in order to obtain their desired license plates. The successful vendor(s) must also contact the agency at least three days in advance of actual delivery to confirm prior arrangements. Delivery shall be made during the recipient’s normal working hours.

Section 8: Warranty Work

All normal warranty work on chassis and chassis manufacturer’s factory installed equipment shall be accomplished within 50 miles of the recipient’s place of business.

If major or complicated warranty work is required and the location to perform such work is outside the distance limitations required for normal warranty work, the bidder shall pay all costs of transporting the vehicle to and from the recipient agency’s location.

It is recognized that the vehicle and associated on board equipment warranty responsibility may be divided among more than one warranting agency. However, if after the authorized factory service representative for a particular item has been contacted and satisfactory warranty repair cannot be obtained, it shall be the successful bidder’s responsibility to act as liaison for the agency in obtaining warranty repair to ensure the vehicle is placed in operable condition without unnecessary delay.

Section 9: Disputes

Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the ODOT Administrator, Office of Contracts. This decision shall be final and conclusive unless within ten (10) days from the date of the receipt of its copy, the Vendor mails or otherwise furnishes a written appeal to the ODOT Director of Transportation. In connection with any such appeal, the Vendor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Transportation shall be binding upon the Vendor and the Vendor shall abide by the decision.

Section 10: Bid Submittal Requirements

Bidder(s) must submit with the bid the following information:

ITB Checklist (Must be submitted in this order):

☐ Required Forms 1-7, signed, dated, and notarized, if applicable

☐ Bidders Buy America Worksheet (assembly and components ≥ 70%)

☐ Copy of Valid Dealers License

☐ Current SAM Documentation

☐ TVM/DBE Goal Certification

☐ FMVSS Certification Documentation

☐ ISO-9001-Quality Assurance Certification

☐ Pricing sheets

☐ Altoona testing summary (please send a PDF of the full test to ODOT separately)

Detailed descriptive literature and/or engineering or detailed drawings of all items bid. This shall include the basic vehicle proposed to be furnished and all additional equipment. Sufficient detail along with specifications shall be submitted to allow for a complete evaluation.

Bidders must submit one (1) complete set of bid documents with all signatures and seals, embossing, etc.

All bidders must possess a valid Dealer’s License within the United States of America.

Failure to submit the following executed documents in order may result in your bid being declared non-responsive:

Form 1: Bid Affidavit

Form 2: Bidder Certificate Statement

Each bidder must submit with the bid the enclosed “Bidder Certificate Statement” addressing the U.S. Comptroller’s List of Ineligible Bidders. In the event the bidder is on the Comptroller General’s list of ineligible vendors for federally financed or assisted work, any contract resulting from this bid may be canceled, terminated or suspended by the Ohio Department of Transportation.

Form 3: Integrity Certification Statement

Each bidder must submit with the bid, the “Integrity Certification” (regarding debarment, suspension, and other responsible matters), which states that the vendor is not currently engaged, or has been engaged, in behavior which threatens the integrity of federally assisted programs.

Form 4: Certification and Restrictions on Lobbying

The vendor, by signing the Certification and Restrictions on Lobbying contained herein, agrees to comply with the provisions of Section 1352, Title 31 of the U.S. Code, which prohibits the use of federal funds to lobby any official or employee of any federal agency, or member or employee of Congress; and to disclose any lobbying activities in connection with federal funds.

Form 5: Buy America Certification

The complete Buy America process consists of not only individual component requirements but also a vendor compliance/non-compliance self-certification; pre- award and post delivery vehicle component verification; pre-award and post- delivery specifications compliance; and Federal Motor Vehicle Safety Standards (FMVSS) compliance. The Buy America, FMVSS documents included in the Required Forms sections, with a list of proposed Buy America content for the proposed vehicles will suffice as the pre-award self-certifications. The remaining pre-award certifications will be addressed by ODOT personnel and post-delivery certifications will be addressed with the contract vendor.

The Vendor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provides that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, microcomputer equipment, software, and small purchases (currently less than $150,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 70 percent domestic content minimum. A bidder or offeror must submit to ODOT the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver.

Form 6: Transit Vehicle Manufacturers (TVM) Certification

It is the policy of the U.S. Department of Transportation and the Ohio Department of Transportation that disadvantaged business enterprises, defined in 49 CFR Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal and state funds.

Therefore, the Ohio Department of Transportation hereby notifies all bidders it will affirmatively ensure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids, and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

49 CFR Part 26.49 requires ODOT, as a recipient of FTA funding, to require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the DBE regulatory requirements. A transit vehicle manufacturer may obtain this certification by submitting its DBE Goal and Program Plan to the FTA Office of Civil Rights.

Only those transit vehicle manufacturers listed on FTA’s certified list of Transit Vehicle Manufacturers (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers), or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid.

A bid received from a Transit Vehicle Manufacturer bidder that is not listed on FTA’s certified list of Transit Vehicle Manufacturers will be deemed non-responsive.

A bidder that is a vendor/distributor/dealer of transit vehicles must clearly identify all Transit Vehicle Manufacturers from which vehicles will be procured. A bid received from a vendor/distributor that includes vehicles to be produced by a Transit Vehicle Manufacturer that is not listed on FTA’s certified list of Transit Vehicle Manufacturers will be deemed non-responsive.

Vendor/distributor/dealer bidders: Submit a copy of Form 6 for each Transit Vehicle Manufacturer from which vehicles will be procured.

https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers), https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers), Form 7: Federal Motor Vehicle Safety Standards (FMVSS) / Bus Testing Certification

1. Vendor(s) Pre-Award Self-Certification The motor vehicles supplied as part of this procurement will comply with the Motor Vehicles Safety Standards as established by the State of Ohio. In addition, the bidder must submit a signed certification, on the enclosed form, that all vehicles being supplied will meet all applicable Federal Motor Vehicles Safety Standards.

2. Bus Testing - The Vendor [Manufacturer] agrees to comply with 49 U.S.C. §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.

5) ODOT requires the entire Altoona Bus Test Report with the bid in an electronic format.

Section 11: Statement of Financial Assistance

This contract is subject to a financial assistance contract between the Ohio Department of Transportation or the local public body and the U.S. Department of Transportation. The federal assistance expected to be provided for this contract is estimated at $3,700,000 and local match estimated at $600,000 for a total of $4,300,000 (based on the previous contract ODOT orders) in aggregate from the following Federal Transit Administration (FTA) programs:

• CFDA 20.513: Enhanced Mobility of Seniors and Individuals with Disabilities.

• CFDA 20.526: Buses and Bus Facilities Formula, Competitive, and Low or No Emissions Programs.

Section 12: Interest of Members or Delegates to Congress/ODOT Employees

No member, officer, delegate to Congress or any employee of the Ohio Department of Transportation or of a local public body during that person’s tenure or one year thereafter, including any family members or business partners of said person, shall have any interest, direct or indirect, in this contract or the proceeds thereof. Each bidder shall submit with the bid the “Certification and Restrictions on Lobbying” regarding this and other related matters.

Section 13: Civil Rights Requirements and Nondiscrimination

In accordance with Title VI and VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000d and § 2000e, respectively; Section 303 of the Age Discrimination Act of 1975, as amended; 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990; and 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C.S § 5332, vendors are required to comply with all applicable Equal Employment Opportunity laws and regulations, including all requirements imposed by the Titles and Sections set forth in this paragraph, and the regulations relative to non-discrimination in federally assisted programs of the U.S. DOT, as issued in 49 CFR, Part 21.

These requirements include, but are not limited to:

The Vendor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The vendor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the vendor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

The vendor agrees, in accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, to refrain from discrimination against present and prospective employees for reason of age. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue.

The vendor agrees, in accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the vendor agrees to comply with any implementing requirements FTA may issue.

The vendor further agrees to 1) include these requirements in each subcontract financed in whole or in part with the FTA Federal assistance, modified only if necessary to identify the affected parties, and

2) to notify potential sub-vendors, vendor(s) and suppliers in all solicitations of its obligation under this contract relative to non-discrimination provisions in every subcontract awarded pursuant to this agreement.

Section 14: Record Retention:

a. Record Retention. The Vendor will retain and will require its sub vendors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, subcontracts, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records.

b. Retention Period. The Vendor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Vendor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

c. Access to Records. The Vendor agrees to provide sufficient access to FTA and its vendors to inspect and audit records and information related to performance of this contract as reasonably may be required.

d. Access to the Sites of Performance. The Vendor agrees to permit FTA and its vendors’ access to the sites of performance under this contract as reasonably may be required.

Section 15: Environmental Requirements:

Clean Air:

(1) The Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Vendor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Clean Water:

(1) The Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Vendor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Vendor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Section 16: Energy Efficiency:

Energy Conservation - The vendor 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.

Section 17: Labor Provisions

The vendor shall maintain and preserve, and require sub-vendors to maintain and preserve, payroll records for a period of three years from the date of completion of this agreement. Such records shall contain for each employee their name, address, social security number, correct classification, hourly rates of wages, daily and weekly number of hours worked, deductions and actual wages paid.

In addition, all records to be maintained by the vendor and all sub-vendors under this agreement shall be made available for inspection, copying or transcription by authorized representatives of the U.S. DOT, U.S. DOL and ODOT.

Contract Work Hour and Safety Standards Act:

Vendor agrees to comply with 29 CFR, Part 1926, which implements Section 107 of the Contract Work Hour and Safety Standards Act.

Overtime Requirements:

No vendor or sub-vendor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater.

Violation: Liability for Unpaid Wages and Liquidation Damages:

In the event of any violation of the clause set forth in subparagraph (b)(1) 29 CFR 5.5 the vendor and any sub-vendor responsible therefore shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards employed in violation of the clause set forth in subparagraph (b)(1) 29 of CFR 5.5 in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b)(1) 29 CFR 5.5.

Withholding for Liquidated Damages:

ODOT or the recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor shall withhold or cause to be withheld, from any moneys payable on account of work performed by the vendor or sub-vendor under any such contract or any other federal contract with the same prime vendor, or any other federally assisted contract subject to the contract Work Hours and Safety Standards Act, which is held by the same prime vendor, such sums as may be determined to be necessary to satisfy any liabilities of such vendor or sub-vendor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b)(2) of 29

CFR 5.5.

Subcontracts: The vendor agrees to incorporate these clauses into any subcontract awarded pursuant to this solicitation and also require the sub vendors to include these clauses in any lower tier sub vendor. The prime vendor shall be responsible for compliance by any sub vendor or lower tier sub vendor with the clauses set forth in this section.

Section 18: Cargo Preference

Cargo Preference - Use of United States-Flag Vessels:

The Vendor 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 vendor in the case of a sub-vendor'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.

Section 19: No Government Obligation to Third Parties

(1) The Purchaser and Vendor 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, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Vendor 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 sub-vendor who will be subject to its provisions.

Section 20: Program Fraud and False or Fraudulent Statements

(1) The Vendor 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 Vendor 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 Vendor 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 Vendor to the extent the Federal Government deems appropriate.

(2) The Vendor 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 Vendor, to the extent the Federal Government deems appropriate.

(3) The Vendor 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 sub-vendor who will be subject to the provisions.

Section 21: Federal Changes

Vendor 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 the Ohio Department of Transportation and FTA, as they may be amended or promulgated from time to time during the term of this contract. The vendor’s failure to so comply shall constitute a material breach of this contract.

Section 22: Recycled Products

Recovered Materials - the vendor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

Section 23: Government-wide Debarment and Suspension

(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Vendor is required to verify that none of the Vendors, its principals (defined at 2 C.F.R. §

180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(3) The accompanying certification is a material representation of fact relied upon by the subrecipient.

If it is later determined that the vendor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C, in addition to remedies available to the Ohio Department of Transportation and subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.

3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Section 24: Incorporation of Federal Transit Administration (FTA) Terms

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by USDOT, as set forth in the current FTA Circular 4220 and the current FTA Master Agreement are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Vendor shall not perform any act, fail to perform any act, or refuse to comply with any Ohio Department of Transportation requests which would cause the Ohio Department of Transportation to be in violation of the FTA terms and conditions. Vendor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the Ohio Department of Transportation and FTA, as may be amended or promulgated from time to time during the term of this contract. Vendor’s failure to so comply shall constitute a material breach of this contract.

Section 25: Fly America

The Vendor 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 vendors 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 Vendor 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 Vendor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

Section 26: Pre-Award and Post-Delivery Audit Requirements

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

(1) Buy America Requirements: The Vendor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder(s)/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 Vendor shall submit evidence that it will be capable of meeting the bid specifications.

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Vendor 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.

Section 27: Motor Vehicle Pollution Requirements:

The SAE net horsepower of the vehicle, regardless of fuel source is adequate for the speed range and terrain in which it will be operating and to meet the demands of all auxiliary power equipment.

Vendor(s) should be aware the terrain throughout Ohio ranges from flat to sustained 6% grades to short 9% grades.

All gases and vapors emanating from the crankcase of spark-ignition engines are controlled to minimize their escape into the atmosphere. Visible emission from the exhaust will not exceed #1 on the Ringlemann Scale when measured six inches from the tail pipe with the vehicle in steady operation.

When the vehicle has been idled for three minutes and then accelerated to 80% of rated speed under load, the capacity of the exhaust will not exceed #2 on the Ringlemann Scale for more than five seconds, and not more than #1 on the Ringlemann Scale thereafter.

Section 28: ADA Compliance

The Vendor agrees to comply with the requirements of 49 U.S.C. § 5301 (d), which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The Vendor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the Vendor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

Section 29: Pricing

Upon the Vendor signing a valid Vehicle Cost Worksheet (VCW) with ODOT, an ODOT subrecipient, or other local agency, the Vendor shall honor that price for a minimum of 90 calendar days while ODOT or the local agency processes the order and allow time for paperwork to be completed.

Price Adjustment Clause:

Manufacturer price adjustments will be considered once a year, starting with the second state fiscal year of the contract or July 1, 2024, provided that price adjustments cover both upward and downward movement of the commodity price and the adjustment is based on the “pass through” increase or decrease of raw materials and/or labor and/or manufacturer price incentives (not originally considered) which make up all or a substantial part of the product. Adjustments are to be based upon an actual dollar figure, not a percentage. Written request for price adjustment including supportive documentation, which must include the request on Vendor’s letterhead and documentation from the Manufacturer and an updated excel price sheet with the original prices included along with changes made.

The Department may accept the price adjustment and amend the contract accordingly, reject the adjustment and continue the contract as is with no change in price, or cancel the contract. The Department will have sole discretion in the approval of any price adjustments. Price adjustments will become effective on the date of the Department’s acceptance letter. No increase will be considered within the first twelve (12) months of the contract. The Vendor may submit one price adjustment increase request per state fiscal year during the contract term, unless otherwise deemed necessary by ODOT to allow more requests. The price adjustment clause supersedes references to firm bid found in Section ten of the Standard Terms and Conditions.

Build out date: This is the date after which the manufacturer no longer produces or is unable to provide the current model year chassis.

All orders received and accepted by the vendor(s) on, or prior to, the build-out-date shall guarantee delivery of the vehicle as described on the purchase order at the contract price.

Any order received by the vendor(s) after the build-out-date will be subject to availability. The vendor(s) reserves the right to accept or reject these orders. If accepted, the vendor(s) shall be required to fulfill the contract.

Vendors must submit only one type and size of vehicle per form. If all AV vehicles are being bid upon, 2 separate forms must be submitted. Vehicle pricing shall be based upon each floor plan meeting the minimum specifications. The lift and securement system shall be specified at time of order, along with any additional options or deviations from the minimum specification. All options shall have a valid price as an upgrade from the standard and a price if purchased separately from the vehicle chassis.

Section 31: Specifications: Accessible Vans

252-24 Minimum Specifications

SPECIFICATIONS

Accessible Van

General: All vehicles will be the latest current model incorporating the latest engineering changes, with manufacturer's standard equipment, unless otherwise specified, meeting all the standards listed below. All parts will be new. Vehicles will be thoroughly inspected and tested during construction to ensure the equipment is installed and operating properly. Vehicles will be rust proofed, watertight and fume proof.

For bidders to be considered responsive to the bid, they must be prepared to supply any and all items or literature listed in any section or notify ODOT prior to bid opening of any items that are not available. Failure to notify ODOT will imply the bidder can and will if requested supply any item listed. The quality of this equipment and the installation techniques used will, at minimum, conform to the standard practice of the automotive industry. Vehicles which are to be provided with optional equipment will conform to the specifications for that equipment.

All parts will be newly manufactured.

For this bid, a maximum of four contracts will be awarded to the three lowest bidders per each of the two vehicle types:

1) 252-24 – Accessible Van – Gasoline/LPG

2) 252-24 – Accessible Van – Low Floor

3) 252-24 – Accessible Van - Electric

ITEM NO. MINIMUM SPECIFICATIONS

A. VEHICLE AND SAFETY STANDARDS

1A. Must meet Buy America requirements

2A. Meet current SAE standards.

3A. Must meet FMVSS 220 rollover testing

4A. Must meet FMVSS 201 & 220 Structural Requirements

5A. Must meet FMVSS 207 & 210 seatbelt pull test

6A. Interior panels must meet FMVSS 302

7A. Must meet UL Standards

8A. Must meet OSHA Standards

9A. Must meet State of Ohio Motor Vehicle Laws

10A. Must meet ADA Regulations Subpart B – Buses, Vans and Systems

11A. Must meet Title 49, CFR, Part 38, Subparts A and B

B. DIMENSIONS

1B. AV: Ford Transit 250 or 350 Medium Roof Van, modified to transit vehicle standards for passenger transport.

AV – Low Floor: RAM ProMaster 3500, modified to transit vehicle standards for passenger transport.

AV – electric: Ford Transit 250 or 350 Medium Roof Van or RAM

ProMaster 3500, modified to transit vehicle standards for passenger transport.

ITEM NO. MINIMUM SPECIFICATIONS

2B. Maximum exterior width:

AV and AV-electric: 81.3 inches (excluding mirrors) AV-low floor: 80.3 inches

3B. Minimum exterior height:

AV and AV-electric: 99 inches AV-low floor: 102.5 inches

4B. Interior Width:

AV and AV-electric: 1.7 m (67 inches);

AV-low floor: 69 inches

5B Minimum bumper to bumper length:

AV and AV-electric: 235.5 inches;

AV-low floor: 250 inches

6B. Minimum center aisle interior height:

AV and AV-electric: 69 inches;

AV-low floor: 85 inches

7B. Minimum interior floor length:

AV and AV-electric: 3.27 m (129 inches);

AV-low floor: 182 inches

8B. Middle aisle width:

AV and AV-electric: 22.86 cm (9 inches) AV-low floor: 38 inches

9B. Ground Clearance: AV – Low floor – 10 inch

C. ENGINE AND DRIVETRAIN

1C. GVWR: 9000lbs

2C. Minimum Engine: 3.6L V-6 Original OEM equipped, not modified in any way.

AV- Electric - Minimum Original OEM Electric Motor

3C. Wheelbase: 148 inches.

4C. Fuel Tank/Size: OEM – largest available. No modifications are permitted.

AV – electric: NA

5C. Transmission: Automatic 6-speed overdrive transmission AV – electric: Electric vehicles will be single speed transmission

6C. Drive Shaft Guard: OEM protective metal guard to prevent broken drive shaft from touching the ground, contacting any brake lines, or penetrating the floor of the vehicle, in compliance with CRF part 393.89.

7C. *Exhaust: Discharge 15.24 cm (6 inches) from rear of vehicle on driver’s side.

*This requirement does not apply to electric vehicles.

8C. Rear Axle ratio: 3.73 Limited Slip

9C. Cooling System: Front: Heavy duty factory installed with coolant recovery system

Rear Heat / AC system must be single system minimum 31,000 BTU cool / 28,000

BTU heat, direct vented to headliner with 4 vents. OEM rear system is not acceptable.

10C. Power Steering, tilt steering wheel, and cruise control; Power Steering, tilt steering wheel, and cruise control as installed by OEM

11C. Super Engine Cooling: Heaviest duty system available, include factory installed coolant recover system.

12C. Transmission Cooler: Must be equipped with an external transmission oil cooler in addition to the radiator cooler, of a capacity that is capable of maintaining safe transmission operating temperatures while the vehicle is in transit use.

13C. For Liquefied Petroleum Gas (LPG) vehicles, the van shall accept liquefied petroleum gas (LPG) application if required for fleet compliance by federal Environmental Protection Agency (EPA) alternate fuel application guidelines. The engine/chassis shall include a gaseous fuel preparation package and the cylinder heads shall have hardened valve seats.