3000022460 - Attachment A - Special Terms and Conditions - Pages.docx

RFx 3000024460

Attachment A - Special Terms and Conditions

Bid Delivery Instructions for State Procurement:

Bidders are hereby advised that the Office of State Procurement (OSP) must receive bids at its physical location by the date and time specified on page 1 of the Invitation to Bid.

Bids may be mailed or delivered by hand or courier service to the Office of State Procurement’s physical location as follows:

Office of State Procurement Claiborne Building, Suite 2-160 1201 North Third Street Baton Rouge, LA 70802

Or bids may be submitted online by accessing the link on page 1 of the Invitation to Bid.

Bidder should be aware of security requirements for the Claiborne Building and allow time to be photographed and presented with a temporary identification badge.

Bidder is solely responsible for ensuring that its courier service provider makes inside deliveries to the Office of State Procurement’s physical location. The Office of State Procurement is not responsible for any delays caused by the bidder's chosen means of bid delivery. Bidder is solely responsible for the timely delivery of its bid. Failure to meet the bid opening date & time shall result in rejection of the bid.

Note: Bidders who choose to respond to this bid online via the vendor portal are encouraged to not submit a written bid as well.

Bidders are hereby advised that due to the nature of the internet, the State of Louisiana cannot guarantee that access to the LaGov or LaPAC websites will be uninterrupted or that e-mails or other electronic transmissions will be sent to you or received by us. The Office of State Procurement is not responsible for any delays caused by the bidder’s choice to submit their bid online. Bidder is solely responsible for the timely delivery of its bid. Failure to meet the bid opening date and time shall result in rejection of the bid.

**Attention**

Receipt of a solicitation or award cannot be relied upon as an assurance of receiving future solicitations. In order to receive notifications of future solicitations from this office, you must register and enroll in the proper category in LaGov at the following website:

https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg

Enrollment in LaGov provides LaPAC email notification of bid opportunities based upon commodities that you select.

Calendar of Events:

Deadline to receive written inquiries: April 17, 2025

Deadline to answer written inquiries: April 24, 2025

Bid Opening Date and Time: May 1, 2025 at 10:00 AM (Central Time)

NOTE: The State of Louisiana reserves the right to revise this calendar. Revisions before the bid opening date and time, if any, will be formalized by the issuance of an addendum to this ITB.

Bidder Inquiries:

The State shall not and cannot permit an open-ended inquiry period, as this creates an unwarranted delay in the procurement cycle and operations of our Agency customers. The State reasonably expects and requires responsible and interested bidders to conduct their in-depth bid review and submit inquiries in a timely manner.

An inquiry period is hereby firmly set for all interested bidders to perform a detailed review of the bid documents and to submit any written inquiries relative thereto. Without exception, all inquiries MUST be submitted in writing by an authorized representative of the bidder, clearly cross-referenced to the relevant bid section. All inquiries must be received by the Inquiry Deadline date set forth in the Calendar of Events section of this bid. Only those inquiries received by the established deadline shall be considered by the State. Inquiries received after the established deadline shall not be entertained.

Inquiries concerning this bid may be delivered by mail, express courier, e-mail, hand, or fax to:

Office of State Procurement Attention: Amy Gotreaux 1201 North Third St.

Claiborne Bldg., Suite 2-160 Baton Rouge, LA 70802

E-Mail: amy.gotreaux@la.gov Phone: (225) 342-9200 / Fax: (225) 342-9756

Only the person identified above or their designee has the authority to officially respond to bidder’s questions on behalf of the State. Any communications from any other individuals are not binding to the State.

An addendum will be issued and posted at the Office of State Procurement LaPAC* website, to address all inquiries received and any other changes or clarifications to the bid. Thereafter, all bid documents, including but not limited to the specifications, terms, conditions, plans, etc., will stand as written and/or amended by any addendum. No negotiations, decisions, or actions shall be executed by any bidder as a result of any oral discussions with any state employee or state consultant. It is the bidder’s responsibility to check the LaPAC website frequently for any possible addenda that may be issued. The Office of State Procurement is not responsible for a bidder’s failure to download any addenda documents required to complete the bid.

*Note: LaPAC is the State’s online electronic bid posting and notification system resident on State Procurement’s website https://www.doa.la.gov/doa/osp/. In that LaPAC provides an immediate e-mail notification to subscribing bidders that a solicitation and any subsequent addenda have been let and posted, notice and receipt thereof is considered formally given as of their respective dates of posting.

To receive the email notification, vendors must register in the LaGov portal. Registration is intuitive at the following link:

https://lagoverpvendor.doa.louisiana.gov/irj/portal/anonymous?guest_user=self_reg

Help scripts are available on the Office of State Procurement website under Vendor Resources at: https://www.doa.la.gov/doa/osp/vendor-resources/.

Terms and Conditions:

This solicitation contains all terms and conditions with respect to the commodities herein. Any vendor contracts, forms, terms, or other materials submitted with bid may cause bid to be rejected.

Vendor's Forms:

The purchase order is the only binding document to be issued against the contract. Signing of vendor's forms is not allowed.

Vendor List:

The bidder who signs the bid will be designated as the Prime Contractor on any contract resulting from this solicitation. If additional distributor vendors are authorized to receive orders for items contained in said contract, the bidder should submit with the bid, a list of those additional authorized distributors including the complete business address. The Prime Contractor will be responsible for the actions of any distributor vendors listed.

Substitutes:

Only brands and numbers stated in the award are approved for delivery under the contract and any substitution must receive prior written approval of the Office of State Procurement.

Acceptance:

Unless otherwise specified, bids on the contract will be assumed to be firm for acceptance for a minimum of 60 days. If accepted, prices must be firm for the specified contract period.

Price Reductions:

Whenever there is a reduction in price, which is lower than the contract price, offered to similarly situated customers contracting for the same period and under the same terms and conditions, said reduction must be presented directly to the Office of State Procurement. No price reduction on a statewide contract may be offered to an Agency unless that reduction is offered to all Agencies.

Payment:

Payment will be made on the basis of unit price as listed in this contract; such price and payment will constitute full compensation for furnishing and delivering the contract commodities. In no case will the State Agency refuse to make partial payments to the Contractor although all items have not been delivered. This payment in no way relieves the Contractor of his responsibility to effect shipment of the balance of the order. Payment will be to vendor and address as shown on order.

Invoices:

Invoices will be submitted by the Contractor to the Using Agency and the invoice shall refer to the delivery ticket number, delivery date, purchase order number, quantity, unit price, and delivery point. A separate invoice for each order delivered and accepted shall be submitted by the Contractor in duplicate directly to the accounting department of the Using Agency. Invoices shall show the amount of any cash discount and shall be submitted on the Contractor's own invoice form.

Contract Revisions:

Requests for revisions to the contract must be addressed to the Office of State Procurement and shall refer to the contract item number with justification of the request. Distributor vendor changes, price reductions and justifiable item deletions may be considered during the contract period. New item additions may be considered only when the Office of State Procurement has determined additions will be of substantial benefit to the State and will justify the time, effort and cost required to make such addition.

The Contractor must immediately notify the Office of State Procurement when any dealer on the contract is terminated, relocated or added. All orders placed with dealers prior to receipt of such notification by the Office of State Procurement must be honored. Revisions will become effective only upon approval by the Office of State Procurement. Bidder should include with bid a list of all persons, in addition to the signer of the bid, who are authorized to request revisions to this contract.

Price Escalation:

Vehicle and option pricing may be negotiated on an annual basis only upon the manufacturer’s order cutoff date. Price adjustments shall only be permitted for changes in the Contractor’s cost of materials or services. The Contractor must submit a written request for a price adjustment to the Office of State Procurement no later than 30 calendar days following the manufacturer’s model year order cutoff date. No adjustments shall be effective until approved in writing by the Office of State Procurement. The State reserves the right to accept, reject, or negotiate the proposed price adjustment.

The Producer Price Index (PPI) series WPU14110131 and/or WPU 14110571, published by the Bureau of Labor Statistics, United States Department of Labor will be used as a guide in reviewing any price adjustments.

The Contractor shall document the amount of any general change in the price of materials. Documentation shall be supplied with the Contractor’s request for increase which will: (1) verify that the requested price increase is general in scope and not applicable just to the State of Louisiana; and (2) verify the amount or percentage of increase which is being passed on to the Contractor by the vehicle manufacturer.

In the event of a price decrease in the Contractor’s list price, the State shall be notified immediately. All such price reductions shall be effective immediately upon notification to the State.

Contractual Period:

The State of Louisiana intends to award all items for an initial period, not to exceed 60 months. Delays in awarding, beyond the anticipated starting date, may result in a change in the contract period. If the situation occurs, an award may be made for less than 60 months.

Quantities:

This is an open-ended requirements contract. Quantities shown are based on the previous contract usage or estimates. Where usage is not available, a quantity of one indicates a lack of history on this item. The successful bidder must supply at bid prices actual requirements as ordered whether the total of such requirements is more or less than the quantities shown.

Orders:

The Office of State Procurement shall issue contract purchase orders for the items required, as and when needed. Political subdivisions of the State and Quasi Agencies who have been authorized to purchase from contracts made by the Office of State Procurement, are to issue their regular purchase orders directly to the supplier, making reference to the contract and item number.

Cooperative Purchase:

It is the intent of the Office of State Procurement (OSP) to accommodate cooperative purchasing in any contract awarded from this solicitation.

As described below, Political Subdivisions of the State, Quasi State Agencies, External Procurement Units, and Agencies of the United States Government are to be authorized (potential) users of the contract(s) resulting from this solicitation, subject to the pricing and terms set forth in the contract(s).

· Political Subdivisions of the State include, but are not limited to, parish governments, municipal governments, school districts, human service districts, local governments and public utilities.

· Quasi State Agencies include, but are not limited to, non-profit or for-profit organizations created by the State of Louisiana or any Political Subdivision or Agency thereof, or any special district or authority, or unit of local government, to perform a public purpose.

· External Procurement Units include, but are not limited to, buying organizations not located in the State of Louisiana, which, if located in the State, would qualify as a public procurement unit.

The current list of approved cooperating purchasing entities (including Political Subdivisions, Quasi State Agencies and External Procurement Units) is maintained and regularly updated on the OSP website at: https://www.doa.la.gov/doa/osp/agency-resources/osp-purchasing/approved-quasi-units/ and may be used as a reference.

Bidders or Contractors may prospectively choose to partially or entirely ‘opt-out’ of accommodating cooperative purchasing for such contract(s) by sending formal written notification of same to the Office of State Procurement. This notification should clearly specify which individual type(s) of cooperative purchasing entities the Bidder/Contractor is choosing to not allow to participate in contract cooperative purchasing. Any purchase orders received by the contract-holder from cooperative purchasing entities prior to the contract-holder’s opt-out notification to OSP must be honored in accordance with the contract.

The extent of participation (or non-participation) by any vendor in cooperative purchasing will not affect the award of any contract(s) resulting from this solicitation.

Electronic Vendor Payment Solution:

In an effort to increase efficiencies and effectiveness as well as be strategic in utilizing technology and resources for the State and the Contractor, the State intends to make all payments to Contractors electronically. The LaCarte Procurement Card will be used for purchases of $5,000 and under, and where feasible, over $5,000. Contractors will have a choice of receiving electronic payment for all other payments by selecting the Electronic Funds Transfer (EFT). If you receive an award and do not currently accept the LaCarte card or have not already enrolled in EFT, you will be asked to comply with this request by choosing either the LaCarte Procurement Card and/or EFT. You may indicate your acceptance below.

The LaCarte Procurement Card uses a Visa card platform. Contractors receive payment from State Agencies using the card in the same manner as other Visa card purchases. Contractors cannot process payment transactions through the credit card clearinghouse until the purchased products have been shipped or received or the services performed.

For all Statewide and Agency Term Contracts:

· Under the LaCarte program, purchase orders are not necessary. Orders must be placed against the net discounted products of the contract. All contract terms and conditions apply to purchases made with LaCarte.

· If a purchase order is not used, the Contractor must keep on file a record of all LaCarte purchases issued against the contract during the contract period. The file must contain the particular item number, quantity, line total and order total. Records of these purchases must be provided to the Office of State Procurement on request.

EFT payments are sent from the State’s bank directly to the payee’s bank each weekday. The only requirement is that you have an active checking or savings account at a financial institution that can accept Automated Clearing House (ACH) credit files and remittance information electronically. Additional information and an enrollment form is available by contacting the Office of Statewide Reporting & Accounting at DOA-OSRAP-EFT@la.gov .

To facilitate this payment process, you will need to complete and return the EFT enrollment form.

If an award is made to your company, please check which option you will accept or indicate if you are already enrolled.

EFT ______ ______

Printed Name of Individual Authorized

Email address and phone number of authorized individual

Procurement of United States Products:

Per La. R.S. 39:362(C), any motor vehicle purchased by the State of Louisiana shall be produced in the United States. For purposes of this solicitation, produced in the United States shall include any vehicle:

1. With at least 50% of its component parts produced in the United States or Canada as defined by Part 583 American Automobile Labeling Act (AALA) Reports;

2. With a final assembly point in the United States; or

3. With the origin of its engine or transmission in the United States

Proof of “produced in the United States” status shall be provided within 7 business days of request by OSP.

Louisiana Motor Vehicle Dealers License:

Bidders (motor vehicle dealers as defined in La. R.S. 32:1252) must be properly licensed by the Louisiana Motor Vehicle Commission. Bidders should include a copy of a valid dealer's license issued under the provisions of La. R.S. 32:1254 with their bid. Any bidder who fails to include a valid dealer’s license with their bid must provide a copy to this office within 10 business days following the bid opening date. Failure to do so will result in the bid being rejected.

Any questions regarding licensing required by the Motor Vehicle Commission should be directed to the Motor Vehicle Commission at (504) 838-5207, or via website: www.lmvc.la.gov.

Administrative Fee:

The State shall be due a minimum 0.5 % administrative fee of each vehicle’s price as ordered, (base vehicle price plus the price of any added options) to be payable to the State of Louisiana, Office of State Procurement (OSP) in exchange for the management and facilitation of the contract(s) resulting from this solicitation. The calculation of the administrative fees includes any entity receiving contract pricing resulting from the awarded contracts. The administrative fees shall be submitted quarterly and shall be based on the total net (gross sales minus returns, credits and deductions) sales made to entities located in the State of Louisiana under the contract. Initiation and submission of the administrative fees to OSP is the responsibility of the Contractor without prompting or notification by the State Procurement Analyst (SPA). If these administrative fees are not submitted in a timely manner, OSP shall have the right to terminate the contract.

The check is to be made payable: Louisiana DOA - Office of State Procurement. The check is to be mailed or sent through a courier service to the following address: Office of State Procurement, Attn: OSP Receivables Specialist, 1201 North 3rd Street, Claiborne Building - Suite 2-160, Baton Rouge, LA 70802. The calculation of the administrative fee or rebate shall begin immediately upon execution of the contract and payment shall be made in accordance with the following schedule:

IF VENDOR/CONTRACTOR IS OFFERING A GREATER ADMINISTRATIVE FEE OR REBATE THAN SPECIFIED ABOVE, PLEASE INDICATE THE PERCENTAGE HERE: ____________%

NOTE: CONTRACTOR SHALL INDICATE THE STATE CONTRACT NUMBER ON THE REMITTANCE. WHEN SUBMITTING ONE REMITTANCE FOR MORE THAN ONE CONTRACT, CONTRACTOR SHALL INDICATE ALL STATE CONTRACT NUMBERS AND THE AMOUNT FOR EACH.

Contract Usage Reports:

The Contractor shall submit detailed contract usage reports quarterly to the State Procurement Analyst (SPA) for the contract in accordance with the below schedule. Initiation and submission of the quarterly reports to the SPA is the responsibility of the Contractor without prompting or notification by the SPA. If these reports are not submitted in a timely manner, the Office of State Procurement (OSP) shall have the right to terminate the contract.

The specific usage report content, scope, and format requirements is available on the Office of State Procurement website under Vendor Resources/Vendor Forms: https://www.doa.la.gov/doa/osp/vendor-resources/.

In addition, the person’s name who compiled the report and their contact information shall be provided. OSP reserves the right to request copies of any purchase orders issued against the contract.

The usage reports shall be submitted utilizing this format or an equivalent format that has been pre-approved by OSP.

Schedule for submittal of usage reports:

Literature:

Literature and/or specifications must be submitted upon request; if requested, literature and/or specifications must be submitted within 5 business days of written request.

If bidding other than specified, sufficient information should be enclosed with the bid in order to determine quality, suitability, and compliance with the specifications.

Failure to comply with this request may eliminate your bid from consideration.

Non-Exclusivity Clause:

This agreement is non-exclusive and shall not in any way preclude State Agencies from entering into similar agreements and/or arrangements with other vendors or from acquiring similar, equal, or like goods and/or services from other entities or sources.

Termination for Non-Appropriation of Funds:

The continuation of the contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of a contract or if such appropriation is reduced by the veto of the Governor or by any means provided in the Appropriations Act or Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriations for the year from exceeding revenues for that year or for any other lawful purpose and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.

Increase/Decrease:

The quantities listed herein are estimated to be the amount needed. In the event a greater or lesser quantity is needed, the right is reserved by the State of Louisiana to increase or decrease the amount, at the unit price stated in the bid.

Method of Award Award will be made by line to the lowest responsive, responsible bidder, bidding as specified based on the lowest Vehicle Unit Price provided in Attachment G – Checklists and Price Sheets – Pages 1-11.

Waste Tire Fee Do not include the cost of the waste tire fee in your bid price. The State of Louisiana, Office of State Procurement will add the cost of the waste tire fee to the bid amount upon award.

In accordance with LAC 33:VII.10521 (d) the following waste tire fee will be added to the successful bidder's award: $2.25 for passenger/light truck tires including the spare, $5.00 for medium truck tires including the spare and $10.00 for off road vehicle tires including the spare. Bidders are requested to note the number of tires on the vehicle being bid, including the spare.

Including Spare

5-2MV

8-2B

12-2B

Low Floor 12-2B

Ford Transit Modified or Equal

Louisiana Safety Inspection Sticker Do not include the cost of the safety inspection in your bid price. Applicable Safety Inspection Sticker cost, as determined by LA Dept. of Motor Vehicles (DMV) guidelines, will be added to awarded lines, based on the parish in which the Dealer is domiciled.

Two (2) Year new vehicle Safety Inspection Stickers will be required for participating Dealers, in participating parishes. One (1) Year Safety Inspection Stickers will be required for all other vehicles not covered above. Dealers located in Orleans Parish will have the cost of an East Baton Rouge Parish Inspection Sticker added to awarded lines ($18).

Dealership domiciled in ______________________________ Parish.

☐Dealership authorized to issue LA new vehicle two (2) Year Safety Inspection Sticker.

☐Dealership authorized to issue LA one (1) Year Safety Inspection Sticker ☐Dealership is not authorized to issue, but will obtain a one (1) Year sticker prior to delivery of vehicles.

CDBG/EEOC Compliance Rider By submitting and signing this bid, bidder certifies that he agrees to adhere to the mandates dictated by section 3 of the Housing and Urban Development Act of 1968 as amended and section 109 of the Housing and Community Development Act of 1974.

Warranty Copies of all manufacturers' standard product warranties along with warranties covering any equipment sub-systems (engines, tires, accessories, etc.) attached to the principal equipment should be submitted with the bid response. Such copies shall be provided within 5 business days of request by OSP.

The warranty of each unit shall include chassis, engine, drive train, modifications, etc., and shall be for a minimum of 3 years or 36,000 miles from date the unit is put into service or within 90 days after acceptance, whichever is sooner.

Any and all materials, specialties, equipment or accessories that prove defective in normal operation within the above period will be replaced or repaired by the manufacturer free of any and all cost to the vehicle operator, including material and labor.

The manufacturer will state where warranty maintenance work may be obtained in Louisiana.

Warranty replacements and/or repairs will be furnished promptly by the successful bidder.

Belts, brake pads, filters, tires, fluids, light bulbs, etc., will not be included in the warranty (normal everyday wear and tear items).

The bidder should provide written assurances and warranty certifications with bid submissions regarding warranty repairs.

The bidder shall provide a minimum standard warranty on all ramps, wheelchair lifts, wheelchair and occupant restraint systems, and digital security camera systems and shall maintain this equipment during the warranty period. Vendor shall provide a list of recommended spare parts, including unit costs, upon request.

The bidder shall describe his/her policy and procedures on warranty(s) both on workmanship and material as applying to the equipment along with the method of adjustment. Contractor shall assume responsibility and warranty for materials and accessories used in the vehicle(s), whether the same are made by the manufacturer or purchased from an outside source. Service shall be available within a 50 mile radius or reasonable location relative to the location of the user. Ability to provide warranty will be a condition of award. If warranty service location is not clear, the State may ask bidder for specific location(s). The State will be sole judge of determining contractor's ability to provide warranty service as described.

If service is required outside of the 50 mile radius, the successful bidder shall arrange for prompt service by his repairman at the convenience of the user. If this cannot be arranged, the successful bidder shall pay all expenses involved in transporting vehicle to location required for the services needed.

Altoona Testing Vehicle bid must have been submitted to the Altoona Bus Test Center for testing. Testing must be completed prior to award. A copy of the test report shall be made available to the State within 72 hours of request.

Delivery Unless otherwise indicated by the bidder, delivery of unit(s) covered by these specifications shall be made within 120 calendar days after vendor's receipt of order (ARO). Alternate delivery time frames indicated by the bidder must be reasonable.

Delivery to Baton Rouge shall be included in the bid price. Most vehicles purchased will be delivered to the Louisiana Department of Transportation and Development, 1201 Capitol Access Rd., Baton Rouge, LA 70802.

"Caravan· or drive away" deliveries straight from the manufacturer to the State will not be accepted. A pre-delivery in-service inspection shall be performed by the vendor before delivery. An inspection checklist (supplied by the State) shall be delivered with each vehicle. A name and location where this inspection will be performed should be submitted with bid. Manufacturer checklist is not acceptable. Each unit shall be delivered completely assembled and ready to operate.

Name of Inspection Location: ______________________________________________

Address of Inspection Location: ______________________________________________

Each vehicle shall be delivered with the following:

a. Certificate of Origin

b. Notarized Bill of Sale

c. Mileage Certification Form, as required by the Louisiana Department of Public Safety

d. Manufacturer Service Policy

e. Owners/Operators Manual

f. Service Manual. To include Service/Repair information as applicable for:

i. Chassis/understructure

ii. Engine

iii. Transmission

iv. Passenger Body

g. A wiring diagram of all components installed by the vendor shall be furnished with each unit.

h. Miscellaneous Manuals including:

i. Safety Manual describing operator "do's & don'ts” for safe vehicle operation.

ii. Tire maintenance/Tire Care Manual