QA responses document 2.xlsx
XLSX spreadsheet 176 KB Posted
- Solicitation number
- S-10700-00012138
- Issued by
- Marion County, Oregon
About this file
The document is a Questions and Responses (QA) spreadsheet for State of Oregon Solicitation S-10700-00012138, involving the Department of Administrative Services, State Procurement Services and the Oregon Cooperative Procurement Program (ORCPP). The procurement seeks ADA-compliant heavy-duty transit vehicles, specifically 35-foot, 40-foot, and 45-foot buses in low-floor and high-floor configurations, with potential for remanufactured buses and fuel conversion services. Proposal questions were due by February 28, 2025, with final proposals scheduled for submission on April 3, 2025, at 3:00 PM PT. The contract term is initially two years, with options to renew annually up to a maximum of five years, and an estimated contract usage of $5 million for the initial term potentially expanding to $10 million with all renewal options exercised.
The procurement will utilize a best value analysis with cost as a significant factor, planning to award up to three price agreements per vehicle subcategory. Successful contractors must pay a 0.5% Vendor Collected Administrative Fee (VCAF) on gross sales, capped at $1,000 per vehicle. Federal funding may be used for purchases, requiring compliance with Buy America standards, Disadvantaged Business Enterprise (DBE) participation, and Federal Transit Administration (FTA) certifications. The solicitation includes provisions for Certified Disadvantaged Business Enterprises, encouraging engagement with small businesses certified under ORS 200.055, such as minority-owned, woman-owned, veteran-owned, and emerging small businesses. Insurance requirements are comprehensive, including workers' compensation, commercial general liability, automobile liability, and garage liability coverage.
View the file
Other files
Show all 22
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Table 1
| State of Oregon S-10700-00012138 Questions (Document 2) | ||||||||
| AE # | Model(s) | Page # | Section # | Spec Language | Approved Equal | Drawings and Attachments | Customer Response | |
| 1 | N/A | Multiple | Multiple | MCI clarifies that we currently do not offer coach models with CNG or Hybrid propulsion. Our available coach models are 45ft powered either by diesel engines or fully battery electric propulsion systems. Therefore, our proposal will exclusively include coach models that operate on either diesel engines or fully electric systems. | Submitting only diesel or electric vehicles is acceptable. | |||
| 67 | ALL MODELS | 82 | 23.4 | Programmability (Software) | The multiplex system must have security provisions to protect its software from unwanted changes. This shall be achieved through any or all of the following procedures: |
•password protection •limited distribution of the configuration software •limited access to the programming tools required to change the software •hardware protection that prevents undesired changes to the software Provisions for programming the multiplex system must be possible through a PC or laptop. The multiplex system must have proper revision control to ensure that the hardware and software are identical on each vehicle equipped with the system. Revision control must be provided by all of the following:
•hardware component identification where labels are included on all multiplex hardware to identify components •hardware series identification where all multiplex hardware displays the current hardware serial number and firmware revision employed by the module •software revision identification where all copies of the software in service displays the most recent revision number
| •a method of determining which version of the software is currently in use in the multiplex system | MCI clarifies that customers do not have access to programming tools for revising or creating new software. However, they can download the current read-only application. | This is a requirement from the manufacturer, not the customer (purchaser). |
| 203 | 12 of 25 | |
| 23 of 145 | 3.4.4 | |
| 1. | Market Basket (Catalog of proposed goods and services) | |
| General | f.For each market basket vehicle proposed, provide an electronic catalog |
of recommended spare parts, including, if available, manufacturer list price and discount percentage off list price. Discount percentage may be included in Attachment A, Exhibit A. Electronic catalog requires ability to be updated throughout the Price Agreement term. If list price discount is not available, then Agreement pricing may be provided.
Bus OEM must offer actuators, sensors and other key parts of the suppression system that will need to be replaced during the life of the bus, on the spare parts list. Motor Coach would like to clarify that Motor Coach will provide a first-bus Recommended Stocking List (RSL) 30 days prior to the customer's pilot/first- bus delivery. This RSL parts listing will include part number, item description, stocking status, lead time and 30-day pricing information which will assist the customer in stocking parts that will support both the customer's regular and preventive bus maintenance programs. This abbreviated list is compiled using the actual bus build information that is available in the customers coach production Bill of Material (BOM).
Typically, as a coachis built there are various changes that occur while on the production line, including customer changes, OEM part supersessions etc. that will result in the final Bill of Material (BoM) being different from the initial BoM which is why New Flyer recommends providing a first-bus Recommended Stocking List (RSL) 30 days prior to the customer's pilot/first- coachdelivery. Thirty days prior to the customer's pilot/first-bus delivery the BoM will be frozen. Although we can provide something before 30 days prior to the customer's pilot/first-bus delivery, we cannot guarantee it’s accuracy and therefore any parts ordered off that list will be at the customers risk.
| Motor Coach will also provide the customer with a more inclusive Parts Provisioning List following last-bus delivery. This listing will be compiled using further part assembly breakdown information identified in the customers Parts manual and will assist in stocking additional parts that further support new bus operations and maintenance over the next 2-3 years. | Approved. | |||||
| 204 | 12 of 25 | 3.4.4 | Market Basket (Catalog of proposed goods and services) | f.For each market basket vehicle proposed, provide an electronic catalog | ||
| of recommended spare parts, including, if available, manufacturer list price and discount percentage off list price. Discount percentage may be included in Attachment A, Exhibit A. Electronic catalog requires ability to be updated throughout the Price Agreement term. If list price discount is not available, then Agreement pricing may be provided. | Motor Coach requests acknowledgement that parts pricing lists are not generated. Thirty (30) days pricing information will be only provided for parts listed in the Recommended Stocking List during customer's first- Coach delivery. Thereafter competitive pricing will be made available by State of Oregon's designated Motor Coach Customer Service Representative. NFI Parts will provide price lists based on awarded | |||||
| Aftermarket contracts. | Approved | |||||
| 205 | 12 of 25 | 3.4.4 | Market Basket (Catalog of proposed goods and services) | f.For each market basket vehicle proposed, provide an electronic catalog of recommended spare parts, including, if available, manufacturer list price and discount percentage off list price. Discount percentage may be | ||
| included in Attachment A, Exhibit A. Electronic catalog requires ability to be updated throughout the Price Agreement term. If list price discount is not available, then Agreement pricing may be provided. | Motor Coach would like to clarify that Motor Coach doesn't provide discount pricing on parts. Firm volumes provided by all customers allows us the opportunity to negotiate pricing and pass savings onto the customer. The customer will also gain the benefit of accessing an experienced Motor Coach Customer Service Representative who is dedicated to communicating all of the pricing requirements. | Approved | ||||
| 206 | 12 | 2.6 | 2.6 CANCELLATION, INSPECTIONS AND ACCEPTANCE | The Authorized Purchaser may cancel an order in whole or in part before Goods and related Services are delivered or performed. Authorized Purchaser has fifteen (15) Calendar Days from date of delivery of the entire order within which to inspect and accept or reject the Goods and related Services. If the Goods and related Services are rejected, Authorized Purchaser shall provide Contractor with written notice of rejection. Notice of rejection must include itemization of apparent defects, including but not limited to (i) discrepancies between the Goods and related Services and the applicable specifications or warranties (including variance from demonstrations or sample characteristics where demonstrations or samples have been provided), or (ii) otherwise nonconforming Goods (including late delivery) and related Services. Notice of rejection must also specify when cure will be allowed. |
2.6.1The Authorized Purchaser may elect to have Contractor deliver substtute conforming Goods at no additional cost to Authorized Purchaser. In such an event, Contractor shall deliver substitute conforming Goods within thirty (30) Calendar Days of receipt of notice of rejection.
2.6.2If the Goods and related Services are rejected or acceptance is revoked, Contractor shall refund any Contract payments that have been made with regard to the rejected Goods and related Services and shall (at Contractor’s sole cost and expense) remove the Goods within ten (10) Calendar Days of receiving notice of rejection or revocation of acceptance.
| 2.6.3Nothing contained in Secton 2.7 precludes Authorized Purchaser from other remedies to which it may be entitled upon rejection or revocation of acceptance. | New Flyer requests approval that if a purchaser cancels the order, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’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. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | |||||
| 207 | 23 | 3.8 | Confidentiality | Contractor shall treat all information or data received, whether such information is freely given to Contractor by Authorized Purchaser, or otherwise received pursuant to this Contract as “Confidential Information.” Any Confidential Information received by Contractor shall not be released to any other person, firm, corporation, or other Entity, either by statement, publication, or otherwise, except upon the direct written authorization of the Authorized Purchaser. | New Flyer requests approval to add the below verbiage to confidentiality clause of the RFP: | ||
| Authorized Purchaser and their representatives and agents agree to enter into a confidentiality agreement with the Contractor prior to commencing an audit, review or analysis in order to protect and maintain the confidentiality of the Contractor’s information. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 208 | 7 | 1.6.4 | Price Adjustment | Either party to this Agreement may request a price adjustment, in whole or in part. | |||
| Contractor may request price increases from Agency. Contractor must submit a request to the Contract Administrator in writing at least 60 Calendar Days before the proposed effective date of the increase. The request must show all proposed increases by line item and include supporting documentation acceptable to Agency. Agency may require Contractor to provide U.S. Bureau of Labor Statistics Producer Price Index or Consumer Price Index data or any other relevant manufacturer or industry data substantiating the increase. However, a price increase may not produce a higher profit margin for Contractor than at the beginning of the initial term of this Agreement. Prices may be increased only once per twelve (12) month period. Price adjustments may be implemented upon both parties’ agreement, in writing, without requiring an amendment to the price agreement. All adjustments will be included on a revised Exhibit A form. | New Flyer requests approval to add the below verbiage regarding Price Adjustments due to Regulatory Changes to Price Adjustment clause of the RFP: | ||||||
| Notwithstanding anything else to the contrary contained herein, in the event that a price adjustment is required in respect of changes that are mandatory as a result of legislation or regulations that become effective after the date of the tender submission, such price adjustment shall be negotiated in good faith by Agency and the successful bidder. For certainty, the parties agree that the prices shall be adjusted in the event that tariffs, customs, duties and/or other taxes are imposed by any government on the goods and/or services provided hereunder. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 209 | 50 | Exhibit F- Termination | Termination | Termination – Applicability – All Contracts over $10,000, except contracts with nonprofit organizations and institutions of higher learning, where the threshold is $250,000. |
a.Terminaton for Convenience (General Provision). b.Terminaton for Default [Breach or Cause] (General Provision). c.Opportunity to Cure (General Provision).
d.Waiver of Remedies for any Breach.
e.Terminaton for Convenience (Professional or Transit Service Contracts).
f.Terminaton for Default (Supplies and Service). g.Terminaton for Default (Transportaton Services). h.Terminaton for Default (Constructon).
i.Terminaton for Convenience or Default (Architect & Engineering). j.Termination for Convenience or Default (Cost-Type Contracts). New Flyer requests approval to delete the below subsections from Termination clause in Exhibit F as they are not relevant to Transit and Motor Coach contracts:
e.Terminaton for Convenience (Professional or Transit Service Contracts).
f.Terminaton for Default (Supplies and Service). g.Terminaton for Default (Transportaton Services). h.Terminaton for Default (Constructon).
| i.Terminaton for Convenience or Default (Architect & Engineering). j.Termination for Convenience or Default (Cost-Type Contracts). | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 210 | 5 | 1.4.2 | Termination of Agreement | Agency’s Right to Terminate for Convenience. Agency may, in its sole discretion, terminate this Agreement, in whole or in part, for any reason upon 30 Calendar Days written notice to Contractor. | New Flyer requests approval to add below verbiage to the termination clause: | ||
| The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 211 | 50 | Exhibit F- b. | |||||
| Termination for Default [Breach or Cause] (General Provision) | Termination for Default [Breach or Cause] (General Provision) | b.Termination for Default [Breach or Cause] (General Provision). If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if 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 to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that 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 contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. | New Flyer requests approval to amend the languange of the Subsection b. Termination for Default [Breach or Cause] (General Provision) under Termination Clause in Exhibit F as below: | ||||
| If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if 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 to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. If it is later determined by the recipient that 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 contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 212 | New | License to Use “Subject Data" | New Flyer requests approval to add the below verbiage to the RFP: | ||||
| All “subject data”, including specifications, technical data, records and reports, engineering drawings (including shop drawings and working drawings), manuals and instruction materials and computer or microprocessor software that is delivered or specified to be delivered under the Contract shall remain the property of the Contractor; provided however, Agency shall have a royalty-free, non-exclusive, non- transferable and irrevocable license to use such subject data only for the purposes of operating and maintaining the buses. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 213 | 8 | 1.8.6 | Force Majeure | Neither party is responsible for delay or default caused by an event beyond the control of the party whose performance is interfered with, and, which by the exercise of reasonable diligence, the party is unable to prevent. Agency may terminate this Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of this Agreement. | |||
| In the event of any such delay, Contractor’s obligations are suspended to the extent of and for the duration of such causes. However, Contractor shall take all good faith efforts to eliminate the cause of any such delay, and upon the cessation of such cause, shall resume performance of Contractor’s obligations with all reasonable diligence. If necessary, the period for performance under this Agreement will be extended to enable Contractor, once such causes have been removed, to fulfill its obligations hereunder. | New Flyer requests approval to add the following verbiage to RFP: | ||||||
| If the Contractor is delayed at any time during the performance of the work by the neglect or failure of Agency or by delay or failure of the Contractor caused by an event beyond its control, including, but not limited to, natural disasters, floods, fires, epidemics, pandemics, acts of war or terrorism, labor shortages, strikes or lock-outs or shortages or loss of transportation, then the time for completion of the work and/or the delivery dates shall be extended by Agency by a reasonable period of time after such event of delay has ended in order that the Contractor may complete the work or deliver the buses. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 214 | 39 | 2.4.2 | Risk of Loss | Delivery shall not be considered complete until acceptance by the Authorized Purchaser or expiration of the inspection period, whichever occurs first. Risk of loss shall remain with Contractor until acceptance of the Goods and Services by the Authorized Purchaser. | New Flyer requests approval to amend the Risk of Loss clause in the RFP as per below: | ||
| Agency shall assume risk of loss of the vehicle on delivery. Prior to delivery, the Contractor shall have risk of loss of the vehicle. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 215 | New | Title | New Flyer requests approval to add the below mentioned Title clause to RFP: | ||||
| Title to the bus shall pass to Agency upon acceptance of the bus by Agency | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 216 | New | COVID-19 Pandemic Impact | New Flyer requests approval to add the below mentioned verbiage to RFP: | ||||
| COVID-19 Pandemic Impact: The Contractor shall not be liable for failure to perform any of its obligations under the Contract during any period in which the Contractor cannot perform due to the impact of the COVID-19 pandemic on its operations, provided that the Contractor promptly notifies Agency in writing of such issues. The Contractor and Agency shall work together in a good faith and commercially reasonable manner in an attempt to modify the required obligations if necessary. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 217 | New | Excess Costs | New Flyer requests approval to add the below mentioned verbiage to RFP: | ||||
| Excess Cost: The Contractor shall not be liable for any excess costs arising out of causes beyond the Contract and without the fault or negligence of the Contractor. Such causes must be clearly documented to the satisfaction of the Agency and may include, but are not restricted to, Acts of God or the public enemy, acts of the US or Canadian Government in their sovereign capacities, acts of the Agency in its contractual capacity, fires, floods, natural disasters, epidemics, pandemics (including but not limited to COVID-19), quarantine restrictions, labor shortages, strikes or lock-outs, shortages or loss of transportation, supplier or other third party surcharges due to supply chain disruption, inflation or other causes beyond the Contractor’s control, fright embargos, unusually severe weather, but in every case the excess costs must be beyond the control and without the fault or negligence of the Contractor. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 218 | New | Access to Onboard Operational Data | |||||
| [ONLY APPLICABLE IF THERE IS NF CONNECT] | New Flyer requests approval to add the below mentioned verbiage to RFP: | ||||||
| The Agency grants the Contractor the right to inspect, examine, download, and otherwise obtain any information or data available from components provided by the Contractor, including, but not limited to, any electronic control modules or other data-collection devices, to the extent necessary to enable the Contractor to perform reliability maintenance analysis, corrective action and/or other engineering-type work for the buses. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||||
| 219 | 11 | 2.2 | Payment | Contractor shall look solely to Authorized Purchaser for payment of all amounts that may be due under this Contract. AUTHORIZED PURCHASER IS SOLELY RESPONSIBLE FOR PAYMENT UNDER THIS CONTRACT. Subject to | |||
| Authorized Purchaser’s acceptance of Goods and related Services, payment is due from Authorized Purchaser within 45 Calendar Days after the date of the invoice. | New Flyer requests to change the payment terms from 45 calender days to 30 calender days after the date of invoice. |
New Flyer requests to add the below milestone payment terms to RFQ:
| 75% of Total Bus Price Paid Upon Engine Install 25% of Total Bus Price Paid Upon Acceptance Terms: All milestone payments are Net 30 days. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | |||||||
| 220 | 18 | 2.18 | TERMINATION AND STOP WORK | New Flyer requests approval to add the below verbiage to this clause: | ||||
| Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination and stop work. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | |||||||
| 221 | 23 | 1.20 | Fire Suppression | Fire suppression manufacturer must provide Training on inspections and service as part of the purchase price. | Motor Coach requests to clarify that all training be priced separate from the bus price. This will ensure proper costing regardless of the quantity of buses in each base order, and any option orders. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||
| 222 | 9 | 2.4 Scope of Work / Specifications | Warranty Repair Facility | Proposer shall have the ability to provide pick up and drop off services for warranty repair work if no warranty repair facility is located within 200 miles of Authorized Purchaser's location. | Motor Coach would like to clarify that it is Motor Coach's priority to ensure that repairs to your buses are completed as fast as possible and we are pleased to provide to you the parts and tools required to complete warranty repairs. With this goal in mind, New Flyer requests your approval on one of the following solutions in lieu of a New Flyer/Motor Coach Service Center: |
1. When possible, provide shop space to the Contractor to complete the repairs. Using the property’s facility is the most efficient solution for completing repairs.
| 2. If the Authorized Purchaaser's shop space is unavailable, Motor Coach will utilize contractors that have their own service facilities in the Authorized Purchaser's area to perform the repairs. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. | ||||
| 278 | 29 of 64 | Exhibit C - Additional Insured | ADDITIONAL INSURED: | ||
| All liability insurance, except for Workers’ Compensation, Professional Liability, Directors and Officers Liability and Network Security and Privacy Liability (if applicable), required under this Contract must include an Additional Insured endorsement specifying the State of Oregon, its officers, employees, and agents as Additional Insureds, but only with respect to Contractor’s goods to be delivered and Services to be performed under this Contract. Coverage shall be primary and non- contributory with any other insurance and self-insurance. | Motor Coach requests to remove this section as it is not applicable to Rolling Stock. | This may be negotiated at the time of price agreement negotiations per RFP Section 5.4. |
image1.jpeg image10.jpeg image11.jpeg image12.jpeg image13.jpeg image14.jpeg image15.jpeg image2.jpeg image3.jpeg image4.jpeg image5.jpeg image6.jpeg image7.jpeg image8.jpeg image9.jpeg
File details come from the government source that posted it. Updated .