RFP Document.pdf

Request for Proposal

South Dakota Department of Transportation

Office of Air, Rail, and Transit

Cutaway Vehicle Amended Procurement

25RFP13980

PROPOSALS DUE: April 30, 2025, at 2:00 PM Central Time

Primary Contact Information

Contact Name: Brenda Sharkey

Telephone Number: 605-773-8082

Email: brenda.sharkey@state.sd.us mailto:brenda.sharkey@state.sd.us

CONTENTS

1.1 SPONSORING AGENCY

1.2 PURPOSE OF REQUEST FOR PROPOSAL

1.3 PROPOSER ELIGIBILITY

1.4 PROPOSAL PROCESS

1.5 PROPOSAL EVALUATION

1.6 SUPPLEMENTAL INFORMATION

1.7 NEGOTIATIONS, EVALUATIONS AND AWARD

Submission Responsibility

1.8 PROTEST PROCEDURES

1.9 REQUIRED CERTIFICATIONS

2 STANDARD CONTRACT TERMS AND CONDITIONS

3 SCOPE OF WORK

3.1 Technical Specifications

3.1.2 Access Hatches, Doors, Trays, or Panels

3.1.3 Air Bags

3.1.4 Air Conditioning/Heating/Defrosting

3.1.5 Alternator:

3.1.6 Anti-Corrosion Treatment:

3.1.7 Axles:

3.1.9 Batteries:

3.1.10 Body:

3.1.11 Brakes:

3.1.12 Bumpers:

3.1.13 License Plate Brackets:

3.1.14 Chassis:

3.1.15 Color and Finish:

3.1.16.15 Diagram of Vehicle:

3.1.17 Dimensions:

3.1.18 Doors:

3.1.19 Driver’s Shield:

3.1.20 Driveshaft:

3.1.21 Emergency Equipment:

3.1.23 Engine:

3.1.24 Engine Block Heater:

3.1.25 Engine Cooling System:

3.1.26 Exhaust System:

3.1.27 Fast Idle:

3.1.28 Fastener Specifications:

3.1.29 Floor:

3.1.32 Fuel Tank:

3.1.33 Gross Vehicle Weight Rating:

3.1.34 Instrument Panel:

3.1.35 Interior:

3.1.36 Lights (Interior):

3.1.37 Lights (Exterior):

3.1.38 Mirrors:

3.1.40 Mobility Lift:

3.1.41 Mud Flaps

3.1.42 Passenger Assists-Padded Stanchions, Handrails and Modesty Panels:

3.1.43 Passenger Restraints for Mobility Aid Users:

3.1.44 Passenger Seating Capacity:

3.1.45 Power Steering:

3.1.47 Radio and Speakers:

3.1.48 Roof Hatch:

3.1.49 Seating:

3.1.51 Shock Absorbers:

3.1.52 Signing and Decals:

3.1.53 Steps and stepwell:

3.1.54 Suspension:

3.1.55 Tilt Steering:

3.1.56 Throttle:

3.1.57 Tires:

3.1.58 Transmission:

3.1.59 Undercoating:

3.1.60 Weight Analysis:

3.1.61 Wheelbase:

3.1.63 Windows and Windshield:

3.1.64 Windshield Wipers, Washers, and Fluid Reservoir:

3.1.65 Wiring and Schematics

3.1.66 Miscellaneous Technical Specifications:

3.1.67 Alternate Items

4.4 PAYMENT FOR DELIVERABLES

5 PROPOSAL FORMAT

Appendix A Cutaway Body Vehicle Questionnaire

Appendix B Cost Proposal

Appendix C Exceptions/Deviations

Appendix D Acknowledgment of Addenda

1.1 SPONSORING AGENCY

The Office of Air, Rail, and Transit of the South Dakota Department of Transportation (SDDOT) is the issuing office for this document and all subsequent addenda relating to it. Unless the names of specific agencies are needed for clarity, the term “State” in this RFP refers to the SDDOT, other selected State of South Dakota agencies, or the South Dakota state government. However, SDDOT will be the coordinating agency for all matters related to any agreement resulting from this RFP.

SDDOT provides services without regard to race, color, gender, religion, national origin, age, or disability, according to the provisions contained in South Dakota Codified Law (SDCL) 20-13, Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990 and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 1994. Any person who has questions concerning this policy or believes he or she has been discriminated against should contact the Department’s Civil Rights Office at (605)773-3540.

1.2 PURPOSE OF REQUEST FOR PROPOSAL

SDDOT seeks vendors with the necessary experience, knowledge, and qualifications to manufacture and deliver vehicles per the terms and conditions outlined in the Request for Proposal RFP Number. This procurement may award multiple contracts with multiple vendors. If applicable, proposals are invited to bid on one, several, or all the vehicles and fuel types.

Specifically, the SDDOT is requesting the following types of Cutaway Vehicles.

• 12 + 2 Front lift- E450

• 12 + 2 Rear Lift- E450

• 14 + 2 Front Lift- E450

• 14 + 2 Rear Lift- E450

• 16 + 2 Rear Lift – E450

• 20 + 2 Front Lift- E450

• 20 + 2 Rear Lift- E450

• 24 + 2 Front Lift- F550

• 24 + 2 Rear Lift- F550

• 30 Passenger- F550

Rolling stock is being purchased to replace existing vehicles that have exceeded their useful life and need replacement and add vehicles to expand existing fleets. The end recipients of the vehicles will be primarily rural public transportation or specialized transportation providers throughout South Dakota, but they could also be in other approved states.

1.3 PROPOSER ELIGIBILITY

SDDOT solicits proposals from vendors with demonstrated capability and experience in manufacturing and supplying vehicles for transit agencies.

No proposal will be accepted, and no contract will be awarded to any person, firm, or corporation in arrears on any obligations to the State of South Dakota or that may otherwise be deemed irresponsible or unreliable by the State of South Dakota.

Before executing a contract, the offeror must be registered with the South Dakota Secretary of State to conduct business within the State.

Important: All vendors submitting proposals must have a Unique Entity Identifier (UEI) and be registered on SAM.gov. Provide a UEI to ensure you are considered. Please allow up to 3 weeks for SAM.gov processing. You must be registered in SAM.gov and have a UEI before the award date to be eligible for the award.

Registering on SAM.gov is FREE. For information on registering for SAM.gov, please click here:

https://sam.gov/content/home https://sam.gov/content/home

1.4 PROPOSAL PROCESS

1.4.1 Procurement Schedule

This procurement will follow the schedule defined in the following table.

Activity End Date & Time

RFP Publication March 26, 2025

Deadline for submission of written inquiries April 9, 2025, 5:00 PM Central

SDDOT responses to vendor questions and /or SDDOT addenda

April 16, 2025, 5:00 PM Central

Proposal submission to SDDOT April 30, 2025, 2 pm CT

Evaluation of proposals to determine shortlist (if required) May 13, 2025, 5:00 PM Central

Demonstrations, presentations, discussions (if required) May 16, 2025 Contract award May 13, 2025

1.4.2 Request for Proposal

This document constitutes the complete RFP for this project. The RFP reference number 25RFP13980 must be referred to on all proposals, correspondence, and documentation relating to this RFP.

1.4.3 Vendor Inquiries

Vendors and their agents (including subcontractors, employees, consultants, or anyone acting on their behalf) may email inquiries concerning this RFP to obtain clarification of requirements. All inquiries will be accepted before the date and time indicated in the Procurement Schedule.

Questions must be sent to brenda.sharkey@state.sd.us by e-mail with the “RFP Number.” Vendors and their agents may not otherwise contact SDDOT regarding this RFP during the solicitation and evaluation process. Inappropriate contact is grounds for suspension or exclusion from this procurement.

The SDDOT will respond to Vendors’ inquiries (if required) by email. All inquiries and the State’s response will be posted on the state’s procurement system and SDDOT website.

Vendors will be notified on the state’s procurement system and SDDOT website regarding any modifications to this RFP. Vendors may not rely on any other written or verbal statements that alter any specification, term, or condition of this RFP.

1.4.4 Proposal Submission

The SDDOT must receive all proposals by the date and time indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration.

Proposals must be signed in ink by an officer of the Proposer legally authorized to bind the Proposer to the proposal. Proposals that are not properly signed may be rejected.

The Proposer must submit an original hard copy and flash drive of the proposal. Proposers may not send an electronic copy of the proposal via email.

The cost proposal must be in a separate sealed envelope labeled “Cost Proposal” and marked with the RFP number and title. The words “Sealed Proposal Enclosed” must be prominently displayed outside the shipping container.

mailto:brenda.sharkey@state.sd.us

Proposals should be labeled in capital letters as follows:

REQUEST FOR PROPOSAL #: 25RFP13980

PROPOSAL DUE: April 30, 2025, at 2:00 PM CENTRAL TIME

BUYER: JACK DOKKEN

PROGRAM MANAGER

SD DEPARTMENT OF TRANSPORTATION

OFFICE OF AIR, RAIL, AND TRANSIT

700 E. BROADWAY AVENUE

PIERRE, SD 57501

1.4.5 Proposal Format

The proposal must adhere to the format prescribed in the proposal Format Section of this RFP.

1.4.6 Modification or Withdrawal of Proposal

The vendor may modify or withdraw proposals before the submission deadline. No oral, telephonic, or facsimile responses or modifications to informal or formal bids or RFPs will be considered.

1.4.7 Conditions, Exceptions or Understandings

Proposers are cautioned to limit exceptions, conditions, and limitations to the provisions of this RFP, as they may be determined to be so fundamental as to cause rejection of the Proposal for not responding to the requirements of the RFP.

All Deviations must be explicitly, thoroughly, and separately stated in the Proposal by completing the Form for Proposal Deviation. This form sets forth at least the specific reasons for each Deviation so that it can be fully considered and, if appropriate, evaluated by the Agency. All Deviations shall be assessed following the relevant evaluation criteria and procedures and may result in the Proposer receiving a less favorable evaluation than without the Deviation.

The Form for Proposal Deviation shall be included in the technical package.

1.5 PROPOSAL EVALUATION

A team of staff from the SDDOT Office of Air, Rail, and Transit will evaluate proposals.

1.5.1 SDDOT Conflict of Interest Policy

The State of South Dakota’s conflict of interest policy prohibits any employee, officer, or agent of the State of South Dakota or approved third party applicant from participating in the selection, award, or administration of a procurement supported by federal funds if, to his or her knowledge, any of the following has a financial or other interest in suppliers considered for the award:

• the employee, officer, or agent

• any member of his or her immediate family

• his or her domestic partner

• any organization that employs or is about to employ any of the above

• any organization with a financial or other interest in the firm selected for the award.

1.6 SUPPLEMENTAL INFORMATION

The State may require or invite additional information after proposals are submitted.

1.6.1 Presentation/Demonstrations

The State may require a presentation or demonstration by a Vendor to clarify a proposal. However, the State may award a contract based on the initial proposals received without a presentation or demonstration. If presentations or demonstrations are required, they will be made at the Vendor’s expense.

1.6.2 Discussions

The State may invite the vendor to engage in discussions after submitting the proposals. Discussions will be made at the vendor’s expense.

1.6.3 Financial Statement

The State may require the vendor to submit a copy of its most recent audited financial statements.

1.7 NEGOTIATIONS, EVALUATIONS AND AWARD

This procurement is a Request for Proposal/Competitive Negotiation process. Each proposal will be evaluated, and each Vendor will be available for negotiation discussions and meetings at SDDOT’s request.

SDDOT reserves the right to negotiate any component of any proposal submitted. All proposals and negotiation discussions will be considered confidential from when they are submitted until the formal contract award.

Evaluation Criteria for Proposals

After confirming that a proposal meets the mandatory requirements stated in the Request for Proposal (RFP), evaluators will apply subjective judgment to conduct a comparative assessment based on the following criteria.

Proposal Completeness and Compliance: Evaluation value up to 30 Points

• Was the proposal complete and organized as requested in the RFP?

• Were the required federal certificates signed and submitted?

• Compliance with federal certifications and clauses (any deviations must be noted in the Executive

Summary.

Scope of Work: Evaluation value up to 110 Points

• Does the vendor possess the ability to manufacture the following vehicle configurations?

o E450 Models:

12 + 2 Front Lift 12 + 2 Rear Lift 14 + 2 Front Lift 14 + 2 Rear Lift 16 + 2 Rear Lift 20 + 2 Front Lift 20 + 2 Rear Lift o F550 Models:

24 + 2 Front Lift 24 + 2 Rear Lift 30-Passenger

Comparative Assessment: Evaluation value up to 100 Points

• Does the vendor express the commitment and ability to complete the work within the prescribed time and budget?

• Does the vendor describe the experience and reliability of its organization?

• Does the vendor describe its specialized expertise, technical capabilities, and competence to meet project requirements?

• Does the vendor describe its financial strength, resources, and capability to finance and complete the contract successfully?

• Does the vendor describe a record of past performance, including:

o Pricing and cost data from previous projects o Quality of work o Ability to meet schedules o Cost control and contract administration

• Does the vendor possess sufficient resources to meet contract specifications and ensure timely vehicle delivery?

• Does the vendor possess adequate manufacturing facilities to produce and factory-test vehicles on schedule?

• Does the vendor provide vehicle availability to the project locale?

• Does the vendor possess familiarity with the project locale?

• Does the vendor possess the ability and have a proven history of handling special project constraints?

Deliverables: Evaluation value up to 70 Points

• Will the vendor be able to coordinate vehicle orders with the SDDOT?

• Will the vendor commit to delivering the vehicles within 6 to 12 months from Notice to

Proceed?

• Does the proposal state warranty coverages for vehicles and subsystems?

• Does the proposal provide a list of warranty stations for vehicle servicing?

• Does the vendor have the ability to provide maintenance and inspection schedules with each vehicle delivery?

• Does the vendor have the capability to supply written or electronic instructions for mobility lifts?

• Is the vendor capable of supplying alignment reports with each vehicle delivery?

Cost Proposal: Evaluation value up to 30 Points

• Was the cost proposal submitted in a separate envelope as required?

• Was a cost summary provided as requested in the RFP?

• Were option costs included or noted as unavailable?

Submission Responsibility It is a vendor’s sole responsibility to submit relevant information for each of the above-described evaluation categories. The State of South Dakota is not obligated to solicit missing information. Failure to provide the necessary details will negatively impact the proposal evaluation.

1.7.1 Best and Final Offers

The State reserves the right to request the best and final offers. The State will initiate the request for best and final offers; a vendor may not initiate them. Best and final offers may not be necessary if the State is satisfied with the proposals received.

If the best and final offers are sought, the State will select the vendors to be notified and ask them to submit their best and final offers. Requests will identify specific areas to be covered and the response deadline. Conditions, terms, or price may be altered, provided the changes are within the scope of this Request for Proposal and the instructions contained in the request for the best and final offer. If a Vendor does not submit a best and final offer or a notice of withdrawal, the Vendor’s previous proposal will be considered its best and final. Final evaluations will be conducted after the best and final offers are received.

1.7.2 Rejection, Waiver, and Award

The State of South Dakota reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

1.8 PROTEST PROCEDURES

FTA is not a party to its recipients’ third-party contracts and does not have any obligation to any participant in its recipients’ third-party contracts. 2 CFR 200.318(k) assigns responsibility to the recipient for resolving all contractual and administrative issues arising out of its third-party procurements, including source evaluation and selection, protests of awards, disputes, and claims. FTA will not substitute its judgment for that of the recipient unless the matter is primarily a federal concern. FTA also encourages the recipient to consider alternative dispute resolution procedures. Neither FTA nor 2 CFR Part 200 relieves the recipient of any responsibilities under its contracts. FTA encourages the recipient to consider alternative dispute resolution procedures to the extent appropriate. FTA is not a party to its recipients’ third-party contracts and does not have any obligation to any participant in its recipients’ third-party contracts.

SDDOT will respond, in detail, to each substantive issue raised in the protest by the protestor. The Secretary of the SDDOT has the authority to make a final determination on the protest. The Secretary’s determination will be final. A request for reconsideration of the decision regarding the protest may be allowed by the Secretary of the SDDOT if information becomes available that was not previously known or if there has been an error of law or regulation.

1.9 REQUIRED CERTIFICATIONS

By signing and submitting its proposal, the proposer certifies its compliance with the following administrative requirements of the State of South Dakota.

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Executive Order 2023-02. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9.1 Restriction of Boycott of Israel

By submitting a response to this solicitation or agreeing to contract with the State, contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, agree that the following information is correct:

The bidder or vendor, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not reused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity based on Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or vendor on this project and terminate any contract awarded based on the bid or response. The successful bidder or vendor further agrees to provide immediate written notice to the contracting executive branch agency if during, the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9.2 Certification in Lobbying

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

1.9.3 Certification on Debarment and Suspension

Recipients, contractors, and subcontractors that enter into covered transactions must verify that the entity (as well as its principals and affiliates) with which they propose to contract or subcontract is not excluded or disqualified. This is done by (a) checking the SAM exclusions, (b) collecting a certification from that person (found below), or (c) adding a clause or condition to the contract or subcontract.

1.9.4 Bus Testing

The Contractor/Manufacturer certifies that the vehicle model or vehicle models offered in this bid submission comply with 49 U.S.C 5318(e) and FTA's implementing regulation at 49 CFR Part 665. A copy of the test report (for each bid ITEM) prepared by the Federal Transit Administration’s (FTA) Altoona, Pennsylvania Bus Testing Center is attached to this certification and is a true and correct copy of the test report as prepared by the facility.

1.9.5 Buy America

Contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all 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 C.F.R. § 661.7.

1.9.6 FMVSS Compliance

The proposer must submit one (1) manufacturer’s FMVSS self-certification, Federal Motor Vehicles Safety Standards that the vehicle complies with relevant FMVSS, or two (2) manufacturer’s certified statements that the contracted minivans will not be subject to FMVSS regulations.

1.9.7 Pre-Award Purchaser Requirement

The proposer certifies that the vehicles to be purchased are the same product described in the recipient’s solicitation and that the proposed manufacturer is a responsible manufacturer with eh capacity to produce vehicles that meet the specifications in the solicitation.

1.9.8 Transit Vehicle Manufacturer DBE

According to section 105(f) of the Surface Transportation Assistance Act of 1982, each proposer for this contract must certify that it complied with the requirements of 49 CFR Part 26.49, regarding the participation of Disadvantage Business Enterprises (DBE) in FTA-assisted procurements of transit vehicles.

Remainder Intentionally Left Blank

2 STANDARD CONTRACT TERMS AND CONDITIONS

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and incorporated herein by reference.

2.2 The Contractor’s services under this Agreement will start on date determined by both parties and will be automatically renewed annually, unless terminated sooner pursuant to the terms hereof.

2.3 The Contractor will not use State equipment, supplies, or facilities. Upon execution of this Agreement, the Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number, or Social Security Number.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT will be determined after contract negotiation. The State will not pay the Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL chapter 5-26.

2.5 The Contractor agrees to indemnify and hold the State of South Dakota, its officers, agents, and employees, harmless from and against any and all actions, suits, damages, liability, or other proceedings that may arise as the result of performing services hereunder. This section does not require the Contractor to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents, or employees.

2.6 The Contractor, at all times during the term of this Agreement, will obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

The Contractor will maintain occurrence-based commercial general liability insurance or equivalent form with a limit of not less than $1 million for each occurrence. If such insurance contains a general aggregate limit, it will apply separately to this Agreement or be no less than two times the occurrence limit.

B. Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1 million.

C. Business Automobile Liability Insurance:

The Contractor will maintain business automobile liability insurance or equivalent form with a limit of not less than $1 million for each accident. Such insurance will include coverage for owned, hired, and non-owned vehicles.

D. Workers’ Compensation Insurance:

The Contractor will procure and maintain workers’ compensation and employers’ liability insurance as South Dakota law requires.

Before beginning work under this Agreement, the Contractor will furnish the State with properly executed Certificates of Insurance, which will clearly evidence all insurance required in this Agreement. In the event of a substantial change in insurance, issuance of a new policy, cancellation, or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. The Contractor will furnish copies of insurance policies if requested by the State.

2.7 While performing services hereunder, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. Contractor will report any such event to the State immediately upon discovery.

Contractor’s obligation under this section will only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Contractor’s obligation to report will not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section will not excuse or satisfy any obligation of Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Contractor breaches any of the terms or conditions hereof, the State may terminate this Agreement at any time with or without notice. If termination for such a default is affected by the State, any payments due to the Contractor at the time of termination may be adjusted to cover any additional costs to the State because of the Contractor’s default. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a default by Contractor it is determined that Contractor was not at fault, then the Contractor will be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing will be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

2.12 This Agreement will be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this Agreement will be venue in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, state, and local laws, regulations, ordinances, guidelines, permits and requirements applicable to providing services pursuant to this Agreement, and will be solely responsible for obtaining current information on such requirements.

2.14 The Contractor may not use subcontractors to perform the services described herein without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply, with applicable federal, state, and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance.

2.15 Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement will belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s) and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.16 The Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency.

The contractor further agrees that it will immediately notify the State if, during the term of this Agreement, the Contractor or its principals become subject to debarment, suspension, or ineligibility from participating in transactions by the federal government or by any state or local government department or agency.

2.17 Any notice or other communication required under this Agreement will be in writing and sent to the address above. Notices will be given by and to the South Dakota Department of Transportation Office of Air, Rail, and Transit on behalf of the State and by the Authorized Designee on behalf of the Contractor or such authorized designees as either party may from time to time, designate in writing. Notices or communications to or between the parties will be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination will be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.18 In the event that any court of competent jurisdiction will hold any provision of this Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision hereof.

2.19 All other prior discussions, communications, and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof.

3 SCOPE OF WORK

Manufacture and deliver cutaway vehicles: The SDDOT requests the following types of Cutaway Vehicles.

• 7- 12 + 2 Front lift

• 4- 12 + 2 Rear Lift

• 1- 14 + 2 Front Lift

• 1- 14 + 2 Rear Lift

• 2- 16 + 2 Front Lift

• 1- 16 + 2 Rear Lift

• 2- 20 + 2 Front Lift

• 1- 20 + 2 Rear Lift

• 2- 24 + 2 Front Lift

• 1- 24 + 2 Rear Lift

• 1- 30 Passenger

The Contractor hereby grants the Agency and any permissible assignee options (“Options”) to purchase up to 92 additional vehicles (“Option Vehicles”). The Options shall be valid for five years from the effective date of the Contract. There shall be no minimum order quantity for any permissible assignee. Subject to the Agency’s right to order modifications, the Option Vehicles shall have the exact specifications as those purchased under this Contract. The Agency may exercise the Options by written notice to the Contractor (“Notice of Exercise of Option”) at any time on or before five years following the effective date of the Contract (“Option Date”).

Pricing/Escalating clause- All prices quoted by the proposer shall be firm for the contract term.

OR

Price Increases shall be considered once the contract has been in effect for 180 days. Dated manufacturer’s printed price sheets or similar documentary evidence must support written requests for price escalation. This evidence must be presented to the SDDOT, and if approved, the new pricing will become effective 30 days after the date of approval.

Price decreases are acceptable on the invoice(s) presented for payment. If the open market price of a specific contract item is under the vendor’s price, the SDDOT reserves the right to purchase the lower-priced product.

The price of the Option Vehicles shall be the unit price of the base order vehicles (“Base Order Price”) adjusted by multiplying the base order price by the following fraction:

Latest Published Preliminary Index Number Before Notice of Exercise of Option / Index Number on Effective Date of the Contract.

The Index shall be the Producer Price Index for Truck and Bus Bodies, Series No. 1413, published by the United States Department of Labor, Bureau of Labor Statistics, or if such Index is no longer in use, then such replacement that is most comparable to the Index as may be designated by the Bureau of Labor Statistics, or as agreed by the parties.

Within thirty (30) days after delivery of the Notice of Exercise of Option to the Contractor, the Contractor shall submit a proposed delivery schedule. Along with the proposed delivery schedule, the Contractor will provide the Agency with access to its production schedule for the purpose of the parties verifying available production capacity. The production schedule shall include a reasonable time for mobilization and for coordinating with other vehicle orders, and it shall be based upon a production rate at least equal to the production rate realized with respect to the base order vehicles.

If the parties cannot agree on a production schedule, then the maximum term to produce the Option Vehicles shall not exceed 9 months after the Notice to Proceed with Option Vehicle production date.

The Agency or any permissible assignee may issue a Notice to Proceed at any time after the Contractor submits its proposed delivery schedule. The Contractor shall not commence production of the Option Vehicles before issuance of the Notice to Proceed by the Agency or any permissible assignee of the Agency for the Option Vehicles incorporating the agreed production delivery schedule.

Except as otherwise specially provided in this Contract, all other terms shall apply to the Option Vehicles.

• 12 + 2 Front lift options up to 28 more

• 12 + 2 Rear Lift options up to 16 more

• 14 + 2 Front Lift options up to 4 more

• 14 + 2 Rear Lift options up to 4 more

• 16 + 2 Front Lift options up to 8 more

• 16 + 2 Rear Lift options up to 4 more

• 20 + 2 Front Lift options up to 8 more

• 20 + 2 Rear Lift options up to 4 more

• 24 + 2 Front Lift options up to 8 more

• 24 + 2 Rear Lift options up to 4 more

• 30 Passenger options, up to 4 more

3.1 Technical Specifications

3.1.1 Accessories: Options

Self-canceling turn signals, cruise control, speedometer, odometer, tachometer, temperature gauge, fuel gauge, oil pressure gauge, voltmeter or warning light, hour meter, horn, flasher lights, OEM or aftermarket camera with display in rearview mirror, locks for all doors with two sets of keys, sun visors, storage for each mobility aid restraint and passenger restraint system, and all OEM furnished literature, tools, and equipment.

3.1.2 Access Hatches, Doors, Trays, or Panels

Access for maintenance and replacement of equipment shall be provided through panels and doors that appear to be an integral part of the vehicle. Access shall be provided to service transmission, engine, radiator, battery, air conditioning components, fuel pump and sending unit, and any other mechanical component that requires routine repair, fluid check and fill, inspection, replacement, or access. Access openings or doors in the vehicle interior shall be properly secured and sealed to prevent the entry of fumes and water into the vehicle interior.

3.1.3 Air Bags

The front seat driver must be OEM and included.

3.1.4 Air Conditioning/Heating/Defrosting

Air Conditioning: Dual under-hood compressors shall be standard equipment. The system shall have two separate air conditioners (dual compressors). All BTU/hr. Specifications shall meet SAE standards and all BTU/hr. calculations shall be based on the gross capacity. All vehicles require an OEM chassis manufacturer and factory dash-mounted passenger area unit rated at 22,000 BTU minimum as installed with a factory or air conditioning manufacturer that provides a dual compressor. All vehicles shall also have an auxiliary rear air conditioner unit for the passenger area capable of producing 60,000 BTU minimum with 665 CFM diffused airflow. The combined air conditioning system requires a total of 82,000 BTU minimum.

The bidder shall provide complete details on the air conditioning unit, compressor, condenser, and evaporator units and shall state exactly the amperage required to operate the auxiliary condenser fans.

The air conditioning equipment shall be installed in a manner that will not affect the vehicle's seating capacity. All controls will be located to allow convenient access from the driver’s seat. All wiring, tubing, and fittings shall be encased to protect from weather and secured in critical areas to provide maximum protection against accidental damage. All tubing and fittings outside of the firewall shall be secured on every foot. The passenger area air conditioning system shall have its own compressor and a skirt-mounted condenser with a free-blowing evaporator. The output of the passenger area AC unit shall be individually adjustable by means of controls easily reached from the driver’s seat.

With the vehicle running at design operating levels, with estimated door openings and carrying the design load of passengers, the combined air conditioning equipment shall be capable of providing adequate cooling and dehumidifying capacity for passenger comfort. The system shall be capable of maintaining a reasonably constant temperature of 75 degrees Fahrenheit and 50 percent humidity inside the vehicle during outside temperatures of 10 to 95 degrees Fahrenheit and the extremely high humidity conditions common during South Dakota summers.

Roof-mounted rear interior evaporator shall meet or exceed the capacity of an American Cooling Technology’s (ACT) or approved equal dual compressor system at 95 degrees ambient, 67 df WB, 35 degrees delta T minimum with a 1/2 inch or greater inside diameter drain tube with a removable and washable filter element. Vertical clearance from the floor to the lowest point of the evaporator shall be a minimum of 64.5 inches. Separate fan and temperature controls for the rear roof-mounted evaporator shall be mounted in a location accessible from the driver’s seat. The rear roof-mounted evaporator shall be wired to not function when the factory windshield defrost in the driver’s compartment is on.

A label detailing the manufacturer’s name, refrigerant type and quantity, and compressor oil type and quantity must be placed in the engine compartment.

A chassis OEM, idle controller system shall be installed to maintain battery charging under heavy demand and maintain air-conditioning capacity when the vehicle is stationary at idle.

To protect the system, a cut-off switch shall be installed for both high and low pressure and shall incorporate a thermostat with a sensing bulb located in the evaporator's return air.

The refrigeration hose for the AC system shall have approved hoses, coupled with plated steel approved fittings for maximum resistance to corrosion, refrigerant permeation, and moisture ingression.

Refrigerant fittings and hoses shall be SAE specification J compliant.

Condenser shall be OEM, skirt-mounted, enclosed, except for the fan openings, and equipped with fans of sufficient size to provide optimal vehicle interior climate conditioning. A minimum of two fans shall be driven by motors with sealed bearings and rated at 600 cubic feet per minute or greater to circulate air over a coil that has aluminum fins, 12 per inch, with rippled edges and corrugated surfaces mechanically expanded onto copper tubing with at least 380 square inches of surface area. A filter drier with 16 cubic inch capacity or greater shall be provided with a sight glass located in front of the coil and installed with O-ring connections for ease of service and viewing.

A road spray shield in front and behind the skirt condenser, engineered by the aftermarket air conditioning manufacturer or bus manufacturer, is required to reduce spray from front wheels and other road debris from being deposited on condensers. This protective shield is not a winter cover.

Heater and Defroster: The vehicle shall be equipped with the chassis manufacturer’s in-dash heater/defroster and high output or super-capacity outside ventilating type hot water heater, with a maximum BTU rating available. Each vehicle shall also be equipped with a hot water, forced air re-circulating auxiliary heater, of minimum 50,000 BTU rating, located in the rear half of the passenger area.

This heater, combined with the standard factory dash unit, shall maintain an interior temperature of 70 degrees Fahrenheit with an exterior temperature of 0 degrees Fahrenheit and no wind. All controls will be located on the driver's control panel and shall have two individual three-position (minimum) switches (off, low, high) (minimum).

All heaters shall bear a nameplate that indicates the heater rating in accordance with the standard code for testing and rating automotive bus hot water heating and ventilating equipment. The heater manufacturer shall affix the plate, which shall constitute a certification that the heater performance is as shown on the plate. The nameplate shall be placed in an accessible position so it can be read by service personnel.

Heater hoses for the rear auxiliary heater shall be insulated to prevent heat loss and adequately supported to guard against excessive wear due to vibration. The hoses shall not dangle or rub against the chassis or sharp edges and shall not interfere with or restrict the operation of any engine function. A coolant shut-off valve and hoses that allow the hot coolant flow to the rear heater coil to be shut off will be installed.

It may be placed underneath and outside of the vehicle. Still, the shut-off valve must be placed in an easily accessible position, and the valve and hoses must be well secured in a protected environment. If outside, a sticker indicating the location of the shutoff valve shall be placed on the body of the vehicle directly above its location and properly marked “coolant shutoff valve”. The heater hose shall conform to standard SAE J20c. Heater lines inside the passenger compartment shall be guarded to prevent accidental contact by drivers or passengers.

Combustion heaters are not acceptable.

The heater and associated hardware shall meet SAE-recommended standards and practices and the applicable criteria of 49 CFR 393.77. The supplier and second-stage body manufacturer shall warrant approved air conditioning systems.

3.1.5 Alternator:

The vehicle must be equipped with a minimum of a heavy-duty OEM alternator. The chassis OEM must warrant the charging configuration components.

3.1.6 Anti-Corrosion Treatment:

All metallic floor, body, and chassis components, including the surfaces of those interior body panels and posts that are to be covered by insulation or trim materials, shall be thoroughly protected for corrosion resistance by means such as bonderizing, rustproofing, or the application of multiple coats of corrosion inhibitive primer. Literature describing the process should be included with the bid. All nuts, bolts, clips, washers, clamps and like fasteners shall be zinc or cadmium plated, phosphate coated or stainless steel to prevent corrosion.

3.1.7 Axles:

The proposer is responsible for calculating the loaded weight and providing the appropriate size and axle combination for the specified vehicle. Dual rear inner wheels shall be equipped with valve extensions through the outside wheel to allow for easy access to check air pressure and add air.

3.1.8 Back-Up Warning Device:

An audible warning device (97dB minimum), in compliance with SAEJ994b (for acoustic performance for Type B device), shall be located behind the rear axle of the vehicle and shall activate when the vehicle transmission is placed in reverse and continue as long as the vehicle stays in reverse.

A rear-view backup camera with a display and a dashboard monitor that activates when the transmission is placed in reverse.

3.1.9 Batteries:

Batteries shall be matching, dual heavy-duty, maintenance-free batteries with a combined 1500 CCA minimum for gas engines. Batteries shall be contained in a skirt-mounted compartment located curbside unless the chassis manufacturer requires otherwise. The compartment door shall have a ¼ turn thumb latch and a lockable access door. A safety catch shall be provided to prevent the battery tray from sliding against the battery door while the bus is in motion. Batteries shall be accessible by a stainless-steel pull-out battery tray with stainless steel bearing slides and lock. The manufacturer shall provide adequate cable length to allow the battery tray to extend and allow full, easy access to both batteries. The battery compartment is to be constructed in a manner that minimizes dirt and moisture infiltration yet provides proper ventilation of fumes and ease of access for maintenance of vehicle charging components. Batteries mounted in the stepwell will also be allowed if stainless steel is used throughout, and the design provides easy access and keeps out dirt and moisture while allowing ventilation to the outside.

3.1.10 Body:

The exterior body panels shall be galvanized steel or composite fiberglass reinforced plastic, except for the body skirting. The body skirting shall be composite fiberglass reinforced plastic to eliminate rusting.

All doors shall be fitted with tinted safety glass windows to provide maximum visibility to the driver.

Galvanized steel or composite fiberglass reinforced plastic shall be used to construct the bus body to be securely fastened to the interior structural members. The entire body shall be thoroughly tested by the final stage manufacturer and made as nearly dust-proof and watertight as practicable. The vehicle body is to be constructed to minimize vibrations, rattles, and other body noises during normal use. All exterior seams shall be built in such a manner as to shed water, and exterior panels shall have lap joints. Zinc chromate caulking, butyl rubber tape or an approved equal shall protect all exterior joints and seams. No water leaks in the body will be acceptable.

The body structure shall be galvanized steel, zinc chromate coated or composite fiberglass reinforced plastic that will withstand the flexing or fatigue that would make the vehicle unfit for safe and weather-tight operation. The body structure shall form an integrated unit. All points, such as joints and corners, at which stress concentrations may occur are to be reinforced, as needed, to carry required loads and withstand the road shock a vehicle of this type is exposed to in rural and urban settings. All body panels shall be bonded; tape will not be allowed. All structural framing shall be designed and constructed so that each member carries its proportionate share of stresses. Framing members shall be of the durable channel, box, hat, or similar cross-section. End posts shall be designed to resist shear, and vertical members shall be securely fastened to underframe components so the entire structure will act as one unit without any movement at the joining.