RFP Small Buses.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MTA)

REQUEST FOR PROPOSALS (RFP)

SMALL BUSES FOR LOTS AND MOBILITY

RFP NUMBER LOT-24-049-GM

ISSUE DATE: JUNE 7, 2024

NOTICE

A Prospective Offeror that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Small Buses for LOTS and Mobility Solicitation #: LOT-24-049-GM RFP Document

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VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Small Buses for LOTS and Mobility Solicitation No: LOT-24-049-GM

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Proposal is insufficient

� Start-up time is insufficient

� Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

� Proposal requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION (MTA)

KEY INFORMATION SUMMARY SHEET

Request for Proposals Small Buses for LOTS and Mobility

Solicitation Number: LOT-24-049-GM

RFP Issue Date: June 7, 2024

RFP Issuing Office: Maryland Transit Administration (MTA or the "Administration")

Procurement Officer: Heather Martin 6 St. Paul Street, Room 7th Floor Baltimore, MD 21202 e-mail:

Office Phone:

hmartin@mdot.maryland.gov 410-767-3835

Proposals are to be sent to: Submit via eMMA

Pre-Proposal Conference: June 18th, 2024 at 9:00am Local Time via Teams See Attachment A for directions and instructions.

Questions Due Date and Time June 27, 2024 at 1:00pm Local Time via email to hmartin@mdot.maryland.gov

Approved Equals Due Date and Time

July 18, 2024 at 1:00pm Local Time via email to hmartin@mdot.maryland.gov

Proposal Due (Closing) Date and Time:

August 29, 2024 at 1:00pm Local Time via eMMA website Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

DBE Subcontracting Goal: FTA TVM applies

Contract Type: Firm fixed unit prices

Contract Duration: Five (5) Years

SBR Designation: No

Federal Funding: Yes mailto:hmartin@mdot.maryland.gov

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background, Purpose and Goals

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Experience and Personnel

3.11 Substitution of Personnel

3.12 Minority Business Enterprise (MBE) Reports

3.13 Veteran Small Business Enterprise (VSBE) Reports

3.14 Work Orders

3.15 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Proposal Due (Closing) Date and Time

4.6 Multiple or Alternate Proposals

4.7 Economy of Preparation

4.8 Public Information Act Notice

4.9 Award Basis

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4.10 Oral Presentation

4.11 Duration of Proposal

4.12 Revisions to the RFP

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Offeror Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds

4.39 Maryland Healthy Working Families Act Requirements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

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5.4 Volume II – Financial Proposal

6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions & Form

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment P. Bus Testing Certificate

Attachment Q. Transit Vehicle Manufacturer (TVM) Disadvantaged Business Enterprise (DBE) Certificate 97

Attachment R. Buy America Certificate

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Attachment S. Request for Approved Equals

Attachment T. Proposal Bond

Attachment U. Performance Bond

Attachment V. Vehicle Questionnaire

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Form

Appendix 3. – Technical Specifications

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

The Offeror must provide proof with its Proposal that the following Minimum Qualifications have been met:

1.2 The Offeror must demonstrate that it has a minimum of ten years of transit bus manufacturing experience with manufacturing contracts with quantities from 20 to 200 units within the past five years.

1.3 The Offeror shall be listed on Federal Transit Administration’s (FTA’s) certified list of Transit Vehicle Manufacturers (TVM).

1.4 The Offeror shall demonstrate by listing its knowledge with Federal Motor Vehicle Safety Standards (FMVSS), Bureau of Motor Carrier Safety, National Fire Prevention Association, (NFPA), National Highway traffic Safety Administration (NHTSA), American Society of Testing and Materials (ATSM), Society of Automotive Engineers (SAE), American National Standards Institute (ANSI), American Society of Heating, Refrigerating, and Air Conditioning (ASHRAE), Society of the Plastics Industry (SPI), Occupational Safety and Health Administration (OSHA), and other applicable standards.

1.5 The Offeror shall demonstrate its ability to design and produce transit buses in compliance with the requirements of the Americans with Disabilities Act and the Clean Air Act Amendment.

1.6 Sealed Proposals will be received and considered from Offerors with the qualifications below.

Proposals that do not meet these qualifications may not be considered.

1.6.1 Offeror shall have a full-time operation with sales and service staff.

1.6.2 Offeror shall be an authorized dealer for the vehicle and options proposed.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Transit Administration (MTA or the "Administration") is issuing this Request for Proposals (RFP) for design, production and delivery of small buses for the Locally Operated Transit Systems (LOTS) and MTA’s Mobility division.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror and the State.

2.1.3 The Administration intends to make multiple awards with one contract award for each of the vehicle types as a result of this RFP. See RFP Section 4.9 Award Basis for more Contract award information.

2.1.4 An Offeror, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.5 Maryland State and local entities, and not-for-profit entities within the State of Maryland, as defined in State Finance and Procurement 13-110(a)(5) - (7), may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

A. Shall constitute Contracts between the Contractor and that government, agency or not-for-profit entity;

B. Shall not constitute purchases by the State or State agencies under the Contract;

C. Shall not be binding or enforceable against the State; and

D. May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background, Purpose and Goals

The MTA is issuing this RFP for the purpose of soliciting formal proposals in order to establish one or more multi-year contracts through the use of competitive negotiation with qualified and experienced firms to enable all State of Maryland public bodies and other eligible entities as defined herein, to purchase all categories of quality small transit buses to include all related integral or peripheral component equipment or accessory products associated with such vehicles (collectively referred to as Vehicles or Products);

together with available maintenance and technical warranty and maintenance support services (Services) necessary to maintain the operational performance, safety, and technical integrity of all vehicles in

RFP for MTA Page 3 accordance with all original equipment manufacturer (OEM) performance, safety, and technical specifications.

Any Contract resulting from this RFP will be established and managed by MTA. Following award, if any, orders will be placed by authorized users through MTA with a Contractor, in accordance with the ordering instructions.

2.2.1 Project Goals

The State requires Small Transit Bus Contracts to address, consolidate, and support needs at all levels including State and Local transit systems. This Contract will provide for all categories to include, but not limited to, 2019, new, or current model year, small transit buses. There will be a minimum of one bus and a maximum of 990 buses purchased under this Contract.

Through this RFP, MDOT MTA seeks to leverage the volume of these vehicles and additional options purchased throughout the State to secure the best possible competitive pricing structure and optimized business processes that may be available to other public bodies based on the economies of scale involved and the aggregate market volume it represents. In addition, this is to include all local government and all grantees in Maryland and MDOT MTA and/or FTA grant fund recipients.

The State reserves the right to make awards for any good and/or services depending upon the capabilities and benefits describe in any Offeror’s proposal and as the State deems in its best interest. Such decision shall be based upon the State’s sole and exclusive judgment.

No Offeror, therefore, shall expect that any proposal they offer be fully considered for any potential Contract award unless the pricing structure and overall value offered through this RFP process is far more aggressive than what they might currently or potentially provide to any other public or private entity, either individually or cooperatively.

As it is within the State’s discretion to enter into negotiations with only a limited number of Offerors, any proposal submitted shall:

A. Be fully complete;

B. Be comprised of leading-edge business processes and practices; and

C. Be demonstrative more effective and efficient than any current statewide processes.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State will provide:

A. State Project Manager

1) The State will provide a State Project Manager who will be responsible for the overall contract management.

B. The State Project Manager will provide the following:

1) A Program Manager will provide day to day project management including, but not limited to:

a) Processing of orders and invoicing.

b) Review and approval of contract modifications including economic adjustments and Producers Price Index increase requests.

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2) A Supporting Consultant will provide technical support for specification clarifications, in-plant inspection, bid specification review, approved equal review, pre and post delivery Buy America Audits, and quality control.

2.3 Responsibilities and Tasks

2.3.1 General Requirements

The State seeks Offerors to provide proposals that address the need for multiple capacity small transit bus Contract which all Maryland public bodies can order from, in a manner that minimally addresses the following requirements:

1. Strategic Intent- Our strategic intent through this RFP is to meet the overall requirements of the State, the mission, and goals of MDOT MTA, and those of all Maryland public bodies that acquire these categories of products. Based on this intent, MDOT MTA seeks to establish an enterprise-wide master ordering agreement through which all authorize users may acquire these products, and ensure overall efficiency and effectiveness, transparency in public procurement, as well as optimized costs, delivery, quality, safety, and all other factors, by combining all statewide demand and volume for these products in the acquisition process.

2. Geographic Scope- Awarded Offerors may provide products under this Contract to any public entity in the State or Authorized User as described herein. Offerors with any geographic restrictions should specify the geographic areas that they are not able to provide products and/or services. Regardless of any contracted service areas, and to any extent that they may overlap, Authorized Users will have the opportunity to use any Contract, based on their own business discretion and/or operational needs.

3. Objectives- Products and/or services shall minimally meet specific objectives and requirements delineated herein under Statement of Needs, and all stipulated or referenced Contract requirements, provisions, and attachments.

4. Products and/or Services- Any Contractor shall be able to offer the broadest possible spectrum of all Vehicle categories sought. The State recognizes that potential suppliers may not carry all or exactly the same range of products or lines. However, all products and product lines either carried in the Contractor’s available inventory, catalog(s), or price list(s), or special order(s) shall be covered by their proposal.

5. Specifications- The Contractor shall furnish and deliver vehicle(s) and additional options in accordance with the U.S. FTA and American Public Transportation Association (APTA) specifications, floor plans, etc. submitted with their proposals which are intended to define the minimum level of quality and performance.

To be considered for an award under this RFP, Offerors’ proposed vehicle(s) shall be:

1. For a standard base model transit bus plus

2. Any additional options

2.3.2 Description of Work

1. Provide vehicles, accessories and manuals as specified in the Technical Specifications.

These specifications reflect the buyer's preference as to dimensions, materials, and major components. However, the bidder shall not omit any part or detail which makes the vehicle complete and ready for service, even though such part or detail is not mentioned in these specifications.

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2. All units or parts not specified shall be the manufacturer's best quality and shall conform in materials, design, and workmanship to the best practice known in the industry. All parts shall be new and in no case will used, reconditioned, or obsolete parts be accepted. All vans and/or buses shall be chassis manufacturer's current production model year.

3. Unless stated that an item shall be furnished by a specifically identified source other than the Contractor, the Contractor shall, for the price(s) bid, procure or provide all materials, equipment, labor and other resources needed to supply the vehicles and equipment and perform other requirements on this contract.

2.3.3 Approved Equals Process

1. Requests for approved equals, clarifications, and/or exceptions to the specifications shall be received by the Procurement Officer on the form provided (Attachment S) not less than six (6) Calendar Weeks prior to the date of the scheduled bid opening. Responses will be published on the MTA Website a minimum of fourteen (14) days prior to the bid opening date.

Any request for an approved equal or exception to the specifications shall be fully supported with technical data, test results and any other pertinent information available as evidence that the substitute offered is equal to or better than the Specification Requirement.

The MTA may require a bidder offering a substitute to supply additional descriptive material, a sample and/or a demonstration.

Requests for Approved Equals shall be submitted in Microsoft Word format. The Request for Approved Equal form will be provided electronically by the MTA to all prospective bidders.

Unless a request for an MTA approved equal is granted it is understood that the bidder is offering referenced brand names as specified.

Wherever a specific trade or product name is used within this specification the following statement applies, "or approved equal with essentially comparable standards of quality, design and performance."

2. Bidders shall submit descriptive literature of each component (e.g., chassis, wheelchair lift, seats, roof conversion, auxiliary air conditioner, heater, condenser etc.), with the bid.

By submitting a bid in response to this RFP, the Bidder shall be deemed to have accepted all the terms, conditions, and requirements set forth in this RFP. The General Conditions for Purchase Contracts are not negotiable. The selected bidder shall be responsible for all products and services required by this RFP and shall be liable for the completion of the services required hereunder. Subcontractors, if any, except for those used to meet MBE subcontracting goals, must be described and a complete description of their role relative to the bid/proposal must be included. Acts of both omission and commission by the subcontractors shall be the sole responsibility of the primary contractor.

2.3.4 Unit Prices

Unit prices shall be shown for the basic vehicle unit and for the optional equipment indicated. Options shown pertain specifically to the vehicles requested and will not be awarded separately.

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2.3.5 Price Adjustments

a. GENERAL – The unit prices and the total price stated in this contract shall be re-evaluated in accordance with this clause, except that the prices for vehicles ordered before the first effective date of any price changes shall remain fixed.

b. PRICE RE-DETERMINATION PERIODS – For the purpose of price and performance of this contract, the Producer Price Index for the subject year shall be used to compute the pricing for the second year and remainder of the contract, whether as an increase or as a decrease. All vehicles ordered during each calendar year shall be based on price adjustments computed using specified index value for the contract anniversary month of that calendar year.

c. COMPUTATION OF PRICES – Adjustment of prices, either up or down, shall be based on the US Department of Labor, Bureau of Labor Statistics Producer Price Index as published in the monthly periodical “Producer Price Indexes” for commodity code 141106843 Transportation equipment - Buses, including military and firefighting vehicles (chassis of own manufacture). The index base shall be taken from the latest version of Producer Price Index available and published for the month prior to the renewal date. Price change calculations shall be performed using the latest version of the Producer Price Index for the month using the simple percentage method. Price adjustment shall be on a per unit basis as follows:

Base Price X PPI for month of Price re-determination request (PPI for contract award month)

= Adjusted Price

The price adjustment shall apply to all vehicles ordered in the specified calendar year regardless of actual delivery.

2.3.6 Price Adjustments for Regulatory Changes

If the cost of the vehicle changes either upwards or downwards due to mandates of federal or state legislation or regulation that are promulgated and that take effect after contract award and impact the price of the vehicle during the contract period, the Procuring Agency and the Contractor will negotiate the change in the unit price of the vehicle. The Procuring Agency will require documentation of the legislation and/or regulations, the required design changes of the vehicle and the requested change in price before negotiations can begin.

2.3.7 Economic Adjustment Clause

In the event the cost of the base OEM chassis should increase during the period of time in which the contract is in effect, the vendor shall, upon submission of written proof of such increase to the State and approval by the contracts division, be entitled to adjust the price by an amount sufficient to compensate the vendor completely and precisely for such increase. The claim for the adjustment must include a certification from the manufacturer verifying vendor's cost at the time of the bid award or last increase and at the time of the requested increase. The increase will only be allowed on the cost of the base OEM chassis to the vendor. The state reserves the right to ask for invoices, published price lists, or any other evidence establishing vendor's costs to support the increase.

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In all cases, the vendor must file a claim and receive approval for such adjustments prior to accepting a release or purchase order for delivery of the vehicles. If the vendor has excessive complaints filed against him for non-delivery, his request may be denied, until such time as all past complaints are resolved to the satisfaction of the Contracts Division.

In any event, the claim for such adjustment will not apply to orders dated prior to the date the contracts division received the required documentation necessary to justify the increase.

In the event the cost of the base OEM chassis should decrease during the period of the time in which the contract is in effect, the State reserves the right to adjust the price downward to compensate it completely and precisely for such decrease. It is the vendor's responsibility to notify the contracts division of any such decrease.

All economic adjustment claims shall be submitted in writing and sent via first class or overnight mail or confirmed fax to:

Travis Johnston Office of Local Transit Support Maryland Transit Administration 6 St. Paul Street, 8th Floor Baltimore, Maryland 21202 Fax: 410-333-4810

2.3.8 Manuals

A. The Contractor shall provide one (1) current maintenance manual, one (1) current repair/shop manual, one (1) current parts catalog, as applicable and two

(2) standard operator's manuals for each vehicle as part of this contract. All manuals shall be supplied upon delivery of vehicles along with one CD-Rom or DVD containing all of the manuals and parts catalogs for each vehicle delivered.

B. Parts catalogs, repair/shop (if applicable) and maintenance manuals for each add on item or subsystem (i.e., wheelchair lift, auxiliary air conditioner and condenser etc.) shall also be supplied for each vehicle as part of this contract.

Draft manuals may be supplied upon delivery of vehicles. The final manuals shall be delivered no later than 60 days after the delivery of the vehicles along with one CD-Rom or DVD containing all of the manuals and parts catalogs for each vehicle delivered.

2.3.9 Delivery/Acceptance

A. Final delivery and acceptance of the vehicles, equipped as specified, included in the first confirmed order within the contract period and equipped as specified, shall be completed within the time frame detailed as follows:

270 days from the Order Date for all bus types

Final delivery and acceptance of vehicles, equipped as specified, included in all subsequent confirmed orders after the initial order for the contract period shall be completed within:

210 days from the Order Date for all bus types

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Vehicles ready for delivery to the end user agency shall be presented for inspection and delivery approval at the Contractor’s Service Center prior to delivery to the user agency location. The Contractor’s Service Center must be located within 150 miles of the MTA facility located at 1515 Washington Boulevard. The presentation rate shall not exceed three (3) buses per day. If more than ten (10) vehicles are presented for inspection in one (1) week period the maximum inspection period will be increased to two (2) weeks

B. Final inspection and acceptance of the vehicle shall occur at user agency location.

At the time of delivery a complete demonstration of the vehicle and all sub-components (e.g. wheelchair lift, air conditioning and etc.) shall be conducted by the Contractor for the user agency. The vehicle shall also be inspected for damage that may have occurred during delivery. The vehicles shall be delivered at no more than three (3) per day. From time of receipt of the vehicle the user agency has two (2) working days to accept/reject the vehicle. If the user agency rejects the vehicle, the user agency must immediately notify the contractor and the MTA Project Manager of the reason(s) for rejection.

C. All certificates of origin and invoices shall be sent to Jason Kepple, Project

Manager, MTA Office of Local Transit Support, 8th Floor, 6 St. Paul Street, Baltimore, Maryland 21202-1614. Certain vehicles shall indicate the Maryland Transit Administration as a “Security Lien” on the vehicle.

D. Delivery of the specified number of maintenance, parts and operator's manuals, warranties, etc. shall be made with vehicle.

2.3.10 Safety Requirements

A. The vehicle shall meet all applicable FMVSS Regulations in effect on the date of manufacture. The Contractor shall provide a certificate stating that they meet all of the FMVSS requirements with their proposal.

B. The Contractor shall comply with all applicable Federal, State, and Local regulations. In the event of any conflict between the requirements of this specification and any applicable legal requirement, then the legal requirement shall prevail.

2.3.11 Right of Inspection

The MTA reserves the right and shall be at liberty to inspect, with the cooperation of the Contractor, all materials and workmanship during the manufacturing process and shall have the right to reject all materials and workmanship which do not conform to the specifications. The MTA is under no obligation to make such inspection and if such inspection is, or is not, made, the contractor shall not be relieved of any obligation to furnish materials and workmanship in strict compliance with these specifications. Any inspection visit shall be conducted during normal business hours. Any reports generated from such visit shall be submitted to the Contractor.

2.3.12 Warranty

Warranties in this document are in addition to any statutory remedies or warranties imposed on the Contractor. A description of the Contractor warranty process shall be included in the proposal package including information on how warranty issues are tracked. The proposal package shall

RFP for MTA Page 9 also have a description of the distributor’s facilities and services provided at their facilities. The contactor shall assume sole responsibility for the entire vehicle relating to any and all warranty issues and after-sales parts and service. This includes arrangements for scheduling pick-up and delivery of vehicle for warranty repairs.

The vehicle is warranted and guaranteed to be free from defects for a minimum of twelve (12) months or fifty thousand (50,000) miles, whichever comes first, beginning on the date of User Agency acceptance of each vehicle. During this warranty period the vehicle shall maintain its structural and functional integrity. The warranty is based on normal operations in the environmental conditions prevailing in the User Agencies’ locale.

Specific subsystems and components are warranted and guaranteed to be free from defects and related defects for more than 12 months are given in Table A.

TABLE A

ITEM YEARS MILEAGE

OEM chassis (as listed below) 3 36,000 Engine assembly - Gas 5 60,000 Transmission 5 60,000 Alternator 3 36,000 Rear axle 5 60,000 Front axle 5 60,000 Frame rails/ cross members and engine/transmission mounts

5 60,000

Cab or body corrosion/perforation 5 100,000 Emissions equipment 5 Unlimited Exhaust System and Diesel Particulate Filter System 5 50,000

Bus body warranty 5 Unlimited Air conditioning/heating system 2 Unlimited Door System 1 Unlimited Electronic Destination Sign System 3 Unlimited Camera System 3 Unlimited Fire Suppression System 2 100,000 Floor, including wheel wells 5 Unlimited Floor Covering 5 Unlimited Wheelchair lift 3 Unlimited

The warranty shall not apply to any part or component of the vehicle that has been subject to misuse, negligence, accident or has been repaired or altered in any way so as to affect adversely its performance or reliability, except insofar as such repairs were in accordance with the Contract’s maintenance manuals and the workmanship was in accordance with recognized standards of the industry. The warranty shall be void if the User Agency fails to conduct normal inspections and scheduled preventive maintenance procedures as recommended in the Contractor’s maintenance manuals.

The warranty shall not apply to scheduled maintenance items and items such as tires, fluids, lamp replacement, etc., nor user agency supplied equipment, such as radios and other auxiliary equipment, except insofar as all such equipment may be damaged by the failure of a part or

RFP for MTA Page 10 component for which the Contractor is responsible.

When the User Agency representative detects a defect within the warranty periods as described in Table A they shall promptly notify the Contractor. Within two (2) working days after receipt of notification, the Contractor and User Agency shall agree whether or not the defect is covered under warranty.

When warranty repairs are required, the Contractor is responsible for obtaining and completing all vehicle warranty work and shall agree within three (3) working days after notification on the most appropriate course for the repairs and the exact scope of the repairs to be performed under warranty. If no agreement is obtained within the three (3) working day period, the User Agency reserves the right to commence the warranty repairs within the agency repair facility or at a third party facility authorized to perform warranty work. The Contractor shall be responsible for reimbursement to the user agency of all third party charges incurred due to the Contractor’s inability to schedule the warranty work within his facility.

The Contractor shall begin the warranty work necessary to effect repairs within three (3) working days after receiving notification of a defect from the User Agency. The User Agency shall make the vehicle available to complete repairs within a mutually agreed upon time schedule. The Contractor shall provide at its own expense all spare parts, tools and space required to complete repairs within the Contractor’s service facility.

If the User Agency performs the warranty-covered repairs, it shall correct or repair the defect and any related defects using contractor-specified spare parts supplied by the Contractor specifically for the repair. Monthly, or at a period to be mutually agreed upon, reports of all repairs covered by this warranty shall be submitted to the Contractor and copied to MTA by the User Agencies for reimbursement or replacement of parts. The Contractor shall provide forms for these reports.

New parts for warranty-covered repairs performed by the User Agency shall be shipped prepaid via standard shipping to the User Agency from any source selected by the Contractor on the “next business day” from receipt of the request for said parts. If the Contractor requests the return of the parts being replaced under warranty, the total cost for this action shall be paid by the Contractor.

The User Agency shall be reimbursed by the Contractor for labor and parts. The labor costs shall be determined by multiplying the number of man-hours actually required to correct the defect by a fixed rate of $70 per hour, plus the cost of towing the vehicle if such action was necessary. The User Agency shall not accept parts credit as payment of warranty labor claims. The contractor shall also be responsible for the cost of towing the bus to a repair facility, if necessary.

If any component, unit, or subsystem is repaired, rebuilt, or replaced by the Contractor or User Agency, with the concurrence of the Contractor, the subsystem shall be covered by the unexpired warranty period of the original subsystem.

A Fleet Defect is defined as cumulative failures of twenty-five (25) percent of the same components in the same or similar application in a minimum order size of twelve (12) or more buses, regardless of the end user, where such items are covered by warranty. A Fleet Defect shall apply only to the base warranty period in sections entitled “Complete Bus,” “Propulsion System” and “Major Subsystems.” When a Fleet Defect is declared, the remaining warranty on that item/component stops. The warranty period does not restart until the Fleet Defect is corrected.

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For the purpose of Fleet Defects, each option order shall be treated as a separate bus fleet. In addition, should there be a change in a major component within either the base order or an option order; the buses containing the new major component shall become a separate bus fleet for the purposes of Fleet Defects.

The Contractor shall correct a Fleet Defect under the warranty provisions defined in “Repair Procedures.” After correcting the Defect, the Agency and the Contractor shall mutually agree to and the Contractor shall promptly undertake and complete a work program reasonably designed to prevent the occurrence of the same Defect in all other buses and spare parts purchased under this Contract. Where the specific Defect can be solely attributed to particular identifiable part(s), the work program shall include redesign and/or replacement of only the defectively designed and/or manufactured part(s). In all other cases, the work program shall include inspection and/or correction of all of the buses in the fleet via a mutually agreed-to arrangement. The Contractor shall update, as necessary, technical support information (parts, service and operator’s manuals) due to changes resulting from warranty repairs. The Agency may immediately declare a Defect in design resulting in a safety hazard to be a Fleet Defect. The Contractor shall be responsible to furnish, install and replace all defective units.

The Fleet Defect warranty provisions shall not apply to Agency-supplied items, such as radios, fare collection equipment, communication systems and tires. In addition, Fleet Defects shall not apply to interior and exterior finishes, hoses, fittings and fabric.

2.3.13 Pre-Award Audit

A. The MTA shall conduct a Pre-Award Audit of the apparent low-bidder to determine if bid proposal meets specifications and will comply with Buy America regulations.

B. The apparent low bidder(s) shall submit original documentation to the MTA, prior to bid award, certifying the manufacturer’s compliance with Federal Transit Administration (FTA) Pre-Award Buy America Audit requirements. The document submitted shall be original, not copies, and include the following information for each major component and sub-component used on vehicle bid.

- Name and Address of each supplier.

- Cost of each major component and sub-component. In order to protect proprietary information, the document may reflect the percentage of total cost each item represents instead of the actual cost.

- Country of origin of each major component and sub-component.

- Name and Address of company where final assembly occurs.

- Signed by authorized representative of vehicle manufacturer.

C. Once the steps outlined in A and B above have been successfully completed and all MTA approvals have been given the MTA shall award the contract.

2.3.14 Pre-Production Meeting

After the contract has been awarded, the MTA shall conduct a Pre-Production Meeting, at the bidder’s location, to determine that the vehicle ordered meets all specifications prior to

RFP for MTA Page 12 actual production.

2.3.15 In-Plant Inspections

The MTA shall conduct in-plant inspections, at the vehicle assembly plant, to ensure that each vehicle meets specifications. Any deviations from the specifications shall be corrected by the manufacturer, at the manufacturer’s expense, prior to the vehicle completing the production process.

The presence of a resident inspector in the plant shall not relieve the manufacturer of the responsibility to meet the requirements of this procurement. Deviations from the specifications, not brought to the attention of the Manufacturer by the inspector, do not absolve the Contractor of the responsibility to meet, entirely, the requirements of the contract.

The first in-plant inspection shall occur with the production of the first group of buses ready for delivery to the Contractor’s facility. Depending on the number and quality of the vehicles being produced, the MTA may conduct multiple in-plant inspections.

Any disputes arising from this process shall be resolved by the MTA, the MTA inspector and Manufacturer/Contractor based on the contract requirements.

2.3.16 Post Delivery Audit

A. The MTA shall conduct a Post Delivery Audit of the vehicle(s), at the contractor's service center and/or manufacturing plant, to determine that the completed vehicle(s) meets specifications and have fully complied with Buy America regulations.

B. The apparent low bidder shall submit original documentation to the MTA, prior to final acceptance of the vehicles, certifying the manufacturer’s compliance with Federal Transit Administration (FTA) Post Delivery Buy America Audit requirements. The document submitted shall be original, not copies, and include the following information for each major component and sub-component used on vehicle bid.

- Name and Address of each supplier.

- Cost of each major component and sub-component. In order to protect proprietary information, the document may reflect the percentage of total cost each item represents instead of the actual cost.

- Country of origin of each major component and sub-component.

- Name and Address of company where final assembly occurs.

- Signed by authorized representative of vehicle manufacturer.

C. Once this process has been satisfactorily completed, the vehicle(s) shall be considered acceptable.

2.3.17 Altoona Testing Requirements

If the Federal Transit Administration requires testing at the Altoona Bus Testing Facility for the category of vehicle being purchased, documentation certifying that said testing has been completed and a copy of the test results shall be forwarded to the MTA Procurement

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date.

At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s Solution.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 90 days prior to Contract end date, or the termination thereof.

Such transition efforts shall consist, not by way of limitation, of:

A. Provide additional services and support as requested to successfully complete the transition;

B. Maintain the services called for by the Contract at the required level of proficiency;

C. Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

A. The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of Contract end date.

B. The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the Administration and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Administration or a designee;

5) Any final training/orientation of Administration staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

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a) A working knowledge of the current system environments as well as the general business practices of the Administration;

b) Review with the Administration the procedures and practices that support the business process and current system environments;

c) Working knowledge of all technical and functional matters associated with the Solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

e) A working knowledge of various utilities and corollary software products used in support and operation of the Solution;

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process. The Contractor shall document any risk factors and suggested solutions.

C. The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

D. The Contractor shall provide copies of any current daily and weekly back-ups to the Administration or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

E. Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5.

3.3 Invoicing

3.3.1 General

A. The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and Accounts Payable at e-mail address: tjohnston@mdot.maryland.gov and MTAAccountsPayable@mdot.maryland.gov.

B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

mailto:tjohnston@mdot.maryland.gov mailto:MTAAccountsPayable@mdot.maryland.gov

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2) Remittance address;

3) Federal taxpayer identification (FEIN) number, social security number, as appropriate;

4) Invoice period (i.e. time period during which services covered by invoice were performed);

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Bid Item Number Invoiced;

10) Number of spare parts/equipment involved, if applicable;

11) Model and serial number of vehicles invoiced, if applicable;

12) Unit and Total Prices by Bid Item Number;

13) User Agency Name;

14) Amount due; and

15) Any additional documentation required by regulation or the Contract.

D. Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing.

E. The Administration reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Administration with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

F. Any action on the part of the Administration, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with

COMAR 21.10.04.

G. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor; however, is not exempt from such sales and use taxes and may be liable for the same.

H. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.2 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Attachment B – Financial Proposal Form) those items shall be billed in the month following the acceptance of the work by the Administration.

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B. For items of work for which there is annual pricing, see Attachment B– Financial Proposal Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 For the purposes of the Contract an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Contract;

B. The proper invoice has not been received by the party or office specified in the Contract;

C. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

D. The item or services have not been accepted;

E. The quantity of items delivered is less than the quantity ordered;

F. The items or services do not meet the quality requirements of the Contract;

G. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

H. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

I. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by…