RSI021680_Contract_V1.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: New Model Year 2024 or Newer Light Transit Bus

CONTRACT No.: RSI021680

CONTRACT ID: CTR021680

EFFECTIVE DATES: 08/01/24 to 07/31/25

SUPPLIER: TRANSPORTATION EQUIPMENT SALES CORP

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No.

SRC0000019587. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 24 months unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all State agencies, State institutions of higher education and properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services, as applicable.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the OhioBuys public portal at the following address:

https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed: _____________________________________________________________________

Kathleen C. Madden, Director Date https://ohiobuys.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

1 - SPECIFICATIONS AND REQUIREMENTS

1.1 – SCOPE

These specifications define the State’s requirements for new, never titled, model year 2024 or newer light transport vehicles to be utilized by state agencies in the operation of state government. This includes political subdivisions that are members of the Department of Administrative Services, Office of Procurement Services Cooperative Purchasing Program.

Vehicle shall be the latest current model, complete with all standard equipment, unless otherwise specified. Any item which is standard equipment on the vehicle being bid, but not listed below, must not be removed from the vehicle. Manufacturer’s disclaimers indicate changes in product specifications may occur during the model year, and they reserve the right to do so without repercussion. All current mandatory Department of Transportation safety requirements are to be furnished, including seat belts and shoulder harness.

1.2 – CLASSIFICATION

Due to the life cycle of vehicles, usage data will change from year to year. The State makes no representation or guarantee as to the actual number of vehicles that will be purchased by participating agencies.

Item Number

Estimated # of Units

Classification:

1 6 NEW MODEL YEAR 2024 OR NEWER, LIGHT TRANSIT BUS DRIVER & 14 PASSENGER

SEATS (EXHIBIT A)

Political Subdivisions purchases are not included in the figures shown above. The evaluation is based upon these State usage figures. This contract will be available to political subdivision, in addition to the State usage projections above.

1.3 - APPLICABLE DOCUMENTS

A. Ohio Revised Code Section 125

B. Ohio Revised Code Chapters 4501, 4503, 4513, and 4517

C. Federal Motor Vehicle Safety Standards (FMVSS)

D. Society of Automotive Engineers (SAE) Automotive Technical Standards

E. Occupational Safety & Health Administration (OSHA) Regulations

F. U.S. Environmental Protection Agency (EPA) Laws & Regulations

G. Model Year 2024 or Manufacturer’s most current Model EPA Fuel Economy Guide

1.4 – DELIVERY

1.4.1 - ORDER CONFIRMATION

Upon receipt of an order from an ordering agency, the contractor will confirm receipt of the agency’s order by electronic means.

The contractor is to provide confirmation by electronic means once the order has been placed with the manufacturer. The confirmation document shall confirm the contractor’s order number, specific item(s), order quantities, and unit price. The confirmation document may be a copy of the agency’s order with the contractor’s order number entered thereon. Delivery to the ordering agency is to be accomplished within seven (7) days after the contractor receives and services ordered items (for Delayed Delivery refer to Section 1.4.3 of this document).

Upon receipt of the vehicle from the manufacturer, the dealer is to acknowledge receipt of the vehicle to the ordering agency.

The contractor (dealer) is to then schedule delivery with the ordering agency. Delivery may be refused by the ordering agency if delivery was not scheduled.

http://codes.ohio.gov/orc/125 http://codes.ohio.gov/orc/4501 http://codes.ohio.gov/orc/4503 http://codes.ohio.gov/orc/4513 http://codes.ohio.gov/orc/4517

1.4.2 - ORDERING ENTITY CONTACT

Any State of Ohio ordering entity and/or political subdivision ordering from this contract needs to be sure that they have included a contact and phone number(s) on the purchase order to the dealership. State’s Cooperative Purchasing members need to be sure to include their current membership certificate number and / or a copy of their current membership certificate when placing an order to the dealership.

1.4.3 - DELAYED DELIVERY

A. Certain agencies may require delayed delivery on various items within this Contract. For any vehicle order that requests delayed delivery, the storage charges per day shall commence seven (7) calendar days after agency contact person notification that vehicle(s) so ordered are serviced and ready for delivery. The rate of such charges shall be indicated on the catalog item as Delayed Delivery Daily Storage Charge. Failure to include a dollar amount at bid submission for the Delayed Delivery Daily Storage Charge will be interpreted as $0.00.

B. If ordering entities elect to take delivery at the Contractor’s place of business, pickup must be within seven (7) calendar days after notification that the vehicle is serviced and ready for pickup. If the vehicle is not picked up within the seven

(7) calendar days after notification, the ordering entity is subject to a storage charge. The rate of such charges shall be indicated on the catalog item as Delayed Delivery Daily Storage Charge. Failure to include a dollar amount at bid submission for the Delayed Delivery Daily Storage Charge will be interpreted as $0.00.

1.4.4 - DELIVERY INSTRUCTIONS

The transporting and delivery of automobiles shall be accomplished by surface transport, or by being driven individually. Tow bar delivery is not acceptable. All deliveries shall be effected per bid commitment. Failure to meet delivery requirements may be cause for cancellation, only with the approval of the Office of Procurement Services.

1.4.5 - MANUFACTURERS PRODUCTION TERMINATION NOTICE (BUILD-OUT)

A. The contractor is required to notify the Office of Procurement Services when build out dates are released by the manufacturer. A Build Out Schedule is listed in the Contract to assist entities in planning vehicle purchases. If an order is accepted by the contractor after the build out date and price protection for the new model year has not been established, the normal delivery timeline for delivery is required.

B. Orders prior to manufacturer production termination notice (build-out date): All orders placed against any contract resulting from this bid, shall be provided to the contractor no later than the manufacturer’s build-out date, which in the past is usually around March, but may be much earlier. Agencies will be notified of these dates but are urged to submit their orders as quickly as possible after receipt of the contract.

C. All orders received and accepted by the contractor on, or prior to, the build-out date shall guarantee delivery of the vehicle as described on the purchase order at the Contract price.

D. Any order received by the contractor after the build-out date will be subject to availability. The contractor reserves the right to accept or reject these orders. The contractor will be required to notify the ordering agency, within five (5) working days, after the purchase order has been received by the contractor, whether the purchase order will be accepted or rejected. If the purchase order cannot be accepted it shall be returned to the ordering agency by the contractor. Once accepted, the contractor shall be required to fulfill the order. Failure to do so may result in the ordering agency purchasing a comparable vehicle from another source. The contractor will be held liable for any difference in price

1.5 - NOTES

1.5.1 - WARRANTY

Unless ordered with extended warranty, manufacturer’s standard warranty shall apply, copy of warranty to be delivered with vehicle(s) purchased. Order will be considered incomplete until warranty is delivered.

1.5.2 - SPECIFICATION CONFORMATION & EXTRA ACCESSORIES

Any delivered vehicle not conforming to these specifications shall be rejected and it will be the responsibility of the dealer or manufacturer to comply with State of Ohio requirements. Any extra accessories delivered on vehicles cannot and will not be paid for.

1.5.3 - ORDERING REQUIREMENTS/LIMITATIONS

Some equipment requested may be available only in combination with other options or subject to additional ordering requirements or limitations. Be sure such requirements are noted. Once awarded, contractors are expected to deliver vehicles as ordered, incurring no additional costs beyond the stated prices.

1.5.4 - DIFFERENTIAL TYPE/RATIO

For the purposes of this bid the terms limited slip, anti-spin, automatic locking, rear locking, TRAC-LOC, etc. are to have the same meaning. The bidder is to state the standard rear axle ratio being provided (include information on the Specification Identification & Delivery form and attach form via Questionnaire) and is to quote any additional ratio that may be available when preparing their bid.

1.6 - SPECIFICATION SHEETS

Shown below are the specifications requirements for equipment that the State desires to purchase. These specifications are only considered as necessary to establish functional requirements. Proprietary design, exact dimensions, capacities, or restrictive features will not preclude acceptance of other recognized alternates meeting comparable performance requirements as determined by the Department of Administrative Services. List all deviations providing equivalent performance in the Questionnaire. Failure to comply may deem the bid not responsive.

These specifications and drawings, (Exhibit A, page 20 and Exhibit B, page 21) describe the minimum requirements for a model year 2024 or newer light transit vehicles. Multiple seating configurations will be requested to accommodate the driver, passenger seating and/or wheelchair positions. The locations for the wheelchair lift and tie downs must meet current ADA requirements.

ITEM #1: NEW, MODEL YEAR 2024 OR NEWER, LIGHT TRANSIT BUS DRIVER & 14 PASSENGER SEATS (EXHIBIT A)

Manufacturer Cab/Chassis: Ford

Model No. and Year Cab/Chassis: E350 MY2025

Manufacturer of Tires: Ford OEM

Delivery, Days After Receipt of Order: 120 to 150 Days

Line No. Standard Specification Items Minimum Requirements

Chassis

1. Engine 6.8L V10 (EFI) / 7.3L V8 or better

2. Fuel Type Gas

3. GVWR 12,500 lbs.

4. Automatic Transmission Electronic 5-Speed Automatic

5. Horsepower and Torque 305 HP and 420 lb. ft. torque

6. Drivetrain 4x2

7. Differential Type Limited Slip

8. Axle Ratio 4.1

9. Engine Block Heater Required

10. Aux. Heater Connect Required

11. Cooling System Chassis manufacturers heaviest duty cooling system supplied and protected to minus 30 degrees Fahrenheit installed with coolant recovery system

12. Radiator Heavy duty, overflow tank to be included

13. Batteries Dual Heavy-Duty

14. Alternator Amps Heavy Duty 225

15. Brakes 4-Wheel ABS Power Brakes, heaviest duty available to meet the required GVWR of the vehicle

16. Steering Power assisted

ITEM #1: NEW, MODEL YEAR 2024 OR NEWER, LIGHT TRANSIT BUS DRIVER & 14 PASSENGER SEATS (continued)

Line No. Standard Specification Items Minimum Requirements

Chassis (continued)

17. Back-up Alarm Required

18. Wheels Dual Rear

19. Tires All Terrain to meet GVWR specified. (All tires are to be radial, premium quality recognized by the manufacturer, steel belted and all season design.)

20. Spare Tire Full Size (Same manufacturers’ style and tread design as OEM with the manufacturer’s standard spare tire mounting location.)

21. Mud Flaps Front and Rear, No advertising

22. Fuel Tank 40 Gallon (Delivered with the fuel tank at a minimum of one-quarter (1/4) full)

23. Wheelbase 158”

24. Front Axle 5,000 lbs

25. Rear Axle 8,500 lbs

26. Suspension Heavy Duty; must meet GVWR specified (see Exhibit A).

Exterior

27. Front Bumper Manufacturer’s standard

28. Exterior Length 270”

29. Exterior Width 96”

30. Doors Driver

31. Steps Step on driver entry

32. Windows Tinted

33. Wipers Dual speed with intermittent feature

34. Paint

Entire unit to be painted in accordance with automotive standards. Paint color:

White.

35. Lights Daytime running lights;

Rear center mounted brake light (LED)

36. License Plates Mounting Must be made to mount on the front and rear of vehicle and shall comply with SAE J686

37. Keys Two (2) sets of keys Interior

38. Interior Width 91”

39. Front Air Conditioning Standard

40. Front Heater and Defroster Standard

41. Rear Air Conditioning A/C evaporator, rated at 50,000 BTU

42. Rear Heating System 65,000 BTU

43. Heater Shut Off Valves Required

44. Driver Door Locks/Windows OEM Ford driver side power window and lock (no co-pilot door).

Line No. Standard Specification Items Minimum Requirements

Interior (continued)

45. Arm Rests Right hand arm rest on driver’s seat;

other arm rests to be built into the driver door panel

46. Radio AM/FM factory installed w/4 Speakers

47. Radio Suppression Manufacturer’s standard system

48. Steering Wheel Ford OEM

49. Lights Step well courtesy light; red light at egress windows

50. Mirror Inside rear-view mirror

51. Visor Driver side

52. Gauges on Instrument Panel Standard for model being sold

Seats

53. Driver Seat Required

54. Seats Exhibit A: Cloth Covered

TRANSIT BUS PACKAGE

Body

55. Altoona Tested 7 year/200,000 miles

56. Body Construction Fully welded unitized steel cage or Honeycomb fiberglass structure; fully insulated roof and exterior walls constructed to meet all FMVSS requirements

57. Exterior Width 96”

58. Headroom 77” (75” with Raised Floor)

59. Passenger Entry Doors 36” Full-View, Electric Powered

60. Windows Emergency Side and Rear Egress, compliant with FMVSS performance requirements

61. Top T-Slider Windows Upper windows - 36” x 36”

62. Right Side Cab Window Mor-View or equivalent

63. Drip Rails Over Windows and Entry Doors

64. Roof

5.2 mm thick luan is secured by fasteners to each roof bow, then a one piece, .040” thick FRP roof is bonded with adhesive to the luan. Extra reinforcement at the roof radius is provided by a .050" thick blackboard.

65. Exterior Side Walls and Skirts

.024” thick pre-painted galvanized steel sidewall metal and skirts, sidewall is laminated using a reactive, crosslinked structural hot melt adhesive to the steel frame using high pressure pinch rollers to ensure a solid bond.

66. Driver Exterior Mirror Remote power, adjustable (i.e. ROSCO or equivalent)

67. Fender Flairs Rear Plastic

68. Rear Trim Stylized Plastic

69. Marker Lights ICC Front and Rear

70. Rear Bumper Manufacturer Standard

71. Modesty Panel & Stanchion Pole Left side of entrance door in passenger seating area and behind the driver’s seat

72. Grab Rails Passenger entrance parallel to steps, both sides and comply with ADA requirements

73. Light At Step Well to illuminate step surfaces

74. Red Lights At Egress Windows

Line No.

Standard Specification Items Minimum Requirements

TRANSIT BUS PACKAGE

Body (continued)

75.

Interior Walls

Upper: Vandal Resistant FRP laminated to Luan is installed above the seat track to the transitional panel. Mating panels are trimmed using a vinyl “T” lock with smooth edges.

Lower: Directionless weave charcoal color fabric is installed on luan using an adhesive from below the seat track to the floor.

76.

Master Electronic Printed Circuit Board Control Panel Required

77. Circuit Breakers Intermotive Flextech Programmable Relay Power Center

78. Wiring Harness Color/Function Coded

79. Floor Heavy duty, slip resistant, smooth flooring: GerFlor Sirius NT #6801. 5/8” Exterior Commercial Grade Plywood SubFloor and Undercoating.

80. Driver Seat

Cab/Chassis OEM Manufacturer Shield Recliner Driver seat; (3) point lap and shoulder seat belts to meet FMVSS requirements.

81. Seats (Passenger)

Double Passenger Fixed Seats (EXHIBIT A):

Forward facing HI-Back Double Recliner; retractable lap seat belt to meet FMVSS and ADA requirements. Seat to be securely mounted to the floor (i.e. Freedman Seats or approved equivalent); flip up armrest on all aisle seats

REFERENCE EXHIBIT A FOR SEAT PLACEMENT, CONFIGURATION AND SEAT

TYPE

82. Seat Belts Driver: Three (3) Point lap and Shoulder.

Passenger Seats: Retractable lap seat belt to meet FMVSS and ADA requirements.

83. Storage Rack (EXHIBIT A ONLY) Loose load located in the side/rear of the bus

84. Door Holding Brackets Gas spring Rod, two (2) each

85.

Airbag Supplemental Restraint System Driver

86. Backup Alarm Complete Safety Kit

87. First Aid Kit #10 type

88. Road Warning Kit Triangle Kit

89. Fire Extinguisher 5 lb. ABC

90. Emergency Exit Sign LED Light over Emergency Windows and Door

91. ADA Lighting Package One (1) Led Light in Skirt

92. Decals ADA

93. Safety Standards Completed unit must comply with all applicable FMVSS, ADA and State of Ohio, Department of Transportation Safety Requirements

WARRANTY

94.

Mfg Standard Corrosion Protection StarTrans Bus: 5 years/75,000 miles; Ford OEM: 5 years/unlimited miles

95. Mfg Standard Basic StarTrans Bus: 5 years/100,000 miles; Ford OEM: 3 years/36,000 miles

96.

Mfg Standard Powertrain Ford OEM: 5 years/60,000 miles

97.

Mfg Standard Roadside Assistance Ford OEM: 5 years/60,000 miles

OPTIONAL EQUIPMENT ITEMS

98. Additional Option Package: 70K BTU Dual Compressor Air Conditioning System (104313)

99. Additional Option Package: Storage Area Above Driver (20192)

2 - STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 03/01/24) will apply to this Contract.

3 - SPECIAL CONTRACT TERMS AND CONDITIONS

3.1 - ORDER OF PRIORITY

The order of priority of the Contract will be the following: 1.) Specifications and Requirements; 2) Contract Specific Terms and Conditions; 3) Standard Terms and Conditions.

3.2 - AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

3.3 - FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.4 - OPTIONS PRICING NOTE

Options prices bid are to be less than the manufacturer's suggested retail price(s) (MSRP). Bidder signifies by the completion of “Bid Certification” in their response that the option prices bid are less than MSRP. Bidders found to be over charging for options during bid evaluation may have those options deleted from any award. Bidders found to be over charging for options at the time of invoicing will be required to submit corrected invoices reflecting proper pricing.

Bidders must indicate whether an option item is included with the base unit, no additional charge, not available, or a price for the option. On the Item Grid, the following must be used to indicate one of those choices:

• Included with base unit or available at no additional charge: On the Item Grid, enter $0.00

• Not available: On the Item Grid, mark ‘Yes’ in the Decline column

• Price: On the Item Grid, enter the dollar value

3.5 - ADDITIONAL OPTION PACKAGES

Bidders may elect to supply pricing for popular or common option packages not included as a required options on the Item Grid. Additional option packages quoted will be made available to the ordering entities at the discretion of DAS, as part of the Contract.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocure.ohio.gov%2Fstatic%2FTCond%2FStandard_T_C%25203-1-24.pdf&data=05%7C02%7CKimberly.Parker%40das.ohio.gov%7Cff0f09d10a8c49785c4708dc3a0e53f9%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C638449080431758605%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=ZuszyL8zND8EOTOuRk%2FJkEIvxU%2BkdWgeK7Nv75xF68I%3D&reserved=0

3.6 - TRANSPORTATION CHARGES

Any items(s) ordered from this Contract shall be delivered F.O.B. destination to any state agency or any political subdivision located within the State of Ohio as stated on the purchase order, at the rate per mile, per vehicle delivery charge as listed on the catalog. When generating orders, contact the contractor and establish the total round-trip miles for one (1) vehicle from dealers location, using the State of Ohio Official Highway Map, unless some other mutually agreed upon method is acceptable.

3.7 - MINIMUM DELIVERY CHARGE

This charge is to be used when the rate per mile per vehicle, as listed on the catalog, times the number of round-trip miles is less than the minimum delivery charge. The contractor may not bill for both the rate per mile, per vehicle and the minimum delivery charge.

3.8 - PLACEMENT OF ORDERS

Ordering entities are strongly encouraged to place orders as early as possible in the model year. Purchase orders for any item(s) listed in a contract, awarded pursuant to this bid, will be placed directly with the contractor(s) by the using agency. No order shall specify delivery to exceed thirty (30) days beyond the expiration and/or cancellation date of the contract.

3.9 - PURCHASE ORDERS

The Purchase Orders for item(s) listed in this Contract will be placed directly with the contractor by the ordering agency. All purchases, made by state agencies only, will be placed using either the official State of Ohio Purchase Order or, by a purchase order issued by the State’s third-party financing administrator. The State will not be obligated to pay for purchases of any supplies or services, made by any other method. No order shall specify delivery to exceed thirty (30) days beyond the expiration, termination, or cancellation date of the Contract. A Purchase Order will authorize the contractor to provide the required supplies or services and, upon delivery, acceptance and submission of a proper invoice, will obligate the ordering agency to pay for the supplies or services furnished by the contractor.

When applicable, purchase orders may be placed for delivery to the agency on a quarterly basis. Any orders issued prior to the expiration, termination, or cancellation date of the Contract, which require delivery up to ninety (90) days beyond the approved expiration, termination, or cancellation date are to be fulfilled by the contractor.

ALL purchase orders placed against this Contract are to contain verbiage exactly as to how the title, delivery instructions, etc.

are to read, i.e.:

TITLE TO: SHIP TO: BILL TO:

AGENCY TAX NO.

AGENCY

ADDRESS

CITY/STATE

COUNTY CONTACT TELEPHONE________________

3.10 - SUBMISSION OF INVOICES

Refer to the Standard Contract Terms and Conditions; IV, Order and Payment Provisions. Invoices will not be issued prior to receipt of a purchase order.

3.11 - PAYMENT

During the term of this Contract, a third-party financing option will be made available to State agencies only; not to political subdivisions. The contractors (dealers) will be notified by the State to review the order to pay process utilized by the third-party administrator. Contractors will continue to receive payment in full; either from the State or the third-party administrator. If payment is received from the third-party administrator, the title to the vehicle is to (may) be forwarded to the third-party administrator. If a third-party administrator is used for payment, there could be a delay in receipt of payment.

It is unknown which agencies may purchase through a third-party administrator or quantity of vehicles being purchased. This payment method may increase the number of vehicles purchased. Electronic Funds Transfer (EFT) may be used as payment method with mutual agreement between the third-party financing administrator and the dealer.

Payment will be issued once full order is completed and vehicles are delivered to ordering agency.

3.12 - CANCELLATION AFTER ORDER CONFIRMATION

If an ordering agency needs to cancel any units due to agency error (wrong vehicle, over purchase, discontinued use, inventory reduction, etc.) after receiving the confirmation from the factory as described in Section 1.4.1 of this document, the contractor may accept or reject the cancellation. If the contractor accepts the cancellation, they may charge a fee of up to $1,000.00 per vehicle cancelled to recover costs for reselling the vehicle.

3.13 - SERVICE

The vehicle will be completely dealer serviced and conditioned as per the manufacturer's pre-delivery recommendations and all equipment is to be completely installed with all adjustments made which are required to prepare the vehicle for immediate and continuous operation upon delivery. This requires that all fluids are filled to their maximum levels unless otherwise defined.

Unit shall conform to all current Federal Safety Regulations including OSHA.

3.14 - SERVICE POLICY

The successful bidder shall furnish with each vehicle delivered, or within three (3) days after delivery of the vehicle, the Manufacturer's Owner Service Policy. In addition, the Owner's Service Policy shall be recognized and accepted by all authorized dealers within the boundaries of the state of Ohio regardless of the location of the District or Regional Headquarters under which the vehicle operates.

3.15 - CERTIFICATE OF TITLE

The contractor must submit application for certificate of title within one (1) business day after delivery of vehicle(s) has been made to the ordering agency. The title shall be delivered within fifteen (15) days after delivery of vehicle(s) to the ordering agency.

3.16 - AGENCY REGISTRATION

The contractor shall furnish the Title Documents for each new vehicle and deliver same to the department ordering the vehicle, unless otherwise specified on purchase order. The contractor shall deliver with the necessary papers a $15.00 per vehicle filing fee at time of vehicle(s) delivery to any agency authorized to complete their own title registration.

3.17 - ADVERTISEMENT

Dealer name-signs shall not be affixed to any part of the delivered vehicle.

3.18 - DEALER LICENSE

Contractor must be licensed to sell motor vehicles in the State of Ohio pursuant to ORC 4517.12. DAS may ask for proof of a dealers license/permit.

The Bidder should submit their dealer license/permit issued by the State of Ohio with their bid response. If not provided as part of the bid response, the Bidder must provide said dealer license within seven (7) calendar days after request/notification by the Office of Procurement Services. Failure to submit the dealer license within the stated time period may result in the bid response being deemed as not responsive.

3.19 - AUTHORIZED DEALER STATEMENT

Bidders responding to this Invitation to Bid must be an authorized dealer or manufacturer of the products they are bidding.

Bidders should submit documentation with their bid response certifying that they are the manufacturer or an authorized dealer of the manufacturer of the products being bid. This certification must be from an authorized manufacturer‘s representative. If not provided as part of the bid response, the Bidder must provide said statement within seven (7) business days after request/notification by the Office of Procurement Services. Failure to submit the certification within the stated time period may result in the bid response being deemed as not responsive.

3.20 - SALES LICENSE

Contractor must be licensed to sell new motor vehicles pursuant to ORC 4517.01 and 4517.02.

DAS may ask for proof of a salesperson’s license after bid opening if not provided at bid opening. If requested, the Bidder will have seven (7) calendar days to respond.

If the owner/partner who is listed on the dealer’s license is selling to the State, rather than a salesperson, an affirmation letter stating this must be provided in lieu of a salesperson license.

https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fcodes.ohio.gov%2Forc%2F4517.12&data=04%7C01%7CBrad.Ratliff%40das.ohio.gov%7Ce289f08d903940817c9d08d967efe1cd%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C637655102243190490%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=JQJUDxU7IzuZDxvQFbdoqAcTm8nXnR0zxQyEQWna4K0%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fcodes.ohio.gov%2Forc%2F4517.01&data=04%7C01%7CBrad.Ratliff%40das.ohio.gov%7Ce289f08d903940817c9d08d967efe1cd%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C637655102243190490%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=U6VkBO530EfkO9cEMj4t5pvmOY7g8OZOXdXNM2i40Ug%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fcodes.ohio.gov%2Forc%2F4517.02&data=04%7C01%7CBrad.Ratliff%40das.ohio.gov%7Ce289f08d903940817c9d08d967efe1cd%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C637655102243200458%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=dzw9qQOw32mulhdkuVHs1ZAQdkbK9Z5ois%2FwSu2BiOo%3D&reserved=0

3.21 - ENERGY POLICY ACT

The Energy Policy Act was signed into law in 1992. Under the act, state and federal government fleets must begin phasing in alternative fuel vehicles as replacements for petroleum fuel vehicles. The act recognizes methanol, ethanol and other alcohol-gasoline blends, natural gas, liquefied petroleum gas and other fuels as sources of replacement ("reformulated gasoline" and 10% ethanol are excluded from the definition of alternate fuels).

3.22 - COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract. The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

3.23 - CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g. January-March, April-June, July-September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to Ohio|Buys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using Ohio|Buys at the following web address supplier-emarketplace.ohio.gov . If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract. The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.

3.24 - CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals ¾ of 1% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below.

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may setoff any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

4 - INVITATION TO BID INSTRUCTIONS

Instructions, Terms and Conditions for Bidding that apply to the solicitation.

5 - SPECIAL INSTRUCTIONS TO BIDDERS

5.1 - DELIVERY

Supplies will be delivered to the participating agency within the timeframe noted on the contract for the item after receipt of order. The delivery location will be noted on the purchase order issued by the participating agency.

5.2 - DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.

https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5.3 - CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by line item.

5.4 - EVALUATION

Bids will be evaluated in accordance with Article I-17 of the “Instructions to Bidders”. In addition, the State will: evaluate the Bid based on the unit price of the Bus, all specified equipment, fully operational and adjusted to factory specifications, plus appropriate delivery charge. If there is no “delivery charge per mile round trip map mileage rate” supplied, or the calculated value of the delivery charge is less than the minimum delivery charge, the minimum delivery charge will be used for evaluation purposes. The state reserves the right to reject the “per mile” delivery charge or the “minimum” delivery charge if it is determined to be excessive.

All bidders are required to submit a factory build/order sheet showing all of the standard and option items for each piece of equipment bid to verify each bid is in conformance with the required bid specifications. If not provided as part of the bid response, the Bidder must provide within seven (7) calendar days after request/notification by the Office of Procurement Services to do

so. Failure of the bidder to furnish factory build/order sheet either as part of their bid response or within the time specified herein will deem the bidder not responsive.

Example Calculation:

Total Item Cost = [(vehicle unit bid price) x (estimated number of units)] + [(delivery charge per mile round trip x 300) x estimated number of vehicles]

EXHIBIT A

DRIVER & 14 PASSENGER SEATS

MINIMUM REQUIREMENTS FOR THIS VAN CONFIGURATION

GVWR: 12,500

Wheelbase: 158” Exterior Length: 270” Exterior Width: 96” Headroom: 77” (75” with Raised Floor) Interior Width: 91”

BUILD OUT SCHEDULE

Amendment

Amendment Date

Vehicle Description Make/Model

Requisition Approval

Date Order to Dealer Date

Dealer Order Cut Off Date

Price Protection (Yes/No)

ITEM #1: NEW MODEL YEAR 2024 OR NEWER,

LIGHT TRANSIT BUS DRIVER & 14

PASSENGER SEATS (EXHIBIT A)

Ford MY2025 E350 Chassis with Star Trans Senator II Body

Key Requisition Approval Date - Last day to have requisitions submitted, approved by ordering agency, and routed for central approval.

Order to Dealer Date - Last day to submit Purchase Orders to the dealer.

Dealer Order Cut Off Date - Last day dealer can submit order to manufacturer.

Price Protection - Model Year 2025 is available at Model Year 2024 contract pricing.