Trolley Bid.rtf

BUSES, TRANSIT BID INSTRUCTIONS

MAINE DEPARTMENT OF TRANSPORTATION

MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

DIVISION OF PURCHASES

4TH FLOOR BURTON M. CROSS BUILDING

#9 STATE HOUSE STATION

111 SEWALL STREET

AUGUSTA, ME 04333-0009

INVITATION TO BID

BID # RFQ - 17A- 09052100000000000853

Submit bid response specifications in a sealed envelope to above address

Envelope with specifications and enclosed documents (certifications) should be plainly marked on the outside with the Bid Number RFQ -09052100000000000853. SPECIFICATIONS SHOULD BE SUBMITTED WITH AN ORIGINAL AND ONE COPY AND MUST BE RECEIVED BY CLOSING OF BID DATE & TIME.

******PRICING IS TO BE SUBMITTED ELECTRONICALLY ON THE INTERNET BASED ADVANTAGE ME SYSTEM *******

BIDS ARE INVITED BY THE MAINE DEPARTMENT OF TRANSPORTATION IN CONJUCTION WITH THE MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES, BUREAU OF GENERAL SERVICES, DIVISION OF PURCHASES FOR THE FOLLOWING:

QTY: 6. EACH

DESCRIPTION: GAS POWERED ACCESSIBLE TROLLEY SEATING: THIRTY-ONE AMBULATORY PASSENGERS OR TWENTY-SEVEN AND TWO WHEELCHAIRS

NOTE: THERE WILL BE NO PUBLIC BID OPENING

11/07 revised

1.0 GENERAL REQUIREMENTS

The following requirements and conditions shall be considered an essential part of the specifications and proposal.

Quotations are requested for the above listed items to be purchased by the Maine Department of Transportation. Purchase of these vehicles is subject to a Financial Assistance Agreement between the Maine Department of Transportation and the U.S. Department of Transportation, Federal Transit Administration.

BID PRICING MUST BE SUBMITTED ELECTRONICALLY ON THE INTERNET BASED ADVANTAGE ME SYSTEM. Specifications are attached to the electronic quote document. Bid prices must remain in effect for a period of …1 year… after the bid closing date, during which time additional 6 units may be ordered at the quoted price. The only exception to bidder not holding price for the additional units would be if same model year chassis, as bid, is not available and the new model year chassis price increases.

All vehicles bid must conform to the final approved specifications and all Federal and State laws, regulations and standards. Where these specifications and Federal and/or State laws conflict, the requirements of the Federal and/or State laws shall prevail.

APPLICABLE REGULATIONS: SEE CERTIFICATIONS REQUIRED

Vehicle and component parts must be of the highest quality and workmanship available in the various trades and of substantial, durable, and safe construction. In all cases materials and construction of the vehicle must be furnished as specified but when brand names are used in the specifications, the term “approved equal” is implied and will be considered.

No advantage shall be taken by the vehicle manufacturer or bidder in the omission of parts or details required to make the vehicle complete and ready for service even though such parts or details may not be mentioned in these specifications. All units or parts not herein contained or specified shall be manufacturer’s standard. All parts shall be new. In no case will used, reconditioned, or obsolete parts be accepted. Insofar as possible, parts and equipment in any one vehicle shall be a duplicate in manufacture, design and construction and shall be interchangeable with parts and equipment in any other vehicle in the proposal.

The bidder shall furnish descriptive literature for the vehicle(s) being bid. This material shall be mailed along with completed documents (certifications).

The price quoted in any proposal shall include all items of labor, material, tools, equipment, delivery and other costs necessary to fully complete the delivery of vehicles pursuant to these specifications.

The Division of Purchases/Maine Department of Transportation reserves the right to accept any bid or reject any or all bids for any reason, including the following reasons:

Bids which take exception to the specifications without approval pursuant to (Section 3.9 Specification Certification) of the Invitation to Bid.

High lifecycle operating and maintenance costs based on evaluation of vehicle performance and warranty data pursuant to (Section 3.4 Certification Vehicle Performance & Warranty Data) of the Invitation to Bid.

Bids considered not responsive due to lack of required certificates and information required in (Section 3.0 Certifications) of the Invitation to Bid.

The Division of Purchases/Maine Department of Transportation reserves the right to award the Contract to the lowest responsible bidder, best value consideration, and however is in the best interest of the State.

The State of Maine and Me. Dept. of Transportation reserves the right to evaluate specifications and alternates and determine equivalency.

Bidder shall submit the earliest possible delivery date with his bid.

Earlier delivery dates will be given consideration during the bid selection process. In addition, penalties may be assessed for late delivery. (see 1.11 for penalty fees)

The successful bidder must agree to save, keep, hold harmless and fully indemnify the State of Maine and any of its officers, agents or representatives from all damages, costs or expenses in law of equity, that may at any time arise or to be set up for any infringement of the patent rights of any person or persons in consequence of the use by the Maine Department of Transportation by any of its officers, agents, or representatives of articles supplied under the contract, arising from bids submitted and of which the Contractor is not lawfully entitled to sell provided the Maine Department of Transportation gives the Contractor prompt notice in writing of any suit and all information necessary to defend same.

DELIVERY REQUIREMENT:

3/ea for York County Community Action Corp in Sanford, ME 04073. The completed vehicles shall be delivered to the procuring agency at a location determined by the Maine Department of Transportation and the end user agencies. For bid purposes, the bidder should include costs associated with delivering vehicles to agency’s locations as specified above.

In the event delivery of vehicles under a contract shall be necessarily delayed because of strike, injunctions, government controls, or by reason of any other cause or circumstance beyond their control, or by reason of any other cause or circumstance beyond the control of the Contractor, the time of delivery shall be extended by a number of days to be determined in each instance by mutual agreement between the Division of Purchases, the Maine Department of Transportation and the Contractor.

***Contractor will be informed in writing as to the mutually agreed upon revised delivery date and schedule. In the event that the Contractor fails to deliver the vehicle by the revised delivery date, the State of Maine reserves the right to assess a penalty of $ 100.00 per day thereafter until the equipment is received. Penalty charge will be deducted from Invoice.

1.12 INSPECTIONS:

PRE-DELIVERY INSPECTION (FACTORY INSPECTION) : SEE 1.0 GENERAL TECHNICAL SPECIFICATION: 1.8 INSPECTIONS

FINAL INSPECTION: The completed vehicles shall be inspected by the Maine Department of Transportation, Passenger Transportation Services for compliance with all State and Federal Regulations and for compliance with the bid specifications and addendum. Location of inspection shall be determined by the Maine Department of Transportation, Passenger Transportation Services and the end user agencies. Delivery to the end user shall be the responsibility of the successful bidder.

1.13 TRAINING:

It is requested that training for both maintenance and operation on bid vehicles will be supplied by manufacturer and company and be given at a location(s) chosen by Maine Department of Transportation, Passenger Transportation Services at the time vehicles are delivered. All training costs will be included in bid price and bidder must include the training agenda and detailed description of the maintenance & operation training.

1.14 REQUEST FOR “APPROVED EQUAL” PROCEDURES

The Division of Purchases reserves the right to postpone bid openings for its own convenience.

Changes to the specifications will be made by amendment and posted electronically (Advantage ME) Prime contractors and subcontractors may make appointments to discuss these specifications. This, however, does not relieve them from the written, documented request required by paragraph (e) below.

PRE-BIDDERS CONFERENCE: NOT REQUIRED FOR THIS BID.

Requests for “approved equals” to specifications and protests of specifications must be submitted in writing to, and received by the Division of Purchases no later than 2 weeks from issue of bid (6/4/09). Any request for “approved equal” or protest of specifications must be fully supported with technical data, test results, or other pertinent evidence that the proposed substitute is equal to or better than the specification requirement. In addition, any test requirements in the specifications pertaining to an item under consideration for “approved equal” must be submitted with the request for “approved equal”.

Maine DOT-Passenger Transportation Services replies to requests for “approved equals” under paragraph (e) will be processed through the Division of Purchases and will be posted as a file attached to the quote on the Advantage ME electronic bid document at least (14) days prior to bid closing.

Within 30 days after awarding a contract, the Maine Department of Transportation, in conjunction with the Division of Purchases, will finalize all specification details not clarified during the approved equal period. Details not clarified shall be of manufacturer’s standard. The Maine Department of Transportation/Division of Purchases reserves the right to alter the specification after the 30- day period pursuant to negotiation with the contractor. Any contract for vehicles pursuant to these specifications will be subject to the applicable terms and conditions of the Maine Department of Transportation’s financial assistance Agreement with the U.S. Department of Transportation. This Invitation to Bid is issued contingent upon the approval of the Maine Department of Transportation’s review and approval of bid documents. Bids will be received and reviewed, but an award will not be made until all required approvals are obtained from the U.S. Department of Transportation, Federal Transit Administration. Subsequent to an award, the successful bidder may, upon request, be provided copies of the USDOT/MDOT financial assistance agreement.

1.15 CONTRACT TERMINATION

a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs.

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

1.16 PAYMENT TERMS

Terms of payment shall be thirty (30) days net after acceptance of each vehicle pursuant to these specifications. Invoices will be furnished with, or prior to, delivery of each vehicle. Placing a vehicle in service, except to test and inspect it, will constitute acceptance for payment. If a vehicle is unacceptable, the Department of Transportation will notify concerned parties within 15 days after delivery. A letter of non-acceptance will furnish details of deficiencies.

1.17 TAX EXEMPTION

The Division of Purchases and the Maine Department of Transportation are exempt from payment of Federal, State and local taxes. Proposal prices should not include taxes. The Division of Purchases will furnish necessary exemption certificates upon request. Any fuel or other surcharge, sales tax, use tax, imports, revenues, excise, or other taxes which are now, or which may hereafter be imposed by Congress, the State of Maine, or any other political subdivision thereof and applicable to the sale of vehicles as a result of the bidder’s proposal, and which, by terms of the tax law, may be passed directly to the State of Maine, will be paid by the State of Maine.

2.0 FEDERAL REQUIREMENTS

2.1 INSPECTION-FEDERAL

The U.S. Department of Transportation, Federal Transit Administration and/or representatives of the MaineDOT shall have the right and be at liberty to inspect, with the cooperation of the Contractor, materials and workmanship of proposed vehicles and shall have the right to reject materials and workmanship which do not conform to the specifications. Inspections, if any, shall take place during normal business hours. Whether or not inspection is made, the Contractor shall not be relieved of any obligation to furnish material and workmanship strictly in accordance with specifications.

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, disability, or sexual preference. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, age, or sexual preference. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

Contract Work Hours and Safety Standards (If Applicable)

To the extent applicable any procurement may be covered by The Contract Work Hours and Safety Standards Act as codified at 40 USC 3701, 40 USC 3701(b)(1)(B)(iii) and (b)(2), 40 USC 3701(b)(3) (A)(iii),29 CFR 5.5(b), 29 CFR 5.5(c), 29 CFR 5.2(h), and 49 CFR 18.36(i)(6), Maine DOT will include this clause in said procurements with the following language.

(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

2.3 FLY AMERICA REQUIREMENTS:

The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

2.4 CARGO PREFERENCE - USE OF UNITED STATES-FLAG VESSELS:

The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

2.5 PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS:

The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:

(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications.

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.

2.6 CLEAN AIR:

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

2.7 CLEAN WATER:

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

2.8 ENERGY CONSERVATION:

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

2.9 FEDERAL CHANGES:

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

2.10 NO OBLIGATION BY THE FEDERAL GOVERNMENT.:

(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2.11 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS:

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

2.12 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS:

The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions

2.13 SUSPENSION AND DEBARMENT

This contract is a covered transaction for purposes of 49 CFR Part 29, Executive orders 12549 & 12689, and 31 U.S.C 6101.. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal and the certificate of eligibility, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the bidder. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the bidder, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

3.0 CERTIFICATIONS

The following Certifications and information shall be provided by the bidder in conjunction with this Invitation to Bid. FAILURE TO COMPLETE THESE CERTIFICATIONS MAY CAUSE THE BID TO BE REJECTED AS NON-RESPONSIVE.

3.1 Eligibility: Debarment & Suspension

3.2 Non-Collusion Bidding

3.3 Acknowledgement of amendments to the Invitation to Bid and Specifications.

3.4 Vehicle Performance and Warranty Data.

3.5 Safety, Exhaust/Emissions , Noise Standards

3.6 Disadvantaged Business Enterprise/Women Owned Business Enterprise Goals

3.7 Buy America Provision.

3.8 Bus Testing Provision

3.9 Specification Compliance.

3.10 Lobbying Activities.

ALL CERTIFICATIONS MUST BE COMPLETED & SIGNED.

3.1 CERTIFICATE OF ELIGIBILITY

The __________________________________________(Company name) hereby certifies that it:

Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or Agency;

Have not, within a three year period preceding this proposal, been convicted of, nor had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses listed in paragraph (2) of this certification; and

Have not, within a three year period preceding this application, had one or more public transactions (Federal, State, or Local) terminated by default.

The Bidder certifies that if it becomes aware of any later information that contradicts the statements of paragraphs (1) through (4) above, it will promptly inform the State of Maine. Should the Bidder be unable to certify to the statements of paragraphs (1) through (4) above, it shall so acknowledge on its Signature Page and provide a written explanation to the State of Maine.

3.2 NONCOLLUSION BIDDING CERTIFICATION

By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid, each party certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

The prices in this Bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition as to any other matter relating to such prices with any other Bidder or with any other competitor;

Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and, No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition.

3.3 AMENDMENT PAGE

The undersigned acknowledges receipt of the following amendments to the documents (Give number and date of each):

Amendment No. ______________________________Dated_________________

Amendment No. ______________________________Dated_________________

Amendment No. ______________________________Dated_________________

Amendment No. ______________________________Dated_________________

Amendment No. ______________________________Dated_________________

Amendment No. ______________________________Dated_________________

Failure to acknowledge receipt of all amendments may cause the bid to be considered non responsive to the Invitation, which would require rejection of the bid. The outside of the envelope carrying the bid shall also be marked to show amendments received.

3.4 VEHICLE PERFORMANCE AND WARRANTY DATA

The information provided on this form will be used in determining operating costs of the vehicle. Bid must complete this form and submit it with bid. Bids received without this information will be considered non-responsive to the bid. THIS FORM MUST BE REPRODUCED AND COMPLETED FOR EACH CATEGORY OF VEHICLES BID.

1. SUBMISSION OF WARRANTY CLAIMS FOR REIMBURSEMENT OUTLINED AND SUBMITTED WITH THE BID. (written process to follow for reimbursement of warranty claims)

2. VEHICLE INFORMATION:

YEAR____________ VEHICLE MAKE _________________________

VEHICLE MODEL______________________

EPA MILEAGE RATING: CITY__________HWY________

3. MANUFACTURER’S RECOMMENDED PREVENTATIVE MAINTENANCE SCHEDULE MUST BE PROVIDED FOR BOTH CHASSIS AND BODY

4. BASIC VEHICLE WARRANTY DESCRIPTION (YEAR & MILEAGE)

CHASSIS:________________ TRANSMISSION__________________

ENGINE:______________________ BODY*__________________________

AIR CONDITIONING________________LIFT___________________________

OTHERS**_____________________

* To include body structure and body skin/panels. If warranty is different, bidder must list separately.

**Any component provided that is warrantied by the OEM. i.e. rustproofing, seating etc.

5. NAME/LOCATION/TELEPHONE# OF PARTS (BOTH WARRANTY AND SPARE PARTS)

6. NAME/LOCATION OF REPAIR FACILITY(S) (BOTH AUTHORIZED WARRANTY & SERVICE):

A. FACILITY_______________________________

VEHICLE COMPONENT SERVICED___________________

ADDRESS______________________________________________________________

CONTACT NAME______________________________TELEPHONE_________________

B. FACILITY_______________________________

VEHICLE COMPONENT SERVICED___________________

ADDRESS______________________________________________________________

C. FACILITY_______________________________

VEHICLE COMPONENT SERVICED___________________

ADDRESS______________________________________________________________

This form must be reproduced and completed for any additional vehicle warranty/facility information.

3.5 APPLICABLE REGULATIONS: SAFETY, EXHAUST & NOISE STANDARDS

Vehicles must meet all appropriate State and Federal Motor Vehicle Safety Standards, including standards for impact, rollover, brakes, windshield, windows and lights. FMVSS

Vehicles must meet Federal noise and exhaust emission standards.

Vehicle must meet Federal accessibility specifications as published in the Americans with Disabilities Act (ADA) and 49 CFR Parts 27.37 and 38 as they apply to this purchase.

Please certify that vehicle being bid meets all Federal and State Safety Standards, Federal Noise & Exhaust/Emissions Standards, ADA regulations, ALL according to regulations cited above.

3.6 DISADVANTAGED BUSINESS/WOMEN OWNED BUSINESS ENTERPRISE GOALS

The undersigned hereby certifies that its Disadvantaged Business Enterprise/Women Owned Business Enterprise Goals have not been disapproved by the U.S. Department of Transportation Federal Transit Administration pursuant to 49 CFR, Part 23, subpart D, Section 23.67.

TRANSIT VEHICLE MANUFACTURERS (TVM)

Certification of Compliance with Disadvantaged Business Regulations

This procurement is subject to the provisions of 49 CFR Section 23.67. Accordingly, the following certification must be completed and submitted with the bid, as a condition of bidding. A bid which does not include the certification will not be considered.

TVM Certification

The bidder if a transit vehicle manufacturer, hereby certifies that it has complied with the requirements of 49 CFR Section 23.67 by submitting an annual DBE/WBE goal to the Federal Transit Administration (FTA). The goal has either been approved or not disapproved by FTA.

The bidder, if a non-manufacturer supplier, hereby certifies that the manufacturer of the transit vehicle to be supplied has complied with the above referenced requirement of 49 CFR Section 23.67.

3.7 BUY AMERICA:

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. :

Rolling stock must be assembled in the United States and have a 60 percent domestic content.

Certification requirement for procurement of buses, other rolling stock and associated equipment:

Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11.

Date _________________________________________________________________ Signature ____________________________________________________________ Company Name ____________________________________________________________ Title _________________________________________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _______________________________________________________________ Signature ____________________________________________________________ Company Name ________________________________________________________ Title _______________________________________________________________ file_0.wmf

1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle.

2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public.

3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing.

4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components.

CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS

The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665.

The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.

Date: __________________________________ Signature: _______________________________ Company Name: __________________________ Title: ___________________________________

BIDDERS MUST INCLUDE THE ALTOONA TEST REPORT WITH THEIR BID FOR VEHICLE BEING PROPOSED.

3.9 SPECIFICATION COMPLIANCE

The bidder hereby certifies that the vehicle(s) being bid in response to this invitation meet or exceed these specifications and that where a deviation from the specifications exists, the bidder has obtained written approval of those exceptions, in accordance with paragraph (1.14 (e), prior to submitting this bid.

If a conflict exists between these specifications and Federal and/or State laws, the Federal and/or State laws shall prevail and the bidder must alert the purchaser to any such conflicts.

3.10 LOBBYING:

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

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

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of…