VEH110 RFR_Amended 9.22.21~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Light and Medium-Duty Vehicles

Agency Document Number: VEH110

COMMBUYS Bid#: BD-22-1080-OSD03-SRC3-64637

September 1, 2021 Amended September 2, 2021 Amended September 22, 2021

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case by case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

Revision History

-4.1.2 Delivery Terms -4.7 Ordering and Quotes -4.9.2 Upfit Pricing -4.9.6 Authorized Price Changes

REQUEST FOR RESPONSE VEH110 – Light and Medium-Duty Vehicles

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

REQUEST FOR RESPONSE VEH110 – Light and Medium-Duty Vehicles

Table of Contents Page iv Document Sensitivity Level: High during development; Low once published.

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the VEH110 – Light and Medium-Duty Vehicles Strategic Sourcing Team (SST) are soliciting Bidders that provide light- and medium-duty vehicles up to 26,000 GVWR that travel over public roadways. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace SWC# VEH98 – Purchase of Vehicles. The Contract will also be available for use by other Eligible Entities.

Contractors who provide the base vehicles must also be able to provide finished products for a broad range of application needs by performing in-house upfitting or by working with a variety of upfit partners on a subcontracting basis. Upfitters should not bid on this contract directly.

The Commonwealth shall give preference to Bidders that offer Zero Emission Vehicles (ZEVs) and other technologies within the scope of this Contract that reduce carbon emissions or otherwise contribute to the objectives set forth in Executive Order (EO) 594, Leading by Example: Decarbonizing and Minimizing Environmental Impacts of State Government.

Eligible Entities (aka “Purchasing Entities,” “Buyers,” “Purchasers,” and “Contract Users”) will have the option of making direct purchases from any Contractor who is awarded a contract, provided that the base vehicle is featured in the OSD-approved VEH110 Master Vehicle List. In the event the vehicle being sought is not featured in the VEH110 Master Vehicle List, or if the price of all added options, accessories, and upfitting constitutes 25% or more of the total purchase price, Contract Users must solicit quotes from all vendors that have been awarded the applicable Category of the vehicle being sought.

Only in the circumstance where Contract Users do not receive responses to their requests for quotes from all vendors awarded within a Category, or when the responses provided would not meet the vehicle application requested or are cost prohibitive based on reasonable budgeting practices, may Contract Users solicit quotes from vendors who are awarded contracts from other vehicle Categories. In this case, Contract Users must retain documentation of the original solicitation and resulting responses, if any, and must solicit quotes from all vendors that can conceivably provide the same or brand equal asset to meet the vehicle application.

Contract Users may or may not decide to make awards to the vendor quoting the lowest price. The Commonwealth recommends that Contract Users consider several “Best Value” criteria, including but not necessarily limited to:

· Compliance with specifications

· Fleet compatibility

· Operator ease of use transition

· Dealer location(s)

· Dealer hours of operation

· Delivery lead time

· Cost

· Repair compatibility

· Parts compatibility

All purchases of vehicles on this contract must incorporate the use of the most current version available of the VEH110 Quote Form, which is included as part of this Bid for reference purposes only (i.e., Bidders should not submit this as part of their Bid Response). Contract Users shall enter all relevant information on the form, including the specifications they are seeking, and send to the applicable Contractor(s). This is required whether a direct acquisition is being made through one vendor or if multiple quotes are being solicited. The Contractor(s) will complete the form and return it to the Contract User for consideration. If the Contract User decides to move forward with the purchase, a PO must be submitted to the vendor to include the final version of the VEH110 Quote Form that is agreed to by both parties.

Estimated Procurement Calendar

Use the link below to register:

https://attendee.gotowebinar.com/register/1116786472375121678

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Dates and Times Available:

September 7, 2021 @ 1:00 PM EDT September 23, 2021 @ 1:00 PM EDT October 5, 2021 @ 10:00 AM EDT https://www.mass.gov/doc/vendor-training-schedule/download

Online Webinar:

This interactive webcast provides instructions on several activities: Locating and responding to bids; Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Late bids will not be considered.

*See Appendix 2, "Training for Vendors Responding to Bids On COMMBUYS" for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/doc/vendor-training-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidder’s access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q & A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the bidder to check the Bid record in COMMBUYS for revisions and updates.

Bidders Conference The Bidders Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Attendance is optional. Please refer to the Bidders Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time, and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

Debriefing The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

Additional Bid Information Anticipated Contract Duration The initial term of this Contract is three (3) years. In addition, this Contract has one (1) option to renew of up to two (2) years with a maximum possible contract duration of five (5) years.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $31 Million annually. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for Fiscal Years 2019 and 2020.

Estimated Number of Awards The SST anticipates making a different number of awards based on the individual Categories being solicited for this Contract. See Section 2.1 for more information. The SST may award more or fewer contracts if it is in the best interests of the Commonwealth to do so. Bidders may be awarded some or all the Categories or vehicles they propose.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory Contractor performance, compliance with reporting requirements, and adequate sales volume.

Adding Contractors after initial Contract Award If, over the life of the Contract, the SST determines that additional Contractors should be added to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

Acquisition Method(s):

Entities Eligible to Use the Resulting Contract Any Contract(s) resulting from this Bid will be open for use by the following entities:

· Cities, towns, districts, counties and other political subdivisions;

· Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

· Non-profit organizations that are doing business with the Commonwealth;

· Other states and territories with no prior approval by the State Purchasing Agent; and

· Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

Categories The following categories are intended to be mutually exclusive. Bidders who wish to offer any type of vehicle reflected below must bid on that category. Bidders may choose to bid on anywhere from one to all categories.

Category 1: Sedans All vehicles in this Category must be hybrid electric (HEV), plug-in hybrid (PHEV), battery electric (BEV), or fuel cell electric (FCEV). The estimated number of awards for this Category is five.

Category 2: Minivans All vehicles in this Category must be hybrid (HEV), plug-in hybrid (PHEV), battery electric (BEV), or fuel cell electric (FCEV) and must accommodate six to eight passengers. Wheelchair accessible vans are excluded from this category as they are to be reflected in Category 12. The estimated number of awards for this Category is three.

Category 3: Sport Utility Vehicles (SUVs) All vehicles in this Category must be hybrid electric (HEV), plug-in hybrid (PHEV), battery electric (BEV), or fuel cell electric (FCEV). Wheelchair accessible SUVs are excluded from this category as they are to be reflected in Category 12. The estimated number of awards for this Category is six.

Category 4: Light-Duty Trucks All vehicles in this Category must have a GVWR no greater than 10,000 lbs. The estimated number of awards for this Category is five.

Category 5: Medium-Duty Trucks All vehicles in this Category must have a GVWR between 10,001 and 26,000 lbs. The estimated number of awards for this Category is five.

Category 6: Large Passenger Vans All vehicles in this Category must accommodate 9-15 passengers. Wheelchair accessible vans are excluded from this category as they are to be reflected in Category 12. The estimated number of awards for this Category is three.

Category 7: Cutaway Buses and Vans All vehicles in this Category must accommodate 16 or more passengers. Note that vehicles proposed in this Category must also be under 26,001 GVWR (like every vehicle being sought for this Contract). Buses and vans primarily designed for wheelchair accessibility are excluded from this category as they are to be reflected in Category 12. The estimated number of awards for this Category is three.

Category 8: Cargo Vans All vehicles in this Category must have a minimum of 70 cubic feet of cargo capacity. The estimated number of awards for this Category is three.

Category 9: Police Pursuit Vehicles (PPVs) All vehicles in this Category must be specially designed and equipped for law enforcement activities, including use during high-speed pursuits, which have been rated such by the L.A. County Sheriff's office or Michigan State Police. The estimated number of awards for this Category is two.

Category 10: Special Service Vehicles (SSVs) All vehicles in this Category must be specially designed and equipped for non-high-speed pursuit law enforcement activities. The estimated number of awards for this Category is two.

Category 11: School Buses and 7D Vehicles All vehicles in this Category must reflect “traditional” school buses or 7D vehicles that follow all federal and state regulations related to the transportation of pupils. Vehicles that are primarily designed for wheelchair accessibility are excluded from this category as they are to be reflected in Category 12. The estimated number of awards for this Category is three.

Category 12: Wheelchair Accessible Vehicles All vehicles in this Category must be capable of accommodating one or more passengers seated in a wheelchair and must meet all federal and state regulations pertaining to the intended use of the vehicle. The estimated number of awards for this Category is two.

Procurement Exclusions This contract is for vehicles which travel over public roadways and is not intended for assets used in construction, warehousing, lawns, or grounds operations. Bicycles, motorcycles, ATVs, and all other vehicles not possessing at least four wheels are not within the scope of this contract. Additionally, heavy-duty vehicles over 26,000 Gross Vehicle Weight (GVW) and road maintenance and construction equipment are to be reflected in VEH111 – Heavy-Duty Vehicles, Road Maintenance and Construction Equipment, not here.

The following statewide contracts have related assets outside the scope of this contract and are included below for reference:

Lawns and Grounds Equipment, Parts and Services – FAC116 Heavy Duty Vehicles – VEH93 Heavy-Duty Vehicles, Road Maintenance and Construction Equipment – VEH111 (successor to VEH93) Landscaping and Parks and Recreation Equipment – FAC104 Landscaping and Related Services – FAC103 Building and Facilities Maintenance Equipment – FAC100 & FAC101 Equipment Rental – FAC112 Bidder Qualifications Company experience Bidders must meet all the qualifications stated within this RFR and must be an authorized dealer and warranty-related service provider of any of the OEMs/manufacturers they propose to offer in their bid.

Business background Bidders must have been in the business of providing the vehicles solicited for this contract for at least the three most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than three years prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

An exception to this is allowed for Bidders who exclusively offer Zero Emission Vehicles (ZEVs) in which case, a minimum of one year, rather than three, applies with all other considerations referenced above.

Preference will be given to Bidders with more than three consecutive years of government or commercial fleet sales and service experience. Bidders providing evidence of industry awards, such as for service, quality, innovation, etc., will receive additional consideration during the award evaluation process.

Additionally, Bidders and their employees, as well as all subcontractors they do business with that contribute to the goods and services on this contract, are expected to have relevant industry experience. All personnel assigned to the Commonwealth account must be knowledgeable of the contractual requirements and respond to the Commonwealth’s and Contract Users inquires within two business days.

Bidder’s staff and the staff of Bidder’s subcontractors and company affiliates must be properly trained and educated consistent with industry standards for all the goods and services included in the Bid. Written evidence of Bidder’s training and education programs for its salespersons, mechanics, and technicians, including those of its subcontractors, is required at the request of the SST. Examples of written evidence include, but are not limited to, staff automotive-related certifications, continuing education classes, and any other documentation showing proof of training and education.

The Bidder must possess the proper tools and equipment to provide warranty-related service for all vehicles proposed in the Bid.

Disclosure of Subcontractors and Company Affiliations Bidders must provide information of all subcontractors and company affiliates, including business partners, upfitters, and any other entity that will provide goods and services for this Contract. Bidders must disclose the following in the Upfit Information tab within the “VEH110 Vehicle Offerings Form”:

· The legal business name, address, contact name, telephone number, email address of each upfitter

· A complete description of the Contract goods and services that will be performed or provided by the subcontractor; and the OEMs/brands of equipment offered Awarded Contractors must: (a) be the primary point of contact regarding all contractual matters, including payment and charges for all goods and services; (b) make all payments to the subcontractor; and (c) incorporate the terms and conditions contained in the contract in any subcontract with a subcontractor.

Contract Users may have discussions with the subcontractor as questions arise; however, the awarded Contractor must be included in all discussions to ensure agreement between the parties. The awarded Contractor, not the subcontractor, is accountable and responsible for all aspects of the acquisition from start to finish.

The Commonwealth, in its sole discretion, may require the replacement of any subcontractor. Any change in subcontractors must be approved by the Commonwealth prior to such change.

A list of Contractor’s subcontractor and other company affiliate names will be posted in COMMBUYS for Contract Users’ reference.

Employee and/or business technical/business experience, certifications, licenses Bidders must submit a current “Class 1” Dealer license, per M.G.L. Chapter 140 Section 58 as well as licenses that cover the three most recent consecutive years prior to the close date of this solicitation.

An exception to this may be allowed at the discretion of the SST for Bidders who exclusively offer Zero Emission Vehicles (ZEVs). In this case, a current “Class 1” Dealer license that has been valid for the duration of at least one year from the date of this RFR posting or the current and most recent license reflecting a full year in business must be submitted.

Bidders must also provide current Licensed Franchised Automotive Dealer Authorization Letters from the OEM(s), signed by an OEM Authorized Signatory, for all vehicle makes in the Bid.

Bidders from other New England and surrounding states are encouraged to bid; however, they must provide the equivalent to M.G.L. Chapter 140 Section 58 “Class 1” Dealer license, and license history as applicable, from their home state and/or municipality. The burden is on the Bidder to provide the proof.

Financial stability including Certificate of Good Standing, bankruptcy, litigation, and contract defaults Bidders must disclose any instances of declared bankruptcy, contract defaults or litigation, whether pending or settled.

Bidders must also submit a Certificate of Good Standing provided by the Commonwealth of Massachusetts’s Department of Revenue (DOR) confirming their tax compliance. Out of state bidders must produce their states’ equivalent document.

References and reference information and/or requirements References are part of the evaluation process to determine qualified Bidders.

The Bidder must provide three commercial or governmental client references that are deemed as positive by the SST.

Reference letters shall be submitted on the client’s letterhead with the Bidder’s response. The reference letters shall include the name, address, contact person, telephone number, email address, months and years of service, volume of sales, and a brief narrative describing the business relationship and overall satisfaction with the Bidder. References must be for clients or customers to whom goods and services were provided within five years prior to the RFR Bid Opening Date. Client references should demonstrate the Bidder’s ability to perform a project of similar size, nature, and complexity as described in this RFR. The SST may contact any reference for clarification or further questions as needed, and it is the Bidder’s responsibility to facilitate their responsiveness if needed or provide a substitute reference.

References may not include members of the SST for this contract.

COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

Commodity Specifications All vehicles sold on this contract must be less than 26,001 Gross Vehicle Weight Rating (GVWR) and designed to travel over public roadways. The SST shall make the final determination as to whether a particular vehicle meets the definition and intended scope of this contract.

All vehicles sold on this contract must be new (i.e., not being driven or operated more than the limited use necessary in moving or road testing prior to delivery to a consumer) and the most current model year at the time of Purchase Order. Older model year vehicles may not be sold on this contract unless part of a dealer stock purchase (see Section 4.7.1). If a newer model year becomes available between the time the Quote was issued by the Contractor and the Purchase Order was issued by the Contract User, the Contractor must provide the newer model year at no additional cost, provided that the Purchase Order was issued on or before the “Order By Date” reflected in the VEH110 Quote Form.

All vehicles must be equipped in compliance with all applicable Federal motor vehicle safety standards and regulations and must be equipped to comply with all requirements of the Massachusetts Motor Vehicle Code at the time of Purchase Order. Additionally, all vehicles sold on this contract must meet the current federal and state emissions regulations at the time of Purchase Order.

The work executed of all upfit equipment should be of high quality. Deficiencies in finish, wiring, plumbing, mounting, etc. shall be grounds for rejection of delivery until deemed correct by purchaser.

All wiring and plumbing, including but not limited to air, hydraulic, and other liquids, must be sealed and jacketed and of appropriate gauge with sealed connections. Wiring must be run, supported, and attached, as not to unnecessarily wear, rub, or chafe. Plumbing must be run with support / attachments so as not to rub, wear, or chafe, and be appropriate PSI for fluid being carried.

Eligible brands and models The Commonwealth seeks to provide light- and medium-duty vehicles that meet the functional work requirements for its Contract Users. Preference shall be given to Zero Emission Vehicles (ZEVs) and other vehicles with reduced-carbon emissions over conventionally fueled vehicles.

Examples of light- and medium-duty vehicle OEMs include but are not necessarily limited to: BlueBird, Chevrolet, Chrysler, Dodge, Ford, Honda, Hyundai, Jeep, Kia, Mitsubishi, Nissan, RAM, Rivian, Subaru, Tesla, Toyota, and Zenith.

Any reference to a particular trademark, trade name, patent, design, type, specification, producer, or supplier is not intended to restrict this Bid to any OEM or proprietor or to constitute an endorsement of any commodity or service.

The Commonwealth may conduct a site inspection of the main place of business of any Bidder and/or the Bidder’s subcontractors prior to award, during a Contract Renewal and/or during the Contract term.

Contractors are expected to make available all assets from the OEM(s) they are submitting that feature zero- or low-carbon technologies (e.g., battery electric, plug-in hybrid electric, and hybrid electric) as part of their Bid and at the proposed pricing structure in the Bidder Response Form, provided they meet the scope and intent of this contract.

Contractors are permitted to sell any iteration of a base vehicle they have been awarded, provided that the price reflects a value no higher than the cost-plus percentage quoted in the Bid and it meets all other aspects of the Contract. Base vehicles are defined at the level of Make, Model, and Engine Designation.

Contractors may propose other base vehicles they wish to offer during the term of the Contract provided that: a) it conforms to one of the Categories they were awarded for this Contract; b) are submitted no later than 30 days prior to when vehicles shall be displayed to Contract Users and available to purchase; c) the price reflects a value no higher than the cost-plus percentage quoted in the Bid and it meets all other aspects of the Contract. In these cases, Contractors may be required to remove one of their other vehicle listings as a contingency of awarding the newly proposed vehicle(s). Additionally, The Commonwealth may invite other awarded Contractors to offer the same or similar vehicles before deciding whether to include the additional vehicle on the VEH110 Master Vehicle List (see Section 4.9.3). This option is exercised at the sole discretion of the OSD Contract Manager, and the proposed addition may be accepted on its own, accepted in conjunction with other vehicles from other Contractors who offered the same or similar vehicles, or rejected altogether. In cases of rejection, other vehicles proposed by other Contractors may be added to the VEH110 Master Vehicle List (e.g., if a solicitation was executed) or may be rejected along with the original vehicle proposed for addition. The OSD Contract Manger may ask Contractors to add certain vehicles during the term of the Contract if they conform to the Category(ies) they have been awarded.

Delivery Terms Delivery from Contractor to Contract User is FOB to any location in mainland Massachusetts. Delivery to the islands in the Commonwealth and to all other locations must be negotiated with the Purchasing Entity before placing the final order and the added cost must be documented in the VEH110 Quote Form.

The Contractor is responsible for the physical custody of a new vehicle from the time it is delivered by the OEM or dealer to the upfitter or delivering dealership until it is ultimately signed for by the Purchasing Entity.

The Contractor must provide pre-notification of delivery to the Purchasing Entity at least five business days prior to delivery.

The Contractor is responsible for the delivery and off-loading of assets and all shipping charges that may be incurred. Discrepancies between the purchase order, the quote, or any other documentation pertaining to the order must be remedied by the Contractor.

Vehicles that are not in new condition and free from defects upon receipt shall have the necessary corrective action taken to rectify the issue or be replaced promptly by the Contractor. Any faulty part must be replaced by the Contractor or its subcontractor at no additional cost. Official delivery receipts or slips are required; hand-written delivery confirmations will not be accepted. All delivered assets shall include the following, unless waived by the Contract User or as otherwise outlined below:

· All aftermarket, upfit, add-on accessories identified in the purchase order, including additional sets of operating keys, as applicable

· Valid Commonwealth inspection sticker

· Original vehicle registration, executed by the Contractor

· All sets of keys that come standard with the asset and equipment being purchased as well as any additional sets requested by the Contract User

· Commonwealth license plates (front and back)

· Fuel level at full, regardless of fuel type, and all applicable fluids at full

· OEM warranty information, including extended warranty options if acquired by the Purchasing Entity

· Subcontractor/Upfitter warranty information

· Owner’s Manual(s) for vehicle - one in printed or “hard copy” format and additional electronic versions as requested by the Purchasing Entity at no additional charge. It is preferred that electronic versions are in a physical format such as a USB drive or disk rather than web based.

· Where applicable, Owner’s Manual(s) for all add-on accessories and upfit equipment - one in printed or “hard copy” format and additional electronic versions as requested by the Purchasing Entity at no additional charge. It is preferred that electronic versions are in a physical format such as a USB drive or disk rather than web based.

· Full maintenance and repair manuals for unit and all attachments and accessories in printed or electronic format such as a USB drive, as requested by the Contract User. Information must include, but is not necessarily limited to, specifications, diagnosis/troubleshooting, diagrams for applicable wiring, air, plumbing, and hydraulics.

The vehicle must arrive to final delivery destination in new condition, without defects, and be ready for immediate use in accordance with the OEM or dealer’s pre-delivery service. Vehicles that are delivered to the Contract User with over 500 miles shall have $1.50 for each mile in excess of 500 deducted from the quoted price, and vehicles may not be delivered in excess of 1,000 miles. Contract Users may waive this requirement on a case-by-case basis by having the exception clearly documented in the VEH110 Quote Form (e.g., vehicle shall be delivered with no more than 1,500 miles and the $1.50 per mile charge will not take effect until 1,300 miles).

The chassis window sticker or line sheet, if factory ordered, must contain the details of the factory options.

No Contractor identification may be on the delivered vehicle.

All fluids, including the chassis crankcase, differential, and transmission shall be filled to the OEM’s recommended capacity.

Each unit shall be accompanied by a Pre-delivery Inspection document (PDI) that is filled out properly, completely, and legibly by the specific staff member that performed the inspection. This document must be re-checked and signed off on by the vendor’s Contract Manager or other member of management. The PDI, if needed or otherwise requested by the Contract User, shall have a document provided for each unit and each accessory purchased (e.g., the cab and chassis, the plow, the sander, etc.). The Contractor is responsible for producing this document unless otherwise specified by the Contract User.

Prior to delivery, the Contract User shall be given an opportunity to inspect each unit with all accessories, attachments, and equipment, if requested. This should take place at an agreed upon point by the Contractor and Contract User and may include multiple inspections during any upfit process. It shall be the responsibility of the Contractor to notify the Contract User, prior to final assembly, who shall be given a reasonable amount of notice to perform this inspection prior to delivery.

Contractor shall secure a signed receipt from the authorized representative of the Contract User certifying delivery of the asset. Authorized representatives of the Contract User will inspect the asset for work quality, appearance, and proper functioning of equipment (where applicable). This may occur at the time of delivery or, in the case of deliveries made to the Office of Vehicle Management’s (OVM’s) common delivery lot for most Executive Department purchases, after the end-user has taken receipt of the vehicle. The Contractor will have five business days from the time of inspection to correct any deficiencies unless an extension is provided in writing by the Contract User. The Contract User may withhold payment if deficiencies are not corrected within the agreed time frame.

The asset must be re-inspected prior to acceptance. The Contract User may choose to reject the asset if it fails the second inspection. The Contractor is responsible for picking up and returning a rejected asset for repair and other corrective action.

In the event deficiencies are found after delivery and a properly signed receipt is not available, the Contractor will be responsible for correcting deficiencies as stated above. Invoices shall not be produced and become payable until the Contract User accepts the asset unless otherwise requested by the Contract User.

Deliveries for most Executive Branch Agencies must be coordinated with the Office of Vehicle Management (OVM). The typical OVM lot hours are Monday through Friday, excluding Commonwealth and local Holidays, between 8:30 a.m. and 3:30 p.m.

Under no circumstances shall the number of delivered assets exceed the total units shown on the purchase order. Additional units will be rejected and returned immediately at the Contractor’s cost. The Commonwealth may investigate the problem for corrective action.

Late or Missed Delivery The Contractor is responsible for notifying the Contract Users of any delays in delivery as defined in Section 4.7 Ordering and Quotes.

Contractor must understand and accommodate situations where the Contract Users’ ability to pay for the vehicle may be impacted in cases where the delivery dates have changed drastically from the estimated original date, particularly in cases where the delay may cause the vehicle to be delivered in a different fiscal year than expected as part of the original quote. If the OEM or dealer shipment or any part of the aftermarket or upfit is delayed, the Contractor is required to notify the Contract User in writing within two business days of receiving notice from the OEM, dealer, or subcontractor. This notification must include the reasons for the delay and the new expected delivery date to the Contract User.

If the vehicle becomes unavailable or cannot be supplied for any reason, a replacement of equal value and functionality must be supplied. If a substitute is not available or acceptable, a similar asset from the next model year will be supplied at the same price or the Contract User may cancel the order altogether.

Contractors are responsible for delays and damages resulting from their subcontractors.

Damages If a Contractor is consistently unwilling or unable to deliver assets on time, the Commonwealth reserves the right to reassign the asset(s) or open the Contract to obtain additional Bids. Any Contractor who consistently fails to maintain adequate delivery schedules may be terminated from the Contract.

A grace period of 30 calendar days shall be extended to the Contractor prior to the assessment of damages. If the actual delivery date extends beyond 30 days of the last-communicated delivery date, Contract User may choose to cancel the order and purchase the vehicle from other sources. The Contractor will reimburse the Contract User for all excess costs over the Contract price.

Contract Users are advised to order vehicles well in advance of the end of their fiscal year to avoid cases where they do not have funding for the asset in the following fiscal year.

Contract User Compensation Option If a vehicle is delayed or defaulted, providing such delay or default is the Contractor’s fault and proper communications regarding the delay or default are insufficient, the Contract User shall have the option to assess against the Contractor damages as follows, after the 30-day grace period:

1. Five dollars per day per asset up to 25 percent of the total purchase order; and

2. Other losses, detriments, and inconveniences resulting from the delay.

If enacted, the compensation amount shall be deducted for each asset delivered in the purchase order unless otherwise agreed to.

Dealer Stock Purchases While the primary intent of this Contract is to acquire vehicles through “factory orders” placed by the Contractor to the OEM to secure the exact options and best pricing possible, Contract Users may acquire vehicles directly from the Contractor’s onsite inventory. Unless in cases where the vehicles are upfit or otherwise customized at the Bidder’s facility to produce the final products (e.g., Wheelchair Accessible Vehicles), this type of acquisition is intended to be exceptional and for circumstances when factory ordering does not satisfy an imminent need that could not have reasonably been anticipated. Pricing for Dealer Stock Purchases is defined in Section 4.9.1 Vehicle Pricing.

Service Specifications Bidders must be capable of providing necessary warranty-related repairs when such situations arise. These services may be provided directly through the Bidder’s dealership, in-state dealer partners, and/or through the OEM dealer network.

Service that does not fall under standard or extended warranty options elected at the time of Purchase Order is not permitted on this Contract.

Training When requested by the Contract User, the Contractor and/or its subcontractors must provide a comprehensive orientation training at delivery or at an alternate time agreed to by the Contract User using the exact asset that was purchased (i.e., Contractor may not use an alternative or “demo” to perform training). The training must consist of up to four hours of training for operators and technicians. Technical training shall include, but not be limited to, key safety and maintenance points, as well as basic operation to assist in the diagnosis of problems. Operator training shall include, but not be limited to, basic familiarization with safety items, routine required checks and overview of all functions. Contract Users may waive training at their sole discretion.

All asset, aftermarket, or upfit add-on accessories must include official OEM or subcontractor operating manuals and instructions. OEM refers to both the asset and aftermarket, upfitted accessories manufacturers.

Warranties Length of warranty Contractors must include information regarding all OEM warranties, any additional costs, discounts, or benefits associated with any warranties prior to purchase by the Contract User. Bidders must provide the standard warranty details for each manufacturer being bid in the Warranty Information tab within the VEH110 Vehicle Offerings Form. Bidders shall submit the manufacturer’s standard warranty information upon delivery to the Contract User and shall include warranties from upfitters for any installed equipment. Standard warranties, include, but are not limited to:

Contractors shall provide a minimum one-year warranty on all parts and labor for any service necessary to restore the base vehicle or any component of upfit and/or aftermarket work. All costs shall be borne by the Contractor.

Warranty types Contractors may offer extended warranties; however, only those that are offered through the OEM and that are fully transferrable may be purchased on this Contract. Third party warranties are not permitted.

Warranty process and coverage Contractors shall stipulate all limitations of warranty availability relating to vehicles, equipment service, parts, accessories, supplies, delivery, etc. which are known, should have been known, or are later made known to the Contractor prior to a Purchase Order being submitted by the Contract User. The Contractor must notify any changes in warranty parameters to the Commonwealth’s Contract Manager throughout the life of the Contract.

All warranties must be transferrable and must not take effect until the delivery date of the asset to the Contract User or the date the vehicle is registered (in the event the Contract User waives the requirement to have the Contractor do this prior to delivery), whichever is later.

Contractor must: (a) perform the Contract activities in a timely, professional, safe, and high-quality manner consistent with standards in the trade, profession, or industry; (b) meet or exceed the performance and operational standards, and specifications of the Contract; (c) provide all Contract activities in good quality, with no material defects.

All Contractor products, installation, and services shall not void any original OEM Manufacturer warranties of the vehicle. Vendors shall produce evidence of original OEM Manufacturer warranty protection as requested.