Vibratory Reversible Plate Compactor specs_term_conditions.doc

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

BUREAU OF GENERAL SERVICES

DIVISION OF PURCHASES

RFQ # 17D 15102200000000000324

VIBRATORY REVERSIBLE PLATE COMPACTOR

Quotations/Responses Due: 11/23/15 not later than 2:00 p.m. local time

Note: All questions and responses must be provided via the State of Maine’s e-Procurement system: AdvantageME / Vendor Self Service (VSS).

General Instructions on Bidder Questions

It is the responsibility of each Bidder to examine the entire RFQ and to seek clarification by submitting your questions through the Q & A List tab on the Solicitation page. Your answer will appear there as well. It is the vendor's responsibility to log in to view all questions and answers posted there. Questions and Answers obtained any other way will not be valid.

Summary

For this competitive Request for Quotations (RFQ) process, the State of Maine Division of Purchases (“Division”) is acting on behalf of Maine Department of Transportation, Fleet Services (“Requesting Department”). The Division and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services listed above. This document provides instructions and descriptions of requirements for this competitive process.

Description of Requirements

The following is a description of the appendixes made part of this RFQ.

· Appendix A – detailed specifications or requested item(s)

· Appendix B Suspension & Debarment form

· Appendix C economic impact value total if over $100,000 vendor to complete this section if bid is over $100,000.00.

Cost Response

All responses to this RFQ will require a cost quotation response, in a format selected by the State of Maine. That format is described below.

Master Agreement Term – One year from date of award In addition to any mutually agreed upon delivery dates for purchases of goods, the contract resulting from this RFQ will have a term, or “Period of Performance”, during which the contract is considered to be in effect. The anticipated contract term is defined in the table below. Please note that the dates below are estimated and may be adjusted as necessary in order to comply with all procedural requirements associated with this RFQ and the contracting process. The actual contract start date will be established by the completed and approved contract.

Contract Renewal: Following the initial term of the contract, the Division may opt to renew the contract for 3 years with renewal periods of one year each, subject to continued availability of funding and satisfactory delivery/performance.

The term of the anticipated contract, resulting from this RFQ, is defined as follows:

Submitting a Quotation

1. Quotations Due: Quotations must be received no later than 2:00 p.m. local time, on the date listed on the cover of this RFQ. Quotations received after the 2:00 p.m. deadline will not be accepted.

2. Submission Instructions: Bidders must submit their bids in the State of Maine’s electronic procurement system: Advantage “Vendor Self Service” (VSS). More information on this system can be found at the following internet link: http://www.maine.gov/purchases/venbid/rfq.shtml.

3. Multiple Quotations: Unless specifically prohibited in Section 1 of this RFQ, Bidders are permitted to submit multiple quotations for this RFQ, offering alternative items or pricing for the State of Maine to consider in its best value determination.

4. Withdrawal of a Quotation: Bidders are permitted to withdraw their own quotations up until the due date and time for receipt of quotations. To do so, a Bidder must enter the Advantage VSS system (as referenced above), identify and open their submitted quotation, and click the “Withdraw” button found at the bottom of the screen. Quotations cannot be withdrawn after the due date and time for receipt of quotations.

5. Attachments: Any attachments provided with the Advantage VSS bid submission must be in MS Word, MS Excel, or Adobe (.pdf) format, unless otherwise specified in Section 1 of this RFQ.

6. Vendor specifications: Unless otherwise stated in this RFQ document, limited specification information will be required upon submission of a bid in response to this RFQ. It will otherwise be assumed that the Bidder’s response complies with all requirements of this RFQ, unless the Bidder specifically addresses how its bid differs from the specifications, and why the differences should be deemed acceptable by the State.

General Instructions

1. The Bidder must submit a cost quotation response that covers the goods and term of the contract, including any optional renewal.

2. The cost quotation shall include the costs necessary for the Bidder to fully comply with the contract terms and conditions and RFQ requirements.

3. Failure to provide the requested information may result in the exclusion of the quotation from consideration, at the discretion of the Division.

4. No costs related to the preparation of the quotation for this RFQ or to the negotiation of the contract with the Department may be included in the quotation.

5. The State is exempt from the payment of Federal Taxes on articles not for resale. Please provide quotations that do not include these taxes. Upon application, an exemption certificate can be furnished by the State at the point of contract finalization. Maine State Sales and Use Taxes should also not be included in any quotation as the State is exempt from the payment of such taxes.

QUOTATION EVALUATION AND SELECTION

Evaluation of the submitted quotations shall be accomplished as detailed below.

Evaluation Process

1. State of Maine RFQ documents are evaluated on a Best Value basis. The term “Best Value” takes into consideration the qualities of the goods or services to be supplied, their conformity with the specifications listed in the RFQ, the purposes for which they are required, the date of delivery, and the best interest of the State, including a Bidder’s economic impact on the State (if instructed to do so in Appendix C). Once the goods or services have been determined to conform to the specifications listed, and other Best Value considerations have been made, then the Division will make its award decision based on the lowest price among the Bidders.

2. Evaluating Economic Impact (for orders over $100,000): The bidder with the largest economic impact value total in Appendix B will have their total evaluated bid reduced by 10% (of their bid) for the purposes of comparison with other bids. Bidders with smaller economic impact values will have their total bid reduced by a fraction of 10%, calculated as shown below:

a. Economic impact value of bid being evaluated/Bid with largest economic impact value x 10% = Percentage decrease for bid being evaluated

b. Example: Bid with largest economic impact: total bid = $150,000; economic impact value $350,000.

i. Total bid for evaluation = (10% x $150,000 = $15,000) = $135,000

c. Bid being evaluated: $140,000, economic impact value $200,000

i. Total bid for evaluation = ($200,000/$350,000 = 0.57 x 10% = 0.057 x $140,000 = $8,000) = $132,000

3. At the discretion of the State, if a Bidder’s submission is deemed to not conform to the specifications listed in the RFQ, or otherwise not conform to the requirements of the RFQ, then that Bidder’s submission may not be considered for contract award.

4. In the event that no Bidder submission conforms to the specifications of this RFQ, then the State may choose not to make any award. Alternatively, the State may make an award to the Best Value Bidder whose specifications most closely meet the specifications of this RFQ. For example, if there are five specification requirements, and two responses are received with one Bidder meeting four requirements, and one bidder meeting three requirements, then the State, at its discretion, may make a contract award to the Bidder meeting four requirements.

5. If the specifications provided with this RFQ are of a technical nature, then the Division’s RFQ Coordinator, at his or her discretion, may seek to use an evaluation team comprised of subject matter experts, end-users from the Requesting Department, or other State Department representatives. In such a case, the evaluation team will judge the merits of the quotations received in accordance with the criteria defined in the RFQ.

Negotiations

1. No Best and Final Offers: The State of Maine will not seek a best and final offer (BAFO) from any Bidder in this procurement process. All Bidders are expected to provide their Best Value pricing with the submission of their quotation.

2. The Division reserves the right to negotiate with the successful Bidder to finalize a contract at the same rate or cost of goods and services as presented in the selected quotation. Such negotiations may not significantly vary the content, nature or requirements of the quotation or the RFQ to an extent that may affect the price of goods or services requested. The Division reserves the right to terminate contract negotiations with a selected Bidder who submits a proposed contract significantly different from the quotation submitted in response to the RFQ.

3. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, the Department may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Department may cancel the RFQ, at its sole discretion.

TERMS AND CONDITIONS FOR RFQ AND CONTRACT

PART I

GENERAL INFORMATION ON RFQs A.

Purpose and Background The State of Maine (“State”) Department of Administrative and Financial Services (“Department”), Bureau of General Services (“Bureau”), Division of Purchases (“Division”) acts as the purchasing agent on behalf of all Executive Departments and other agencies within State Government. For this competitive Request for Quotations (RFQ) process, the Division is acting on behalf of the Requesting Department listed on the cover page. The Division and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services as defined above in Section 1 of this document. This document provides instructions for submitting quotations, the procedure and criteria by which the Bidder(s) will be selected, and the contractual terms which will govern the relationship between the State and the awarded Bidder(s). Following Bidder selection and upon reaching a mutual agreement, the State and the selected Bidder will enter into a contract – taking the form of a State of Maine Master Agreement or Buyer Purchase Order (all generally referred to as “contract” herein), as applicable.

B.

General Provisions

1.

Issuance of this RFQ does not commit the Division or the Requesting Department to issue an award or to pay expenses incurred by a Bidder in the preparation of a response to this RFQ. This includes attendance at personal interviews or other meetings and software or system demonstrations, where applicable.

2.

All responses to this RFQ should adhere to the instructions and format requirements outlined in this RFQ and all written supplements and amendments (such as the State’s written answers to the Bidders’ written questions), as issued by the Division. Responses are to follow the format and respond to all questions and instructions specified below in the “Quotation Submission Requirements” section of this RFQ.

3.

Bidders shall take careful note that in evaluating a quotation submitted in response to this RFQ, the Department may consider materials provided in the quotation, information obtained through interviews/presentations (if any), and internal information of previous contract history between the State and the Bidder (if any). The Department also reserves the right to consider other reliable references and publicly available information available in evaluating a Bidder’s experience and capabilities, if needed. All responses to this RFQ shall be considered to be authorized to legally bind the Bidder, and if selected for award, shall contain or be considered to contain a statement that the quotation and the pricing contained therein will remain valid and binding for a period of at least 180 days from the date and time of the bid opening.

4.

The RFQ and the selected Bidder’s quotation, including all appendices or attachments, may be incorporated in the final contract.

5.

Following announcement of an award decision, all submissions in response to this RFQ will be considered public records available for public inspection pursuant to the State of Maine Freedom of Access Act (FOAA) (1 M.R.S. §§ 401 et seq.).

6.

The Division, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in quotations received in response to this RFQ.

7.

The State of Maine Division of Purchases reserves the right to authorize other State Departments to use the contract(s) resulting from this RFQ, if it is deemed to be beneficial for the State to do so.

8.

All applicable laws, whether or not herein contained, shall be included by this reference. It shall be Bidder’s responsibility to determine the applicability and requirements of any such laws and to abide by them.

C.

Eligibility to Submit Bids Public agencies, private for-profit companies, and non-profit companies and institutions are invited to submit bids in response to State of Maine Requests for Quotations.

D.

Delivery Terms For the purchase of goods, the Division and selected Bidder will decide upon a delivery date in accordance with the State’s requirements and the terms offered in the Bidder’s quotation. Unless stated otherwise in Section 1 of this RFQ, all deliveries are expected with shipping terms of “Free on Board (FOB) - Destination”. The State intends for this to mean that all goods shall be priced in the bid response to include shipping charges, if any, to the State’s desired location (Augusta, Maine, unless otherwise specified in Section 1). The “FOB – Destination” shipping term is also intended to mean that the State shall not bear any responsibility for the goods in question until the State takes possession of them at the destination point of delivery.

E.

Alternate Bids and Approved Equals When, in bid forms and specifications, an article or material is identified by using a trade name and catalog number of a manufacturer or vendor, the term "or approved equal," if not inserted with the identification, is implied. Any Bidder that seeks to propose an alternate item from what is specified in this RFQ should refer to State of Maine Statute 5 MRSA §1825-B, for “Bids, awards and contracts”, found here: http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html Appeal of Contract Awards Any person aggrieved by the award decision that results from this RFQ may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 MRSA § 1825-E and 18-554 Code of Maine Rules, Chapter 120 (found here: http://www.maine.gov/purchases/policies/120.shtml). The appeal must be in writing and filed with the Director of the Bureau of General Services, 9 State House Station, Augusta, Maine, 04333-0009 within 15 calendar days of receipt of notification of contract award.

If this RFQ results in the creation of a pre-qualified or pre-approved list of vendors, then the appeal procedures mentioned above are available upon the original determination of that vendor list, but not during subsequent competitive procedures involving only the pre-qualified or pre-approved list participants.

PART II

CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document The successful Bidder will be required to execute a contract which may be in the form of a State of Maine Buyer Purchase Order, State of Maine Master Agreement or Agreement to Purchase Services.

The Standard Terms and Conditions used with the aforementioned contract types may be found on the Division of Purchases website at the following link:

http://www.maine.gov/purchases/info/forms/BPO_General_Terms.doc In the event that the State of Maine’s Standard Terms and Conditions or RFQ provisions do not otherwise cover contractual scenarios that are specific to the goods or services being purchased under this RFQ, then the State is willing to consider a Bidder’s standard terms and conditions. Consideration or use of a Bidder’s standard terms and conditions shall only occur under the general agreement that in the event of a conflict, the State of Maine’s Standard Terms and Conditions and RFQ provisions shall take precedence.

Other forms and contract documents commonly used by the State can be found on the Division of Purchases website at the following link: http://www.maine.gov/purchases/info/forms.shtml B. Independent Capacity

In providing services and performing under the contract, the successful Bidder shall act independently and not as an agent of the State of Maine.

C. Payments and Other Provisions The State anticipates paying the selected Bidder on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from this RFQ.

PART III

APPENDICES

Appendix A

State of Maine Department of Administrative and Financial Services

Bureau of General Services

Division of Purchases

QUOTATION SPECIFICATION FORM

RFQ # 17D 15102200000000000324

VIBRATORY REVERSIBLE PLATE COMPACTOR

Specifications

Vibratory Reversible Plate Compactor

The purpose and intent of these specifications is to describe a gasoline powered walk behind Vibratory Reversible Plate Compactor for the compaction of aggregate material. It must be of rugged design and construction throughout in order to deliver dependable service under severe operating conditions, and optimum performance and production capabilities. All standard features advertised shall be included whether asked for or not within these specifications.

Completeness

The price quoted in any proposal submitted shall include all items of labor, materials, tools, equipment, and other costs necessary to fully complete the manufacture and delivery of the Vibratory Reversible Plate Compactor pursuant to these specifications.

Any part or detail which makes the Vibratory Plate Compactor complete and ready for service shall not be omitted, even though such part or detail is not mentioned in these specifications.

Conformity

All parts not specified shall be manufacturer’s best quality and shall conform in materials, design, or workmanship to the best practice known in the Vibratory Reversible Plate Compactor industry. All parts shall be new and in no case will used, reconditioned or obsolete parts be accepted. The parts on all Vibratory Reversible Plate Compactors provided by the manufacturer should be interchangeable.

INSTRUCTIONS FOR COMPLETING TECHNICAL SPECIFICATION SHEET

Please complete the checklist for technical specifications set forth below. Each Bidder must indicate whether it can meet the technical specifications by inserting an “X” next to each specification. The “X” will demonstrate that the Bidder’s offering meets the technical specification. If a Bidder cannot meet a technical specification, then the Bidder must give an explanation for each exception and for equipment that is not available or that will be dealer installed. All explanations must be provided in detail on separate pages along with the justification as to why the alternative equipment or deliverables will be as good as the equipment or deliverables described in the detailed specifications for desired items. A copy of the vendor specification proposal must be provided. Following these instructions is essential for proper bid evaluation. If a Bidder fails to provide requested information or if information on a quote is found to be false or misleading, the quote will be rejected as unresponsive.

The following abbreviations must be used by interested Bidders:

X

Meeting Specification

N/A

Not Available

DI

Dealer Installed

AE

Approved equal process

1. Dimension Requirements:

1.1 Compactor operating weight shall be between 600 and 800 pounds.

1.2 Compactor shall have an overall maximum width of 18 (eighteen) inches.

1.3 Overall height of machine with handle in stored position will be minimum of 50(fifty) inches.

2. Compactor Requirements:

2.1 Compactor base plate shall be a minimum of 18 (eighteen) inches wide by 34 (thirty-four) inches long.

2.2 Centrifugal force shall be a minimum of 10,000 (ten-thousand) pounds.

2.3 Vibration frequency shall be a minimum of 4,000 vpm (vibrations per minute).

2.4 Forward and reverse travel speed shall be a minimum of 70 (seventy) feet per-min.

2.5 Compactor shall be capable of variable forward and reverse operation including spot compaction.

2.6 Compactor shall have infinitely variable hydraulic control mounted in the control handle for precise work even under adverse conditions.

2.7 Compactor shall be able to maintain continuous operation at a maximum tilt of 20° degrees.

2.8 Handle shall be adjustable and have a lock for storing the handle in the upright position.

2.9 Compactor shall come with a guard hook properly rated for lifting machine.

2.10 Compactor shall have a self adjusting centrifugal clutch.

2.11 Plate compactor will be equipped with heavy duty shock mounts to reduce vibration to the operator, and protect the plate during operation.

2.12 Compactor will have a hand throttle mounted to the control handle for ease of operation.

3. Engine Requirements:

____ 3.1 Heavy duty OHV, 4(four) stroke single cylinder gasoline engine that meets CARB EPA emission laws. Bidders shall certify the Vibratory Reversible Plate Compactor engine supplied pursuant to this RFQ and contract shall meet the CARB EPA emission laws. Information is required with bid.

____ 3.2 The gasoline engine shall have a minimum of 8 (eight) hp or largest engine available or approved equal.

____ 3.3 Noise levels shall comply with all applicable Federal and State of Maine standards.

3.4 Engine shall have automatic low oil shut off, and be equipped with a spark arrestor muffler.

3.5 Fuel tank shall have a minimum capacity of 1.5 gallons.

3.6 Air cleaner shall be dual element type, to include a cyclonic pre-cleaner.

3.7 Engine shall have a steel frame protective guard to prevent damage.

3.8 Starting method of engine will be recoil start.

4. Paint Requirement:

____ 4.1 The Vibratory Reversible Plate Compactor shall be painted the manufacturer's standard colors.

____ 4.2 All metal shall be free of rust and mill scale and prepared (bead blasted) for primer and finish paint coat.

____ 4.3 All paint and primers must be lead free.

5. Warranty Requirement:

____ 5.1 Manufacture’s standard warranty will apply.

____ 5.2 Terms and conditions of warranty must be provided with bid proposal.

____ 5.3 Manufacturer’s warranty will start with MDOT in-service date.

____ 5.4 Terms and conditions of warranty must be provided with bid proposal (Warranty must be clearly defined and all components covered must be clearly listed and identified).

____ 5.5 In-Service Date: Warranty on Vibratory Reversible Plate Compactor (not placed in service immediately because of time lag due to installation of components, special equipment, seasonal usage or other delays) shall be warranted from the date the vehicle is the actual placed in service. MDOT Fleet Services Augusta shall notify the vendor in writing of "in service" date.

____ 5.6 During the term of the manufacturer's warranty Fleet Services reserves the right to perform any and all warranty "in house" to meet operational needs or demand with the exception of the Vibratory Reversible Plate Compactor. Fleet Services will recover all parts and labor cost as allowed by manufacturer's flat rate manual. O.E.M parts may be supplied at no cost by the manufacturer, dealer or may be purchased by Fleet Services on the open market to meet operational demand. Any and all defective parts will be returned to the manufacturer or dealer upon request.

____ 5.7 Vendor shall be (100%) responsible for all repair costs to include parts, labor during the warranty period.

6. Manuals& Software Requirement:

____ 6.1 There shall be 2 operators manuals per unit.

____ 6.2 There shall be 2 Shop repair manuals or CDs per unit.

____ 6.3 There shall be 2 parts manuals or CDs per unit.

7. Training Requirement:

____ 7.1Any and all training must be performed by trained and qualified personnel.

8. General Requirement:

____ 8.1 All pinch points shall be clearly marked.

____ 8.2 Successful bidder shall provide Vibratory Reversible Plate Compactor line sheets.

____ 8.3 Equipment must be fully inspected, serviced, fully assembled, and ready to work upon delivery.

____ 8.4 Be it known that these specifications are a minimum and that bids will be evaluated on based on price, warranty, manufacturer’s performance data, delivery schedule, parts availability and other items deemed appropriate.

____ 8.5 Bidders to supply a detailed specification sheet with their bid proposals listing exactly what is being offered (not a reference to a web site) and to certify that they have service facilities in Maine, staffed with trained service technicians and stocked with repair parts for the equipment which is bid.

Failure to provide this information may cause the bid to be rejected. The Maine DOT reserves the right to reject any and all bids.

____ 8.6 All hardware installed shall not obstruct any lubrication points.

____ 8.7 All hardware installed shall not obstruct or interfere with any Vibratory Reversible Plate Compactor operating component.

____ 8.8 All safety, warning and instructional decals must be properly displayed, legible, and appropriate for this machine application.

____ 8.9 Maine DOT Fleet Services reserves the right to pre-inspect the Vibratory Reversible Plate Compactor before delivery.

____8.10 Exceptions to specifications shall be listed on a separate paper and noted as exceptions and submitted with bid proposal. If exceptions are not listed as such it shall be considered that the vendor will comply with all specifications as listed.

____ 8.11 Equipment offered must comply with applicable Federal and State of Maine laws.

____ 8.12 Upon delivery of unit or units all necessary paper work such as (Dealer's Certificate and Invoices) shall accompany unit or units.

____ 8.13 All bid proposals will include shipping and delivery to:

Maine Department of Transportation Fleet Services, 66 Industrial Dr. Augusta, Me 04333.

9. Services Requirement:

____ 9.1 The Maine Department of Transportation’s objective is to have the vendor provide warranty and service at facilities that are as close as possible to localities where the Vibratory Reversible Plate Compactor will be used. To that end, the Maine Department of Transportation desires that the vendors will have warranty and service facilities located within 75 miles of each Region headquarters, Scarborough, Augusta, Dixfield, Bangor and Caribou.

____ 9.2 Vendors must provide a list of bidder service center locations.

____ 9.3 Bidders must supply a written explanation describing such things as the locations of the facilities, the times the facilities will be available for use, qualifications of the staff at the facilities and how the vendor will provide warranty and service at these service facilities. (Explain in a written document submitted with the proposal).

10. Bid Submission Requirement:

____ 10.1 In addition to required information as exhibited in the specifications, the Bidder shall also provide:

· Warranty and extended warranty data for Vibratory Reversible Plate Compactor, and all sub-components.

· Specifications required on the proposed, Vibratory Reversible Plate Compactor.

· Failure to supply the required documentation may render the bid non-responsive.

Prior to any vehicles being accepted by, and any partial payment being made by The Maine Department of Transportation/Fleet Services, all equipment will be inspected for compliance to these Technical specifications. These inspections will be performed by Maine DOT/Fleet Services or their designated representative.

Exceptions and Questions: All exceptions must be asked during the bid period by submitting your requests and / or questions through the Question and Answer link on the Solicitation Details View page. Your answer will appear there as well. It is the vendor’s responsibility to log in to view all questions and answers posted there. Questions and answers obtained any other way will not be valid for this RFQ.

DAR 10/19/2015

Maine Department of Transportation Fleet Services

LIQUIDATED DAMAGES

It is agreed by the parties to the contract that time is of the essence, and in event of delay in completion of the work or the delivery of the supplies, materials or equipment beyond the date set forth in the Contract Documents, or beyond authorized extensions thereof, damage will be sustained by Maine Department of Transportation Fleet Service associated with the following: rental cost of replacement equipment, repair or maintain costs for other equipment, additional labor costs, and other project delay costs, etc. Because it is impracticable to determine the actual amount of the damage by reason of such delay, it is, therefore, agreed that the contractor will pay to Maine Department of Transportation Fleet Service the sum of one hundred dollars ($100.00) per Compactor for each and every calendar day's delay in DELIVERY AND ACCEPTANCE, as defined below, of units beyond the dates in the negotiated delivery schedule.

These damages shall be deducted from any monies due, or which may thereafter become due, to the contractor under this contract or may be recovered by Maine Department of Transportation Fleet Service through any lawful means.

The contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in these Contract Documents caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine, restrictions, strikes, labor disputes, and freight embargos, or other causes beyond his reasonable control, provided that the Contractor shall notify Maine Department of Transportation Fleet Service in writing of the cause of delay within fifteen (15) days from the beginning of any such delay.

Maine Department of Transportation Fleet Service shall ascertain the facts and extent of the delay, and his findings thereon shall be final and conclusive. Contractor has the burden of proof that the delay was beyond his control.

DELIVERY AND ACCEPTANCE

Time is of the essence in this Contract. The Contractor shall prosecute the work continuously and diligently. Delivery and acceptance of the units shall occur in accordance with the terms and conditions set out below.

Production of the units shall be conducted as a continuous production with no breaks or inserts of other orders or types of equipment.

Delivery shall be restricted to Monday through Friday, between the hours of 8 AM and 4 PM.

Units furnished under this Contract shall be delivered in first class condition, complete and ready for operation, and the Contractor shall assume all costs, responsibilities, and risk or loss incident to the delivery.

When units are delivered, certificates or releases signed by representatives of Maine Department of Transportation Fleet Service are understood to be a simple acknowledgment of receipt of the units only, and will NOT constitute an acceptance by Maine Department of Transportation Fleet Service of the condition of the units or their conformance with the terms and conditions of the contract specifications.

Upon delivery, Maine Department of Transportation Fleet Service will conduct such tests as may be required to determine to its own satisfaction that the units appear to be in conformance with the terms, conditions, and requirements of the contract specifications.

Acceptance by Maine Department of Transportation Fleet Service shall occur only after final inspection by authorized employees of Maine Department of Transportation Fleet Service. Maine Department of Transportation Fleet Service will notify the Contractor within fifteen (15) days after delivery if the coaches have or have not been accepted. A letter of non-acceptance will furnish details of deficiencies.

2/17/2015

Appendix B State of Maine

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

DIVISION OF PURCHASES

BID COVER PAGE

Bidder’s Organization Name:

Chief Executive - Name/Title:

Headquarters Street Address:

Headquarters City/State/Zip:

(provide information requested below if different from above)

Lead Point of Contact for Bid - Name/Title:

Street Address:

City/State/Zip:

· This bid and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening.

· No personnel currently employed by the Department or any other State agency participated, either directly or indirectly, in any activities relating to the preparation of the Bidder’s proposal.

· No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal.

· The undersigned is authorized to enter into contractual obligations on behalf of the above-named organization.

Debarment, Performance, and Non-Collusion Certification

By signing this document I certify to the best of my knowledge and belief that the aforementioned organization, its principals, and any subcontractors named in this proposal:

a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

b. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:

i. fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.

ii. violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

iii. 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 enumerated in paragraph (b) of this certification; and

iv. have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.

c. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

· Failure to provide this certification may result in the disqualification of the Bidder’s proposal, at the discretion of the Department.

To the best of my knowledge all information provided in the enclosed proposal, both programmatic and financial, is complete and accurate at the time of submission.

Name:

Title:

Authorized Signature:

Date:

Appendix C

State of Maine

Department of Administrative and Financial Services

Bureau of General Services

Division of Purchases

ECONOMIC IMPACT FORM

Instructions (If bid is over $100,000.00) In addition to all other information requested within this RFQ, each Bidder should complete the table below to quantify the Bidder’s economic impact upon and within the State of Maine. The use of economic impact in making contract award decisions is outlined in Executive Order 2012-004, which states that certain contracts ”…advertised for competitive bid shall include scoring criteria evaluating the responding Bidder’s economic impact on the Maine economy and State revenues.”

For the purposes of this RFP, the term “economic impact” shall be defined as through the “Economic Impact Factors” listed in the table below. To complete the “economic impact” section of the Bidder’s response, the Bidder shall provide the information requested below, describing the Bidder’s recent economic impact with the State of Maine. This information will be evaluated as described in Part IV A.

For the table above, the following definitions are provided:

· “Maine resident”: any person whose primary residence is located within the State of Maine.

· “Maine-based”: any organization whose primary operations are located within the State of Maine.

· “Past 12-month period”: the past 12-months, starting on the date that the RFP was publicly released.

Certification Statement

To the best of my knowledge all information provided above is complete and accurate at the time of submission, and I confirm that I am authorized to make such a determination on behalf of my organization.

Name:

Title:

Authorized Signature:

Date:

State of Maine RFQ 17D 1510220000000000324 Rev. 11/14