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Invitation No. 2019-5310-01

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Invitation No.: 2019-5310-01Location: Mobile, AlabamaCommodity: New Converted Wheelchair Accessible Mini-Vans

INVITATION TO BIDSouth Alabama Regional Planning Commission

110 Beauregard Street, Suite 207Post Office Box 1665

Mobile, Alabama 36633

Opening (Due) Date: 1/15/2019Time: 10:00 am

DO NOT SUBMIT MORE THAN ONE BID PROPOSAL FOR EACH BID

NAME AND ADDRESS INFORMATION MUST APPEAR BELOW

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:(authorized to answer questions

about your company’s bid)

E-Mail Address (required):(person who filled out bid)

E-Mail Address (required):(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return To:South Alabama Regional Planning Commission110 Beauregard Street, Suite 207Post Office Box 1665Mobile, Alabama 36633Transportation Planner: Monica WilliamsonE-Mail Address: [email protected]: (251) 706-4613


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New Converted Wheelchair Accessible Mini-Vans

Project No: 2019-5310-01

The South Alabama Regional Planning Commission in Mobile, Alabama, is seeking responses from qualified firms for the Purchase and Delivery of New Converted Wheelchair Accessible Mini-Vans, Project Number: 2019-5310-01, funded through the FTA 5310 Funds. Invitation to Bid documents may be obtained at the South Alabama Regional Planning Commission, 110 Beauregard Street, Mobile, Alabama 36602 or at w w w . mobilempo.org .

Proposals shall be submitted to Monica Williamson, Transportation Planner, South Alabama Regional Planning Commission, GM&O Building, 110 Beauregard, Street Suite 207, Mobile, Alabama 36602, on or before January 15, 2019 at 1 0 : 00 a. m CST . Proposals received after the deadline will not be considered and will be returned to the Proposer unopened. Any changes, or any requests for changes in the specifications, will not be recognized after sealed proposals are submitted to the South Alabama Regional Planning Commission.

Any contract resulting from this request for proposals is subject in part to a financial assistance contract between South Alabama Regional Planning Commission and the Federal Transit Administration (FTA). All Respondents will be required to certify that they are not on the Comptroller General's list of ineligible contractors. Furthermore, the contractor will be required to comply with all applicable equal employment opportunity laws and regulations.

South Alabama Regional Planning Commission hereby notifies all Proposers that in regard to any contract entered into pursuant to this Invitation for Bid, advertisement or solicitation, Disadvantaged Business Enterprises are encouraged to apply and will be afforded full opportunity to submit proposals in response, and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

South Alabama Regional Planning Commission reserves the right to reject any and all proposals as submitted by this Request for Proposals, and to waive informalities and irregularities, as it deems in its best interest.

PRO CUREM ENT SCHE DULE

The following schedule will be adhered to with regard to the Invitation for Bids:

ITB Announcement December 3, 2018

Bid Solicitation (available for pickup) December 3, 2018

Approved Equal / Clarification Request December 14, 2018

Approved Equals / Clarification December 19, 2018

Bid Due January 15, 2019 10:00 am CST

Bid Opening January 15, 2019, 10:05 a.m. CST

Contract Execution Notice to Proceed TBD

http://www.mobilempo.org./


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ITB 2019-5310-01 Converted Wheelchair Accessible MiniVan

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation to bid is to establish a contract for New Converted Wheelchair Accessible Mini-Vans to be purchased as transit vehicles specified herein that will be used in conjunction with the Federal Transit Administration Section 5310 Program. The vehicles purchased through this contract will be used for the transportation of elderly and/or persons with disabilities.

In the event this invitation to bid is awarded, vehicles will be purchased from the awarded bidder by the South Alabama Regional Planning Commission (SARPC), on behalf of various organizations throughout the Mobile, AL Urbanized Area and subsequently placed into use by the receiving agencies.

All vehicles bid shall be the latest current model vehicle, incorporating the latest manufacturer engineering.

1.1 Quantity of Vehicles to be Purchased

The estimated quantity of vehicles during the time frame is seven. Any estimated quantities listed are being provided as a guide to bidders but should not be construed that the South Alabama Regional Planning Commission shall be obligated to purchase any set number of vehicles. The actual number will be based upon the overall program cost and the availability of local and federal funds.

Section 2: Contract Duration

This contract shall be effective from the Date of Award through March 31, 2020.

Section 3: Free on Board (F.O.B.) Destination

Unit bid prices submitted shall include all delivery charges, Free on Board (F.O.B.) Place ofDestination to the recipient whose name and address appears on the purchase order(s).

Section 4: Post Award Meeting

After award of the contract, prior to commencement of any activity by the successful bidder, a post-award meeting addressing such topics as delivery schedule, method of construction, title work, payment of invoices, etc., may be scheduled. The post award meeting may be scheduled at the South Alabama Regional Planning Commission (SARPC) offices in Mobile, AL or as a conference call originating from SARPC telephone equipment. In either case, SARPC will contact the bidder prior to commencement of any activity in order to arrange the details of the meeting/conference call.


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Section 5: Inspection of Vehicle

SARPC and/or any agency receiving a vehicle reserve the right to inspect any and all vehicles and ancillary equipment being furnished by the successful bidder (Vendor) as a result of this term contract and reserve the right to reject all material and workmanship which does not conform to the specifications or accepted practice. For all vehicles the vendor shall submit to SARPC a projected delivery schedule of the completed vehicle as soon as possible after receipt of the purchase order(s).

Note: payment for the vehicle and ancillary equipment will not be approved until the vehicle is accepted by SARPC and/or the agency as meeting or exceeding all specifications. Delivery acceptance of the vehicle by the recipient agency does not constitute acceptance for payment.

Section 6: Delivery

Delivery of ordered vehicles shall be made within 180 calendar days after receipt of a purchase order.

6.1: Delivery Hours

All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday except Federal holidays unless special permission is granted by SARPC to temporarily waive or adjust this requirement.

6.2: Delivery and Issuance of Title

The title for each vehicle shall be issued in the name of the appropriate recipient whose name appears on the purchase order(s). For purchase orders issued by SARPC, a security agreement shall also be filed naming the South Alabama Regional Planning Commission (SARPC) as first secured lien holder.

The successful vendor will be required to fully demonstrate the use of the vehicle and related equipment upon delivery along with a review of the applicable warranties. The successful vendor must contact SARPC at least two working days in advance of vehicle delivery to set a tentative delivery time and choose proper wording for the vehicle title. Delivery shall be made during the recipient’s normal working hours.

Section 7: Warranty Work

All normal warranty work on chassis and chassis manufacturer’s factory installed equipment shall be accomplished within 100 miles of the recipient’s place of business.

It is recognized that the vehicle and associated on board equipment warranty responsibility may be divided among more than one warranting agency. However, if after the authorized factory service representative for a particular item has been contacted and satisfactory warranty repair cannot be obtained, it shall be the successful bidder’s responsibility to act as liaison for the agency in obtaining warranty repair to ensure the vehicle is placed in operable condition without unnecessary delay.

To assure that all warranties and support requirement of the contract are fulfilled, the Department prefers that the bidders maintain a repair facility within the State of Alabama, or has a contractual relationship with a repair facility in the State of Alabama that is


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familiar

with the vehicles that are the subject of this Bid

Section 8: Disputes

Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the SARPC Administrator. This decision shall be final and conclusive unless within ten (10) days from the date of the receipt of its copy, the Vendor mails or otherwise furnishes a written appeal to the Director of Transportation or his or her designee. In connection with any such appeal, the Vendor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Transportation shall be binding upon the Vendor and the Vendor shall abide by the decision.

Section 9: Bid Submission Forms and Literature

Bidder should submit with their bid the following information:

Detailed descriptive literature and/or engineering or detailed drawings of all items bid. This shall include the basic vehicle proposed to be furnished and all additional equipment. Sufficient detail along with specifications shall be submitted to allow for a complete evaluation

All forms and documents submitted must contain original signatures, seals, embossing, etc.

Failure to submit the following bid submission forms located below in Section 32 of these specifications and requirements in your submitted bid package may result in your bid being declared non-responsive and ineligible for award of this invitation to bid:

Bid Submission Form 1: Bid Affidavit

Bid Submission Form 2: Bidder Certificate Statement

Each bidder should submit with its bid the enclosed “Bidder Certificate Statement” addressing the U.S. Comptroller’s List of Ineligible Bidders. In the event the bidder is on the Comptroller General’s list of ineligible Vendors for federally financed or assisted work, any contract resulting from this bid may be canceled, terminated or suspended by the South Alabama Regional Planning Commission.

Bid Submission Form 3: Integrity Certification Statement

Each bidder should submit with its bid, the “Integrity Certification” (regarding debarment, suspension, and other responsible matters), which states that the Vendor is not currently engaged, or has been engaged, in behavior which threatens the integrity of federally assisted programs.

Bid Submission Form 4: Lobbying Restrictions Certification

The Vendor, by signing the Certification of Restrictions on Lobbying contained herein, agrees to comply with the provisions of Section 1352, Title 31 of the U.S. Code, which


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prohibits the use of federal funds to lobby any official or employee of any federal agency, or member or employee of Congress; and to disclose any lobbying activities in connection with federal funds.

Bid Submission Form 5: Buy America Certification

The complete Buy America process consists of not only individual component requirements but also a vendor compliance/non-compliance self-certification; pre-award and post delivery vehicle component verification; pre-award and post-delivery specifications compliance; and Federal Motor Vehicle Safety Standards (FMVSS) compliance. The Buy America, FMVSS documents included in the Required Forms sections, with a list of proposed Buy America content for the proposed vehicles will suffice as the pre-award self-certifications. The remaining pre-award certifications will be addressed by SARPC personnel and post-delivery certifications will be addressed with the contract vendor.

The Vendor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provides 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 CFR661.7, microcomputer equipment, software, and small purchases (currently less than$100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j) (2) (C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder or offeror must submit to SARPC the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver.

Bid Submission Form 6: Transit Vehicle Manufacturers (TVM) Certification

49 CFR Part 26.49 requires SARPC, as a recipient of FTA funding, to require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the DBE regulatory requirements. A transit vehicle manufacturer may obtain this certification by submitting its DBE Goal and Program Plan to the FTA Office of Civil Rights.

Only those dealers or distributors whose transit vehicle manufacturer bid is listed on FTA’s certified list of Transit Vehicle Manufacturers (www.fta.dot.gov/12326_5626.htm l ), or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the date and time bids are due back to the Department are eligible to be awarded this invitation to bid.

A bidder that is a vendor/distributor/dealer of transit vehicles must clearly identify all Transit Vehicle Manufacturers from which vehicles will be procured. A bid received from a vendor/distributor that includes vehicles to be produced by a Transit Vehicle Manufacturer that is not listed on FTA’s certified list of Transit Vehicle Manufacturers may be deemed non-responsive and ineligible for award.

NOTE: Bidders that are a dealer or distributor of a transit vehicle manufacturer should submit an original copy of Bid Submission Form 6 for each Transit Vehicle Manufacturer bid.


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Bid Submission Form 7: Federal Motor Vehicle Safety Standards (FMVSS) Certification

The motor vehicles supplied as part of this procurement will comply with the Motor Vehicles Safety Standards as established by the State of Alabama. In addition, the bidder should submit a signed certification, on the enclosed form, that all vehicles being supplied will meet all applicable Federal Motor Vehicles Safety Standards.

Section 10: Statement of Financial Assistance

This contract is subject to and contingent upon the continuance of a financial assistance contract between the South Alabama Regional Planning Commission and the U.S. Department of Transportation (FTA). The termination of this financial assistance agreement shall void this contract without damage to either party.

Section 11: Interest of SARPC Employees

No employee of the South Alabama Regional Planning Commission or of a local public body during that person’s tenure or one year thereafter, including any family members or business partners of said person, shall have any interest, direct or indirect, in this contract or the proceeds thereof. Each bidder shall submit with the bid the “Certification of Restrictions on Lobbying” regarding this and other related matters.

Section 12: Civil Rights Requirements and Nondiscrimination

In accordance with Title VI and VII of the Civil Rights Act, as amended, 42 USC 2000d and2000e, respectively; Section 303 of the Age Discrimination Act of 1975, as amended; 42USC 6102, Section 202 of the Americans with Disabilities Act of 1990; and 42 USC 12132, and Federal transit law at 49 UCS 5332, Vendors are required to comply with all applicable Equal Employment Opportunity laws and regulations, including all requirements imposed by the Titles and Sections set forth in this paragraph, and the regulations relative to non- discrimination in federally assisted programs of the U.S. DOT, as issued in 49 CFR, Part21.

These requirements include, but are not limited to:

The Vendor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Vendor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Vendor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

The Vendor agrees, in accordance with Section 4 of the Age Discrimination inEmployment Act of 1967, as amended, 29 USC 623 and Federal transit law at 49USC 5332, to refrain from discrimination against present and prospective employees for reason of age. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue.

The Vendor agrees, in accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 USC 12112, 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


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Act,”29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue.

The Vendor further agrees to 1) include these requirements in each subcontract financed in whole or in part with the FTA Federal assistance, modified only if necessary to identify the affected parties, and 2) to notify potential subcontractors, vendors and suppliers in all solicitations of its obligation under this contract relative to non-discrimination provisions in every subcontract awarded pursuant to this agreement.

Section 13: Record Retention

In accordance with 49 CFR 18.36(I)11, the Vendor will keep all records pertaining to this procurement for a period of three years from the delivery date of the last vehicle.

Section 14: Environmental Requirements

Clean Air:(1) The Vendor 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 Vendor 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 Vendor also agrees to include these requirements in each subcontractexceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Clean Water:(1) The Vendor 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 Vendor 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 Vendor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance providedby FTA.

Section 15: Energy Efficiency:

Energy Conservation

The Vendor 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.

Section 16: Labor Provisions

The Vendor shall maintain and preserve, and require subcontractors to maintain and


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preserve, payroll records for a period of three years from the date of completion of this agreement. Such records shall contain for each employee, their name, address, social security number, correct classification, hourly rates of wages, daily and weekly number of hours worked, deductions and actual wages paid.

In addition, all records to be maintained by the Vendor and all subcontractors under this agreement shall be made available for inspection, copying or transcription by authorized representatives of the U.S. DOT, U.S. DOL and SARPC.

Contract Work Hour and Safety Standards Act:

Vendor agrees to comply with 29 CFR, Part 1926 which implements Section 107 of theContract Work Hour and Safety Standards Act.

Overtime Requirements:

No Vendor 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 laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or 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 eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater.

Violation: Liability for Unpaid Wages and Liquidation Damages:

In the event of any violation of the clause set forth in subparagraph (b)(1) 29 CFR 5.5 the Vendor and any subcontractor responsible therefore shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory), 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 subparagraph (b)(1) 29 of CFR 5.5 in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b)(1) 29CFR 5.5.

Withholding for Liquidated Damages:

SARPC or the recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor shall 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 subparagraph (b)(2) of 29 CFR5.5.

Subcontrac t s: The contractor agrees to incorporate these clauses into any subcontract


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awarded pursuant to this solicitation.

Section 17: Cargo Preference

Cargo Preference - Use of United States-Flag Vessels:The Vendor 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 contract o r in the case of a subco n tractor's bill - of-lading.)

c. to include t hese requirements in all subc o ntr a c ts issued p ursuant to t his contr a ct when the subcontract may invo l v e the transport of e q uipment, material, o r commodities by ocean vessel.

Section 18: No Government Obligation to Third Parties

(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, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Vendor 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.

Section 19: Program Fraud and False or Fraudulent Statements

(1) The Vendor 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 Vendor 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 Vendor 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 Vendor to the extent the Federal Government deems appropriate.


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(2) The Vendor 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 49U.S.C. § 5307, the Government reserves the right to impose the penalties of 18U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Vendor, to the extent the FederalGovernment deems appropriate.

(3) The Vendor 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.

Section 20: Federal Changes

Vendor 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. Vendor's failure to so comply shall constitute a material breach of this contract.

Section 21: Recycled Products

Recovered Materials The Vendor agrees to comply with all the requirements of Section6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C.6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

Section 22: Government-wide Debarment and Suspension

By signing and submitting this bid or proposal, the Vendor and prospective lower tier participant is providing the signed certification set out below.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the South Alabama Regional Planning Commission may pursue available remedies, including suspension and/or debarment.

The prospective lower tier participant shall provide immediate written notice to the South Alabama Regional Planning Commission if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules and implementing Executive Order 12549 [49 CFR Part 29]. You may contact the South Alabama Regional Planning Commission for assistance in obtaining a copy of those regulations.

The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier


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covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the South Alabama Regional Planning Commission.

The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List issued by U.S. General Service Administration.

Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under Paragraph D of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the South Alabama Regional Planning Commission may pursue available remedies including suspension and/or debarment.

“Certification Regard i ng Debar m ent, Suspension, Ineligibility and Voluntary Exclusion- Low er Tier Covered T ransaction”

The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its “principals” [as defined at 49 CFR § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Section 23: 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 4220.1F, dated November 1, 2008, and 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 Vendor shall not perform any act, fail to perform any act, or refuse to comply with any South Alabama Regional Planning Commission requests which would cause the South Alabama Regional Planning Commission to be in violation of the FTA terms and conditions.

Section 24: Fly America


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The Vendor 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 Part301-10, which provide that recipients and subrecipients of Federal funds and their Vendors 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 Vendor 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 Vendor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

Section 25: Pre-Award and Post-Delivery Audit Requirements

The Vendor 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 Vendor 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 oforigin 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 assemblypoint and the cost of final assembly.

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

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Vendor 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.

Section 26: Motor Vehicle Pollution Requirements:

The Vendor, by submitting a bid in response to this ITB, guarantees the following:

The horsepower of the vehicle(s) bid are adequate for the speed range and terrain in which it will be required to operate and also to meet the demands of all auxiliary power equipment.

All gases and vapors emanating from the crankcase of spark-ignition engines are controlled to minimize their escape into the atmosphere. Visible emission from the exhaust will not exceed #1 on the Ringlemann Scale when measured six inches from the tail pipe with the vehicle in steady operation.

When the vehicle has been idled for three minutes and then accelerated to 80% of rated speed under load, the capacity of the exhaust will not exceed #2 on the Ringlemann Scale for more than five seconds, and not more than #1 on the Ringlemann Scale thereafter.

Section 27: ADA Compliance


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Must meet ADA Accessible Guidelines, as amended, 42 U.S.C. §§ 12101 et seq.

Section 28: Maximum Compensation

The maximum compensation for this contract, if a contract is awarded, will not exceed the amount of purchase orders instituted by SARPC.


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Section 29: Price Adjustment Clause

Manufacturer price adjustments will be considered after current model year build out dates, provided that price adjustments cover both upward and downward movement of the commodity price and the adjustment is based on the “pass through” increase or decrease of raw materials and/or labor and/or manufacturer price incentives (not originally considered) which make up all or a substantial part of the product. Adjustments are to be based upon an actual dollar figure, not a percentage. Written request for price adjustment including supportive documentation, shall be sent to the South Alabama Regional Planning Commission, Transportation Department, Attn: Monica Williamson, PO Box 1665, Mobile, AL 36633, for review. The Department may accept the price adjustment and amend the contract accordingly, reject the adjustment and continue the contract as is with no change in price, or cancel the contract without damage to the Department. The Department will have sole discretion in the approval of any price adjustments. Price adjustments will become effective on the date of the Department’s acceptance letter. No increase will be considered within the first four (4) months of the contract’s effectiveness.

Definition: Build out date- The date after which the manufacturer no longer produces or is unable to provide the current model year chassis.

Manufacturer’s production termination notice (build out):

Orders prior to mfg. production termination notice (build-out-date): All orders placed, shall be provided to the vendor no later than the mfg. build-out-date, which in the past is usually around March, but could be earlier. Agencies will be notified of these dates but are urged to submit their orders as quickly as possible after receipt of the contract.

All orders received by the Vendor on, or prior to, the build-out-date shall guarantee delivery of the vehicle as described on the purchase order at the awarded contract price.

Any order received by the Vendor after the build-out-date will be subject to vehicle availability. The vendor reserves the right to accept or reject these orders. The vendor will be required to notify the ordering agency, within five (5) calendar days, after the vendor has received the purchase order, whether the purchase order will be accepted or rejected. If the purchase order cannot be accepted the vendor shall return it to the ordering agency. Once accepted, the vendor shall be required to fulfill the contract.


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Section 30: Equipment Requirement and Specifications: 12+2 ADA Compliant Bus ADA Compliant Mini-van

30.1. OVERALL SEATING CAPACITY, DIMENSIONS AND WEIGHTSeating capacity for each vehicle shall be configured with a driver’s seat and a second row bench seat, more seats may be provided. The vehicle must be capable of transporting at least one passenger in a wheelchair. When a passenger in a wheelchair is being transported, each vehicle must be capable of transporting at least 3 additional ambulatory passengers.

30.2. STANDARD FEATURES (MINIMUM REQUIREMENTS)30.2.1 ENGINE: gasoline engine of a size compatible with the specified passenger capacity and transmission30.2.2 TRANSMISSION: automatic transmission30.2.3 ELECTRICAL: 140 amp alternator, 12 volt maintenance free battery, 500 CCA at zero degrees Fahrenheit. The electrical system of the vehicle shall be capable of supporting auxiliary systems including a 2 way radio.30.2.4 FRONT AXLE: 2400 lb. minimum capacity30.2.5 REAR AXLE: 2600 lb. minimum capacity30.2.6 BRAKES: Power, 4 wheel, heavy duty disc antilock brake system30.2.7 STEERING: Power30.2.8 TIRES: Tire size must be compatible with each vehicle and each vehicle’s GVWR. Tires shall be steel-belted radial all season type tires (must be approved for use as mud and snow tires.) Spare wheel and tire mounted on each vehicle at an accessible location required.30.2.9 FUEL SYSTEM: Total fuel tank capacity shall be a minimum of 20 U.S. gallons.30.2.10 BODY STRUCTURE:30.2.10.1. The entire body-frame understructure of each vehicle is to be fully undercoated with high quality material.30.2.10.2. Roof gutters shall be installed over all windows and doors, per OEM design.30.2.10.3. In the event the tires extend beyond the side of each vehicle, splash aprons or fenders shall be provided.30.2.10.4. Front and rear bumpers shall be provided.30.2.10.5. At locations where a lowered floor is installed, it shall be properly braced and reinforced to allow the structural integrity of the vehicle to remain intact.30.2.11 AIR BAGS: Driver and front passenger air bags will be furnished.30.2.12 AIR CONDITIONING: Heaviest duty OEM air-conditioning which consists of dash mounted unit.30.2.13 DEFROSTER: A front and rear defroster shall be provided.30.2.14 WINDSHIELD WIPERS: Two heavy duty electric two-speed windshield wipers with intermittent feature controlled by a switch shall be furnished. Windshield washer is to be included, with a reservoir easily accessible for filling.30.2.15 SEAT BELTS: Each passenger, including the driver and any wheelchair passengers shall be provided with an individual seat belt with shoulder harness. (see below description of wheelchair occupant restraint system for more detail.)

30.3. OTHER REQUIREMENTS:30.3.1 A key start system shall be provided30.3.2 Wheelchair Securement area 30” W x 48” L30.3.3 Vehicle interior height 56” minimum


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30.3.4 Interior height at passenger and driver positions 56” minimum30.3.5 Ground clearance at frame (loaded) 5.5”30.3.6 Meets all Federal Motor Vehicle Safety Standards

30.4. ADA Compliance The vehicles must be converted to meet all ADA standards. Please refer to the ADA Accessibility Guidelines for Transportation vehicles. This information is available atht t p : / / ww w . acc e s s- b o ar d . g o v / g u i d eli n e s- and- s t a n d a r d s / t r a n sp o rt a t i o n/ v e hi c l es/ada a g - f o r - tr a n s p o rt a t i o n- v e hi c l es

30.5. MODIFICATIONS30.5.1 All welds shall be made in a workmanlike manner, properly fused of ample penetration, and shall on all exposed surfaces, where practical, be smoothly finished. Intermittent or spot welds shall be spaced and proportioned as to provide ample strength for the purpose. All welded joints shall be clean and primed. All welds shall be relatively free of slag inclusions, undercut, roll, blowholes, unfilled craters, improper fit-up and porosity. Fillet weld sizes shall be at least equal to the thickness of the least of the joined plates.30.5.2 All windows shall be free of any defects due to welding slag or assembly damage.30.5.3 Lowered floor and lowered floor frame attachment to the vehicle shall be made by welds only. Gluing, riveting or bolting of the lowered floor or any of the structural members to the vehicle shall be deemed inadequate securement. Lowered floor frame shall consist of 14 gauge Hot Rolled Steel supported by 1 ½” by 3” 14 gauge tubular frame members and 1 ½” square 14 gauge steel tube frame members for strength and safety of wheelchair occupants.30.5.4 No flat steel structures or angle iron shall be deemed adequate framing for long-term durability or occupant protection.30.5.5 If a lowered floor is provided on each vehicle, it shall be lowered no more than 16 inches in the rearmost part and no more than 11 inches in front of the rear axle. The floor shall be lowered from a location rearward of the front driver and passenger seat to the rearmost part of the vehicle. The highest quality of construction is required.30.5.6 Each vehicle shall be reinforced such that the structural integrity of the basic van is not degraded.30.5.7 Any wiring spliced into the factory wiring harness must have soldered connections and be fully insulated. No butt connectors shall be used in any of the factory spliced wiring.

30.6. FLOOR30.6.1 The floor shall be made of metal, properly insulated, securely welded to steel chassis or body and covered with commercial heavy duty transit flooring. All edges shall be properly sealed to prevent entrance of moisture that could cause bulging, material failure.30.6.2 Floor covering shall be OEM specification carpet smooth and at least 1/8 inch under driver and passenger seats and non-skid 1/8 inch thick commercial grade flooring in the lowered floor wheelchair areas. All step edges, thresholds and the boarding edge of ramps or lift platforms shall have a band of (color) s running the full width of the step or edge, which contrasts from the step tread and riser, or lift or ramp surface, either light–on-dark or dark-on-light.30.6.3 All joints shall be the butt type. Floor covering shall be connected and rolled to the floor to prevent bubbles or blisters, which could create a safety hazard.

30.7. SEATING30.7.1 Passenger seats shall be covered with Or ig inal Eq uipment Manuf act urer (O EM) heavy- dut y cloth ( 36 oz. m inim um) The fabric should be 36 oz. Level 3 Predictions/Cameo Vinyl. vinyl, f ully padded constr uct ion and color coor dinat ed.


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30.7.2 Seat Covering and padding material shall meet the burn resistance requirements of FMVSS 302.30.7.3 Each passenger, including the driver and any wheelchair passengers, shall be provided with an individual seat belt with shoulder harness. Seat belts shall comply with FMVSS 209. Belts will be of sufficient length to accommodate adult passenger.30.7.4 Seat anchorage shall comply with FMVSS 20730.7.5 Front driver seat and front passenger seat (if provided) shall be mounted on OEM factory floor.

30.8. ACCESSIBLE ENTRANCE The proposer will submit proposals for BOTH side entry and rear entry accessible vehicles. Note: Only one type of vehicle will be purchased.

30.8.1 Side Accessible Entrance: Each vehicle shall be equipped with a manually operated, conventional side entrance door, which allows access from the curbside. The door may be sliding type or hinged type and shall be equipped with a window which may or may not be opened for ventilation.30.8.2 Rear Accessible Entrance: Each vehicle shall be equipped with a manually operated, conventional rear entrance door. The door shall be the unaltered OEM Factory rear door or “hatch” equipped with a window.30.8.3 For vehicles of 22 feet in length or less, the overhead clearance between the top of the door opening and the highest point of the ramp shall be a minimum of 56 inches.30.8.4 When the door is fully opened, the door shall be firmly held in position by the OEM factory door props to prevent unexpected door closure.30.8.5 Door shall be equipped with a heavy duty lock and shall not rattle in the closed position.30.8.6 The door shall have durable, firmly installed weather seals to prevent theentrance of air, water and other elements.

30.9. WHEELCHAIR TIE DOWN AND OCCUPANT RESTRAINT SYSTEMEach wheelchair position shall be provided with a retractor wheelchair securement to securely hold the wheelchair in the wheelchair position. Additionally, an occupant restraint system will be provided to securely hold the occupant in the wheelchair. The wheelchair securement and occupant restraint system shall meet the following requirements:

30.9.1 The wheelchair shall be secured in a forward facing direction.30.9.2 The wheelchair securement system will provide 4 point tiedown capable of securing the

common wheelchair1

30.9.3 The securement system shall have been successfully tested to meet minimum impact forces of a 20 G, 30 MPH deceleration to simulate a frontal impact on the transport vehicle, as required by the SAEJ2249 standards.30.9.4 All attachments of the securing system to the mobile seating device and to the floor track or equivalent shall be a “positive” attachment type which prohibits the possible accidental disengagement of the mobile seating device from the secured mode.30.9.5 All attachment of coupling systems, which are designed to be connected and disconnected frequently, must be operable by an adult person without the useof tools or other mechanical assistance.30.9.6 All hardware and components of the securement system must be free of sharp or jagged areas and be made of corrosion resistant material or treated to resist corrosion.30.9.7 All tie downs used in the securement system must be identical in construction thereby eliminating the possibility that tie downs might be installed in the wrong location.30.9.8 All permanently attached anchor receptacles must provide multiple positions attachment, commonly described as “track.” The track can be mounted flush within the floor of each transport


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vehicle (track recessed into the floor) or on top, protruding no greater than ½” above the top surface of the floor material. Each anchor point must provide a minimum ultimate strength equal or greater than the tie down system being used.30.9.9 The retractor wheelchair securement system shall limit the movement of an occupied wheelchair to 2 inches or less in any direction under normal vehicle operation.30.9.10 All tie downs used in the securement system for a mobile seating device must be capable of adjustment in useful length of from 18” minimum to 34” maximum in order to provide sufficient flexibility to fit a majority of possible applications.30.9.11 All tie downs used in mobile seating devices must be manufactured using synthetic fiber woven webbing capable of being cut to release the mobile seating device in case of an emergency condition, which would preclude using the normal release function of the tie downs.30.9.12 All securement straps for mobile seating devices must be capable of securing a mobile seating device up to 200 pounds and an occupant weight of 400 pounds.30.9.13 The occupant restraint must consist of a pelvic restraint and an upper torso restraint. The occupant restraint shall be a three point tie down system; two point tie down for the pelvic restraint (lap belt) and one tie down point above the occupant shoulder for the torso restraint.30.9.14 The occupant restraint system shall have been successfully tested in combination with the mobile seating device securement system as defined above to meet the minimum impact forces of a 20 G 30 MPH deceleration to simulate a frontal impact on each transport vehicle, and the requirements of SAEJ2249.30.9.15 Occupant restraints must be installed in accordance with the specifications outlined in FMVSS 208, 209-210 as amended. Adjustment devices, quick release buckles and webbing used in the construction of the occupant restraint system must meet requirements of applicable sections of FMVSS 209. Wheelchair belt cutters are required.30.9.16 All occupant restraint system attachment and coupling hardware must be a “positive” attachment type, which prohibits the possible accidental disengagement of the restraint system.

30.9.17 The pelvic restraint must be easily adjusted to fit a range of occupant sizes and contain a quick release buckle. The upper torso restraint must be adjustable to fit a range of occupant sizes, have a minimum of 12 inches in belt length adjustment, and be easily attached and disengaged from the pelvic restraint. The upper torso restraint may be either retractable or non- retractable, as specified by the purchase order.30.9.18 Wheelchair securement and occupant restraint systems shall have a label on each assembly, which will identify type of belt, date of manufacture and manufacturer name and part number.30.9.19 The manufacturer of the securement and restraint systems must supply detailed instructions regarding the installation and use of the system, including mounting of attachment hardware or track, suggested angles for attaching tiedowns and proper placement and positioning of the occupant restraint.

1 Common wheelchair – a three or four wheeled movility aid, which does not exceed 30 inches in width and 48 inches in length (measured 2 inches above the ground) that when occupied, does not weigh more than 600 pounds


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30.10. ADDITIONAL SEATING REQUIREMENTS30.10.1 Securement systems on vehicles with GVWRs of up to 30,000 pounds, and their attachments to such vehicles, shall restrain a force in the forward longitudinal direction of up to 2,500 pounds per securement leg or clamping mechanism and a minimum of 5,000 pounds for each mobility aid.30.10.2 The securement system shall be placed as near to the accessible entrance as practicable and shall have a clear floor area of 30 inches by 48 inches. Such space shall adjoin, and may overlap, an access path. Not more than 6 inches of the required clear floor space may be accommodated for footrests under another seat provided there is a minimum of 9 inches from the floor to the lowest part of the seat overhanging the space. Securement areas may have fold-down seats to accommodate other passengers when a wheelchair or mobility aid is not occupying the area, provided the seats, when folded up, do not obstruct the clear floor space required.30.10.3 The securement system shall secure common wheelchairs and mobility aids and shall either be automatic or easily attached by a person familiar with the system and mobility aid and having average dexterity.30.10.4 When not being used for securement, the securement system shall not interfere with passenger movement, shall not present any hazardous condition, shall be reasonable protected from vandalism, and shall be readily accessed when needed for use.30.10.5 When the wheelchair or mobility aid is secured in accordance with manufacturer’s instructions, the securement system shall limit the movement of an occupied wheelchair or mobility aid to no more than 2 inches in any direction under normal vehicle operation conditions.30.10.6 There must be enough room inside the vehicle to permit the customer using a mobility aid to reach the securement location. The passenger can either wheel themselves into the securement location or ask the driver for assistance.

30.11. EXTERIOR/INTERIOR PAINT30.11.1 All exposed metal surfaces, except galvanized and stainless steel, must be powder coated.30.11.2 The exterior color shall be white and the vendor shall contact the purchaser for selection of an exterior color from standard factory color chart at the time of order..30.11.3All interior surfaces, which require painting, shall be painted the same color.This includes the exposed interior metal surfaces, if any, of the side and rear doors. The interior color shall be color keyed to each vehicle’s exterior color and shall harmonize with the color of the roof liner and any side paneling or other covering.

30.12. WHEELCHAIR RAMP30.12.1 An ADA compliant ramp shall be provided. Ramps shall support a load of 600 pounds, placed at the centroid of the ramp distributed over an area of 26 inches by 26 inches, with a safety factor of at least 3 based on the ultimate strength of the material.30.12.2 When ramp is stowed, a securement system must be provided for the ramp to keep it from becoming a hazard in the event of a sudden stop. The stowed ramp shall not impinge on the space set aside for mobility aid users. The installed ramp shall not obstruct the view of the driver.30.12.3 The ramp shall provide a smooth and straight inclined surface from the ground to the vehicle floor level. The ramp shall allow a wheelchair containing a person with a disability to be pushed from the ground level into the vehicle or rolled off the vehicle down to ground level. Protective edge flanges, at least 2 inches high, shall be provided on the ramp to prevent the wheels of a wheelchair


21

from rolling off the edge of the ramp. No center steps or toe cleats will be allowed. The ramp surface shall be continuous and slip resistant and shall have no protrusions greater than ¼”. The ramp shall have at least 30” clear width. The ramp shall accommodate both four-wheel and three-wheel mobility aids.30.12.4 The transition from roadway or sidewalk and the transition from vehicle floor to the ramp may be vertical without edge treatment up to ¼ inch. Changes in level between ¼ inch and ½ inch shall be beveled with a slope no greater than 1:2.30.12.5 Ramp shall have the least slope practicable and shall not exceed 1:4 when deployed to ground level. If the height of the vehicle floor from which the ramp is deployed is 3 inches or less above a 6-inch curb, a maximum slope of 1:4 is permitted; if the height of the vehicle floor from which the ramp is deployed is6 inches or less, but greater than 3 inches, above a 6-inch curb, a maximum slope of 1:6 is permitted; if the height of the vehicle floor from which the ramp is deployed is 9 inches or less, but greater than 6 inches, above a 6-inch curb, a maximum slope of 1:8 is permitted; if the height of the vehicle floor from which the ramp is deployed is greater than 9 inches above a 6-inch curb, a

slope of 1:12 shall be achieved. Folding or telescoping ramps are permitted provided they meet all structural requirements of this section.30.12.6 The boarding edge of the ramp shall have a 2” band of contrasting color.30.12.7 When in use for boarding or exiting, ramp shall be firmly attached to vehicle so that it is not subject to displacement when loading or unloading a heavy power mobility aid and that no gap between vehicle and ramp exceeds 5/8 inch.30.12.8 The vehicle must include an ADA compliant interlock system that prevents the vehicle from driving when the ramp is in use.

30.13. STEPWELL/DOORWAY ILLUMINATION30.13.1 Any step well or doorway immediately adjacent to the driver shall have, when the door is open, at least 2-foot candles of illumination measured on the step tread or platform.30.13.2 Other step wells and doorways, including doorways in which lifts or ramps areinstalled, shall have, at all times, 2 foot candles of illumination measured on the step tread, or lift or ramp, when deployed at the vehicle floor level.30.13.3 The vehicle doorways, including doorways in which lifts or ramps are installed, shall have outside light(s), which, when the door is opened, provided at least1-footcandle of illumination on the street for a distance of 3 feet perpendicular to all points on the bottom step tread outer edge. Such light(s) shall be located below window level and shielded to protect the eyes of entering and exiting passengers.

30.14. WHEELCHAIR ACCESSIBILITY SYMBOL A wheelchair accessibility symbol, (the international wheelchair accessibility symbol depicted on sign D9-6 in the “Manual of Uniform Traffic Control Devices,” published by the Federal Highway Administration) shall be affixed to the outside of each vehicle body at: a.) the ramp, either on one of the doors to the ramp entryway or immediately next to one of the doors, and b.) on the rear of each vehicle. The symbol shall be between 3” and 4” in overall height.

30.15. BACK UP WARNING DEVICE An Alabama Department of Transportation (DOT)compliant back up warning beeper is required.

30.16. OTHER REQUIREMENTS


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30.16.1 Any additional ADA requirements not listed must be included.30.16.2 Vehicles with modifications shall be Altoona tested for commercial durability and FMVSS 301 fuel system integrity, front, side and rear impact tested.

Section 31: Bid Evaluation and Award

Award of this invitation to bid will be made to the lowest responsive and responsible bidder for the Vehicle meeting or exceeding the equipment specifications specified herein.

The SARPC reserves the right to request any additional information it deems necessary from the apparent low bidder to determine bid responsiveness or bidder responsibility prior to awarding this invitation to bid. The SARPC will not allow a bidder’s failure to submit all requested information within the prescribed timeframe to delay the award of this bid.

Please note: Bid items for additional vehicle options will NOT factor into the award evaluation.

Section 32: Bid Submission Forms

The following seven (7) bid submission forms (beginning on the next page) should be submitted along in the bidder’s completed and submitted bid package. Where noted, bid submission forms must be notarized.


BID SUBMISSION FORM 1

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AFFIDAVIT

Pursuant to Sections 663.41 and 663.43 of 49 CFR chapter VI, I hereby certify that (Check A or B.):

(A) All vehicles proposed in this bid will comply with all relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in 49 CFR part 571 when delivered to the recipient agency.

OR

(B) All vehicles proposed in this bid are not subject to the Federal Motor Vehicle SafetyStandards issued by the National Highway Traffic Safety Administration in 49 CFR part571.

Signature Title

Company

Date

Sworn to and subscribed before me this day of , 20 .

Notary Public

Commission expires(Seal) , 20


BID SUBMISSION FORM 2

24

BIDDER CERTIFICATE STATEMENT

1. If the bidder is not the parent company, insert below the name and main office address of the parent company. (A parent company is one that owns at least a majority, fifty-one percent, of the voting rights and/or assets in that company.)

COMPANY NAME:

ADDRESS:

CITY, STATE ZIP:

I, , (authorized official - typed) (title)

for , the bidder, attest to the(Company name)

authority of to submit this bid proposal(executing agent - typed) on behalf of the bidder and the parent company if other than the bidder.

(authorized official - signature)

2. The bidder hereby certifies that they are not included on the United States Comptroller General’s list of persons or firms currently debarred for violations of various public contracts incorporating labor standard provisions.

3. 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 knowledge and behalf:

a) 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.

b) Unless otherwise required by Law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder prior to any competitor; and,


25

BID SUBMISSION FORM 2 (continued)BIDDER CERTIFICATE STATEMENT

c) 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.

(Signature)

(Company)

(Title)

(Date)

Sworn to and subscribed before me this day of , 20 .

Notary Public

Commission expires(Seal) , 20 .


26

BID SUBMISSION FORM 3BIDDER INTEGRITY CERTIFICATION Certification

Regarding Debarment, Suspension and OtherResponsibility Matters

The undersigned certifies to the best of their knowledge and belief that

(Company Name) and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

(2) Have not within a three year period preceding this transaction been convicted of or 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 transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicated for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated in paragraph (2) of this certification; and

(4) Have not within a three year period preceding this transaction had one or more public transactions terminated for cause or default.

certifies or affirms the(Company Name)

truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801 ET S E O. are applicable thereto.

(Signature)

(Title)

(Date)


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BID SUBMISSION FORM 4CERTIFICATION OF RESTRICTIONS ON LOBBYING

The undersigned hereby certifies 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 any 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 influencing or attempting to influence 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.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracted, sub-grants, and contracts under grant, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance is 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 Section 1352, Title 31, U.S. Code. 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.

Executed this day of , 20 .

(Signature)

(Title)

(Date)


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BID SUBMISSION FORM 5BUY AMERICA CERTIFICATION

VENDOR COMPLIANCE/NON-COMPLIANCE SELF-CERTIFICATION

A. Certification 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 49U.S.C. 5323(j)(2)(C) and the regulations at 49 CFR Part 661.

DATE:

SIGNATURE:

COMPANY NAME:

TITLE: OR

B. Certification 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 49U.S.C. 5323(j)(2)(C), but may qualify for an exemption pursuant to 49 U.S.C.5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7.

DATE:

SIGNATURE:

COMPANYNAME:

TITLE

A proposed list of Buy America components should be submitted in the bidder’s completed bid package showing how the 60% Buy America requirement will be met.

Page Intentionally Left Blank

29


BID SUBMISSION FORM 6TRANSIT VEHICLE MANUFACTURERS CERTIFICATION OF

COMPLIANCE WITH 49 CFR PART 26DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION

This procurement is subject to the provisions of 49 CFR Part 26.49. Accordingly, the following certification should be completed and submitted with in the bidder’s completed bid package.

, a Transit Vehicle Manufacturer, hereby

certifies that _(Nameof Manufacturer) has complied with the DBE regulatory requirements of 49 CFR Part 26.49 addressing transit vehicle manufacturers. The required DBE certification information has been submitted to the Federal Transit Administration.

The _ (Name of Bidder), hereby certifies that the above manufacturer of the transit vehicle(s) to be supplied ,

(Name ofManufacturer) has complied with the above-referenced requirements of 49 CFR Part 26.49.

Signature: DateAuthorizing Official for Bidder

Typed Name:

Title

Name of Firm:

30


30

BID SUBMISSION FORM 7FMVSS/BUS TESTING CERTIFICATION

VENDOR PRE-AWARD SELF-CERTIFICATION

The undersigned hereby certifies that the transit vehicle(s) to be provided through this contract meet all applicable Federal Motor Vehicle Safety Standards and bus testing requirements, if required.

A complete copy of the final bus testing results should be included in the bid package.

DATE:

SIGNATURE:

COMPANY NAME:

TITLE:

31

PROPOSAL CONTENTProposers are required to submit the following information. One original and one copy of the content is required. Failure to respond to each item may render the Proposal non-responsive, causing it to be rejected. Contents of Proposals shall be as follows:

A. Cover LetterThe cover letter shall state the Proposer’s name and summarize the main qualifications of the firm.

B. Vehicle Specifications and Warranty Information (page 35) Floor plan of vehicle

Any and all exceptions to the technical specifications must be noted

Delivery Schedule

C. ExperienceProvide a description of the firm’s experience in similar conversion projects and qualifications of individual/firm and any proposed subcontractors to perform these services. Include a description of the firm’s quality control management.

D. General Information Form and CertificationsComplete all the forms and certifications included with this ITB.

F. Altoona Test Include a copy of Altoona test certification results.

G. Financial statementA st atem ent indicating document from a guaranty confirming financial stability and capability to obtain resources to fully comply with all warranty and other obligations.

H. Cost WorksheetThe completed attached cost worksheet describing the proposed vehicle to be converted and accompanying accessories, along with the dealer’s information must be submitted.

32

Warranty Stations, Contractor Service and Parts Support DataLight Duty Buses

If location varies with end recipient location, bidder shall submit multiple forms.

Location of nearest Warranty Station Representative to AgencyName: Address: Telephone:Describe warranty services readily available from said representative:

Location of nearest Technical Service Representative to AgencyName: Address: Telephone:Describe technical services readily available from said representative:

Location of nearest Parts Distribution Center to Agency:Name: Address: Telephone:Describe the extent of parts available at said center:

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INVITATION TO BID 2019-5310-01PROPOSAL BID PRICE

Date:________________________________

Mail Sealed Proposals To:

South Alabama Regional Planning CommissionTransportation Department110 Beauregard Street, Suite 207Mobile, AL 36602

Vendor Name:_________________________

Address:_______________________________

______________________________________

City:__________________________________

State:________________ Zip:_____________

Authorized Name:______________________

Title: ________________________________

Signature:____________________________

Date:________________________________

DESCRIPTION UNIT PRICE TOTAL PRICERear EntrySide EntryOptionOptionOptionOption

VEHICLE MAKE & MODEL GVWR # OF DELIVERY DAYS AFTER RECEIPT OF PO

ENGINE MAKE ENGINE MODEL/DISPLACEMENT

Number of months of warranty, A/C: Number of miles of warranty, A/C:

Number of months of warranty, Chassis: Number of miles of warranty, Chassis:

34

INVITATION TO BID 2019-5310-01PROPOSAL BID PRICE

Number of months of warranty, Body: Number of miles of warranty, Body:

35

SOUTH ALABAMA REGIONAL PLANNING COMMISSION OFFICE OF CONTRACT

SALES PURCHASING SERVICES

INST R UCT I ONS, T ERMS A N D C O NDITI ON S FOR BI D D I NG

1. The original bid response and one copy must be submitted in a sealed envelope (envelope means any type of sealed, opaque container) with the bid number clearly marked on the outside of the envelope. If bidder is using an “Express Mail” or similar type of service, the bid response must be contained in a sealed envelope within the “Express” mailer (the bid number must be listed on the exterior of the sealed envelope contained within the “Express” mailer). A bid that is not properly and clearly marked and is inadvertently opened, before the scheduled bid opening time, may be disqualified without additional consideration.

2. The original bid response and one copy (unless otherwise stated, hereinafter referred to as "bid") must be submitted to SARPC Transportation Department on or prior to 10:00 a.m, on the scheduled day of opening as listed on the Invitation to Bid (ITB). Bids must be delivered to: South Alabama Regional Planning Commission, Transportation Department 110 Beauregard Street, Mobile, AL 36602. For hand delivery of bids, the Transportation Department, is located on the 2ndt

floor of the building. Bids shall be considered late if not delivered by 10:00 am. Delivery to any other location, does not constitute bid being received by SARPC Transportation Department. Bids submitted with insufficient postage will not be accepted. Bids will be received during regular business hours, 8:00 a.m. - 4:30 p.m., Monday through Friday, excluding recognized holidays. Bids with stamped or copied signatures will be considered non-responsive. Telegraphic, facsimiles, or any other mode of transmission other than stated above shall not be considered as a valid submission to SARPC. Bidders using "express mail" or similar types of service, should verify with the service as to which address is required to ensure proper delivery of the response to SARPC. SARPC will not be held liable for non- delivery and/or late delivery of any bid response due to a bidder listing an incorrect address.

3. The original bid response with all pages must be properly completed, signed by the bidder, accompanied by copies of all necessary supportive documentation and returned in its entirety. The original bid response must contain an authorized original signature of the bidder on the signature page. If the entire ITB is not submitted with all pages, the bid may be deemed non responsive and ineligible for award. One copy of the completed bid is also requested.

4. Any bid received after 10:00 am., on the scheduled day of opening, will be marked as late, remain sealed, and will receive no further consideration for award. Late bids will be returned to the Vendor. Bidders should allow sufficient time for mailing/delivery of their bids to ensure delivery to SARPC prior to the opening time and date. SARPC will not be responsible for a late bid due to failure of the bidder to allow sufficient time for mailing/delivery of the bid.

5. In order to protect the integrity of the bidding process, bids shall not be prepared, completed or altered on the premises of SARPC. Any bid which is prepared, completed or altered on the premises of SARPC shall be immediately disqualified and receive no further consideration for award.

6. SARPC is required to notify potential bidders of bidding opportunities. The A copy of this ITB may be obtained by visiting the Transportation Department during regular business hours. Vendors who wish to become registered to receive ITBs from the SARPC Transportation Department by email, should email the Transportation Department at [email protected] for further information.

mailto:[email protected]

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7. Bids shall be publicly opened, at SARPC Transportation Department, starting at 10:01 am. on the scheduled date of opening. All bids will be opened and read. Bids, unless otherwise provided herein, are subject to the Alabama Public Bid Law. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of SARPC. To expedite and properly respond to such public records requests, a written request should be submitted. To prevent delays in evaluating bids and awarding contracts, such requests for recently opened bids, will be honored upon completion of the contract award by the Director of SARPC. Bidder may request that certain information, such as trade secrets or proprietary data, be designated as confidential and not considered as public record. Material so designated shallaccompany the bid and be in a sealed container duly marked, and shall be readily separable from the bid in order to facilitate public inspection of non-confidential portion. Prices, makes, models, catalog numbers of items offered, deliveries and terms of payment shall not be considered as confidential. The decision as to whether or not such trade secrets or proprietary data shall be disclosed at the bid opening rests solely with the Department.

8. PRE-BID QUESTIONS/INQUIRIES: If any bidder discovers an inconsistency, error, or omission in this ITB, the bidder should request clarification. Any pre-bid questions or inquiries must be submitted electronically and must be received no later than December 14, 2018. The Department may find a bidder non-responsive for failing to adhere to this written policy.

Pre-bid questions and request for approved equals must be submitted electronically through email:

[email protected]

Form for request of approved equals can be found at: http://www.mobilempo.org/ITB.html

Form is also found on page next page.Answers to Pre-Bid Questions/Inquiries will be posted on the following document available for download at the following website:

http://www.mobilempo.org/ITB.html

The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. Any addenda issued will be emailed to all known bidders and also posted to the Department’s website:


Please note: The Department emails addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s failure to receive the email with the addenda information. It is the responsibility of all bidders to check the website to see if any addenda have been issued prior to submitting their bid to the Department.



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Request for Pre-Bid Change/Exception/Approved Equal FormThis form must be used for requested clarifications, changes, exceptions, substitutes or approval of items equal to items specified with a brand name and must be submitted as far in advance of the Due Date, as specified in “Questions, Clarifications, Alternates and Omissions.” Pros/cons and other justifications shall be explained below. Technical and all other supporting information shall be attached.

Bidder:IFB Number:Section: Page:

Questions/clarification, exception/deviation or approved equal: ]

□ Approved □ DeniedAgency action: □ See addendum □ See response below

Agency response: Request #

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ST A ND A RD TE RMS A ND CO N D ITIONS

1. HEADINGS: The headings used in this Invitation to Bid (hereinafter referred to as an "ITB") are for convenience only and shall not affect the interpretation of any of the terms and conditions thereof. When terms and conditions set forth elsewhere in the ITB conflict with these terms and conditions, the ITB standard terms and conditions shall prevail.

2. GOVERNING LAW/SEVERABILITY: The ITB, award and the agreement entered into with the successful bidder (hereinafter referred to as "the Contract)" are governed by the laws of the State of Alabama. If any provision of this Contract, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Contract, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby.

3. INFORMATION REQUESTED: Bidders shall furnish all information as requested in the ITB. At the discretion of the Director, additional information, necessary for evaluation of the bid, may be attached to the bid and shall be properly identified as being part of the bid. SARPC reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the ITB. SARPC also reserves the right to require a Vendor to have a complete W-9 on file with the Department prior to a contract being awarded. Failure to provide the required information or a complete W-9 may render the bid invalid.

4. SAMPLES REQUESTED: When requested, samples shall be furnished at bidders' expense, and unless otherwise specified, prior to opening of the bid. Samples shall be clearly identified by bidder's name, the bid number, corresponding item in the bid and bid opening date. SARPC acknowledges that it may receive bids from multiple distributors bidding the same manufacturer's products. In such situations, samples may be submitted by manufacturers on behalf of multiple distributors, provided that such samples shall be accompanied by written documentation, on manufacturer's letterhead, signed by authorized representative of manufacturer, listing the named distributors for whom the samples are provided. Any bidder not appearing on this listing and who has failed to furnish requested samples shall be considered non-responsive. Unless otherwise stated, any sample submitted with the bid shall not be deemed to vary from any of the provisions, specifications, or terms and conditions of the bid. When requested in writing, samples not destroyed in testing, shall be returned at the bidder's expense. Samples not so requested shall become the property of SARPC. Unsolicited samples which are submitted, shall be at the bidder's risk and, shall not be examined or tested, and shall not be considered in the evaluation process. SARPC reserves the right to request samples although such may not have been set forth in the ITB.

5. SPECIFICATIONS: SARPC is authorized to prepare specifications to obtain supplies and services.

The purpose of the specification is to describe the supplies or services to be purchased and will serve as a basis for comparison of quotes. SARPC may use any form of specification it determines to be in the best interest of the Agency and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the agency determines that a design, performance or a combination specification is not in the best interest of the Agency, it may use brand name or equal specifications. Wh e re a brand name o r eq u al sp e c ification is used, use of brand na me is for t he pur p ose of describ i ng the base stan d ard of q uality, performance and char a c t e rist i c s desired and i s not intend e d to limit or restr i ct com p etition. Substantially equivalent s u ppli e s or s e rvic e s to those des i gnat e d will be cons i d e red for aw a rd.

6. UNIT PRICE GOVERNS: The unit price governs the award unless otherwise specified in the ITB.The unit price must be entered for each item being bid. Use of ditto marks, arrows, or other markings in lieu of the actual unit price shall be deemed non-responsive. Lot prices listed in the unit price area shall be considered as the unit price unless clearly identified as the lot price. Any request to change or alter the price after opening of the bid shall not be allowed. Bidders should

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review bid pricing carefully, as once a contract is awarded; the Vendor shall be required to deliver the goods or services at the prices quoted. Bidders shall not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not used in the evaluation of the bid or payment thereof.

7. BIDS FIRM: Once opened, all bids are firm and cannot be altered. Once a contract is awarded, the Vendor shall deliver at the prices and terms quoted. The South Alabama Regional Planning Commission shall receive the benefit of any decrease in price during the guaranteed price period. Unless otherwise stated, all bids shall remain valid for a period of sixty (60) calendar days after the bid opening date.

8. MODIFICATION OF BIDS: A bidder may request to modify their bid response prior to the scheduled date and time set for bid opening. If changes or alterations are made to the bid response, the original information must be lined or opaqued out with the new information inserted. All changes, corrections, or alterations must be legible and initialed by the bidder. Illegible modifications shall result in disqualification of the items. Failure of the bidder to initial any such modifications may result in disqualification of the items which have been modified. SARPC reserves the right to request written certification from the bidder verifying that such changes were made by the bidder and are applicable to the ITB and any resulting contract. All documents relating to the modification shall be made a part of the bid file.

9. WITHDRAWAL OF BIDS: Prior to the scheduled time and date for opening: A bidder may, by written notice to the Transportation Director of SARPC, request to withdraw their bid response. Such written notice must set forth reasons for the withdrawal. After bid opening, a bidder may request to withdraw their bid response from consideration if the price bid is substantially lower than the other bids, providing the bid was submitted in good faith, and the reason for the bid price being substantially lower was due to an unintentional and substantial arithmetical error or unintentional omission of a substantial quantity of material or labor in the compilation of the bid. Written notice of any such request to withdraw must be sent by fax, email, or certified mail, and received within forty-eight hours after the bid opening date. All requests to withdraw a bid must be placed in writing to the Transportation Director of SARPC and no bid may be withdrawn without written approval from the Transportation Director of SARPC. The decision to allow a bid to be withdrawn is at the sole discretion of the Transportation Director of SARPC. If the bid is to be awarded by category, the withdrawal request will apply to all items within the category. All documents relating to any withdrawal request will become a part of the permanent bid file.

10. TAXATION: SARPC is exempt from federal excise taxes and all state and local taxes, unless otherwise provided herein. SARPC does not agree to pay any taxes on commodities, goods, or services acquired from any Vendor.

11. REJECTION OF ANY/ALL BIDS: The Director of Transportation for SARPC reserves the right to accept, or reject, any or all bids, in whole or in part, and may determine that any irregularities or deviations from the specifications do not result in the bid being non-responsive, provided however, that the Transportation Director of SARPC determines that this does not affect the amount of the bid or result in a competitive advantage to the bidder.

12. DISQUALIFICATION OF BIDDERS: Any of the following reasons may be considered as being sufficient for the disqualifications of a bidder and the rejection of their proposal:

A. More than one proposal for the same work from an individual, firm or corporation under the same or different name.

B. Evidence of collusion among bidders.

C. Bid prices which are in SARPC's opinion unbalanced.

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The bid supplied by a disqualified bidder shall be rejected, and the disqualification determination will be used to evaluate the responsibility of the bidder in future ITBs.

The SARPC will not award a contract for goods or services, funded in whole or in party with Federal funds, to a Vendor who has been suspended or debarred from doing business with the State of Alabama or who appears on the Federal List of Excluded Parties Listing System http:/www. e p l s .go v /.

12B. DISTRIBUTOR’S DISCLOSURE INFORMATION: Bidders who are not the original manufacturer of the product to be supplied to SARPC are required to supply the name of the original manufacturer. Thus, if the bidder is not the manufacture of the product supplied to SARPC, the bidder should disclose the following: The name, Chief Operating Officer, location, primary phone contact number, and primary vendor contact individual of the manufacturing company. Thebidder should also disclose any other relevant information that would allow SARPC to evaluate the product or producer. Failure to provide any of the above information may deem the bidder non-responsive.

13. CREATION OF THE CONTRACT: A contract is created between the Vendor and the South Alabama Regional Planning Commission when the Director of Transportation accepts the competitive bid and acknowledges the acceptance in writing. The contract shall become operational only when either a purchase order has been issued to the awarded Vendor. The contract shall contain all the terms and conditions of this ITB, as well as the accepted responses in the bid proposal, except that no responses may change or alter the terms and conditions of this ITB.

This Contract will be constructed in accordance with the plain meaning of its language and neither for nor against the drafting party.

14. NON-ASSIGNMENT OF INTEREST: The Vendor shall not assign any interest, duty or right under the Contract, in whole or in part, without prior written approval from the Director of SARPC.

15. PURCHASE ORDER/PAYMENT CARD REQUIRED: The SARPC is not obligated to purchase any goods or services provided by the Vendor as a result of the award of the contract to the Vendor. An official SARPC purchase order must contain approval signatures the Director of Transportation. The approved purchase order shall authorize the Vendor to provide goods or services listed on the order and will obligate SARPC to pay for such goods or services upon completion of delivery or performance of service by the Vendor. Any order placed, not using an approved SARPC purchase order, shall not be considered a valid order and may result in denial of payment and/or return of goods at the Vendor's expense.

16. DELIVERY/FREIGHT CHARGES: Unless otherwise stated, SARPC shall not be responsible for freight or delivery charges. Prices are to be based upon the products or services being offered F.O.B. destination, freight prepaid by the Vendor to the locations set forth in the ITB or as listed on the purchase order issued pursuant to any contract awarded. Any shipment marked C.O.D. shall be rejected and returned at the Vendor’s expense.

17. DELIVERY/INSPECTION, ACCEPTANCE AND AMENDMENTS: Upon delivery of the product/service, SARPC retains the right to inspect the product/service prior to final acceptance and/or payment for the product/service. The purpose of the inspection process is to ensure that the product/service is in compliance with the specifications set forth in the awarded contract. In the event that the product/service does not meet the specifications, SARPC shall notify the Vendor for removal/replacement of the product or service. SARPC shall retain all rights and remedies as described herein.

No amendment or modification of this Contract will be effective unless it is in writing and signed by both parties.

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20. INVOICING & PAYMENT:

A. In consideration for Vendor’s performance, SARPC shall pay Vendor directly at the rate specified in the Bid.

B y Purchase Order Upon delivery of goods or performance of the service, as described on any purchase order placed against the Contract, Vendor shall submit proper invoices within 30 calendar days after SARPC’s receipt of goods or services. A proper invoice is defined as being free from defects, discrepancies, errors or other improprieties and shall include, but may not be limited to:1) Vendor's name and address as designated in the Quote.2) Vendor's federal E.I. number.3) Invoice remittance address as designated in the Quote.4) The Purchase Order number authorizing the purchase of goods or services.5) Description, including time period, unit price, quantity, and total price of goods or

services delivered or rendered as specified in the Quote.6) Assessments for load limit violations, non-compliance with specifications,

late delivery, and other necessary deductions have been properly applied, etc.

21. BREACH OF CONTRACT:

A. When the Vendor fails to perform its contract obligations or refuses to correct problems identified by department personnel or fails to perform with diligence and adequate effort as required to complete the contract in a timely manner, the Vendor will be declared to be in breach of contract. A Vendor complaint form will be filed by the district with the Office of Contracts, Purchasing Services.

B. The Vendor shall be given a written notice of its breach of contract by the Department. This notice will clearly state the performance problems that need to be cured. The notice will be sent certified or express mail.

C. The Vendor shall commence its cure within ten (10) calendar days or within a time frame agreed upon by the parties or risk being defaulted. If the performance problems have not been cured or good faith efforts have not been made within either the ten (10) calendar day period or another agreed upon time frame, the Director may declare the Vendor in default.

22. TERMINATION FOR CAUSE - DEFAULT

A. When the Vendor is declared to be in default, a written Notice of Default will be faxed and sent certified or express mail to the Vendor and the contract will be terminated.

B. Once the Vendor has been defaulted and the contract is terminated the Vendor shall cease all work or deliveries. Further, all pay estimates or invoices shall cease until the department conducts a final accounting.

C. The department may take possession of all materials, supplies and equipment at the project or those stored off site for which the department has paid the Vendor. The department may complete the work by such means as it deems appropriate. The department may also purchase, on the open market, any materials or supplies that have not been delivered by the Vendor.

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D. If the department incurs further expense in completing the work or purchasing materials or supplies on the open market, the excess costs shall be paid by the terminated Vendor.

23. FORCE MAJEURE: Except as otherwise provided herein, neither the Vendor nor SARPC shall be liable to the other for any delay or failure of performance of any provisions contained herein, nor shall any such delay or failure or performance constitute default hereunder, to the extent that such delay or failure is caused by force majeure. The term force majeure, as used herein shall mean without limitation: acts of God such as epidemics; lightning; earthquakes; fire; storms; hurricanes; tornadoes; floods; washouts; droughts, or other severe weather disturbances; explosions; arrests; restraint of government and people; and other such events or any other cause which could not be reasonably foreseen in the exercise of ordinary care, and which is beyond the reasonable control of the party affected and said party is unable to prevent.

24. NON-DISCRIMINATION/COMPLIANCE WITH APPLICABLE LAWS: The Vendor, as a term of the Contract, shall comply with Civil Rights Act of 1964, the Federal Rehabilitation Act of 1973, any and all applicable Federal Executive Orders, any and all applicable Alabama Governor Executive Orders, and any and all other statutes, rules and regulations pertaining to non-discrimination.

25. TERMINATION OR SUSPENSION: Any contract awarded as a result of this proposal may be terminated by either party after the expiration of sixty (60) days from the effective date of the contract by giving thirty (30) days prior written notice of intent to cancel to the other party. However, in the event that services/materials supplied by the Vendor do not comply with the terms/specifications in this invitation, the Department of Transportation reserves the right to cancel this contract immediately. Notwithstanding the above, the Department further reserves the right to cancel this contract for the following reasons within the following respective time frames.

A. TERMINATION FOR FINANCIAL INSTABILITY: SARPC may cancel this contract immediately by written notice to the Vendor if a petition in bankruptcy or similar proceeding has been filed by or against the Vendor.

B. CANCELLATION: Any contract awarded in error may be rescinded at the Directors discretion. If cancellation is for the convenience of SARPC, the Vendor will be entitled to compensation for any deliverable that the Vendor has delivered before the cancelation. Such compensation will be the Vendor’s exclusive remedy and provided only after a proper invoice is submitted and approved by SARPC.

C. TERMINATION FOR DELINQUENCY, VIOLATION OF LAW: SARPC may terminate this Contract by written notice, if it determines that Vendor is delinquent in its payment of federal, state or local taxes, workers’ compensation, insurance premiums, unemployment compensation contributions, child support, court costs or any other obligation owed to a state agency or agency. SARPC also may cancel this Contract, if it determines that Vendor has violated any law during the performance of this Contract. However, SARPC may not terminate this Contract if the Vendor has entered into a repayment agreement with which the Vendor is current.

D. TERMINATION FOR SUBCONTRACTOR DEFAULT: SARPC may terminate this Contract for the default of the Vendor or any of its subcontractors. The Vendor will be solely responsible for satisfying any claims of its subcontractors for any suspension or termination and will indemnify SARPC for any liability to them. Subcontractors will hold SARPC harmless for any damage caused to them from a suspension or termination.

The subcontractors will look solely to the Vendor for any compensation to which they may be entitled.

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26. INDEMNIFICATION: The Vendor shall defend, indemnify and hold harmless SARPC for any and all claims, damages, lawsuits, costs, judgments, expenses or any other liabilities which arise as a result of the services performed by the Vendor or its employees or agents which is in any way connected with, or based upon services rendered in performance of the Contract. Reference107.12 the Construction & Materials Specification handbook.

27. CONFIDENTIALITY: The Vendor acknowledges that some of the information, documents, data, records, or other material provided by SARPC during the performance of the Contract may be of a confidential nature. The Vendor agrees that it will not disclose any information obtained by it as a result of the Contract, without written permission from the Director of SARPC. Further, Vendor agrees to make all reasonable efforts to ensure that no such confidential information is disseminated by its employees. The restrictions herein shall survive termination of the Contract. The Vendor shall assume that all aspects of information, documents, data, records or other material are confidential unless otherwise indicated.

28. CONFIDENTIAL DATA: SARPC reserves the right to request additional confidential information, including but not limited to financial information, to be used for evaluation purposes even though such information may not have been required by the ITB. In the event such information is requested, SARPC agrees to retain such information as confidential to the extent permitted by law.

29. DRUG-FREE WORKPLACE: By virtue of the signature on the last page of this ITB, the bidder certifies, to the best of his/her ability, that its employees will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs, in any way, while working on state property. Failure to comply will result in immediate termination of any contract awarded and the Vendor will be subject to the provisions as set forth in Paragraph 21.

30. WORKERS’ COMPENSATION: Vendor shall be in compliance with all State and Federal laws pertaining to the type of service requested, such as Workers’ Compensation. SARPC is hereby released from any and all liability for injury received by the Vendor, its employees, agents, or subcontractors, while performing tasks, duties, work, or responsibilities as set forth in this contract.

31. PROTEST PROCEDURE:An apparent low bidder found not to be responsive or responsible shall be notified of that finding and the reasons for it. The notification shall be given in writing and by certified mail.

Bidder shall have five (5) calendar days after receipt of notification to file a written protest. The Department shall meet with the apparent low bidder or bidders at their option upon the filing of a timely written protest.

No final award shall be made until the Department either affirms or reverses its earlier determination.

32. TIE BID PROCESS: If two or more bidders are found to have the same bid and are both responsive and responsible, SARPC will break the tie as follows: during the bid evaluation process, the bidders that submitted tie bids will be contacted and given a deadline to submit a written revised unit price for the affected item or items. If a tie still exists, SARPC may repeat this process or look to past or current performance in order to secure the item or items. SARPC will not allow a tie bid situation to otherwise unnecessarily delay a potential award.

33. DEVIATIONS: Statements or modifications that deviate from the Invitation’s terms, conditions, specifications and requirements (such as altering delivery, changing F.O.B., price list changes, etc.) may render the bid non-responsive if the Director determines that the deviation or modification affects the amount of the bid or results in a competitive advantage for the bidder.

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Sealed replies to this invitation must be received at the following address on or before 10:00 a.m. on the opening date.

South Alabama Regional Planning Commission

Transportation Department, 2nd floor110 Beauregard StMobile, AL 36602

Office Hours 8:00 a.m. to 4:30 p.m., M-F

SIGNATURE PAGEInvitation No. 2019-5310-01

Title: Converted Wheelchair Accessible Mini-Van

Failure to return all the pages of this ITB and sign on this page as indicated shall render your bid non- responsive and ineligible for award.

Your signature indicates that you attest to all statements made in this Invitation to Bid, including but not limited to the Buy America Statement, and that you have read, understand and hereby agree to be bound by all South Alabama Regional Planning Commission terms, conditions, specifications, requirements and addenda relating to this invitation.

Date:

By: Authorized signature by Officer of the Company (Signature should be in a color other thanBlack)

Type or print name shown above

Title of Officer Signing

Name of Company

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