state of nebraska (state purchasing bureau)das.nebraska.gov/materiel/purchasing/5509/5509 of...

TABLE OF CONTENTS

GLOSSARY OF TERMS............................................................................................................................................................................. iv

I. SCOPE OF THE INVITATION TO BID (ITB).................................................................................................................................1

A. SCHEDULE OF EVENTS................................................................................................................................................1

II. PROCUREMENT PROCEDURES.................................................................................................................................................2

A. PROCURING OFFICE AND CONTACT PERSON.........................................................................................................2B. GENERAL INFORMATION.............................................................................................................................................2C. COMMUNICATION WITH STATE STAFF AND EVALUATORS.....................................................................................2D. WRITTEN QUESTIONS AND ANSWERS......................................................................................................................2E. SUBMISSION OF BIDS................................................................................................................................................... 3F. IMPORTANT NOTICE LANGUAGE................................................................................................................................3G. DISCOUNTS.................................................................................................................................................................... 3H. PRICE ADJUSTMENTS DURING CONTRACT TERM...................................................................................................3I. PAYMENT....................................................................................................................................................................... 3J. BID EXECUTION............................................................................................................................................................. 3K. BID OPENING................................................................................................................................................................. 3L. ELECTRONIC DOCUMENTS/FACSMILIE SUBMISSIONS...........................................................................................4M. VALID BID TIME.............................................................................................................................................................. 4N. ALTERNATE/EQUIVALENT BIDS..................................................................................................................................4O. LATE BIDS...................................................................................................................................................................... 4P. NO BID............................................................................................................................................................................ 4Q. LUMP SUM OR ALL OR NONE BIDS.............................................................................................................................4R. REJECTION OF BIDS..................................................................................................................................................... 4S. EVALUATION OF BIDS................................................................................................................................................... 4T. BID TABULATIONS......................................................................................................................................................... 4U. MANDATORY REQUIREMENTS....................................................................................................................................5V. REFERENCE CHECKS................................................................................................................................................... 5W. RECYCLING.................................................................................................................................................................... 5X. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS.................................................5Y. RESIDENT BIDDER........................................................................................................................................................ 5Z. EVALUATION CRITERIA AND AWARD.........................................................................................................................5AA. POLITICAL SUB-DIVISIONS...........................................................................................................................................6BB. VIOLATION OF TERMS AND CONDITIONS..................................................................................................................6

III. INVITATION TO BID - TERMS AND CONDITIONS.....................................................................................................................7

A. GENERAL........................................................................................................................................................................ 7B. DEBARMENT.................................................................................................................................................................. 7C. SPECIFICATIONS........................................................................................................................................................... 8D. PERFORMANCE AND DEFAULT...................................................................................................................................8E. DRUG POLICY................................................................................................................................................................ 8F. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION

8G. PERMITS, REGULATIONS, LAWS.................................................................................................................................9H. COOPERATION WITH OTHER CONTRACTORS..........................................................................................................9I. CONTRACTOR RESPONSIBILITY.................................................................................................................................9K. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS......................................................................................10L. RIGHT TO AUDIT.......................................................................................................................................................... 10M. CONFLICT OF INTEREST............................................................................................................................................11N. BID PREPARATION COSTS.........................................................................................................................................11O. ERRORS AND OMISSIONS.........................................................................................................................................11P. ASSIGNMENT BY THE STATE....................................................................................................................................11Q. ASSIGNMENT BY THE CONTRACTOR.......................................................................................................................12R. GOVERNING LAW........................................................................................................................................................ 12S. ATTORNEY'S FEES...................................................................................................................................................... 12T. ADVERTISING.............................................................................................................................................................. 12U. NOTIFICATION............................................................................................................................................................. 12V. EARLY TERMINATION................................................................................................................................................. 13

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W. BREACH BY CONTRACTOR........................................................................................................................................14X. ASSURANCES BEFORE BREACH..............................................................................................................................14Y. ACCEPTANCE AND PAYMENT OF GOODS...............................................................................................................14Z. FORCE MAJEURE........................................................................................................................................................ 15AA. PROHIBITION AGAINST ADVANCE PAYMENT..........................................................................................................15BB. PAYMENT..................................................................................................................................................................... 15CC. INVOICES...................................................................................................................................................................... 15DD. TAXES........................................................................................................................................................................... 16EE. SEVERABILITY............................................................................................................................................................. 16FF. PROPRIETARY INFORMATION...................................................................................................................................16GG. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING..........................................17HH. PRICES......................................................................................................................................................................... 17II. ETHICS IN PUBLIC CONTRACTING............................................................................................................................18JJ. INDEMNIFICATION....................................................................................................................................................... 18KK. ANTITRUST................................................................................................................................................................... 19LL. EMPLOYEE WORK ELIGIBILITY STATUS..................................................................................................................19

IV. SCOPE OF WORK...................................................................................................................................................................... 20

A. SCOPE.......................................................................................................................................................................... 20B. AMENDMENT................................................................................................................................................................ 20C. REVISIONS................................................................................................................................................................... 20

V. PROCUREMENT REQUIREMENTS FOR SMALL BUSES........................................................................................................21

A. FLOOR PLAN................................................................................................................................................................ 21B. WARRANTY PROVISIONS...........................................................................................................................................21C. ROYALTIES AND LICENSE FEES...............................................................................................................................21D. FEDERAL MOTOR VEHICLE SAFETY STANDARD AND AMERICANS WITH DISABILITIES ACT (ADA)................21E. MANUALS, MANUFACTURER’S STATEMENT OF ORIGIN (MSO) AND ETC...........................................................22F. PRIOR TO DELIVERY, EACH VEHICLE SHALL BE COMPLETELY SERVICED.......................................................22G. VEHICLE DELIVERY..................................................................................................................................................... 22H. IF VEHICLE DOES NOT COMPLY...............................................................................................................................23I. GRIEVANCES AND PROTESTS..................................................................................................................................23J. TERMINATION FOR CONVIENANCE..........................................................................................................................24K. TERMINATION FOR DEFAULT....................................................................................................................................24L. NO OBLIGATION BY THE FEDERAL GOVERNMENT................................................................................................24M. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS......................................24N. FEDERAL CHANGES................................................................................................................................................... 25O. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS.........................................................25P. CIVIL RIGHTS............................................................................................................................................................... 25Q. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS...........26R. ENERGY CONSERVATION REQUIREMENTS............................................................................................................27S. CLEAN WATER REQUIREMENTS...............................................................................................................................27T. CLEAN AIR REQUIREMENTS......................................................................................................................................28U. BUS TESTING............................................................................................................................................................... 28V. PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS.................................................................................28W. RESTRICTIONS ON LOBBYING..................................................................................................................................29X. BUY AMERICA.............................................................................................................................................................. 29Y. DISADVANTAGED BUSINESS ENTERPRISES (DBE)................................................................................................29Z. ACCESS TO RECORDS...............................................................................................................................................30AA. DISPUTE, BREACHES AND OTHER LITIGATION......................................................................................................31BB. CARGO PREFERENCE................................................................................................................................................31CC. FLY AMERICA............................................................................................................................................................... 32DD. OVERTIME REQUIREMENTS......................................................................................................................................32EE. VIOLATION; LIABILITY FOR UNPAID WAGES’ LIQUIDATED DAMAGES.................................................................32FF. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES.....................................................................33GG. SUBCONTRACTS......................................................................................................................................................... 33HH. PAYROLLS AND BASIC RECORDS............................................................................................................................33II. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT..................................................................................34JJ. SUBCONTRACTS......................................................................................................................................................... 34

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KK. ADA ACCESS................................................................................................................................................................ 34LL. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES........................................................................................35MM. NEW EMPLOYEE WORK ELIGIBILITY STATUS.........................................................................................................35NN. SPECIAL PROVISION-TEXT MESSAGING WHILE DRIVING.....................................................................................36OO. ASSIGNMENT AND SUBCONTRACTING....................................................................................................................37PP. LICENSING REQUIREMENTS.....................................................................................................................................37QQ. FACTORY INSPECTION...............................................................................................................................................37

VI. INVITATION TO BID - TECHNICAL SPECIFICATIONS............................................................................................................38

A. NON-COMPLIANCE STATEMENT...............................................................................................................................38B. GENERAL REQUIREMENTS........................................................................................................................................39C. GENERAL DIMENSIONS AND CAPACITITES.............................................................................................................40D. CHASSIS AND RELATED SYSTEMS...........................................................................................................................40E. AUXILIARY SYSTEMS, MISCELLANEOUS PARTS, AND ACCESSORIES...............................................................42F. EMERGENCY EQUIPMENT.........................................................................................................................................43G. BUS BODY.................................................................................................................................................................... 43H. WINDSHIELD AND WINDOWS....................................................................................................................................44I. DOORS.......................................................................................................................................................................... 45J. SEATS AND AISLE....................................................................................................................................................... 45K. FRONT WHEELCHAIR ACCOMMODATIONS.............................................................................................................46L. STANCHIONS, MODESTY PANELS AND HANDRAILS..............................................................................................48M. FINISHES...................................................................................................................................................................... 48N. MOTOR VEHICLE INDUSTRIES REGULATION ACT..................................................................................................49O. SUSTAINABILITY.......................................................................................................................................................... 50R. ORDERS....................................................................................................................................................................... 50X. WITHDRAWAL OF BID................................................................................................................................................. 52

FIGURE 1 Floor Diagram......................................................................................................................................................................... 54

BIDDER’S CHECKLIST............................................................................................................................................................................. 55

CERTIFICATION OF COMPLIANCE WITH FTA’S BUS TESTING REQUIREMENTS............................................................................56

CERTIFICATION REGARDING LOBBYING.............................................................................................................................................57

BUY AMERICA.......................................................................................................................................................................................... 58

DISADVANTAGED BUSINESS ENTERPRISES CERTIFICATION..........................................................................................................59

FEDERAL MOTOR VEHICLE SAFETY STANDARDS CERTIFICATION................................................................................................60

FORM A BIDDER CONTACT SHEET...................................................................................................................................................... 61

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GLOSSARY OF TERMS

Acceptance Test Procedure: Benchmarks and other performance criteria, developed by the State of Nebraska or other sources of testing standards, for measuring the effectiveness of products or services and the means used for testing such performance.

Addendum: Something to be added or deleted to an existing document; a supplement.

After Receipt of Order (ARO): After Receipt of Order

Agency: Any state agency, board, or commission other than the University of Nebraska, the Nebraska State colleges, the courts, the Legislature, or any other office or agency established by the Constitution of Nebraska.

Agent/Representative: A person authorized to act on behalf of another.

Amend: To alter or change by adding, subtracting, or substituting.

Amendment: A written correction or alteration to a document.

Appropriation: Legislative authorization to expend public funds for a specific purpose. Money set apart for a specific use.

Award: All purchases, leases, or contracts which are based on competitive bids will be awarded according to the provisions in the Invitation to Bid. The State reserves the right to reject any or all bids, wholly or in part, or to award to multiple bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the bid, and do not improve the bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State.

Bid/Proposal: The offer submitted by a vendor in a response to written solicitation.

Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the vendor will not withdraw the bid.

Bidder: A vendor who submits an offer bid in response to a written solicitation.

Business: Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture, or any other private legal entity.

Business Day: Any weekday, except State-recognized holidays.

Calendar Day: Every day shown on the calendar including Saturdays, Sundays, and State/Federal holidays.

Cancellation: To call off or revoke a purchase order without expectation of conducting or performing it at a later time.

Central Processing Unit (CPU): Any computer or computer system that is used by the State to store, process, or retrieve data or perform other functions using Operating Systems and applications software.

Change Order: Document that provides amendments to an executed purchase order.

Collusion: An agreement or cooperation between two or more persons or entities to accomplish a fraudulent, deceitful, or unlawful purpose.

Commodities: Any equipment, material, supply or goods; anything movable or tangible that is provided or sold.

Commodities Description: Detailed descriptions of the items to be purchased; may include information necessary to obtain the desired quality, type, color, size, shape, or special characteristics necessary to perform the work intended to produce the desired results.

Competition: The effort or action of two or more commercial interests to obtain the same business from third parties.

Confidential Information: Unless otherwise defined below, “Confidential Information” shall also mean proprietary trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. §84-712.05(3)). In accordance with Nebraska Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive.

Contract: An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law; the writing that sets forth such an agreement.

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Contract Administration: The management of the contract which includes and is not limited to contract signing, contract amendments and any necessary legal actions.

Contract Management: The management of day to day activities at the agency which includes and is not limited to ensuring deliverables are received, specifications are met, handling meetings and making payments to the Contractor.

Contract Period: The duration of the contract.

Contractor: Any individual or entity having a contract or awarded purchase order to furnish commodities or services.

Cooperative Purchasing: The combining of requirements of two or more political entities to obtain advantages of volume purchases, reduction in administrative expenses or other public benefits.

Copyright: A property right in an original work of authorship fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt and distribute the work.

Critical Program Error: Any Program Error, whether or not known to the State, which prohibits or significantly impairs use of the Licensed Software as set forth in the documentation and intended in the contract.

Customer Service: The process of ensuring customer satisfaction by providing assistance and advice on those products or services provided by a Contractor.

Default: The omission or failure to perform a contractual duty.

Deviation: Any proposed change(s) or alteration(s) to either the terms and conditions or deliverables within the scope of the written solicitation or contract.

Evaluation: The process of examining an offer after opening to determine the vendor’s responsibility, responsiveness to requirements, and to ascertain other characteristics of the offer that relate to determination of the successful award.

Evaluation Committee: Committee(s) appointed by the requesting agency that advises and assists the procuring office in the evaluation of bids/proposals (offers made in response to written solicitations).

Extension: Continuance of a contract for a specified duration upon the agreement of the parties beyond the original Contract Period. Not to be confused with “Renewal Period”.

Free on Board (F.O.B.) Destination: The delivery charges are included in the quoted price and prepaid by the vendor. Vendor is responsible for all claims associated with damages during delivery of product.

Free on Board (F.O.B.) Point of Origin: The delivery charges are not included in the quoted price and are the responsibility of the agency. Agency is responsible for all claims associated with damages during delivery of product.

Foreign Corporation: A foreign corporation that was organized and chartered under the laws of another state, government, or country.

Installation Date: The date when the procedures described in “Installation by Contractor“, and “Installation by State”, as found in the RFP, ITB (written solicitation) or contract are completed.

Late Bid/Proposal: An offer received after the Opening Date and Time.

Licensed Software Documentation: The user manuals and any other materials in any form or medium customarily provided by the Contractor to the users of the Licensed Software which will provide the State with sufficient information to operate, diagnose, and maintain the Licensed Software properly, safely, and efficiently.

Mandatory/Must: Required, compulsory, or obligatory.

May: Discretionary, permitted; used to express possibility.

Module (see System): A collection of routines and data structures that perform a specific function of software.

Must: See Shall/Will/Must.

National Institute for Governmental Purchasing (NIGP): National Institute of Governmental Purchasing – Source used for assignment of universal commodity codes to goods and services.

Open Market Purchase: Authorization may be given to an agency to purchase items above direct purchase authority due to the unique

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nature, price, quantity, location of the using agency, or time limitations by the AS Materiel Division, State Purchasing Bureau.

Opening Date and Time: Specified date and time for the public opening of received, labeled, and sealed formal bids.

Operating System: The control program in a computer that provides the interface to the computer hardware and peripheral devices, and the usage and allocation of memory resources, processor resources, input/output resources, and security resources.

Outsourcing: The contracting out of a business process which an organization may have previously performed internally or has a new need for, to an independent organization from which the process is purchased back.

Payroll & Financial Center (PFC): Electronic procurement system of record.

Performance Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the Contractor fulfills any and all obligations under the contract.

Platform: A specific hardware and Operating System combination that is different from other hardware and Operating System combinations to the extent that a different version of the Licensed Software product is required to execute properly in the environment established by such hardware and Operating System combination.

Pre-Bid/Pre-Proposal Conference: A meeting scheduled for the purpose of clarifying a written solicitation and related expectations.

Product: Something that is distributed commercially for use or consumption and that is usually (1) tangible personal property, (2) the result of fabrication or processing, and (3) an item that has passed through a chain of commercial distribution before ultimate use or consumption.

Program Error: Code in Licensed Software which produces unintended results or actions, or which produces results or actions other than those described in the specifications. A program error includes, without limitation, any Critical Program Error.

Program Set: The group of programs and products, including the Licensed Software specified in the RFP, plus any additional programs and products licensed by the State under the contract for use by the State.

Project: The total scheme, program, or method worked out for the accomplishment of an objective, including all documentation, commodities, and services to be provided under the contract.

Proposal: See Bid/Proposal.

Proprietary Information: Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and service no public purpose (see Neb. Rev. Stat. § 84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, proof that information is proprietary requires identification of specific named competitor(s) advantaged by release of the information and the demonstrated advantage the named competitor(s) would gain by the release of information.

Protest/Grievance: A complaint about a governmental action or decision related to an Invitation to Bid or resultant contract, brought by a vendor who has timely submitted a bid response in connection with the award in question, to AS Materiel Division or another designated agency with the intention of achieving a remedial result.

Public Proposal/Bid Opening: The process of opening correctly submitted offers at the time and place specified in the written solicitation and in the presence of anyone who wished to attend.

Recommended Hardware Configuration: The data processing hardware (including all terminals, auxiliary storage, communication, and other peripheral devices) to the extent utilized by the State as recommended by the Contractor.

Release Date: The date of public release of the written solicitation to seek offers

Renewal Period: Optional contract periods subsequent to the original Contract Period for a specified duration with previously agreed to terms and conditions. Not to be confused with Extension.

Request for Information (RFI): A general invitation to vendors requesting information for a potential future solicitation. The RFI is typically used as a research and information gathering tool for preparation of a solicitation.

Request for Proposal (RFP): A written solicitation utilized for obtaining competitive offers.

Responsible Bidder: A bidder who has the capability in all respects to perform fully and lawfully all requirements with integrity and reliability to assure good faith performance.

Responsive Bidder: A bidder who has submitted a bid which conforms to all requirements of the solicitation document.

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Shall/Will/Must: An order/command; mandatory.

Should: Expected; suggested, but not necessarily mandatory.

Software License: Legal instrument with or without printed material that governs the use or redistribution of licensed software.

Sole Source – Commodity: When an item is available from only one source due to the unique nature of the requirement, its supplier, or market conditions.

Sole Source – Services: A service of such a unique nature that the vendor selected is clearly and justifiably the only practical source to provide the service. Determination that the vendor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required.

Specifications: The detailed statement, especially of the measurements, quality, materials, and functional characteristics, or other items to be provided under a contract.

System (see Module): Any collection or aggregation of two (2) or more Modules that is designed to function, or is represented by the Contractor as functioning or being capable of functioning, as an entity.

Termination: Occurs when either party, pursuant to a power created by agreement or law, puts an end to the contract prior to the stated expiration date. All obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.

Trade Secret: Information, including, but not limited to, a drawing, formula, pattern, compilation, program, device, method, technique, code, or process that (a) derives independent economic value, actual or potential, from not being known to, and not being ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see Neb. Rev. Stat. § 87-502(4)).

Trademark: A word, phrase, logo, or other graphic symbol used by a manufacturer or vendor to distinguish its product from those of others, registered with the U.S. Patent and Trademark Office.

Upgrade: Any change that improves or alters the basic function of a product of service.

Vendor: An individual or entity lawfully conducting business in the State of Nebraska, or licensed to do so, who seeks to provide goods or services under the terms of a written solicitation.

Vendor Performance Report: A report issued to the Contractor by State Purchasing Bureau when products or services delivered or performed fail to meet the terms of the purchase order, contract, and/or specifications, as reported to State Purchasing Bureau by the agency. The State Purchasing Bureau shall contact the Contractor regarding any such report. The vendor performance report will become a part of the permanent record for the Contractor. The State may require vendor to cure. Two such reports may be cause for immediate termination.

Will: See Shall/Will/Must.

Work Day: See Business Day.

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I. SCOPE OF THE INVITATION TO BID (ITB)

The State of Nebraska, Administrative Services (AS), Materiel Division, State Purchasing Bureau (hereafter known as State Purchasing Bureau or SPB), is issuing this Invitation To Bid, Number 5509 OF for the purpose of selecting a qualified Contractor to provide 2017 OR CURRENT PRODUCTION YEAR SMALL TRANSIT BUSES 12+2.

A contract resulting from this Invitation To Bid will be issued approximately for a period of one (1) year effective the date of award. The contract has the option to be renewed for four (4) additional one (1) year periods as mutually agreed upon by all parties.

ALL INFORMATION PERTINENT TO THIS INVITATION TO BID CAN BE FOUND ON THE INTERNET AT: http://das.nebraska.gov/materiel/purchasing.html

A. SCHEDULE OF EVENTS The State expects to adhere to the tentative procurement schedule shown below. It should be noted, however, that some dates are approximate and subject to change.

ACTIVITY DATE/TIME1. Release Invitation To Bid January 4, 20172. Last day to submit written questions January 18, 20173. State responds to written questions through Invitation To Bid “Addendum”

and/or “Amendment” to be posted to the Internet at: http://das.nebraska.gov/materiel/purchasing.html

January 23, 2017

4. Bid openingLocation: State Purchasing Bureau

1526 K Street, Suite 130Lincoln, NE 68508

February 1, 20172:00 PM

Central Time5. Review for conformance of mandatory requirements To Be Determined6. Review period To Be Determined7. Post “Letter of Intent to Award” to Internet at:

http://das.nebraska.gov/materiel/purchasing.htmlTo Be Determined

8. Contract finalization period To Be Determined9. Contract award To Be Determined

10. Contract start date To Be Determined

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http://das.nebraska.gov/materiel/purchasing.html/



II. PROCUREMENT PROCEDURES

A. PROCURING OFFICE AND CONTACT PERSON Procurement responsibilities related to this Invitation To Bid reside with the State Purchasing Bureau. The point of contact for the procurement is as follows:

Name: Dianna Gilliland Agency: State Purchasing Bureau Address: 1526 K Street, Suite 130

Lincoln, NE 68508

B. GENERAL INFORMATION The Invitation To Bid (ITB) is designed to solicit bids from qualified vendors who will be responsible for providing 2017 OR CURRENT PRODUCTION YEAR SMALL TRANSIT BUSES 12+2 at a competitive and reasonable cost. Bids that do not conform to the mandatory items as indicated in the Invitation To Bid will not be considered.

Bids shall conform to all instructions, conditions, and requirements included in the Invitation To Bid. Prospective Bidders are expected to carefully examine all documentation, schedules, and requirements stipulated in this Invitation To Bid, and respond to each requirement in the format prescribed.

In addition to the provisions of this Invitation To Bid and the awarded bid, which shall be incorporated by reference in the contract, any additional clauses or provisions required by the terms and conditions will be included as an amendment to the contract.

A fixed-price contract will be awarded as a result of this Invitation to Bid.

C. COMMUNICATION WITH STATE STAFF AND EVALUATORSFrom the date the Invitation To Bid is issued until a determination is announced regarding the contract award, contact regarding this project between potential Contractors and individuals employed by the State is restricted to only written communication with the staff designated above as the point of contact for this Invitation To Bid. Bidders shall not have any communication with, or attempt to communicate with or influence in any way, any evaluator involved in this ITB.

Once a Contractor is preliminarily selected, as documented in the intent to award, that Contractor is restricted from communicating with State staff until a contract is signed. The following exceptions to these restrictions are permitted:

1. Written communication with the person(s) designated as the point(s) of contact for this Invitation To Bid or procurement;

2. Contacts made pursuant to any pre-existing contracts or obligations; and3. State-requested presentations, key personnel interviews, clarification sessions or discussions to finalize a

contract.

Violations of these conditions may be considered sufficient cause to reject a Bidder’s bid and/or selection irrespective of any other condition. No individual member of the State or employee of the State is empowered to make binding statements regarding this Invitation To Bid. The Buyer will issue any clarifications or opinions regarding this Invitation To Bid in writing.

D. WRITTEN QUESTIONS AND ANSWERS Any explanation desired by a Bidder regarding the meaning or interpretation of any Invitation To Bid provision must be submitted in writing to the State Purchasing Bureau and clearly marked “ITB Number 5509 OF; 2017 OR CURRENT PRODUCTION YEAR SMALL TRANSIT BUSES 12+2 Questions”. It is preferred that questions be sent via e-mail to [email protected] Questions may also be sent by facsimile to 402-471-2089, and must include a cover sheet clearly indicating that the transmission is to the attention of Dianna Gilliland, showing the total number of pages transmitted, and clearly marked “ITB Number 5509 OF 2017 OR CURRENT PRODUCTION YEAR SMALL TRANSIT BUSES 12+2 Questions”.

It is recommended that Bidders submit questions sequentially numbered and include the Invitation To Bid reference and page number.Written answers will be provided through an addendum to be posted on the Internet at http://das.nebraska.gov/materiel/purchasing.html on or before the date shown in the Schedule of Events.



mailto:[email protected]

QuestionNumber

ITB SectionReferences

ITBPage

Number

Question

E. SUBMISSION OF BIDSThe following describes the requirements related to bid submission, bid handling, and review by the State.

To facilitate the evaluation process, one (1) original of the entire bid should be submitted. Bids must be submitted by the bid due date and time. A separate sheet must be provided that clearly states which sections, if applicable, have been submitted as proprietary or have copyrighted materials. All proprietary information the Bidder wishes the State to withhold must be submitted in accordance with the instructions outlined in Section III, Proprietary Information. If a recipient phone number is required for delivery purposes, 402-471-6500 should be used. The Invitation To Bid number must be included in all correspondence.

F. IMPORTANT NOTICE LANGUAGEBid responses should include the completed Form A and Bidder Contact Sheet. Bids must reference the Invitation To Bid number and be sent to the specified address. Please note that the address label should appear as specified in Section II part A on the page of the calendar or bidder’s bid response packet. Rejected late bids will return to the bidder unopened.

IMPORTANT NOTICE: Pursuant to Neb. Rev. Stat. § 84-602.02, all State contracts in effect as of January 1, 2014 will be posted to a public website beginning July 1, 2014. All non-proprietary or confidential information as defined by State Law WILL BE POSTED FOR PUBLIC VIEWING.

G. DISCOUNTSPrices quoted shall be inclusive of ALL trade discounts. Cash discount terms of less than thirty (30) days will not be considered as part of the bid. Cash discount periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever is later.

H. PRICE ADJUSTMENTS DURING CONTRACT TERMAny request for a price adjustment must be submitted in writing to the State Purchasing Bureau, a minimum of thirty (30) days prior to proposed effective date of increase, and must show cause with supporting documentation (such as notification letter from manufacturer). Further documentation may be required by the State, to authenticate the increase (such as manufacturer invoices). Failure to supply any requested supporting documentation may be grounds to cancel the contract. The State further reserves the right to reject any proposed price increase(s), cancel the contract and re-bid if determined to be in the best interest of the State. The State will be given full proportionate benefit of any decrease for the term of the contract. No price increases are to be billed to any State Agencies without prior written approval by the State Purchasing Bureau. Contract supplier or suppliers may honor pricing and extend the contract to political sub-divisions, cities, and counties. Terms and conditions of the contract must be met by political sub-divisions, cities, and counties.

I. PAYMENTPayment will be made by the responsible agency in accordance with the State of Nebraska Prompt Payment Act, Neb. Rev. Stat. §§ 81-2401 through 81-2408. The State may request that payment be made electronically instead of by state warrant.

J. BID EXECUTIONBids must be signed in ink by the Bidder on the State of Nebraska’s Invitation To Bid form. All bids must be typewritten or in ink on the State of Nebraska’s Invitation To Bid form. Erasures and alternations must be initialed by the Bidder in ink. No telephone or voice bids will be accepted. Failure to comply with these provisions may result in the rejection of the bid.

K. BID OPENING The sealed bids will be publicly opened and the bidding entities announced on the date, time, and location shown in the Schedule of Events. Bids will be available for viewing by those present at the bid opening. Vendors may also contact the State to schedule an appointment for viewing bids after the Intent to Award has been posted to the website.


L. ELECTRONIC DOCUMENTS/FACSMILIE SUBMISSIONSThe State Purchasing Bureau will not accept electronic responses to an Invitation To Bid for a commodity contract at any dollar amount. However, an exception applies to one-time purchase bids under $25,000. These one-time purchase bids may be submitted by electronic means, but cannot exceed ten (10) pages.

Sealed responses to an Invitation To Bid that contain a two party bid, may include electronic pages transmitted between the two parties, but these documents cannot be submitted to the State Purchasing Bureau by electronic means. No direct electronic solicitation responses will be accepted for a commodity contract of any estimated value.

M. VALID BID TIMEBids shall be firm for a minimum of sixty (60) calendar days after the opening date, unless otherwise stipulated by either party in the Invitation To Bid.

N. ALTERNATE/EQUIVALENT BIDSBidder may offer bids which are at variance from the express specifications of the Invitation To Bid. The State reserves the right to consider and accept such bids if, in the judgment of the State Procurement Manager, the bid will result in goods and/or services equivalent to or better than those which would be supplied in the original bid specifications. Bidders must indicate on the Invitation To Bid the manufacturer’s name, number and shall submit with their bid, sketches, descriptive literature and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements are subject to rejection. In the absence of any stated deviation or exception, the bid will be accepted as in strict compliance with all terms, conditions and specification, and the Bidder shall be held liable therefore.

O. LATE BIDSBids received after the time and date of the bid opening will be considered late bids. Rejected late bids will be returned to the Bidder unopened. The State is not responsible for bids that are late or lost due to mail service inadequacies, traffic, or any other reason(s).

P. NO BIDIf not submitting a bid, respond by returning the Invitation To Bid form explaining the reason in the space provided. NOTE: To qualify as a respondent, Bidder must submit a “NO BID” and it must be received no later than the stated bid opening date and time.

Q. LUMP SUM OR ALL OR NONE BIDSThe State reserves the right to purchase item-by-item, by groups or as a total when the State may benefit by so doing. Bidders may submit a bid on an “all or none” or “lump sum” basis, but should also submit a bid on an item-by-item basis. The term “all or none” means a conditional bid which requires the purchase of all items on which bids are offered and Bidder declines to accept award on individual items; a “lump sum” bid is one in which the Bidder offers a lower price than the sum of the individual bids if all items are purchased but agrees to deliver individual items at the prices quoted.

R. REJECTION OF BIDSThe State reserves the right to reject any or all bids, wholly or in part, or to award to multiple Bidders in whole or in part. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the bid and do not improve the Bidder’s competitive position. All awards will be made in a manner deemed in the best interest of the State. The State reserves the right to reject any or all bids and re-advertise for bids; and further reserves the right to waive any informality or irregularity.

S. EVALUATION OF BIDSAll responses to this Invitation To Bid which fulfill all mandatory requirements will be evaluated for conformance to requested specifications. Elements that may also be considered include but are not limited to:

1. The ability, capacity, and skill of the Bidder to deliver and implement the system or project, or provide the requested goods, that meet the requirements of the Invitation to Bid;

2. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;3. Whether the Bidder can perform the contract within the specified time frame;4. The quality of Bidder performance on prior contracts; and 5. Such other information that may be secured and that has a bearing on the decision to award the contract.

T. BID TABULATIONSBid tabulations are available on the website at: http://www.das.state.ne.us/materiel/purchasing/bidtabs.htm.


http://www.das.state.ne.us/materiel/purchasing/bidtabs.htm

Bid tabulations will not be provided by telephone or facsimile. Bid files may be examined, after the evaluation period is over, during normal business hours by appointment.

U. MANDATORY REQUIREMENTS The bids will first be examined to determine if all mandatory requirements listed below have been addressed to warrant further evaluation. Bids not meeting mandatory requirements will be excluded from further evaluation. The mandatory requirement items are as follows:

1. Invitation To Bid for Commodity Contract form, signed in ink; and2. The completed Invitation To Bid document.

V. REFERENCE CHECKSThe State reserves the right to check any reference(s), regardless of the source of the reference information, including but not limited to, those that may be identified by the company in the bid, those indicated through the explicitly specified contacts, those that are identified during the review of the bid, or those that result from communication with other entities involved with similar projects. The State may use a third party to conduct reference checks.

W. RECYCLINGAs outlined in Neb. Rev. Stat. § 81-15,159, a preference shall be given to those Bidders that provide products, materials, or supplies which are manufactured or produced from recycled material or that can be readily reused or recycled after its normal use. Preference will also be given to purchases of corn-based biodegradable plastics and road deicers. No preference shall be given if such preference would result in the purchase of products, materials, or supplies that are of inadequate quality or of substantially higher cost.

X. SECRETARY OF STATE/TAX COMMISSIONER REGISTRATION REQUIREMENTS All Bidders should be authorized to transact business in the State of Nebraska. All Bidders are expected to comply with all Nebraska Secretary of State Registration requirements. It is the responsibility of the Bidder to comply with any registration requirements pertaining to types of business entities (e.g. person, partnership, foreign or domestic limited liability company, association, or foreign or domestic corporation or other type of business entity). The Bidder who is the recipient of an Intent to Award will be required to certify that it has complied and produce a true and exact copy of its current (within ninety (90) calendar days), valid Certificate of Good Standing or Letter of Good Standing; or in the case of a sole proprietorship, provide written documentation of sole proprietorship. This must be accomplished prior to the award of the contract. Construction Contractors are expected to meet all applicable requirements of the Nebraska Contractor Registration Act and provide a current, valid certification of registration. Further, all Bidders shall comply with any and all other applicable Nebraska statutes regarding transacting business in the State of Nebraska. Bidders should submit the above certification(s) with their bid.

Y. RESIDENT BIDDERPursuant to Neb. Rev. Stat. §§ 73-101.01 through73-101.02, a Resident Bidder shall be allowed a preference against a Nonresident Bidder from a state which gives or requires a preference to Bidders from that state. The preference shall be equal to the preference given or required by the state of the Nonresident Bidders. Where the lowest responsible bid from a resident bidder is equal in all respects to one from a nonresident bidder from a state which has no preference law, the resident bidder shall be awarded the contract. The provision of this preference shall not apply to any contract for any project upon which federal funds would be withheld because of the provisions of this preference.

Z. EVALUATION CRITERIA AND AWARDThe State of Nebraska reserves the right to evaluate bids in a manner, and utilizing methods, selected in the State of Nebraska's best interest and discretion. The State of Nebraska may waive informalities or irregularities in bids if the waiver is in the best interest of the State of Nebraska and such waiver does not prejudice other bidders in the State of Nebraska's discretion. After evaluation of the bids, the State of Nebraska may take, in the State's discretion, one or more of the following actions:

Accept or reject a portion of or all of a bid;Accept or reject all bids;Withdraw the Invitation to Bid;Elect to rebid the Invitation to Bid;Award single lines or multiple lines to one or more bidders; or,Award one or more complete contracts.


The State of Nebraska reserves the right to make awards that are in the best interest of the State of Nebraska. The State of Nebraska may consider, but is not limited to, one or more of the following award criteria:Price;Location;Quality; Delivery time; and,State contract management requirements or costs.[Additional criteria may be added]

By submitting a bid in response to this Invitation to Bid, the Bidder grants to the State the right to contact or arrange a visit in person with any or all of the Bidder’s clients.

Once an Intent to Award decision has been determined, it will be posted to the Internet at: http://das.nebraska.gov/materiel/purchasing.html/

AA. POLITICAL SUB-DIVISIONSThe Contractor may extend the contract to political sub-divisions conditioned upon the honoring of the prices charged to the State. Terms and conditions of the Contract must be met by political sub-divisions. Under no circumstances shall the State be contractually obligated or liable for any purchases by political sub-divisions or other public entities not authorized by Neb. Rev. Stat. § 81-145, listed as “all officers of the state, departments, bureaus, boards, commissions, councils, and institutions receiving legislative appropriations.” A listing of Nebraska political subdivisions may be found at the website of the Nebraska Auditor of Public Accounts.

BB. VIOLATION OF TERMS AND CONDITIONSViolation of the terms and conditions contained in this Invitation To Bid or any resultant contract, at any time before or after the award, shall be grounds for action by the State which may include, but is not limited to, the following:

1. Rejection of a bidder’s proposal;2. Withdrawal of the Intent to Award3. Termination of the resulting contract.4. Legal action.5. Suspension of the bidder from further bidding with the State for the period of time relative to the

seriousness of the violation, such period to be within the sole discretion of the State.



III. INVITATION TO BID - TERMS AND CONDITIONS

By signing the “Invitation To Bid” form, the Bidder guarantees compliance with the provisions stated in this Invitation To Bid, agrees to the Terms and Conditions unless otherwise agreed to, and certifies Bidder maintains a drug free work place environment.

Bidders are expected to closely read the Terms and Conditions and provide a binding signature of intent to comply with the Terms and Conditions; provided, however, a Bidder may indicate any exceptions to the Terms and Conditions by one (1) clearly identifying the term or condition by subsection, and two (2) including an explanation for the Bidder’s inability to comply with such term or condition which includes a statement recommending terms and conditions the Bidder would find acceptable. Rejection in whole or in part of the Terms and Conditions may be cause for rejection of a Bidder’s bid. Bidders must include completed Section III with their ITB response.

The State of Nebraska is soliciting bids in response to the ITB. The State of Nebraska will not consider bids that propose the substitution of the bidder’s contract, agreements, or terms for those of the State of Nebraska’s. Any License, Service Agreement, Customer Agreement, User Agreement, Bidder Terms and Conditions, Document, or Clause purported or offered to be included as a part of this ITB must be submitted as individual clauses, as either a counter-offer or additional language, and each clause must be acknowledged and accepted in writing by the State. If the Bidder’s clause is later found to be in conflict with the ITB or resulting contract the Bidder’s clause shall be subordinate to the ITB or resulting contract.

A. GENERAL

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within ITB Response (Initial)

NOTES/COMMENTS:

The contract resulting from this Invitation To Bid shall incorporate the following documents:

1. Amendment to Contract Award with the most recent dated amendment having the highest priority; 2. Contract Award and any attached Addenda;3. The Invitation To Bid form and the Contractor’s Bid Response signed in ink4. Amendments to ITB and any Questions and Answers; and5. The original ITB document and any Addenda. These documents constitute the entirety of the contract.

Unless otherwise specifically stated in a contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1) Amendment to Contract Award with the most recent dated amendment having the highest priority, 2) Contract Award and any attached Addenda, 3) the signed Invitation To Bid form and the Contractor’s Bid Response 4) Amendments to ITB and any Questions and Answers, 5) the original ITB document and any Addenda.

Any ambiguity in any provision of this contract which shall be discovered after its execution shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska.

Once bids are opened they become the property of the State of Nebraska and will not be returned.

B. DEBARMENT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor, by signature to the Invitation To Bid, certifies that the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or


agency from participating in transactions (debarred). The contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The contractor shall immediately notify the Department if, during the term of this contract, contractor becomes debarred. The Department may immediately terminate this contract by providing contractor written notices if contractor becomes debarred during the term of this contract.

C. SPECIFICATIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Any manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are for reference and not intended to limit competition, but will be used as the standard by which equivalent material offered will be judged. The State Procurement Manager will be the sole judge of equivalency. The Bidder may offer any brands which meets or exceeds the specification. When a specific product is required, the Invitation to Bid will so state. Any item bid is to be the latest current model under standard production at the time of order. No used or refurbished equipment will be accepted, unless otherwise stated.

D. PERFORMANCE AND DEFAULTAccept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State reserves the right to require a performance bond from the successful Bidder, as provided by law, without expense to the State. Otherwise, in case of default of the Contractor, the State may procure the articles from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

E. DRUG POLICY

Bidder certifies that it maintains a drug free workplace environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy of its drug free workplace policy at any time upon request by the State.

F. COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall comply with all applicable local, state, and federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Contractors of the State of Nebraska, and their Subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions, compensation, or privileges of employment because of race, color, religion, sex, disability, marital status, or national origin (Neb. Rev. Stat. §§ 48-1101 t 48-1125). The


Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this Invitation To Bid.

G. PERMITS, REGULATIONS, LAWS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor shall procure and pay for all permits, licenses, and approvals necessary for the execution of the contract. The Contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations.

H. COOPERATION WITH OTHER CONTRACTORS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State may already have in place or choose to award supplemental contracts related to this Invitation To Bid or any portion thereof.

1. The State reserves the right to award the contract jointly between two or more potential Contractors, if such an arrangement is in the best interest of the State.

2. The Contractor shall agree to cooperate with such other Contractors, and shall not commit or permit any act which may interfere with the performance of work by any other Contractor.

3. The State reserves the right to award multiple contracts or to award line by line contract.

I. CONTRACTOR RESPONSIBILITY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor is solely responsible for fulfilling the contract, with responsibility for all services offered and products to be delivered as stated in the Invitation To Bid, the Contractor’s bid, and the resulting contract. The Contractor shall be the sole point of contact regarding all contractual matters.

J. CONTRACT CONFLICTS

Accept (Initial)

Reject (Initial)

Reject & Provide Alternative within RFP Response (Initial)

NOTES/COMMENTS:

Contractor shall insure that contracts or agreements with sub-contractors and agents, and the performance of services in relation to this contract by sub-contractors and agents, does not conflict with this contract.


K. FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State may terminate the contract, in whole or in part, in the event funding is no longer available. The State’s obligation to pay amounts due for fiscal years following the current fiscal year is contingent upon legislative appropriation of funds for the contract. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fiscal years for which such funds are not appropriated. The State will give the Contractor written notice thirty (30) calendar days prior to the effective date of any termination, and advise the Contractor of the location of any related equipment. All obligations of the State to make payments after the termination date will cease and all interest of the State in any related equipment will terminate. In no event shall the Contractor be paid for a loss of anticipated profit.

L. RIGHT TO AUDIT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Contractor shall establish and maintain a reasonable accounting system that enables the State to readily audit contract. The State and its authorized representatives shall have the right to audit, to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this contract kept by or under the control of the Contractor, including, but not limited to those kept by the Contractor, its employees, agents, assigns, successors, and Subcontractors. Such records shall include, but not be limited to, accounting records, written policies and procedures; all paid vouchers including those for out-of-pocket expenses; other reimbursement supported by invoices; ledgers; cancelled checks; deposit slips; bank statements; journals; original estimates; estimating work sheets; contract amendments and change order files; backcharge logs and supporting documentation; insurance documents; payroll documents; timesheets; memoranda; and correspondence. Contractor shall, at all times during the term of this contract and for a period of five (5) years after the completion of this contract, maintain such records, together with such supporting or underlying documents and materials. The Contractor shall at any time requested by the State, whether during or after completion of this contract and at Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) by the State. Such records shall be made available to the State during normal business hours at the Contractor’s office or place of business. In the event that no such location is available, then the financial records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location that is convenient for the State. Contractor shall ensure the State has these rights with Contractor’s assigns, successors, and Subcontractors, and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Contractor and any Subcontractors to the extent that those subcontracts or agreements relate to fulfillment of the Contractor’s obligations to the State. Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by the State unless certain exemption criteria are met. If the audit identifies overpricing or overcharges (of any nature) by the Contractor to the State in excess of one-half of one percent (.5%) of the total contract billings, the Contractor shall reimburse the State for the total costs of the audit. If the audit discovers substantive findings related to fraud, misrepresentation, or non-performance, the Contractor shall reimburse the State for total costs of audit. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the Contractor’s invoices and/or records shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of the State’s findings to Contractor.


M. CONFLICT OF INTEREST

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

By submitting a bid, Bidder certifies that there does not now exist any relationship between the Bidder and any person or entity which is or gives the appearance of a conflict of interest related to this Invitation To Bid or project.

The Bidder certifies that it shall not take any action or acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder or which creates an actual or appearance of conflict of interest.

The Bidder certifies that it will not employ any individual known by Bidder to have a conflict of interest.

N. BID PREPARATION COSTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State shall not incur any liability for any costs incurred by Bidders in replying to this Invitation To Bid, including any activity related to bidding on this Invitation To Bid.

O. ERRORS AND OMISSIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Bidder shall not take advantage of any errors and/or omissions in this Invitation To Bid or resulting contract. The Bidder must promptly notify the State of any errors and/or omissions that are discovered.

P. ASSIGNMENT BY THE STATE

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State shall have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There shall be no charge to the State for any assignment hereunder.


Q. ASSIGNMENT BY THE CONTRACTOR

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor may not assign, voluntarily or involuntarily, the contract or any of its rights or obligations hereunder (including without limitation rights and duties of performance) to any third party, without the prior written consent of the State, which will not be unreasonably withheld.

R. GOVERNING LAW

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contract shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against the State of Nebraska regarding this Invitation To Bid or any resultant contract shall be brought in the State of Nebraska administrative or judicial forums as defined by State law. The Contractor must be in compliance with all Nebraska statutory and regulatory law.

S. ATTORNEY'S FEES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

In the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Contractor agrees to pay all expenses of such action, as permitted by law, including attorney's fees and costs, if the State is the prevailing party.

T. ADVERTISING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor agrees not to refer to the contract award in advertising in such a manner as to state or imply that the company or its services are endorsed or preferred by the State. News releases pertaining to the project shall not be issued without prior written approval from the State.

U. NOTIFICATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


During the bid process, all communication between the State and a Bidder shall be between the Bidder’s representative clearly noted in its bid and the buyer noted in Section II Part A., Procuring Office and Contact Person, of this ITB. Bidder is at all times to keep its point of contact updated with the most current information. After the award of the contract, all notices under the contract shall be deemed duly given upon delivery to the staff designated as the point of contact for this ITB, in person, or upon delivery by U.S. Mail, facsimile, or e-mail. Each Bidder should provide in its bid the name, title, and complete address of its designee to receive notices.

1. Except as otherwise expressly specified herein, all notices, requests, or other communications shall be in writing and shall be deemed to have been given if delivered personally or mailed, by U.S. Mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth above, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or three (3) calendar days following deposit in the mail.

2. Whenever the Contractor encounters any difficulty which is delaying or threatens to delay its timely performance under the contract, the Contractor shall immediately give notice thereof in writing to the State reciting all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery schedule or be construed as a waiver by the State of any of its rights or remedies to which it is entitled by law or equity or pursuant to the provisions of the contract. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery schedule because of such delay.

Either party may change its address for notification purposes by giving notice of the change, and setting forth the new address and an effective date.

For the duration of the contract, all communication between Contractor and the State regarding the contract shall take place between the Contractor and individuals specified by the State in writing. Communication about the contract between Contractor and individuals not designated as points of contact by the State is strictly forbidden.

V. EARLY TERMINATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contract may be terminated as follows:

1. The State and the Contractor, by mutual written agreement, may terminate the contract at any time.

2. The State, in its sole discretion, may terminate the contract for any reason upon thirty (30) calendar days written notice. Written notice to the contractor shall not relieve the Contractor of warranty or other obligations incurred under the terms of the contract. In the event of cancellation the Contractor shall be entitled to payment, for those products received and accepted by the State.

3. The State may terminate the contract immediately for the following reasons:

a. if directed to do so by statute;b. Contractor has made an assignment for the benefit of creditors, has admitted in writing its inability

to pay debts as they mature, or has ceased operating in the normal course of business;c. a trustee or receiver of the Contractor or of any substantial part of the Contractor’s assets has

been appointed by a court;d. fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining

to performance under the contract by its Contractor, its employees, officers, directors, or shareholders;

e. an involuntary proceeding has been commenced by any party against the Contractor under any one of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (60) calendar days; or (ii) the Contractor has consented, either expressly or by operation of law, to the entry of an order for relief; or (iii) the Contractor has been decreed or adjudged a debtor;


f. a voluntary petition has been filed by the Contractor under any of the chapters of Title 11 of the United States Code;

g. Contractor intentionally discloses confidential information;h. Contractor has or announces it will discontinue support or provision of the deliverable;i. second or subsequent documented “vendor performance report” form deemed acceptable by the

State Purchasing Bureau; orj. Contractor engaged in collusion or ones’ actions which could have provided Contractor an unfair

advantage in obtaining this contract.

W. BREACH BY CONTRACTOR

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State may terminate the contract, in whole or in part, if the Contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the Contractor, allow the Contractor to cure a failure or breach of contract within a period of thirty (30) calendar days (or longer at State’s discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested, or in person with proof of delivery. Allowing the Contractor time to cure a failure or breach of contract does not waive the State’s right to immediately terminate the contract for the same or different contract breach which may occur at a different time. In case of default of the Contractor, the State may contract the goods from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

X. ASSURANCES BEFORE BREACH

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

If any document or deliverable required pursuant to the contract does not fulfill the requirements of the Intent To Bid/resulting contract, upon written notice from the State, the Contractor shall deliver assurances in the form of additional Contractor resources at no additional cost to the project in order to complete the deliverable, and to ensure that other project schedules will not be adversely affected.

Y. ACCEPTANCE AND PAYMENT OF GOODS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

In the event that the Contractor fails to provide the goods requested by the State, the State will not pay for such products until the same has been received and accepted by the State.


Z. FORCE MAJEURE

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event outside the control and not the fault of the affected party (“Force Majeure Event”). A Force Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other party of the Force Majeure Event. The State may grant relief from performance of the contract if the Contractor is prevented from performance by a Force Majeure Event. The burden of proof for the need for such relief shall rest upon the Contractor. To obtain release based on a Force Majeure Event, the Contractor shall file a written request for relief with the State Purchasing Bureau. Labor disputes with the impacted party’s own employees will not be considered a Force Majeure Event and will not suspend performance requirements under the contract.

AA. PROHIBITION AGAINST ADVANCE PAYMENT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Payments shall not be made until contractual deliverable(s) are received and accepted by the State.

BB. PAYMENT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

State will render payment to Contractor when the terms and conditions of the contract and specifications have been satisfactorily completed on the part of the Contractor as solely determined by the State. Payment will be made by the responsible agency in compliance with the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. §§ 81-2401 through 81-2408). The State may require the Contractor to accept payment by electronic means such as ACH deposit. In no event shall the State be responsible or liable to pay for any goods provided by the Contractor prior to the Effective Date, and the Contractor hereby waives any claim or cause of action for any such claims.

CC. INVOICES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Invoices for payments must be submitted by the Contractor to the agency requesting the goods with sufficient detail to support payment. The terms and conditions included in the Contractor’s invoice shall be deemed to be solely for the convenience of the parties. No terms or conditions of any such invoice shall be binding upon the State, and no action by the State, including without limitation the payment of any such invoice in whole or in part, shall be construed as binding or estopping the State with respect to any such term or condition, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract.


DD. TAXES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State is not required to pay taxes of any kind and assumes no such liability as a result of this solicitation. Any property tax payable on the Contractor's equipment which may be installed in a state-owned facility is the responsibility of the Contractor.

EE. SEVERABILITY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

If any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid.

FF. PROPRIETARY INFORMATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Data contained in the bid and all documentation provided therein, become the property of the State of Nebraska and the data becomes public information upon opening the bid. If the Bidder wishes to have any information withheld from the public, such information must fall within the definition of proprietary information contained within Nebraska’s public record statutes. All proprietary information the Bidder wishes the State to withhold must be submitted in a sealed package, which is separate from the remainder of the bid, and provide supporting documents showing why such documents should be marked proprietary. The separate package must be clearly marked PROPRIETARY on the outside of the package. Bidders may not mark their entire Invitation To Bid as proprietary. Pricing submitted in Bidder’s ITB may not be marked as proprietary information. Failure of the Bidder to follow the instructions for submitting proprietary and copyrighted information may result in the information being viewed by other Bidders and the public. Proprietary information is defined as trade secrets, academic and scientific research work which is in progress and unpublished, and other information which if released would give advantage to business competitors and serve no public purpose (see Neb. Rev. Stat. § 84-712.05(3)). In accordance with Attorney General Opinions 92068 and 97033, Bidders submitting information as proprietary may be required to prove specific, named competitor(s) who would be advantaged by release of the information and the specific advantage the competitor(s) would receive. Although every effort will be made to withhold information that is properly submitted as proprietary and meets the State’s definition of proprietary information, the State is under no obligation to maintain the confidentiality of proprietary information and accepts no liability for the release of such information.


GG. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION/COLLUSIVE BIDDING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

By submission of this bid, the bidder certifies, that it is the party making the foregoing bid and that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further that the bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

HH. PRICES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

All prices, costs, and terms and conditions outlined in the proposal shall remain fixed and valid commencing on the opening date of the proposal until an award is made or the Request for Proposal is cancelled.

Prices quoted on the Cost Proposal form shall remain fixed for the first year of the contract period. Any request for a price increase subsequent to the first year shall not exceed five percent (5%) of the previous Contract period and must be submitted in writing to the State Purchasing Bureau and be accompanied by documentation justifying the price increase. Further documentation may be required by the State to justify the increase. The State reserves the right to deny any requested price increase. No price increases are to be billed to any State Agencies prior to written amendment of the contract by the parties.

The State will be given full proportionate benefit of any price decrease during the term of the contract. Contractor represents and warrants that all prices for services, now or subsequently specified, are as low as and no higher than prices which the Contractor has charged or intends to charge customers other than the State for the same or similar products and services of the same or equivalent quantity and quality for delivery or performance during the same periods of time. If, during the term of the contract, the Contractor shall reduce any and/or all prices charged to any customers other than the State for the same or similar products or services specified herein, the Contractor shall make an equal or equivalent reduction in corresponding prices for said specified products or services.

Contractor also represents and warrants that all prices set forth in the contract and all prices in addition, which the Contractor may charge under the terms of the contract, do not and will not violate any existing federal, state, or municipal law or regulations concerning price discrimination and/or price fixing. Contractor agrees to hold the State harmless from any such violation. Prices quoted shall not be subject to increase throughout the contract period unless specifically allowed by these specifications.


II. ETHICS IN PUBLIC CONTRACTING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

No Bidder shall pay or offer to pay, either directly or indirectly, any fee, commission compensation, gift, gratuity, or anything of value to any State officer, legislator, employee or evaluator based on the understanding that the receiving person’s vote, actions, or judgment will be influenced thereby. No Bidder shall give any item of value to any employee of the State Purchasing Bureau or any evaluator.

Bidders shall be prohibited from utilizing the services of lobbyists, attorneys, political activists, or consultants to secure the contract. It is the intent of this provision to assure that the prohibition of state contact during the procurement process is not subverted through the use of lobbyists, attorneys, political activists, or consultants. It is the intent of the State that the process of evaluation of bids and award of the contract be completed without external influence. It is not the intent of this section to prohibit Bidders from seeking professional advice, for example consulting legal counsel, regarding terms and conditions of this Invitation To Bid or the format or content of their bid.

If the Bidder is found to be in non-compliance with this section of the Invitation To Bid, they may forfeit the contract if awarded to them or be disqualified from the selection process.

JJ. INDEMNIFICATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

1. GENERALThe Contractor agrees to defend, indemnify, hold, and save harmless the State and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses (“the claims”), sustained or asserted against the State, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Contractor, its employees, Subcontractors, consultants, representatives, and agents, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims.

2. INTELLECTUAL PROPERTY The Contractor agrees it will, at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to, the actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by the Contractor or its employees, Subcontractors, consultants, representatives, and agents; provided, however, the State gives the Contractor prompt notice in writing of the claim. The Contractor may not settle any infringement claim that will affect the State’s use of the Licensed Software without the State’s prior written consent, which consent may be withheld for any reason.

If a judgment or settlement is obtained or reasonably anticipated against the State’s use of any intellectual property for which the Contractor has indemnified the State, the Contractor shall, at the Contractor’s sole cost and expense, promptly modify the item or items which were determined to be infringing, acquire a license or licenses on the State’s behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State’s election, the actual or anticipated judgment may be treated as a breach of warranty by the Contractor, and the State may receive the remedies provided under this ITB.


SPB ITB Contract Boilerplate Last Updated 1/29/2016

3. SELF-INSURANCEThe State of Nebraska is self-insured for any loss and purchases excess insurance coverage pursuant to Neb. Rev. Stat. § 81-8,239.01 (Reissue 2008). If there is a presumed loss under the provisions of this agreement, Contractor may file a claim with the Office of Risk Management pursuant to Neb. Rev. Stat. §§ 81-8,829 – 81-8,306 for review by the State Claims Board. The State retains all rights and immunities under the State Miscellaneous (Section 81-8,294), Tort (Section 81-8,209), and Contract Claim Acts (Section 81-8,302), as outlined in Neb. Rev. Stat. § 81-8,209 et seq. and under any other provisions of law and accepts liability under this agreement to the extent provided by law.

KK. ANTITRUST

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under antitrust laws of the United States and the antitrust laws of the State.

LL. EMPLOYEE WORK ELIGIBILITY STATUS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of an employee.

If the Contractor is an individual or sole proprietorship, the following applies:

1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at http://das.nebraska.gov/materiel/purchasing.html

The completed United States Attestation Form should be submitted with the Invitation To Bid response.

2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.


http://das.nebraska.gov/materiel/purchasing.html

IV. SCOPE OF WORK

The Bidder must provide the following information in response to this Invitation To Bid.

The following terms, conditions, and specifications shall apply to the purchase of small bus type passenger vehicles by the Nebraska Department of Roads.

A. SCOPEIt is the intent of this bid invitation to establish a contract to supply 2017 OR CURRENT PRODUCTION YEAR SMALL TRANSIT BUSES 12+2 per the attached specifications from date of award for a period of one (1) year with the option to renew for an additional four (4), one (1) year periods when mutually agreeable to the vendor and the State of Nebraska. The State reserves the right to extend the period of this contract beyond the end date when mutually agreeable to the vendor and the State of Nebraska.

All items bid shall be of the latest manufacture in production as of the date of the Invitation To Bid and be of proven performance and under standard design complete as regularly advertised and marketed. All necessary materials for satisfactory performance of the supplies shall be incorporated into the 2017 OR CURRENT PRODUCTION YEAR SMALL TRANSIT BUSES 12+2 whether or not they may be specifically mentioned below.

Complete specifications, manufacturer’s descriptive literature and/or advertising data sheets with cuts or photographs may be required prior to an award and should be included with the bid on the IDENTICAL items proposed. Literature should be complete and the latest published. Any information necessary to show compliance with these specifications not given on the manufacturer’s descriptive literature and/or advertising data sheets should be supplied in writing on or attached to the bid document. If manufacturer’s specifications sheets, descriptive literature, advertising data sheets or information necessary to show compliance with these specifications is not supplied in writing on or attached to the bid document, the Bidder will be required to submit requested information within three (3) business days of a written request. Failure to submit requested descriptive literature or advertising data sheets may be grounds to reject the bid.

B. AMENDMENTThis Contract may be amended at any time in writing upon the agreement of both parties.

C. REVISIONSIn the event any product is discontinued or replaced with a newer version during the contract period, the State of Nebraska reserves the right to amend this contract to include the new product.


V. PROCUREMENT REQUIREMENTS FOR SMALL BUSES

A. FLOOR PLAN

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

A detailed floor plan showing all dimensions of the proposed vehicle should be submitted with the bid, but must be submitted prior to bid award; this should include but is not limited to location of access doors, seating, wheel wells, wheelchair lift and wheelchair positions, if applicable.

B. WARRANTY PROVISIONS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Each bidder should state in detail the warranty provisions covering the bid item(s), and the bidder's policy on freight charges for parts. This must be provided prior to bid award. The bidder to whom the contract is awarded shall assume full responsibility for all parts, materials, accessories and equipment - standard, optional or specialty - used in the vehicle, and for their proper installation, whether manufactured by the contractor or purchased from another source. Under no condition shall the contractor delegate this responsibility to suppliers and/or other sources. The contractor shall also provide full and competent engineering services to handle any, and correct all problems associated with the performance of the vehicle during its useful life. The contractor's warranty shall cover parts, materials, and workmanship and shall apply for not less than a period of twelve (12) months or 12,000 miles, whichever occurs first. The 12,000 miles shall be in addition to any mileage shown by the vehicle's odometer upon delivery. If the contractor's or manufacturer's standard warranty exceeds this, the standard warranty shall apply. The warranty shall include repair and/or replacement of defective parts (except tires and tubes) and labor. The warranty period shall begin upon delivery of the vehicle(s) by the Nebraska Department of Roads to the recipient agency, and the warranty described above shall run between the contractor and the recipient agency.

C. ROYALTIES AND LICENSE FEES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor shall pay all royalties and license fees. He shall defend at his own cost all suits or claims for infringements of any patent rights, shall pay all awards of damages and all settlement agreements, and shall indemnify and save the U.S. Department of Transportation (DOT), the State of Nebraska, and the recipient agency to which the Nebraska Department of Roads delivers the vehicle(s) harmless from any loss on account of any such infringement, suit or claim.

D. FEDERAL MOTOR VEHICLE SAFETY STANDARD AND AMERICANS WITH DISABILITIES ACT (ADA)

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


The vehicles shall conform to all applicable Federal Motor Vehicle Safety Standards (FMVSS), Title 49 CFR Part 38, Subpart B ADA specs for Transportation Vehicles (or current Title 49 CFR Subpart 38) and Federal Motor Carrier Safety Regulations (FMCSR) as established by DOT (complete and submit certification provided). It shall also meet all applicable requirements of the Occupational Safety and Health Administration and of the Environmental Protection Agency. Failure of these specifications to identify explicitly each such regulation shall not relieve the contractor of the responsibility for compliance.

E. MANUALS, MANUFACTURER’S STATEMENT OF ORIGIN (MSO) AND ETC.

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor shall, prior to or upon delivery of any bid item(s) to the Department of Roads, provide the Department with copies of complete parts books, copies of maintenance manuals, copies of operating manuals, copies of drawings showing wiring schematics including all auxiliary systems, and all other manufacturer's prints necessary for the maintenance of the bid item(s) (CDs or flash drives are acceptable with this information). At the same time, the contractor shall provide the Department with detailed maintenance and inspection schedules incorporating the required maintenance and inspection of the basic vehicle and of each of its subsystems (e.g., wheelchair lifts) as prescribed by the respective manufacturers. In addition, the contractor shall, upon delivery of the bid item(s), provide the Department with copies of the contractor's warranty, the manufacturer's Original Statement of Origin or title to new vehicle, and all other documents necessary for securing title to the vehicle(s) in the name of the Nebraska Department of Roads. Title shall pass to the Department free and clear of all liens, mortgages and encumbrances, financing statements, securing agreements, claims; or demands of any character.

F. PRIOR TO DELIVERY, EACH VEHICLE SHALL BE COMPLETELY SERVICED

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The servicing program shall not include less than the following operations: engine tune-up, lubrication, wheel alignment, front wheel balancing, wiring check, body conditioning, and all other inspections and tests normally performed on a new vehicle. Parts of this servicing program may be performed at the manufacturer's assembly plant if proper facilities are available there. However, delivery and final servicing checkup, including final body cleanup, must be made in an adequately equipped shop provided by the contractor in the State of Nebraska or a contiguous State. The contractor shall furnish a completed checklist on the above items with each vehicle at the time of delivery.

G. VEHICLE DELIVERY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The bid item(s) shall be delivered to the Nebraska Department of Roads at 5001 South 14th Street, Lincoln, Nebraska, in first class condition, complete and ready for operation, and the contractor shall assume all responsibility and liability incident to said delivery. Delivery shall be made between 8:00 a.m. and 3:00 p.m. local time on a day other than Saturday, Sunday or a holiday. The vehicle(s) shall have been serviced and shall be in road-ready condition with not less than a HALF tank of gasoline when delivered, and the odometer(s) shall not reflect more than 1,250 miles driven.Prior to delivery of any vehicles to the Department of Roads, the successful bidder must notify the appropriate individual(s) in the Public Transportation Section of the Nebraska Department of Roads at least two working days


before the delivery of vehicles. The contact person(s) will be established in the post award meeting with the successful bidder.

A maximum of five completed vehicles shall be allowed to be delivered to the Nebraska Department of Roads at one time. All appropriate documents must accompany each vehicle in order that the Nebraska Department of Roads can take possession of each vehicle after it has passed inspection by the State.

No other vehicle will be allowed to be delivered until previous vehicles have passed inspection and all appropriate documents have satisfied the State’s requirements in order that possession can be taken by the State.

H. IF VEHICLE DOES NOT COMPLY

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

In the event any bid item delivered by the contractor does not comply with these specifications, conditions and requirements as, accepted by the contractor, said bid item shall not be considered as being delivered. Further, if any bid item is delivered incomplete or contains any defective or damaged parts, said parts shall be removed and new parts shall be furnished by the contractor. The new parts furnished, including the transportation charges for same plus the labor for the removal and installation of said parts shall be free of all costs to the Nebraska Department of Roads or to the recipient agency to which the Department delivers the vehicle. Acceptance of delivery of the bid item(s) shall not release the contractor from liability for faulty workmanship or materials appearing even after final payment has been made.

I. GRIEVANCES AND PROTESTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Administrative procedures for filing grievances/protests, by a vendor, relating to the contract award are as follows:

1. Within ten (10) business days of the posting of the intent to award, grievances/protests are to be expressed in writing to the Materiel Division Administrator, Administrative Services, 1526 K Street, Suite 130, Lincoln, NE 68508. The letter should state the bid number and specific issues that are to be addressed.

2. A response will be made by the Materiel Division Administrator.3. If the response from the Materiel Division Administrator has not satisfied the grievance of the vendor, a

protest letter is to be sent to the Director of Administrative Services, 1526 K Street, Suite 250, Lincoln, Nebraska 68508.

4. A meeting will be scheduled with the vendor, the ordering agency (optional) the Materiel Division Administrator and the Director of Administrative Services to discuss the issues.

5. A written response of the final decision by the Director of Administrative Services will be sent to the vendor.

6. Step 3 may be eliminated if the vendor opts to grieve simultaneously to both the Materiel Division Administration and the Director of Administrative Services.

If the vendor protesting the award of contract does not agree with the final decision in the administrative process, the vendor may then protest to the Federal Transit Administration (FTA) in accordance with FTA Circular 4220.1F (or current Circular).


J. TERMINATION FOR CONVIENANCE

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The State of Nebraska may terminate this contract, in whole or in part, at any time with a 30-day written notice to the contractor. The contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The contractor shall promptly submit its termination claim to be paid the contractor. If the contractor has any property in its possession belonging to the State, the contractor shall account for the same, and dispose of it in the manner the State Purchasing Administrator directs.

K. TERMINATION FOR DEFAULT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

If the contractor does not deliver bid items in accordance with the contract delivery schedule, or if the contractor fails to perform in the manner called for in the contract, or if the contractor fails to comply with any other provisions of the contract, the State of Nebraska may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the contractor is in default. The contractor will only be paid the contract price for items delivered and accepted.

L. NO OBLIGATION BY THE FEDERAL GOVERNMENT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

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

M. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

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


impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems appropriate.

N. FEDERAL CHANGES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

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

O. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

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 (or current Circular), are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any State requests, which would cause the State to be in violation of the FTA terms and conditions.

P. CIVIL RIGHTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The following requirements apply to the underlying contract:

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

2. EQUAL EMPLOYMENT OPPORTUNITYThe following equal employment opportunity requirements apply to the underlying contract:

a. Race, Color, Creed, National Origin, Sex (including pregnancy), Mental/Physical Disability, Age (40 or over), Genetic Information or any other basis prohibited by lawIn accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the contractor agrees to comply with all applicable equal opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No.11246, “Equal Employment


Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. 2000e note), and with any applicable Federal Statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the project. The contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the contractor agrees to comply with any implementing requirements FTA may issue.

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

c. DisabilitiesIn accordance with Section 102 of the Americans with Disabilities Act, as amended, U.S.C. 12112, the contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the contractor agrees to comply with any implementing requirements FTA may issue.

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

Q. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Instructions for CertificationBy signing and submitting this bid or proposal, the prospective lower tier participant certifies to the following:

1. 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 State may pursue available remedies, including suspension and/or debarment.

2. The prospective lower tier participant shall provide immediate written notice to the State 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.

3. 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 implementing Executive Order 12549 [49 CFR Part 29]. You may contact the State for assistance in obtaining a copy of those regulations.

4. 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 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 State.

5. 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.

6. 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.

7. 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.

8. Except for transactions authorized under paragraph 4 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 State may pursue available remedies including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and VoluntaryExclusion - Lower Tier Covered Transaction”

a. The prospective lower tier participant certifies, by submission of this bid or proposal,] that neither it nor its “principals” [as defined at 49 C.F.R. 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.

b. 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.

R. ENERGY CONSERVATION REQUIREMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

By signing and submitting this bid or proposal, the prospective lower tier participant certifies that it will 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.

S. CLEAN WATER REQUIREMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

By signing and submitting this bid or proposal, the prospective lower tier participant certifies that it will comply with all applicable standards, orders or regulations issued to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The contractor agrees to report each violation to the purchaser and understands and agrees that the purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

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


T. CLEAN AIR REQUIREMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

By signing and submitting this bid or proposal, the prospective lower tier participant certifies that it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The contractor agrees to report each violation to the purchaser and understands and agrees that the purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

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

U. BUS TESTING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA’s Implementing regulation at 49 CFR Part 665 and shall perform the following:

1. A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the Department of Roads.

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

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

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

V. PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor agrees to comply with 49 U.S.C. 5323(1) and FTA’s implementing regulation at 49 CFR Part 663 and to submit the following certifications:

1. BUY AMERICA REQUIREMENTSThe contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America with their bid. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation, prior to bid award, which lists a) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and b) the location


of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and cost of final assembly.

2. SOLICITATION SPECIFICATION REQUIREMENTSThe contractor shall submit evidence that it will be capable of meeting the bid specifications.

3. FEDERAL MOTOR VEHICLE SAFETY STANDARDS (FMVSS)The contractor shall submit the manufacturer’s FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS.

W. RESTRICTIONS ON LOBBYING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The Lobbying Certification must be signed by a legally authorized representative of the Bidder's firm and returned with the bid.

X. BUY AMERICA

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor agrees to comply with 49 U.S.C. 5323 (j)(2)(C) and 49 CFR Part 661.11, rolling stock not subject to a general waiver must be manufactured in the United States and meet the percent of domestic content requirements of the Fixing America’s Surface Transportation (FAST) Act provisions for date of delivery of rolling stock. Thus, for vehicles delivered in FY-2018 and FY2019, the domestic content must be more than 65 percent domestic content, and for vehicles delivered in FY2020 and beyond, the domestic content must be more than 70 percent The certification must be signed by a legally authorized representative of the bidder's firm and returned with the bid.

Y. DISADVANTAGED BUSINESS ENTERPRISES (DBE)

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

In accordance with Title 49 of the Code of Federal Regulations, Part 26, Subpart C, Section 26.49 Special Provisions for Transit Vehicle Manufacturers, it is a requirement that each vehicle manufacturer must certify compliance with this section as a condition of authorization to bid on transit vehicle purchases, which are utilizing Federal Transit Administration funds. The regulation provides that the Transit Vehicle Manufacturer will certify that:

1. They have submitted annual overall DBE goals to FTA; and that,2. FTA has either approved their overall goals, or that FTA has not disapproved their overall goals.

The certification must be signed by a legally authorized representative of the bidder's firm and returned with the bid. A Transit Vehicle Manufacturer failing to make this certification is considered non-responsive and cannot be awarded the contract.

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty (30) days from receipt of each payment the prime contractor receives from the State. The prime contractor agrees further to return retainage withheld to ensure satisfactory completion of the work, to


each subcontractor within 30 days after the subcontractor achieves the specified work as verified by payment from the State.

Any disputes that arise regarding the satisfactory completion of work by a subcontractor may be brought to the attention of the State, which will make a determination. Any delay of payment from the above-referenced time frame may occur only for good cause following written approval from the State. This clause applies to both DBE and non-DBE subcontractors.

The failure by the prime contractor to carry out the requirements of the Prompt Payment Clause and/or timely return of retainage, without just cause, is a material breach of this contract, which may result in the State withholding payment from the prime contractor until all delinquent payments have been made (no interest will be paid for the period that payment was withheld), termination of this contract, or other such remedy as the State deems appropriate.

Note: The prime contractor may withhold payment only for just cause, and must notify the State in writing of its intent to withhold payment prior to actually withholding payment. The prime contractor shall not withhold, delay or postpone payment without first receiving written approval from the State.

Z. ACCESS TO RECORDS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

ADDITIONAL FEDERAL REQUIREMENTS

ACCESS TO RECORDS49 C.F.R. 19.48

49 U.S.C. 5325(a) 49 U.S.C. 5302(a)149 CFR 18.39(i)(11)

Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

Where any Purchaser which is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

The contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR Part 18.

FTA does not require the inclusion of these requirements in subcontracts.


AA. DISPUTE, BREACHES AND OTHER LITIGATION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


DISPUTE/BREACHES/OTHER LITIGATION49 CFR Part 18

FTA Circular 4220.1E

In the event of any dispute between the State and contractor with respect to the interpretation of this contract, any required payment under or the performance required by this contract, including any dispute which may result in a claim, (a “Dispute”), the aggrieved Party shall notify the other in writing of the Dispute then existing (the “Dispute Notice”). In order for a Party to proceed under this Section, the Dispute Notice must specifically state that the aggrieved Party is invoking the Dispute procedure of this Section. The Parties shall then make a good faith attempt to resolve the Dispute, first through direct discussions between their respective designated representatives. In the event the designated representatives are unable to reach agreement then upon the written request of either Party, each of the Parties will appoint a designated executive whose task it will be to meet for the purpose of endeavoring to resolve such dispute. The designated executives shall meet in Lincoln, Nebraska, as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue which the Parties believe to be appropriate and germane in connection with its resolution. Such executives will discuss the problem and/or negotiate in good faith in an effort to resolve the dispute without the necessity of any formal proceeding relating thereto. No action for the resolution of such dispute outside of these procedures shall be taken by either Party until one of the designated executives concludes in good faith that amicable resolution through continued negotiation of the matter in issue does not appear likely and so notifies the other designated executive in writing either party in its sole discretion may invoke litigation, provided that failure to invoke litigation shall not be a waiver of any such Dispute except as otherwise provided in the contract. During any mediation or litigation which arises out of a Dispute, all parties will continue to perform pursuant to the contract, without prejudice to the express rights of either Party set forth in this Section to terminate the contract.

BB. CARGO PREFERENCE

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


CARGO PREFERENCEMaster Agreement §14.b

The contractor agrees:

1. 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.

2. 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 loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market


Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.)

3. To include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

CC. FLY AMERICA

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


FLY AMERICA49 U.S.C. 40118

41 CFR Part 301-10

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

DD. OVERTIME REQUIREMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


CONTRACT WORK HOURS AND SAFETY STANDARDS ACT29 CFR 5.5(a)(1)(iv)

40 U.S.C. section 33329 C.F.R. Part 1926

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

EE. VIOLATION; LIABILITY FOR UNPAID WAGES’ LIQUIDATED DAMAGES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


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

FF. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

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

GG. SUBCONTRACTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.

HH. PAYROLLS AND BASIC RECORDS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs


and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

II. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, " Safety and Health Regulations for Construction " 29 C.F.R. Part 1926. Among other things, the contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions.

JJ. SUBCONTRACTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

The contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials which will become an integral part of the construction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market.

KK. ADA ACCESS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


ADA ACCESS49 U.S.C. § 5301 (d)

29 U.S.C. § 79442 U.S.C. §§ 12101 et seq.42 U.S.C. §§ 4151 et seq.

The contractor agrees to comply with the requirements of 49 U.S.C. § 5301 (d), which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement that policy. The contractor also agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent


amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

LL. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


SPECIAL NOTIFICATION REQUIREMENT FOR STATESMaster Agreement §36

To the extent required by Federal law, the State agrees that, in administering any Federal assistance Program or Project supported by the Grant Agreement or Cooperative Agreement, any request for proposals, solicitation, grant application, form, notification, press release, or other publication involving the distribution of FTA assistance for the Program or the Project shall indicate that FTA is the Federal agency that is providing the Federal assistance, the Catalog of Federal Domestic Assistance Number of the program from which the Federal assistance is authorized, as may be applicable, and the amount of Federal assistance FTA provided.

MM. NEW EMPLOYEE WORK ELIGIBILITY STATUS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


NEW EMPLOYEE WORK ELIGIBILITY STATUS8 U.S.C. 1324a

Neb. Rev. Stat. §4-108

The contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.

If the contractor is an individual or sole proprietorship, the following applies:

1. The contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us.

2. If the contractor indicates on such attestation form that he or she is a qualified alien, the contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

3. The contractor understands and agrees that lawful presence in the United States is required and the contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.


NN. SPECIAL PROVISION-TEXT MESSAGING WHILE DRIVING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:


SPECIAL PROVISION – TEXT MESSAGING WHILE DRIVING23 U.S.C.A. § 402 note

In accordance with Executive Order No. 13513,Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While Driving December 30, 2009, the Grantee is encouraged to comply with the terms of the following Special Provision.

1. Definitions - As used in this Special Provision:a. Driving - Means operating a motor vehicle on a roadway, including while temporarily stationary

because of traffic, a traffic light, stop sign, or otherwise. Driving does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.

b. Text Messaging - Means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law.

2. Safety - The Grantee is encouraged to:

a. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving-

i. Grantee-owned or Grantee-rented vehicles or Government-owned, leased or rented vehicles;

ii. Privately-owned vehicles when on official Project related business or when performing any work for or on behalf of the Project; or

iii. Any vehicle, on or off duty, and using an employer supplied electronic device.

b. Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as:

i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

c. Include this Special Provision in its sub-agreements with its sub-recipients and third party contracts and also encourage its sub-recipients, lessees, and third party contractors to comply with the terms of this Special Provision, and include this Special Condition in each sub-agreement, lease, and third party contract at each tier financed with Federal assistance provided by the Federal Government.


OO. ASSIGNMENT AND SUBCONTRACTING

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

NDOR reserves the right to assign all or any portion of the vehicles awarded under this contract including option quantities provided that

1. Such units are no longer required by NDOR; and,2. NDOR written approval to assign its options is obtained by the interested party(s) prior to issuing a

purchase order, obligating funds, etc.

NDOR’s right of assignment shall remain in force throughout the term of the contract or until all options have been executed, whichever occurs first.

PP. LICENSING REQUIREMENTS

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

All bidders must comply with the licensing requirements for motor vehicle dealers established under the Motor Vehicle Industries Licensing Act, Nebraska Revised Statutes, Chapter 60, Article 14. The licensing requirements must be met at time of bid opening for the bid to be valid. Bidder must include copy of current Nebraska Motor Vehicle Dealer License prior to bid award.

QQ. FACTORY INSPECTION

Accept (Initial)

Reject (Initial)


NOTES/COMMENTS:

Prior to the completion of the first vehicle at the factory, two Department of Roads’ representatives and the successful bidder’s authorized representative will do an inspection of the bid vehicle at the successful bidder’s manufacturer. Adequate indoor facilities shall be available to conduct the inspection without interference of the weather. The vehicle must meet the requirements of the specifications prior to any further units being produced under the awarded contract.

Travel costs for transportation, meals and lodging for each representative of the Department of Roads shall be at the vendor’s expense until inspection is complete. Travel arrangements to the inspection must be at the convenience and approval of the appropriate Department of Roads’ officials.

Travel beyond 200 miles will be by commercial airline.


VI. INVITATION TO BID - TECHNICAL SPECIFICATIONS

BIDDER INSTRUCTIONS Bidder must respond to each of the following statements. Specifications listed are minimum conditions that must be met in order for a Bidder to qualify for the award.

“YES” response means the Bidder guarantees they can meet this condition.

“NO” response means the Bidder cannot meet this condition and will not be considered.

“NO & PROVIDE ALTERNATIVE” responses should be used only with a narrative response in the NOTES/COMMENTS section explaining in detail any deviation from the Bidder’s ability to meet the condition, and an explanation of how this would be determined to be an acceptable alternative to meeting the condition. Alternatives must be detailed in such a way that allows such deviations to be fully evaluated. The State of Nebraska shall determine at its sole discretion whether or not the Bidder’s alternative is an acceptable alternative.

DEFINITIONSThe following are definitions of special terms used in these technical specifications:

1. CURB WEIGHTThe "as delivered" weight of the vehicle with all equipment required for operation, all equipment required by these specifications, and with maximum fuel, oil, and coolant, but without driver or passengers.

2. HEAVY-DUTYWhere used in these specifications, the term "heavy-duty" shall mean that the item to which it is applied is to exceed the usual quality or capacity of similar items normally supplied as standard equipment, and that the item shall be capable of withstanding unusual stress, temperature, wear, exposure, and/or use.

3. CRASHWORTHINESSThe body and roof structure of the vehicle shall withstand a static load equal to 150 percent of the curb weight, as defined in Item 1 above, evenly distributed on the roof with no more than a 6-inch reduction in any interior dimension. When the roof is fully loaded as specified above, each emergency exit of the vehicle provided in accordance with FMVSS No. 217 shall still be capable of opening as specified in that standard.

4. GROSS VEHICLE WEIGHT RATING (GVWR)Gross vehicle weight rating shall be no less than the sum of curb weight as defined in Item 1 above plus 150 pounds for the driver and for each passenger seating position other than a folding jump seat plus 300 pounds for each wheelchair space provided.

5. SEATING CAPACITYThe vehicle must be capable of accommodating a wheelchair lift, the driver, at least two standard wheelchairs with seated passengers, and no fewer than nine ambulatory passengers seated in regular passenger seats installed as specified in Section IV.J.2.

A. NON-COMPLIANCE STATEMENT

YES NO NO & PROVIDE ALTERNATIVE

1. Read these specifications carefully. Any and all exceptions to these specifications must be written on or attached to quotation request. Any noncompliance may void your quotation. Non-compliance to any single specification can void your bid.

2. It is the responsibility of Bidders to obtain information and clarifications as provided below. The State of Nebraska is not responsible for any erroneous or incomplete understandings or wrongful interpretations of this Invitation to Bid by any Bidder.


3. No interpretation related to the meaning of bid specifications or other pre-bid documents will be made orally to any Bidder by the State of Nebraska. Any Invitation To bid interpretation must be put in writing and faxed by the Bidder to: the State Purchasing Bureau, Fax (402) 471-2089 or e-mailed to AS Materiel Purchasing [email protected] by the last day to submit written questions that is specified in the Schedule of Events. (Inquiries received after the last day to submit written questions may not be addressed).

NOTES/COMMENTS:

B. GENERAL REQUIREMENTS


1. The manufacturer of the bus body must be certified to be in compliance with Quality Standards of the ISO (International Organization for Standardization) 9001:2000 with regard to the sale, design and manufacture of the bus. Bidder must provide proof that bus manufacturer is certified by ISO and a copy of the manufacturer’s ISO Certification should accompany bid, but must be submitted prior to bid award.

The vehicle to be procured must provide suitable public transportation in light transit or paratransit service. It must serve the needs of the physically and mentally handicapped, including those who must travel in wheelchairs. It will be operated primarily in rural and small urban areas.

At times, the vehicle may be operated at or near maximum legal speeds on highways or on rural roads. Consequently, crashworthiness and operating safety are of paramount importance. Passenger comfort and convenience are also highly important, and the vehicle must provide increased headroom, a low entrance step, and a high-quality interior trim and seating package. Seating must afford adequate hip-to-knee room and leg room for arthritic or rheumatic passengers of the physical dimensions given for a 95th percentile male by SAE Recommended Practice J833.

The vehicle must operate reliably in ambient temperatures ranging from -25° to +115° F, and must be equipped with climate control and engine cooling systems that will cope with such extremes for extended periods. In addition, oils, greases, and fluids used in subsystems such as wheelchair lifts must be suitable for such temperatures.

The vehicle may be operated by transportation providers who lack a backup vehicle. To preclude unnecessarily extended down times, complete warranty and after-sales service must be available in Nebraska for the completed vehicle and for all installed subsystems, including air conditioning systems, wheelchair lifts, and so on. Bidders should furnish with their bids the name and address of the agency that will be responsible for such service activities but must be submitted prior to bid award.

NOTES/COMMENTS:

C. GENERAL DIMENSIONS AND CAPACITITES


mailto:[email protected]


1. Interior WidthMinimum 85 inches.

2. Interior HeadroomMinimum 73 inches.

3. Overall Width (excluding mirrors)Maximum 96 inches.

4. Overall Height (including safety vent)Maximum 118 inches. A vehicle clearance sticker indicating the maximum height of the vehicle in feet and inches shall be provided and located in easy view of the driver, preferably above the windshield directly in front of the driver.

5. WheelbaseMinimum 158 inches.

NOTES/COMMENTS:

D. CHASSIS AND RELATED SYSTEMS


1. Chassis2017 or Current Production Year Ford cutaway minimum GVWR of 14,500 pounds; 2017 or Current Production Year Chevrolet cutaway minimum GVWR 14,200 pounds.

2. EngineMinimum 6.0L gasoline.

3. CoolingManufacturer's heavy duty, increased capacity. Permanent ethylene glycol-base antifreeze protection to 30 degrees below zero Fahrenheit required.

4. SteeringManufacturer's recommended power steering.

5. BrakesManufacturer’s recommended power service brakes designed for the GVWR of the vehicle.

6. TransmissionAutomatic.

7. DifferentialManufacturer's recommended gear ratio.

8. Shock AbsorbersHeavy-duty shock absorbers are required, both front and rear, if available by manufacturer.

9. Wheels and TiresDual rear wheels shall be provided on vehicle. The inner dual will be equipped with a solid brass air valve extension or braided stainless steel “live stem” air valve extension hose (minimum rating of 120 psi) with securement clamps. Valve extensions should not extend beyond the outer edge of the rim of the outside dual. The vehicle shall be equipped with two front and four rear matching wheels and tires. Wheels and tires shall be adequate to comply with manufacturer’s GVWR of vehicle. All


wheels’ color shall be compatible to the exterior color of the vehicle. Radial tires required.

10. Fuel TankMinimum 30 gallons.

11. Bumpers and Tow HooksManufacturer's standard bumper is acceptable. Rear tow hooks required.

12. ThrottleAn auto-throttle system that senses when the electrical current draw exceeds alternator output and increases the engine idle RPM while the vehicle is stationary.

13. AlternatorMinimum 130 amperes

14. BatteriesManufacturer's heavy-duty dual batteries with at least one mounted on a slide-out battery tray, such as that produced by Kwikee Products Co., Drain, Oregon or equivalent. The sliding tray shall be enclosed with entry through a key lock door and located under the body behind the entry door on the passenger side of the vehicle.

15. Speed Control/Tilt Steering WheelManufacturer's required.

16. Back-up AlarmBack-up alarm required.

17. Back-up CameraHigh definition color camera able to process excellent images at all light conditions, even in complete darkness. The camera’s field of vision shall be a minimum of 120 degrees for superb coverage behind the vehicle. The system shall be weather proof with an IP67 rating, shock resistant with a minimum of a one year warranty and complies with the latest NHTSA 49 C.F.R. Parts 571 and 585. Backing camera shall be mounted at the top of the rear end cap of the vehicle. A 6”X16” internal rear view mirror with a 7” monitor for rear back up camera is to be provided and mounted above the windshield. Mirror is to afford a view of the passenger and roadway to the rear.

18. Emergency FlashersThe wiring for emergency flashers shall utilize the turn signal bulbs in lieu of the brake light bulbs, so the emergency flash will work when the brake pedal is depressed.

19. Mud FlapsMud flaps front and rear required.

20. ExhaustVehicle shall have street side exhaust system (exits the left side of vehicle) behind rear axle and a minimum of 3” ahead of the rear bumper. Exhausts that run closer than 8” to the fuel tank must have metal heat shields or clamp on heat shield jacket between the exhaust and fuel tank.

21. Rear SuspensionRear suspension shall be equipped with MORryde rubber suspension or approved equivalent.

NOTES/COMMENTS:

E. AUXILIARY SYSTEMS, MISCELLANEOUS PARTS, AND ACCESSORIES



1. Exterior LightingThe exterior lighting system shall conform to the requirements of FMVSS No. 108 and 49 CFR Part 38 Subpart B 38.31.

2. Interior LightingThe interior lighting system shall provide bright floor surface illumination in the entryway and aisle, when required. A separate overhead lamp shall be provided for the driver's use. All lamps shall operate with or without the engine running, and the entrance steps shall be automatically illuminated whenever the entrance doors are open, day or night and conform to 49 CFR Part 38 Subpart B 38.31.

3. Heating and Defrosting SystemThe heating system shall have at least two unit type heaters, one located in the driver's area and one in the passenger area. The output of each heater shall be individually adjustable by means of controls easily reached by the seated driver. There shall also be a standard windshield defrosting and defogging system that meets or exceeds the performance requirements of SAE J382.

4. Air-conditioning SystemThe system shall have two separate air conditioners (dual compressor) a factory installed dash-mounted unit (13,000 BTU min.) and an auxiliary unit for the passenger area. The auxiliary unit shall have its own compressor, a skirt mounted condenser with a free blowing evaporator and a minimum output of 52,000 BTU/hr. The output of each unit shall be individually adjustable by means of controls easily reached by the seated driver. A detailed description of the air-conditioning units should be submitted with each bid, but must be submitted prior to bid award.

5. Windshield Wipers and WashersDual, electrically driven wipers (with intermittent wipe) and washers shall be furnished, and the washing fluid reservoir shall have a capacity of no less than one quart.

6. Rearview MirrorsThe OEM rear view mirror mounted on the windshield will be provided. A 6”X16” internal rear view mirror mounted above the windshield with a 7” monitor for rear back up camera is to be provided. Mirror is to afford a view of the passenger and roadway to the rear.

External rear vision mirrors on right and left side of vehicle shall be heated, power adjustable type with 15” Mirror Head Standard (2 in 1) Flat and Convex Glass.

7. Sun VisorA fully adjustable interior sun visor shall be provided for the driver. The sun visor shall not interfere with the driver's view of the rearview mirrors.

8. HornThe vehicle shall be equipped with an OEM horn.

9. Controls and InstrumentsAll controls shall be within the driver's arm reach with seat belt fastened. Instrumentation shall include an oil pressure gauge, a coolant temperature gauge, a charge indicator with graduated charge-discharge scale, and an engine hour meter.

10. AM-FM Radio and Speaker SystemA good quality, 10-watt minimum power output, push-button AM-FM stereo clock radio with a minimum of four speakers shall be provided. The speakers shall be positioned to allow for balanced audio coverage within the vehicle. At least two speakers shall be mounted in the forward area and a minimum of two speakers shall be mounted at least halfway to the back of the vehicle. The speakers shall be enclosed so as to provide protection from damage and all wiring shall be concealed. A balance control for the front and rear speaker shall be provided and located within easy reach of the driver.


NOTES/COMMENTS:

F. EMERGENCY EQUIPMENT


1. First Aid KitA 12-unit first aid kit provided with instruction for the use of its contents shall be securely mounted in a location readily accessible to the driver.

2. Fire ExtinguisherA UL approved fire extinguisher shall be bracket mounted in a location readily accessible to the driver. Size shall be no less than five-pound with a total rating of not less than 2A, 10-B:C or UL approved equivalent.

3. Warning DevicesA kit of three folding bi-directional emergency reflective triangles that conform to the requirements of FMVSS No. 125 shall be provided.

4. Safety VentA Dual Purpose Safety Low Profile roof vent such as the Transpec Econovent roof hatch or equivalent shall be provided. Safety vent exterior height shall not exceed 2” above vehicle roof. This will be mounted according to the directions of the manufacturer near the middle of the passenger compartment. Installation of roof hatch shall include gasket to seal out moisture.

5. Blood-borne Pathogens KitWill be provided with a minimum of the following items. Latex Gloves, CPR Mask, Goggles, Apron, Disinfectant Wipes, Absorbent and Scoop, and an I.D. tag and red plastic bag.

NOTES/COMMENTS:

G. BUS BODY


1. StructureThe body structure shall be steel reinforced fiberglass or steel reinforced plastic that will withstand flexing or fatigue that would make the vehicle unfit for safe and weather-tight operation. The exterior body panels shall be constructed of gel-coated fiberglass reinforced plastic. The body structure shall form an integrated unit. All points, such as joints and corners, at which stress concentrations may occur shall be reinforced as needed to carry required loads and withstand road shock. All structural framing shall be designed and constructed so that each member carries its proportionate share of stresses. Framing members shall be of durable channel, box, hat, zee, or similar cross section. End posts shall be designed to resist shear, and vertical members shall be securely fastened to under frame components so that the entire structure shall act as one unit without any movement at the joints.

2. Body ExteriorFiberglass reinforced plastic shall be used for the construction of the bus body securely fastened to the interior structural members. The entire body shall be thoroughly tested by the final-stage manufacturer and


made as nearly dust-proof and watertight as practicable.3. Roof

Roof construction may employ steel, aluminum, or fiberglass panels. The requirements must meet the definition of CRASHWORTHINESS, page 38 Item 3.

4. Body InteriorInner lining panels shall be gel-coated fiberglass reinforced plastic. Wood or fiber panels shall not be used. To minimize the need for vertical seams, all interior panels shall extend full-length longitudinally, where practical. Where seams are unavoidable, all exposed edges shall be beaded, hemmed, or flanged with the rearward components lapped over the forward components.

5. FloorA ¾ inch thick underlayment shall be applied over a lower metal floor structure. The ¾” underlayment shall be Thermo-Lite Board Model 2651a fiber-reinforced urethane composite material by Space Age Synthetics or plywood underlayment completely fiberglass gel coat sealed to prevent moisture infiltration. All plywood edges are to be sealed prior to being attached. The underlayment floor shall be laid with no gaps or openings.

6. Wheel HousingsThe housings shall provide ample clearance for operating the fully loaded vehicle with tire chains and with unrestricted steering. Splash aprons and fenders shall be provided if tires extend beyond the sides of the vehicle.

7. Access HatchesAccess panels or hatches shall be provided where needed to service transmission, engine, radiator, battery, air conditioning components, etc.

8. Anti-corrosion TreatmentAll metallic body components, including the surfaces of those interior body panels and posts that are to be covered by insulation or trim materials, shall be thoroughly protected against corrosion by means such as bonderizing or the application of multiple coats of anti-corrosive primer. All nuts, bolts, clips, washers, clamps, and like fasteners shall be plated or phosphate-coated to prevent corrosion.

9. InsulationThe ceiling and all inside walls of the vehicle shall be moisture proof and contain thermal and acoustic insulating characteristics. The insulating material shall have a minimum of R-5 rating.

10. UndercoatingThe entire body/frame under-structure of the vehicle shall be fully undercoated with nonflammable resin-type material, poly-oleum, or the equivalent in accordance with vehicle chassis standards.

NOTES/COMMENTS:

H. WINDSHIELD AND WINDOWS


1. Safety RequirementsAll glazing materials shall conform to the requirements of FMVSS No. 205. All windows shall conform to the requirements of FMVSS No. 217, and emergency egress shall be provided as specified in that standard.

2. Side WindowsAt least 3,700 square inches of window space shall be furnished in addition to windows installed in doors. Windows shall be T side panel type. All side windows shall be top vented (except for left rear window


above tailpipe) to allow for ventilation and all side windows shall provide a clear view to the outside from each passenger seat position. All windows shall be tinted.

3. Rear WindowsA rear window surface area of no less than 390 square inches shall be provided and must provide emergency egress from the vehicle.

NOTES/COMMENTS:

I. DOORS


1. Entrance Door and StepwellThe vehicle shall be equipped with a two section, jackknife or split type main entrance door located opposite the driver. The door shall be at least 80 inches high. The door control shall be manually operated with over center linkage of the self-locking type, and shall be easily operated by the seated driver with seat belt fastened. The stepwell shall be corrosion-resistant steel. Step treads shall be at least 9 inches deep. The entry step shall be 12 inches (plus or minus 1 inch) above ground level and subsequent step risers shall be no greater than 10 inches.

2. Driver's Door and Running BoardA front-hinged, sedan type door with roll-down window and exterior key lock shall be provided at the left-hand side of the driver's seat. A driver’s side running board that runs from the front wheel mud flap to a minimum of 4 inches past the back of the driver’s door that will accommodate a driver weighing up to 325 pounds shall be provided. Running board at a minimum shall be 8 inches wide at the mid area of the driver door to allow adequate surface for safe entry and exit of vehicle. Running board shall be secured to the vehicle with steel braces that are rust resistant. Running board deflection shall not be greater than ¼ inch when used to enter and exit vehicle by driver.

NOTES/COMMENTS:

J. SEATS AND AISLE


1. Driver's SeatMulti-position cloth driver’s seat, such as Evolution G2ELP series cut-away driver seat by Freedman Seating Company of Chicago, Illinois, with PIM mechanical suspension, two-way, mechanically adjustable lumbar, 45 to 100 degree adjustable back, four-way adjustable headrest, fore/aft adjustments, and front adjustable flip-up right side armrest or approved equivalent shall be provided. The seatbelt assembly shall be a combination of pelvic and upper torso-restraint (Type 2) with retractors. The seatbelt assembly and seatbelt anchorages shall conform to the requirements of FMVSS Nos. 207, 208, 209, and 210.

2. Passenger SeatsAll cloth double passenger seats with flip up aisle US armrest, aisle side seat grab handles on top of mid-back or mid-hi seats with lumbar support mounted on track. Seat back height from the top of the seat cushion will be a minimum of 22 inches. Each passenger seating


position shall be equipped with an under seat retractor seat belt assembly and belt anchorages that conform to the requirements of FMVSS Nos. 209 and 210. Leg room, the horizontal distance forward from the front surface of a seat cushion to the rear of another seat or other obstruction shall be no less than 10 inches.

3. Color and Fabric for Passenger SeatsColor of fabric shall be NPF by CMI #831 Pinwheel Mono Blue treated with Nanocide by Freedman Seating Company or approved equivalent.

4. AisleAisle width shall be no less than 14 inches.

NOTES/COMMENTS:

K. FRONT WHEELCHAIR ACCOMMODATIONS


1. Lift Access DoorsSplit type outward-opening lift access doors located on the right-hand side (curb side) of the vehicle to the rear of the right rear wheel well as shown in FIGURE 1, page 55, shall be provided. The lift access doors shall be constructed so as to be equivalent in strength and materials to other areas of the body and shall be fitted with weather seals at all edges so as to exclude dust and moisture. Minimum vertical opening of the doors shall be 68 inches. The minimum door clear opening width when doors are fully opened shall be 44 ½ inches. The doors shall be equipped with windows with bottoms approximately aligned with those of the main side windows and of the maximum width appropriate to the width of the doors. The windows shall conform to the requirements of Section H.1. above. Both doors shall be fitted with latching mechanisms to secure each door when closed. One door shall have a locking latch which allows both doors to be securely locked when closed. Gas shocks or spring resistant door restraints shall be provided to hold the doors in the fully open position while the lift is in operation. An interlock shall also be provided to disable all lift controls whenever the doors are closed.

2. Wheelchair LiftA front pump 12-volt, fully automatic, electrohydraulic or electromechanical, folding platform wheelchair lift with a design load of not less than 600 pounds shall be installed inside the lift access doors. Installation of the lift shall not diminish the vehicle's structural integrity.

The platform lift shall be certified by the manufacturer to meet the requirements of DOT 49 CFR Part 38. The brand name and model number of the lift to be provided should be identified and manufacturer's literature should be included with the bid, but must be submitted prior to bid award.

When in the stowed configuration, all parts of the lift shall be completely housed within the vehicle.

The platform shall measure at least 34 inches wide by 51 inches long. The platform shall be equipped with a hydraulic powered automatic outboard roll stop. The barrier shall be erected automatically by means that prevent deactivation of the barrier while the platform is unfolded and is more than four inches above the ground or curb.

The platform shall rise and descent smoothly with no sudden acceleration, deceleration, or jerking motion while bearing any load up


to and including 100% of the design loan load in ambient temperatures of -25° to +115° F.

The entire lift electrical system shall be protected by a master circuit breaker. Maximum operating current shall not exceed 180 amps. Lift control switches housed in a hand-held, weatherproof switch box shall be provided. The switch box shall permit remote control of all lift functions and shall be connected to the end of a flexible, cut-resistant electrical cable of sufficient length to allow safe, convenient lift operation by an attendant in the vehicle or standing on the ground beside the lift door. There shall be two mounting areas for securing the handheld control box when not in use. One shall be provided for access from within the vehicle and the other from outside the vehicle when lift doors are open. All lift controls shall be clearly labeled so as to be easily understood. Wheelchair lift and installation shall comply with Federal Motor Vehicle Safety Standards 403 and 404.

3. Wheelchair Transport SpaceAt least two functional wheelchair transport spaces shall be provided. The spaces shall be located as shown in FIGURE 1, page 55. Each such space shall be at least 30 inches wide and 48 inches long.

4. Wheelchair SecurementEach wheelchair space shall be equipped with auto-tensioning, auto locking retractor style restraint system with knobs that allows for final tightening of the securement if necessary. Securement system must meet the requirements of DOT 49 CFR Part 38, SAE J2249, WC 18, along with all recognized government standards. This system shall be installed according to the manufacturer’s instructions and specification. Securement system should consist of the following items produced by Sure-Lok or equivalent.

a. Kit No. AL812S-4C-7 securement system. Kit contains:

i. Four (4) - AL800855S - Auto-tensioning retractors with L track fitting, tightening knobs, stud fitting and J hook.

ii. One (1) - AL700868 - 4 Occupant restraint buckle connector assembly with stud fitting.

iii. One (1) - AL700771 - Fixed-point mount occupant restraint retractor with height adjuster and stud fitting.

b. 8705 Web Cutter;c. FE200750 Quick Strap - 4 per position;d. FE2001145 Mesh Storage Container;

Location of the mesh storage containers for the two rear wheelchair positions are to be anchored to the back wall, the bottom of the bags are to be a minimum of fifteen inches above the floor.

e. SLCE03 Training Program CD (one per vehicle)f. AL700842 Integrated Lap Belt Length 96 inches;g. Floor anchorages will be recessed L-Track of a 6061-T6 compound

(OMI), or approved equivalent.Track shall be provided for each wheelchair position. Two L- Track 65 inches in length are to be installed in the rear of the vehicle from the street side to the curb side a minimum of 52 inches apart (54 inches preferred if possible) as recommended by the supplier’s installation instructions. Each rear wheelchair space shall have L-Track 12 inches to 14 inches long installed side to side on the back wall for the upper anchor of the occupant restraint, to accommodate adjusting for oversized wheelchairs.


NOTES/COMMENTS:

L. STANCHIONS, MODESTY PANELS AND HANDRAILS


1. StanchionsVertical, floor-to-ceiling stanchions shall be installed on the right hand side of the aisle behind the stepwell and behind the rearmost position of the driver's seat. Stanchion behind the driver seat must allow driver seat to recline to maximum extent possible with seat position slid back to the rear-most position. A clear Plexiglas or Lexan shield shall be located behind the driver above the lower panel of the stanchion separating the driver compartment from the passenger compartment. The shield shall provide handholds for support as passengers are walking up the aisle.

2. Modesty PanelsA horizontal guardrail and sheet metal barrier panel or hardboard laminate panel shall be installed as shown in Figure 1, page 55. The guardrails shall not be less than 30 inches above the floor, and the barrier panels shall extend from the guardrails to within 8 inches of the floor.

All stanchions, handrails and guardrails shall be constructed of corrosion resistant steel tubing with a minimum outside diameter of 1.25 inches. Urethane foam padding with a minimum 3/8-inch wall thickness shall be applied to the tubing so that guardrails are fully padded and stanchions are padded from within 3 inches of the ceiling to within 3 inches of the floor.

3. Handrails and StanchionsHandrails and stanchions must be provided to meet the requirements of 49 CFR Part 38 Subpart B 38.29.

All stanchions, handrails, and guardrails shall be securely anchored to frame members or to solid bracing. Any sharp edges or protruding fasteners or brackets that might harm passengers or clothing shall be eliminated or protected.

There shall be handrails on each side of the passenger doorway. A minimum of one handrail shall run parallel to the steps and be easily accessible to aide passengers when negotiating the entry steps.

4. Priority Seating SignShall be furnished as required by 49 CFR Part 38 Subpart B 38.27.

NOTES/COMMENTS:

M. FINISHES


1. Interior FinishAll materials used in the passenger compartment, including upholstery, padding, floor covering, and insulation shall conform to the requirements of FMVSS No. 302, and materials that emit toxic gases as byproducts of


combustion shall not be used.

Floor covering shall be slip resistant exceeding the ADA minimum slip resistance standard rating of .06 static coefficient of friction, under dry or wet conditions. Floor covering shall be constructed with aluminum oxide, silicon carbide, quartz and optional PVC chip blended throughout a high quality vinyl wear surface (top coating is not acceptable). Backing to be polyester cellulose material with fiberglass fiber reinforced center scrim for additional durability. Floor covering shall be Meta 2.2 mm or greater, color TFM22903 Storm by Altro Transflor or approved equivalent.

The whole floor will be a uniform thickness throughout the vehicle, eliminating the need for ribbed surfaces. Seams are to be heat welded to provide a permanent waterproof seal against water penetration. All trim edges (if used) are to be sealed by heat welding or with mastic/caulk by the manufacturer’s instructions before installation.

Floor covering is to be installed on the passenger entrance steps and risers according to the manufacture’s recommendations. Step edging shall be yellow vinyl step nosing installed according to the floor covering manufacture’s recommendations.

Those interior surfaces that are not padded or covered with a decorative vinyl surface shall be appropriately primed and finished with a top quality Acrylic enamel. Color of paint and other interior finishing materials shall harmonize with the vehicle's exterior finish.

2. Exterior FinishThe exterior color shall be white. All exterior surfaces shall be smooth and free of visible wrinkles and dents. To assure a proper bond between the basic surface and successive coats of paint, exterior surfaces to be painted shall be properly cleaned and primed, as appropriate for the paint used, prior to application of the paint. Exterior surfaces to be painted shall be finished with a top-quality Acrylic paint applied according to the recommendations of its manufacturer. The paint shall be applied smoothly and evenly with the finished surface free of dirt, runs, orange peel, and other imperfections.

3. Optional Raised Floor for Wheelchair PositionsThis option calls for a true raised floor, not a double floor, to provide a flat surface from behind the driver to the rear of the vehicle eliminating the protrusion of the wheel wells in the vehicle, for the purpose of additional wheelchair positions. The headroom provided in this area should be a minimum of 72 inches.

NOTES/COMMENTS:

N. MOTOR VEHICLE INDUSTRIES REGULATION ACT


1. All Bidders must comply with the licensing requirements for motor vehicle dealers established under the Motor Vehicle Industries Regulation Act, Nebraska Revised Statutes, § Chapter 60, Article 14 at time of bid. Bids will only be accepted from Bidders who are fully compliant with the Motor Vehicle Industries Regulation Act, Chapter 60, Article 14.


NOTES/COMMENTS:

O. SUSTAINABILITY


1. If any part or component of the vehicle bid contains recycled or bio-based materials(s), please list and provide detailed information on the environmental attributes.

NOTES/COMMENTS:

P. ANNUAL USAGE, ESTIMATED


1. Annual usage figures provided are estimates and are not to be construed as either a minimum or maximum purchase quantity. The orders shall be for the actual quantities of each item ordered by or for any agency during the life of the contract. Vendor shall not impose minimum order requirements.

NOTES/COMMENTS:

Q. USAGE REPORT


A. The vendor shall, upon request by the State of Nebraska, provide an annual usage report of this contract by state agencies. Information will include agency name, item, and dollar amount. Information may be requested at any time by the State Purchasing Bureau, but may typically be requested at the end of the contract period or upon renewal of the contract, or at other intervals (monthly, quarterly, etc.) as determined by the State.

NOTES/COMMENTS:

R. ORDERS


1. Orders will be placed either by, phone, fax, e-mail or Internet (if available and not to the exclusion of the other methods). All orders must reference a purchase order number and the purchase order number must be referenced on the packing slip, and invoice. Invoices are to be sent to the “Invoice to” address on the purchase order.


Once contract is awarded, purchase orders issued by ordering agencies should include vehicle description, number of units ordering, shipping and billing location, agency delivery contact name and phone number and related information.

NOTES/COMMENTS:

S. QUALITY


1. Product quality must meet specifications and be consistent for the term of the contract. A guarantee of satisfactory performance by the supplier and meeting delivery dates are considered to be an integral part of the purchase contract resulting from this bid invitation. All materials must be of first quality, under standard production by the manufacturer and be of standard design, complete as regularly advertised and marketed and be of proven performance. Products are to be fully guaranteed and may be returned for full credit or replacement (at the State’s option) for any reason during the initial warranty period with no additional charges for shipping or restocking.

NOTES/COMMENTS:

T. PRICES


1. Price quoted shall be unit price and shall be firm for 180 days from date of an award and are to be net; including transportation and delivery charges fully prepaid by the Bidder F.O.B. Destination as specified. No additional charges will be allowed for packing, handling, fuel surcharge, or partial delivery costs. Any Invitation To an increase must be submitted in writing to the State Purchasing Bureau a minimum of 30 days prior to proposed effective date of increase, and must show cause and be accompanied by supporting documentation (such as notification letter from manufacturer). Further documentation may be required by the State, to authenticate the increase (such as manufacturer invoices). Failure to supply any requested supporting documentation may be grounds to cancel the contract. The State further reserves the right to reject any proposed price increase(s), cancel the contract and re-bid if determined to be in the best interest of the State. The State will be given full proportionate benefit of any decrease for the term of the contract. No price increases are to be billed to any State Agencies without prior written approval by the State Purchasing Bureau. Contract supplier or suppliers may honor pricing and extend the contract to political sub-divisions, cities, and counties. Terms and conditions of the contract must be met by political sub-divisions, cities, and counties.

NOTES/COMMENTS:


U. AUTHORIZED DEALER & WARRANTY


1. To the extent required by the manufacturer, the Bidder shall be an authorized dealer. Bidder may be required to substantiate that he/she is an authorized dealer. Proof, if required, must be submitted to the State Purchasing Bureau within three (3) days of the request and prior to the award of any contract. The terms of the original manufacturer’s standard warranty shall apply to all equipment acquired from this solicitation for the entire warranty period.

NOTES/COMMENTS:

V. WARRANTY


1. Contractor must warrant the average life expectancy supplies hereunder to be not less than that stated in the manufacturer’s price list and agree to replace, without cost, all supplies failing to meet this requirement, except where the reduced life is due to conditions beyond the control of the Contractor. Defective parts or those damaged in shipment must be replaced by the Contractor at no charge to the State of Nebraska. The manufacturer’s standard warranty shall apply and be in effect for at least one year from the date the equipment was placed in service.

NOTES/COMMENTS:

W. SUBSTITUTIONS


1. Vendor will not substitute any item that has been awarded without prior written approval of State Purchasing Bureau.

NOTES/COMMENTS:

X. WITHDRAWAL OF BID


1. The vendor is responsible for reviewing their bid(s) before submission for accuracy and completeness, to include price. The vendor may without penalty withdraw their bid within five (5) business days of bid opening by notifying the SPB Buyer in writing.


NOTES/COMMENTS:

Y. SECRETARY OF STATE REGISTRATION REQUIREMENTS


*Prior to contract award and/or upon request of SPB, potential award recipient(s) will be asked to certify compliance with Nebraska Secretary of State Registration by providing a true and exact copy of current (dated within 90 days) valid Certificate of Good Standing or Letter of Good Standing.1. Bidder is a SOLE PROPRIETORSHIP (in which case, no Letter of Good

Standing/Certificate of Good Standing is required)

If the Bidder is an Individual or Sole Proprietorship, the following applies:

a. The Bidder must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at http://das.nebraska.gov/materiel/purchasing.html

The completed United States Attestation Form should be submitted with the Invitation to Bid response.

b. If the Bidder indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

c. The Bidder understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.

2. Bidder is a GENERAL PARTNERSHIP (in which case, no Letter of Good Standing/Certificate of Good Standing is required).

3. Bidder is a FOREIGN or DOMESTIC CORPORATION or BUSINESS and a copy of current Letter of Good Standing/Certificate of Good Standing from the Nebraska Secretary of State is provided within bid submission documents.

4. Bidder is a FOREIGN or DOMESTIC CORPORATION or BUSINESS and a copy of current Letter of Good Standing/Certificate of Good Standing from the Nebraska Secretary of State will be provided in a timely manner upon request prior to award.

NOTES/COMMENTS:


http://das.nebraska.gov/materiel/purchasing.html

FIGURE 1Floor Diagram


BIDDER’S CHECKLIST

A. The following items must be submitted with the bid.

_____ 1. Submit signed certifications. a. Buy America certification as per 49 CFR, Part 663.25b. Purchaser’s requirements certification as per 49 CFR, Part 663.27c. A manufacturer’s Federal Motor Vehicle Safety Certification as per 49 CFR, Part 663.41

B. The following items should be submitted with the bid, but must be submitted prior to bid award.

_____ 1. Copy of the Altoona Bus Testing Report for vehicle bid.

_____ 2. Furnish a copy of the current Nebraska Motor Vehicle Dealer License.

_____ 3. A detailed floor plan showing all dimensions of the proposed vehicle.

_____ 4. Each bidder should state in detail warranty provisions covering the bid item(s).

_____ 5. Furnish name and address of the agency that will be responsible for after-sale service.

_____ 6. A detailed description of the air conditioning units.

_____ 7. The brand name and model number of the lift to be provided should be identified and manufacturer’s literature should be included with the bid.

_____ 8. Furnish ISO Certification.

_____ 9. Pre-Award Requirements submitted.


CERTIFICATION OF COMPLIANCE WITH FTA’S BUS TESTING REQUIREMENTS

The undersigned [contractor/Manufacturer] certifies that the vehicle offered in this procurement complies with 49 U.S.C. 5323 and FTA’s implementing regulation at 49 CFR Part 665.

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

Date: ______________________

Company Name: _____________________________________

Signature of contractor’s Authorized Official: ___________________________________

Name and Title of contractor’s Authorized Official: _____________________________________

CERTIFICATE OF COMPLIANCE WITH PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK

The bidder will supply the items called for in the specifications.

Date: ____________________

Company Name: ______________________________________

Signature of contractor’s Authorized Official: _____________________________________

Name and Title of contractor’s Authorized Official: ______________________________________


CERTIFICATION REGARDING LOBBYING

The undersigned {contractor} certifies, to the best of his or her knowledge and belief, that:

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

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

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

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.[Note: Pursuant to 31 U.S.C. 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The contractor, __________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure. In addition, the contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

Date: ______________________

Company Name: ________________________________________________

Signature of contractor’s Authorized Official: _________________________________________

Name and Title of contractor’s Authorized Official: _____________________________________


BUY AMERICA

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

The bidder hereby certifies that it will comply with the requirements of Section of 49 U.S.C. 5323(j) and the regulations at 49 CFR Part 661 as amended by the FAST Act.

Date: ______________________

Company Name: __________________________________________

Signature of contractor’s Authorized Official: _______________________________________


Certificate for Non-Compliance With 49 U.S.C. 5323(j)(2)(C)

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) but may qualify for an exception to the requirement consistent with 49 U.S.C. 5323(j)(2)(C) or and the applicable regulations in 49 CFR, 661.11.

Date: ___________________

Company Name: ____________________________________________

Signature of contractor’s Authorized Official: ________________________________

Name and Title of contractor’s Authorized Official: _______________________________


DISADVANTAGED BUSINESS ENTERPRISES CERTIFICATION

The following certification must be signed by a legally authorized representative of the Bidder's firm and returned with the

bid.

The Bidder certifies that the transit vehicle(s) to be provided under this quotation will be provided by a manufacturer which is

in compliance with Special Provisions for Transit Vehicle Manufacturers, Title 49 of the Code of Federal Regulations,

Part 26, Subpart C, Section 26.49.

Date: ____________________________

Company Name: ____________________________________

Signature of contractor’s Authorized Official: __________________________________________



FEDERAL MOTOR VEHICLE SAFETY STANDARDS CERTIFICATION

I, _______________________________ certify that the vehicle bid will meet the following FMVSS:(Name of Vendor/Agent)

101 Controls location and identification102 Transmission shift lever sequence103 Windshield defrosting and defogging104 Windshield wiping and washing system105 Hydraulic brake system106 Brake hoses108 Lights and reflectors111 Rear view mirrors113 Hood latch system115 Vehicle identification number116 Hydraulic brake fluids119 New pneumatic tires120 Tire selection and wheels for buses124 Accelerator control system204 Steering system reward movement205 Glazing materials (window glass)206 Door lock and door retention components207 Anchorage of seats208 Occupant restraints209 Seat belt assemblies210 Seat belt assembly anchorage217 Bus window strength and emergency release220 School bus rollover protection301 Fuel system integrity302 Flammability of interior materials403 Platform lift systems for motor vehicles404 Platform lift installation in motor vehicles

_______________________________________________ ____________________

Signature Date


FORM A BIDDER CONTACT SHEET

Invitation To Bid Number 5509 OF

Form A should be completed and submitted with each response to this Invitation to Bid. This is intended to provide the State with information on the Bidder’s name and address, and the specific person(s) who are responsible for preparation of the Bidder’s response.

Preparation of ITB Contact Information

Bidder Name:Bidder Address:

Contact Person & Title:

E-mail Address:

Telephone Number (Office):

Telephone Number (Cellular):

Fax Number:

Each Bidder shall also designate a specific contact person who will be responsible for responding to the State if any clarifications of the Bidder’s response should become necessary.

Communication with the State Contact Information

Bidder Name:Bidder Address:

Contact Person & Title:

E-mail Address:

Telephone Number (Office):

Telephone Number (Cellular):

Fax Number:


state of nebraska (state purchasing bureau)das.nebraska.gov/materiel/purchasing/5509/5509 of...

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