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HomeMy WebLinkAboutinvitation to bidINVITATION TO BID BID NO: ITB 2004-19 For COMPLETE SCHOOL BUSES (Type A, Type C, Type D) SCHOOL BUS BODIES (Type C) SCHOOL BUS CHASSIS (Type C) and OPTIONAL EQUIPMENT Issued By State of Florida DEPARTMENT OF EDUCATION 325 West Gaines Street, Room 901 Tallahassee, FL 32399-0400 i TABLE OF CONTENTS SECTION 1- Intent PAGE 5 SECTION 2 - Background PAGE 5 SECTION 3 - Schedule of Events PAGE 5 SECTION 4 - Definitions PAGE 6 SECTION 5 -General Procedures PAGE 7 5.0 Questions 5.1 Mandatory Pre -bid Meeting 5.2 Addenda 5.3 Posting of Intent SECTION 6 - General Terms and Conditions PAGE 9 6.0 Enforced Requirements 6.1 General Bid Requirements 6.2 Estimated Quantities 6.3 Bidding Requirements 6.4 Pricing 6.5 Response Duration 6.6 Non -Contract Options and Sales Incentives 6.7 Ordering Instructions 6.8 Warranties 6.9 Technical Documentation 6.10 Status Reports: Ordering, Production, and Delivery 6.11 Award 6.12 Pilot Model Inspections 6.13 Pool Purchase Bid Supplier Qualification Manual (SQM) 6.14 Non -Responsive Responses, Non -Responsible Bidders 6.15 Preparation Cost 6.16 Visitor Pass to the Turlington Building 6.17 Accessibility for Disabled Persons 6.18 Withdrawal 6.19 Contract(s) 6.20 Variation or Substitution of Equipment 6.21 Commencement of Services 6.22 Payment 6.23 Inspection Audit and Maintenance of Reports 6.24 Notice to Contractor 6.25 Employment of Department Personnel 6.26 Authorized to do Business in the State of Florida 6.27 Licensed to Conduct Business in the State of Florida 6.28 Conflict of Interest and Disclosure 6.29 Indemnification 6.30 MyFloridaMarketPlace 6.31 Contact Between Contractor and the Department 6.32 Disputes 6.33 Termination for Cause 6.34 Minority Business Utilization TABLE OF CONTENTS (Continued) 6.35 Drug•Free Work Place Preference 2 6.36 Public Entity Crimes Statement 6.37 Sub -Contracting 6.38 Insurance, Worker's Compensation 6.39 Procedures for Liquidated Damages SECTION 7 - Specific Terms and Conditions for Complete Bus and Type C Body PAGE 18 7.0 Timelines for Complete Bus and Type C Body 7.1 Acceptance 7.2 Payment 7.3 Estimated Delivery Dates 7.4 Certifications - Complete Bus and Type C Body 7.5 Floor Plan/Order Confirmation 7.6 Wheelchair Lift Bus Requirements 7.7 Training, Equipment, and Publication Requirements - Complete Bus and Type C Body 7.8 Service Requirements - Complete Bus and Type C Body 7.9 Manufacturer's Certification of Origin (MCO) 7.10 Performance Bond -Complete Bus and Type C Body 7.11 Clean Diesel Engine Option 7.12 29 Capacity Type C Light Model SECTION 8 - Specific Terms and Conditions for Type C Chassis PAGE 24 8.0 Timelines for Type C Chassis 8.1 Payment for Chassis 8.2 Training, Equipment, and Publication Requirements - Type C Chassis 8.3 Service Requirements - Type C Chassis 8.4 Warranty Requirements and Line -Sett Ticket 8.5 Performance Bond - Type C Chassis 8.6 Clean Diesel Engine Option SECTION 9 - Bid Response Requirements PAGE 28 9.0 Submission 9.1 Instructions and Conditions 9.2 Deadline 9.3 Disqualification 9.4 Disposition of Bid Responses 9.5 Submission of Alternate Responses 9.6 Public Opening of Responses 9.7 Mandatory Requirements 3 TABLE OF CONTENTS (Continued) ATTACHMENTS PAGE 30 Attachment I — PUR Form 7050 Attachment II — Contract for Complete School Buses (Type A, C, and D) and School Bus Bodies (Type C) and Optional Equipment Attachment III — Contract for School Bus Chassis (Type C) and Optional Equipment Attachment IV — Disclosure Statement Attachment V — Drug -Free Workplace Attachment VI — Bidder Certification Attachment VII — Purchase Order Addressing, Customer Contact Preference Information Attachment VIII — File Structure for Required Status Report Attachment IX — Pricing Sheets: Type A, C, and D Complete Units and Type C Bodies Attachment X — Pricing Sheets: Type C Chassis Attachment XI — Supplier Qualification Manual (SQM) Attachment XII — Florida School Bus Specifications, Revised 2004 4 INVITATION TO BID BID NO: ITB 2004-19 Florida Department of Education SECTION 1 - INTENT The Florida Department Of Education invites Sealed Bids to establish a term contract for the statewide purchase of Complete School Buses (Type A, Type C, and Type D) and School Bus Bodies (Type C) and School Bus Chassis (Type C) and Optional Equipment in accordance with the provisions, specifications, and bidding instructions as set forth in this Invitation to Bid. SECTION 2 - BACKGROUND Section 1006.27, Florida Statutes (FS.), states that the Department of Education shall assist district school boards in securing school buses at prices that are as reasonable as possible by providing a plan under which district school boards may voluntarily pool their bids for such purchases. The Department, in cooperation with the Department of Management Services, has prepared and awarded annual term contracts for the purchase of various types of school buses, bus bodies and optional equipment, and made the contract available to district school boards in order to facilitate this service. District school boards from time to time, as prescribed by State Board of Education rule, are required to furnish the Department with information concerning the prices paid for such items. The Department furnishes to district school boards periodic information concerning the lowest prices at which school buses, equipment, and related supplies are available based upon comparable specifications. Units may be purchased by Florida district school boards, governmental agencies other than school boards, and eligible private schools as mutually outlined, if purchased by the specified dates. Representatives of the Department of Management Services, State Purchasing, may be asked to serve as advisors in final determination and acceptance of bids. SECTION 3 - SCHEDULE OF EVENTS lli �., i s . 4: • . .e Y,9 -...:. -..;� t 6 , ? "�a E� ' ££' ����- ��: '-�*:fi1��;F?$ i os3a'e6 �i33Fg h., 1 «I FYI;^ 9Pq@ -qE "- § CC P°�yq'� _3. �'%?� ; 3 .r gE .>4id. a 3i �"acfl, , , es��?,?€`�l�B' i''��`�.�'.�+�!- ,-, E z' %.`H. '�F .,. �-'tE«.,E. ITB Release Friday, May 7, 2004 Vendor Bid System Advertisement Website - http:llfcn.state.fl.uslowa vbs/owa/vbs www.main m enu. Prospective Bidder Questions Due: Friday, May 21, 2004, by 4:30 PM, Eastern Time Questions must be identified as such and submitted by mail, e-mail, or facsimile to DOE contact person. Regina Johnson 325 W. Gaines St., 914 Turlington Building Tallahassee, FL 32399-0400 regina.johnsonafidoe.orq Fax (850) 245-9189 5 Mandatory pre -bid meeting (attendance required by at least one representative of each bidder). Friday, May 28, 2004 10:00 AM FL Dept. of Education 1704 Turlington Building 325 W. Gaines Street Tallahassee, FL 32399-0400 Departmental Answers Provided to Bidder Questions Friday, June 4, 2004 5:00 PM Written response (Addenda) to any written questions received by the deadline will be provided via the Vendor Bid System Advertisement Website - http:llfcn.state.fl.uslowa vbs/owa/vbs www.main m enu. SEALED BIDS RECEIPT AND OPENING NOTE: Visitors to the Thursday, June 17, 2004 NO LATER THAN Submit to: FL Dept. of Education Purchasing Office Attn: Regina Johnson 914 Turlington Building, 325 W. Gaines Street Tallahassee, FL 32399-0400 Turlington Building are required to sign -in and obtain a visitor's pass at the security desk in the main lobby. Please allow enough time if hand delivering your response to the Purchasing Office. 10:00 AM EASTERN TIME POSTING Friday, July 16, 2004 Vendor Bid System Advertisement Website - htto:/lfcn.state.fl.us/owa vbs/owa/vbs www.main m enu. Enter Into A Contract With Successful Bidder Friday, July 30, 2004 DOE and Contractor Anticipated Contract Start Date Friday, August 612004 DOE and Contractor SECTION 4 - DEFINITIONS The following terms and definitions as used herein apply: Bid Response All documents and materials contained in the formal ITB package submitted by a bidder in response to this solicitation. Bidder Any firm or person who submits a response to this solicitation Configuration Each unique combination of the following vehicle characteristics: Bus Capacity (e.g., 65 capacity), Engine Type (Wet Sleeve or Parent Bore), Lift (if applicable), Straight Floor (if applicable; see specifications), and Air Conditioning (if applicable; see specifications). An example of a configuration for this purpose is a 65 Capacity Type C Wet Sleeve Lift Bus with Air Conditioning (65WSLAC). Contract The two-party document entered Into between the Department and the successful bidder after completion of the ITB solicitation process. 6 Contractor The successful bidder, selected as a result of this ITB, with which the Department executes a contract to provide the required services. Department Department of Education DOE Department of Education Eligible Users Florida district school boards, governmental agencies other than school boards, and eligible private schools. FE Front Engine ITB Invitation to Bid NIA or NA Not Available or Not Applicable NIB or NB No Bid submitted for base or option (A "No Bid" on a base or option will continue to be considered as "No Bid" throughout the term of the contract, including non -contract options). NIC or NC No Charge Item - DOE reserves the right to determine whether the item is to be included as standard equipment. PB Parent Bore Engine Price Base Unit or Option Price RE Rear Engine Ready to Use Condition Unit(s) meet all applicable specifications, with all equipment functioning properly, and without substantive defects (as determined by the Department of Education, School Transportation Management Section). Responsive Bidder A person who has submitted a bid response which conforms in all material aspects to the ITN. Responsible Bidder A representative of a company that has the capacity in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance, STD Standard Equipment STMS School Transportation Management Section Unit(s) Bodies and/or chassis or complete buses produced and sold via the Florida Department of Education's Bid No: ITB 2004-19 for school buses and equipment. WS Wet Sleeve Engine SECTION 5 • GENERAL PROCEDURES 5.0 QUESTIONS Potential bidders must forward any technical questions arising from review of this ITB to the DOE Purchasing official listed below in one of the following manners: • On company letterhead, signed by persons authorized to represent the bidder • Faxed with company identification by authorized company representative • E-mailed with company identification by authorized company representative Only inquiries from persons identified as authorized to contractually bind the bidders will be recognized by the Department of Education as duly authorized expressions on behalf of the bidders. Questions shall be received in the Purchasing Office no later than 4:30 PM, Eastern Time. Friday May 21, 2004. All requests should be noted as such to ensure immediate opening and review for possible response, if required. A bidder's failure to request clarifications by the date described above shall be considered to constitute the bidder's acceptance of the state's requirements. The state shall determine what changes to the ITB shall be acceptable to the state. NOTE: - Questions must be mailed, faxed, e-mailed, or hand delivered to the address below: Department of Education, Purchasing Office Attn: Regina Johnson 914 Turlington Building 325 West Gaines Street Tallahassee, FL 32399-0400 Facsimile: (850) 245-9189 realna.iohnson ac fldoe.orq A courtesy copy* of the questions should also be delivered to: School Transportation Management Section Attn: Bill Schroyer 325 West Gaines Street, #1114 Tallahassee, Ft. 32399-0400 Facsimile: (850) 245-9935 bill.schroveria,fldoe.orq *NOTE: Courtesy copy is unofficial and shall not substitute for required original to be submitted to Purchasing Office. Only those responses to the bidder's inquiries which are posted on the Florida Vendor Bid System website by the Purchasing Office will be considered duly authorized on behalf of the Department of Education. 5.1 MANDATORY PRE -BID MEETING A pre -bid meeting will be held in Tallahassee, Florida, in Room 1704 Turlington Building, 325 West Gaines Street, starting at 10:00 a.m., Friday, May 28, 2004. The purpose of this meeting is to provide an open forum for the Department of Education, School Transportation Management Section (STMS), to review the ITB requirements, and make clarifications regarding the ITB requirements, contractual requirements, and other conditions or requirements that may, in any manner, affect the work to be performed. Any changes and/or resulting addenda to the ITB will be the sole prerogative of the Department. Attendance at this pre -bid conference is MANDATORY. Failure by a bidder to attend or be represented at this pre -bid conference will constitute a non -responsive determination of their bld package. Bids found to be non- responsive will not be considered. 5.2 ADDENDA If the Department determines that it should modify or interpret any portion of the ITB documents prior to the closing time and date, such changes will be issued as a written addendum to the ITB. No other methodology will be considered binding or authorized in giving information concerning, explaining, or interpreting the ITB document. 8 Notices of changes (addenda) to the ITB will be posted Friday, June 4, 2004, on the Florida Vendor Bid System website at http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting a response. NOTE: ALL ADDENDA MUST BE ACKNOWLEDGED BY SUBMISSION OF EACH SIGNED ADDENDA WITH RESPONSE. Failure to submit the signed addenda acknowledgement form(s) will result in disqualification of the bidder. Potential bidders have 72 hours from receipt of addenda to protest the requirements of each addendum. Failure to file a protest within the time prescribed in Section 120.57(3), F.S., or failure to post the bond or other security required by law within the time allowed for filing a bond, shall constitute a waiver of proceedings under Chapter 120, FS. The Department shall determine what changes to the ITB shall be acceptable. 5.3 POSTING OF INTENT The ITB response tabulation with intent to award determination is anticipated to be posted on the Department of Management Services Vendor Bid system website on July 16, 2004, and will remain posted for a period of seventy-two (72) hours. Any Bidder who is adversely affected by the Department's recommended award or intended decision must file a written Notice of Intent to Protest within seventy-two (72) hours after posting of the response tabulation with the Department of Education Purchasing Office. Failure to file a protest within the time prescribed in Section 120.57(3), F.S., or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, F.S. If the notice advises of the bond requirement, but a bond or statutorily authorized alternate is not posted when required, the agency shall summarily dismiss the petition. If the Department is unable to post as defined above, the Department will notify all bidders by mail, fax, and/or telephone. The Department will provide written notification of any future posting in a timely manner. SECTION 6 . GENERAL TERMS AND CONDITIONS 6.0 ENFORCED REQUIREMENTS The Department has established certain mandatory requirements which must be included as part of any ITB response. Request of the terms "shall," "must," or "will" (except to indicate simple futurity), in this Invitation to Bid (ITB), indicate a mandatory requirement or condition. The words "should" or "may" in this ITB indicate desirable attributes or conditions, but are permissive in nature. Deviation from, or omissions of, such a desirable feature will not by itself cause rejection of a response. 6.1 GENERAL BID REQUIREMENTS All terms and conditions as outlined, and specifications given for school bus bodies and school bus chassis in Attachment XII - Florida School Bus Specifications, Revised 2004, are a part of this bid. 6.2 ESTIMATED QUANTITIES It is anticipated that the state of Florida agencies, and other eligible users, will purchase approximately 1,000 total buses under contracts resulting from this bid. The types and total dollar figures from the previous two bids are as follow: 9 TYPE BID #2003-15 NUMBER PURCHASED TOTAL DOLLARS BID #2002-32 NUMBER PURCHASED TOTAL DOLLARS A 19 $897,899_ 11 $441,156.00 C 948 $61,978,186 564 $34,508,812,00 D 450 $35,441,176 442 $31,799,153.00 Total 1417 $98,317,261 1014 $66,749,481.00 NOTE: These figures are provided only as a guideline for preparing your bid and should not be construed as representing actual figures under the contract. 6.3 BIDDING REQUIREMENTS Each bidder shall bid ALL OR NONE ON EACH BUS CONFIGURATION. A bid on only part of the units in any one configuration will not be accepted. Bid responses must in the Department of Education Purchasing Office prior to bid opening. 6.4 PRICING All prices quoted for Complete School Buses (Type A, C, and D), School Bus Bodies (Type C), School Bus Chassis (Type C), and Optional equipment shall be in even dollar amounts. Representatives of the Department of Management Services, State Purchasing, may be invited to act as advisors in final determination and acceptance of bids. All bid prices are to be submitted on the sheets provided in Attachment IX, Complete Buses (Type A, C, and D) and School Bus Bodies (Type C) and/or Attachment X, School Bus Chassis (Type C) of this ITB. Pricing is also to be submitted for base buses and options on Microsoft Excel spreadsheets which will be provided via e-mail to previous bidders. The electronic worksheets are identical to the paper bid sheets included in the bid. Hard copies of your price quotes are still required, but may be printed from the electronic spreadsheets. Pricing must include the furnishing of all parts, labor, transportation, and incidental services or materials required. There shall be no additional cost charged for work performed under this bid. All bid prices must remain firm until March 31, 2005. Prices are to be submitted on the forms provided in a SEALED ENVELOPE with the bid number written on the outside. No price changes will be allowed throughout the contract period. Each price sheet needs to be slued at the bottom of each page by the person who signs Attachment I - PUR Form 7050 for this Invitation to Bid. 6.5 RESPONSE DURATION All submitted responses are binding until March 31, 2005. 6.6 NON -CONTRACT OPTIONS AND SALES INCENTIVES Occasionally, a customer may request a vehicle option that is not included on this contract. The addition of the NON -CONTRACT OPTION to the vehicle is permitted as long as it meets Florida School Bus Specifications, Revised 2004, National School Transportation Specifications and Procedures, Revised 2000, applicable F.S., and the following requirements: The bidder will provide pricing, to be submitted with this bid, for all non -contract options, which shall be defined to include equipment items and extended warranties not otherwise required by this bid solicitation. The results of a district survey of requested non -contract options were used to develop lists of potential non -contract options per bus type, which are provided in the Pricing Pages of this bid. 10 Bidders are prohibited from offering sales incentives not specifically included within this ITB, such as rebates, parts credits, etc. Bidders shall also notify component, equipment, and service suppliers that they may not offer such incentives, and shall notify the STMS immediately if they become aware of any such offers or transactions. Violators of this provision may be removed from the bidder's list. Additional non -contract options may be offered after the bid opening upon approval of the STMS, the Florida Association for Pupil Transportation (FAPT) Specifications Committee, and the FAPT School Bus Purchasing Committee. Under no circumstances may one of the items included in this ITB (regular options or non -contract options) be offered after the bid opening at a different price. The bidder must notify the STMS in writing to start the approval process for an additional non -contract option. Upon STMS and FAPT approval of an additional non -contract option, the STMS will notify all known eligible users, in writing, of the option availability and price. The purchaser shall identify option and the option price clearly and separately on the purchase order as a NON -CONTRACT OPTION. The STMS will provide a vendor notification on each applicable purchase order that discloses that the non- contract item is not part of the Department's approved contract, has not been reviewed by the STMS, and that it must not compromise the safety or operation of the vehicle(s) in any way. NOTE: If at any time it is determined that the bidder has charged differential pricing or has not made pricing information available to all eligible users for a non -contract option, the bidder will be required to refund the difference in cost to the customer and may be removed from the bidder's list. 6.7 ORDERING INSTRUCTIONS The following ordering process will be adhered to by any Florida school district and any other local or state agency desiring to purchase buses from this bid: (1) Entity will first submit purchase order (made out to the awarded bidder) to the Department of Education, School Transportation Management Section (STMS) for review and approval. Awarded bidders receiving purchase orders not approved by STMS must immediately forward them to STMS for review/approval. (2) Purchase orders that have been cleared by the STMS will bear a stamp showing the applicable purchase plan, date of processing, and processor's initials. Purchase orders that reach the bidder without the STMS stamp shall not be considered processed and cleared by the STMS and must be rerouted to the STMS office. 6.8 WARRANTIES Successful bidders shall agree to accept electronic notification of school district in-service dates provided by the STMS in lieu of forms or update forms. Such notification shall serve to update the actual warranty start dates for all chassis, chassis component, and body warranties. By submitting this bid, the bidder agrees to accept, process, and pay properly completed warranty claims on behalf of purchasing school districts via any electronic or Internet -based warranty system that may be available. If such an electronic system is not available through the manufacturer, then the bidder shall provide an alternative simple and concise method of filing warranty claims for districts to use. The selected vendor, upon receiving award and entering into a contract with the Department, must warrant that all materials and services delivered to the Department and purchasers pursuant to the contract conform to all of the specifications contained or referred to herein. The Bidder must comply with warranty requirements provided in Attachment XII - Florida School Bus Specifications, Revised 2004, Failure or neglect of the Department to require compliance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition. The Awarded Contractor, by entering into a contract with the Department, warrants and 11 represents that all materials and services delivered to the Department and purchasers pursuant to the contract conform to all of the specifications contained or referred to in the ITB document, attachments, and addenda. 6.9 TECHNICAL DOCUMENTATION All products bid must meet or exceed all conditions and specifications of the ITB. When technical documentation is required by the state, its purpose is to demonstrate compliance of the product bid with applicable technical requirements of the ITB or to allow a technical evaluation of the product. The STMS may, at its discretion, determine the technical acceptability of the products offered through the use of any technical documentation available within the STMS as of the date and time of bid opening and evaluation. Such authority of the STMS shall in no way relieve the bidder from the ultimate responsibility to provide any required technical documentation, nor shall any bidder assume that such documentation is otherwise available to the STMS. The state shall not be responsible for the accuracy of the technical documentation in its possession. 6.10 STATUS REPORTS: ORDERING, PRODUCTION, AND DELIVERY The successful bidder is required to furnish, on a minimum of a bi-weeklv basis, a status report, following the format prescribed in Attachment VIII — File Structure for Required Status Report. This report shall be submitted on a compact disk or 3'/% inch floppy disk(s), or may be submitted electronically in the same format. These bi- weekly status reports shall be sent to the Florida Department of Education, School Transportation Management Section (STMS), 1114 Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400. This information shall be provided on an ongoing basis until all units from this bid are delivered. Failure to submit the aforementioned reports on time and in the proper format will be considered when determining the bidder's fitness for the next bid. A sample status report, as specified in Attachment Vill — File Structure for Required Status Report, shall be provided with the bid. 6.11 AWARD Bid awards will be made in conformance with applicable requirements of Chapter 287, F.S., Chapters 60A-1 and 6A-3, Florida Administrative Code (F,A.C.), and the requirements of this Invitation to Bid (ITB), where this ITB may include additional or more specific procedures. Awards will be made for Type A, Type C (wet sleeve and parent bore engine), Type D Rear Engine (wet sleeve engine), and Type D Front Engine (wet sleeve and parent bore engine), Complete Buses, Type C School Bus Chassis, and Type C School Bus Bodies, subject to the following procedures: • Low price shall be calculated for each configuration based on the combination price for completed units (total of chassis, chassis options, body, body options, and average regional delivery) using price quotes as supplied in both parts of this overall bid (Bid No: ITB 2004-19, Attachment IX — Pricing Sheets: Type A, C, and D Complete Units and Type C Bodies and Attachment X — Pricing Sheets: Type C Chassis. • Non -contract options will not be calculated as part of the bid award process. • Bid awards will be made on the basis of a multiplier supplier award. • Overall awards will be made to each responsive and responsible bidder for all configurations on which that bidder submits price quotes within 10% of the lowest price for that configuration. A configuration is defined as each unique combination of the following vehicle characteristics: Bus Capacity (e.g., 65 capacity), Engine Type (Wet Sleeve or Parent Bore), Lift (if applicable), Straight Floor (if applicable; see specifications), and Air Conditioning (if applicable; see specifications). An example of a configuration for this purpose is a 65 Capacity Type C Wet Sleeve Lift Bus with Air Conditioning (65WSLAC). Technical variations to published bid award procedures may be invoked at the discretion of the Department where necessary to ensure equitability. 6.12 PILOT MODEL INSPECTIONS 12 The successful bidder is responsible for providing a pilot model of each size and type awarded for inspection by representatives of the STMS. The pilot model inspection may take place at the assembly plant or other inspection facility. Wheelchair lift equipped units awarded shall be made available for pilot inspection first. The successful bidder shall incur expenses associated with travel and per diem for the pilot model inspection for up to two persons from the STMS and one representative from each school district that purchased one or more buses included in the pilot inspection. If a representative of the purchasing school district is not available for the pilot model inspection, a member of the Florida Association for Pupil Transportation (FAPT) Specifications Committee may substitute upon request. If specifications or quality problems are noted as part of the initial inspection, or if some equipment, such as air conditioning, cannot be inspected during the initial pilot inspection, the STMS reserves the right to require the bidder to pay all costs involved for two persons determined by STMS to conduct a follow-up Inspection at the assembly plant. Alternatively, such follow-up inspection may be required in Tallahassee, Florida, as determined by the Department. Regular production of school buses shall not be scheduled until specifications and quality have been determined to meet Florida school bus requirements. 6.13 POOL PURCHASE BID SUPPLIER QUALIFICATION MANUAL (SQMZ Bidders shall comply with requirements of Attachment XI - Supplier Qualification Manual, hereinafter referred to as the SQM. The SQM will be utilized to evaluate bidders who participate in the Florida Pool Purchase Program. The document is broken down into specific areas of the bid and evaluates (grades) the performance of the manufacturer and its products. Data will be gathered and utilized to measure the performance of the product, along with the level of service and support from the bidder. The data will be calculated on a weighted scale to determine the overall performance of the bidder. The results of this evaluation process will be used to determine the viability of each bidder for future pool purchase contracts. 6.14 NON -RESPONSIVE RESPONSES. NON -RESPONSIBLE BIDDERS Responses that fail to provide all required information will be rejected as non -responsive. Material requirements of the ITB are those set forth as mandatory, or without which an adequate analysis and comparison of responses is impossible, or those which affect the competitiveness of responses or the cost to the state. Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to perform fully and in good faith the requirements of the Contract may be rejected as non -responsible. The Department reserves the right to waive any minor irregularities or technicalities in any response received, to reject any or all responses in whole or in part, with or without cause, to solicit new responses or to accept the response which, in its judgment, will be in the best interest of the Department. The Department reserves the right to use any information presented in any response to this ITB. 6.15 PREPARATION COST ITB responses shall contain all information solicited, plus any additional data, prints, or literature that the bidder deems pertinent to the understanding and evaluation of its response. The Department is not liable for any costs or expenses incurred by a bidder related to or arising out of the ITB process. 6.16 VISITOR PASS TO THE TURLINGTON BUILDING Each visitor to the Turfington Building is required to sign in and obtain a visitor's pass at the security desk in the main lobby. Please allow enough time to meet the response deadline if hand delivering a response to the Purchasing Office. 6.17 ACCESSIBILITY FOR DISABLED PERSONS Any person requiring a special accommodation because of a disability should call Department Purchasing at (850) 245-0485 at least five (5) workdays prior to the response opening. If you are hearing or speech impaired, please contact the Department by using the Florida Relay Service, which can be reached at 1 (800) 955-8771 (TDD). 13 6.18 WITHDRAWAL A submitted ITB may be modified or withdrawn at any time prior to response opening upon written request by an authorized representative of the bidder. information that is required to be included in the response is expected to be present and to be accurate. Corrections of erroneous information or typographical errors will not be permitted after the Department has received and opened the response. The bidder is solely responsible for proofreading its response and verifying its accuracy. NOTE: The face of the ITB response submittal should clearly state the response number and title, and also reflect the response opening date and time. if a courier service is used, the response documents should be in a sealed marked envelope inside the shipping envelope. The Department recommends that the response be hand -delivered, sent "Certified Mail" or via courier to ensure receipt by the required date and time. 6.19 CONTRACT(S1 The Department's Contract for Complete School Buses (Type A, Type C, Type D) and School Bus Bodies (Type C) and Optional Equipment is incorporated in this ITB as Attachment II. The Department's Contract for School Bus Chassis (Type C) and Optional Equipment is incorporated in this ITB as Attachment 111. Either or both Contracts may be executed with a responsive and responsible bidder who submits price quotes within 10% of the lowest price for a configuration. The Contract(s) will govern the relationship between the Contractor and the Department. In the event there is a conflict between the requirements of this Invitation to Bid and those of the contract, the requirements as stated in the ITB shall apply. Blank fields in the Contract will be completed prior to execution with applicable language derived from this ITB as may be amended through the selection process and the contractor's response. When bid calculations are successfully concluded, a written contract will be executed which will incorporate the following documents as each was changed or affected by the calculations: • This ITB • Addenda to this ITB • Bidder's response • Award Letter • DOE Contract(s) 6.20 VARIATION OR SUBSTITUTION OF EQUIPMENT Substitution of equipment on which information or pricing are specifically requested as part of this ITB will not be allowed except as noted herein (pricing pages P-49 to P-53 and P-65 to P-69). Substitution of certain equipment, as noted herein (pricing pages P-49 to P-53 and P-65 to P-69), may be allowed, contingent upon notification to the School Transportation Management Section (STMS) and approval by the STMS and the FAPT Specifications and/or Purchasing Committee(s). 6.21 COMMENCEMENT OF SERVICES Contractor shall not commence service until execution of a valid contract that has been signed by the Department and the successful bidder. 6.22 PAYMENT Payments will be made in accordance with Section 215.422, F.S., which delineates Contractor's rights and Eligible User's responsibilities concerning time allowances for payment of invoices and applicable interest penalties. Pursuant to Section 287.058, F.S., all invoices must be submitted in detail sufficient for a proper pre - audit and post -audit thereof. Please see Sections 7.2, 7.9, and 8.1 for additional requirements. 6.23 INSPECTION AUDIT AND MAINTENANCE OF REPORTS 14 Accurate record keeping is an integral part of this Contract. The Contractor may be audited to ensure complete compliance with the Contract. The Contractor must maintain complete records on each Unit or Vehicle sold. Records must at a minimum include copies of the following: original Purchase Order, Manufacturer's invoice for payment, and a copy of any additional warranty invoice for the Unit. Records must be copied and mailed to the Department within forty-five (45) days from receipt of request for information on Unit or Vehicle sold. The Department of Education may unilaterally cancel any resultant contract for refusal by the Contractor to provide information requested by the Department, subject to the provisions of Section 119, F.S. 6.24 NOTICE TO CONTRACTOR All labor shall be paid in accordance with the applicable prevailing wage laws. The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 6.25 EMPLOYMENT OF DEPARTMENT PERSONNEL Contractor shall not knowingly engage, on a full or part-time basis, any personnel who are in the employment of the Department, without prior written approval from the Department. Further, the contractor shall not knowingly engage any former employee of the Department where such employment conflicts with Section 112.3185, F.S. 6.26 AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA Foreign corporations and foreign limited partnerships must be authorized to do business in the state of Florida. Domestic corporations must be active and in good standing in the state of Florida. Such authorization and status should be obtained by the response due date and time, but must be obtained prior to posting of the intended award. For authorization contact the Florida Department of State, Tallahassee, FL 32399, (850) 245-6550. 6.27 LICENSED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA If the products being provided require that individuals be licensed by the Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the response due date and time but must be obtained prior to posting of the intended award. Also, the contractor shall comply with all federal, state, and local codes, laws, ordinances, regulations, and other requirements at no cost to the Department. For state licensing, contact the Florida Department of Business and Professional Regulation, Tallahassee, FL 32399-0797, (850) 487-9501. 6.28 CONFLICT OF INTEREST AND DISCLOSURE The award is subject to the provisions of Section 112, F.S. Bidders must disclose with their response whether any officer, director, employee, or agent is also an employee of any state agency. Bidders must disclose the name of any state employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder's firm or any of its branches or affiliates. All Bidders must also disclose the name of any state employee, 15 agent, lobbyist, previous employees of the Department, or any other person, who has received or will receive compensation of any kind, or who has registered or is required to register under 112.3215, F.S., in seeking to influence the actions of the Department in connection with this. Attachment IV - Disclosure Statement must be signed and submitted with the response. 6.29 INDEMNIFICATION Contractor agrees to indemnify, hold harmless, and defend, at is own expense, including reasonable attorney's fees, the Department and its employees against any and all claims or suits for property loss or damage and/or personal injury including death, to any and all persons, of whosoever kind and character, whether real or asserted, arising out of and in connection with Contractor's negligence related to privileges granted herein. 6.30 MYFLORIDAMARKETPLACE Purchases of school buses and equipment by school districts, local governmental agencies, and private schools under the terms of this contract are not subject to the provisions of MyFloridaMarketPlace. Purchases of buses and equipment under this contract by state level agency subject to MyFloridaMarketPlace will incur an additional 1 % overall surcharge. Any state level agency purchasing buses and equipment under this contract shall ensure compliance with applicable requirements of MyFloridaMarketPlace. 6.31 CONTACT BETWEEN CONTRACTOR AND THE DEPARTMENT AFTER AWARD OF CONTRACT One staff member from the Department will be assigned to be the project manager who will be responsible for the implementation of the contract resulting from this ITB. The contact information is listed below: Charlie Hood Department of Education, School Transportation Management Section 325 West Gaines, #1114 Tallahassee, FL 32399-0400 Telephone: (850) 245-9795 Fax: (850) 245-9935 e-mail: charlie.hoodt fldoe.orq 6.32 DISPUTES Any prospective bidder who disputes the reasonableness or appropriateness of the terms, conditions, and specifications of this ITB, any addendum, Notice of Intended Award, or Intent to Reject, shall file a Notice of Intent to Protest in appropriate form within 72 hours (excluding state holidays, Saturdays, and Sundays) of receipt. A formal written protest in the form of a petition must be filed within (10) calendar days thereafter. Any person who files a formal written protest shall, at the time of filing the formal written protest, post a bond as set forth in Section 287.04292(c), F.S. Failure to file both a protest and bond within the time prescribed in Section 120,53(5), F.S., and Rule 60A-1.006, F.A.C., shall constitute a waiver of proceedings under Section 120, F.S. 6.33 TERMINATION FOR CAUSE The Department reserves the right to immediately terminate the Contract by providing written notice to the Contractor if the Department determines any of the following have occurred: ■ Contractor fails to perform to the Department's satisfaction any material requirement of the Contract; ■ The action or inaction of the Contractor substantially endangers the execution of the Contract, or such occurrence can be reasonably anticipated. 16 6.34 MINORITY BUSINESS UTILIZATION The Department of Education supports the fostering of continued economic growth and development for State of Florida Certified Minority businesses. The Department intends to seek out and consider Minority Business Enterprises and solicit their interest, capability, and prices and encourages minority participation in contracting opportunities wherever possible. For more information on becoming a CMBE, please contact the Office of Supplier Diversity, Department of Management Services, at (850) 487-0915. 6.35 DRUG -FREE WORK PLACE PREFERENCE Whenever two or more responses that are equal with respect to price, quality, and service are received, a response received from a business that certified that it has implemented a drug -free work place program in accordance with Section 287,087, F.S., will be given preference in the award process. Attachment V - Drug - Free Workplace program certification, must be completed for this preference. (The DMS, Office of Supplier Diversity's MBE certification takes precedence over this certification.) 6.36 PUBLIC ENTITY CRIMES STATEMENTS A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 6.37 SUBCONTRACTING No sub -contract shall, under any circumstances, relieve contractors of their liability and obligation under this contract; and, despite any such sub -contracting, the Department shall deal through the contractor, which shall retain the legal responsibility for performing the contractor obligations. 6.38 INSURANCE, WORKER'S COMPENSATION The contractor shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of his employees connected with the work of this Invitation to Bid. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide adequate insurance for the protection of his employees not otherwise protected. 6.39 PROCEDURES FOR LIQUIDATED DAMAGES The successful bidder of Type C chassis units shall ensure that Type C chassis are delivered to the body manufacturer by the required dates. Chassis units not delivered to the body manufacturer by the required dates will be assessed liquidated damages of $25 per calendar day that delivery is late for non -lift units and $50 per calendar day that delivery is late for wheelchair lift -equipped units. The successful Type C Body bidder shall, within ten (10) days of receiving the chassis, issue a chassis receiving notice to the purchasing entity and a copy to the separate chassis bidder. Complete bus or Type C bodies not ready for pickup or delivered to the purchasing school district (as specified by purchaser) by the dates specified in Sections 7.0 and 8.0 will be assessed liquidated damages of $25 per calendar day that delivery is late for non -lift units and $50 per calendar day that delivery is late for wheelchair lift - equipped units. a. Calculation of Liquidated Damages 17 Calculation of liquidated damages shall be made by the Department of Education, School Transportation Management Section. Delays in delivery caused by strikes at the bidder's or chassis manufacturer's plant, or acts of God, or circumstances beyond the control of the company are excepted. The date on which the bus is delivered, or ready for pickup, in "ready to use" condition shall be used for the purposes of these provisions. "Ready to use" shall be defined as meeting all applicable specifications, with all equipment functioning properly, and without substantive defects (as determined by the Department of Education, School Transportation Management Section). b. Collection of Liquidated Damages The Department shall notify the bidder and purchasers of the calculated amount of liquidated damages. The purchasers shall enter into an agreement with the Department for the collection of the damages on the purchaser's behalf. The Department shall collect liquidated damages on behalf of purchasers after delivery of buses. SECTION 7 - SPECIFIC TERMS AND CONDITIONS FOR COMPLETE BUS AND TYPE C BODY 7.0 TIMELINES FOR COMPLETE BUS AND TYPE C BODY EFFECTIVE DATES AND REQUIREMENTS OF THE POOL PURCHASE AWARD, INCLUDING PURCHASE ORDER DEADLINES AND DELIVERY TIMELINES, MUST BE AS SPECIFIED IN THE TABLES BELOW: Purchase Order Receipt by Bidder Type C Chassis released to Carrier (for delivery to body plant) by Body and Complete Bus Delivered or Ready for Pickup (guaranteed by performance bond) by Date of Award through October 8, 2004 Not later than December 31, 2004 Not later than June 10, 2005 October 9, 2004, through March 31, 2005 Not later than July 8, 2005 Not later than November 28, 2005 Purchase Order Receipt by Bidder Complete Bus Delivered or Ready for Pickup (guaranteed by performance bond) by Date of Award through October 8, 2004 Not later than June 10, 2005 October 9, 2004, through March 31, 2005 Not later than November 28, 2005 18 The body company shall make every effort to ensure that ail buses are completed within the specified timelines. This effort shall include expeditious ordering of chassis for complete units from the first stage manufacturer (as applicable) to ensure their arrival at the body company in time to meet the required production timelines. Bidder must fumish a schedule showing cost of bonded drive -away of each completed unit from the manufacturing plant to the county seats of Florida, by region, as requested on the attached sheet. This data shall be used in determining the successful bidder. Any purchaser may elect to accept delivery of the buses included in the order at the factory. When delivery by the bidder is specified, the bidder shall deliver buses to the applicable district or agency's central school bus garage or main office of a purchasing private school. Purchasers opting for delivery of their completed bus(es) must be contacted by the school bus body manufacturers to schedule final delivery five business days prior to the delivery of their completed units. Deliveries shall be scheduled between the hours of 8 a.m. and 5 p.m.. Monday through Friday. 7.1 ACCEPTANCE All buses shall be inspected and accepted by an authorized representative of the school board or other purchasing entity within ten (10) business days of delivery or pickup of the completed units. Districts that take delivery on a quantity greater than five (5) school buses within a two-day period shall be allowed one extra day for the number of buses over five. For example, a district that takes delivery of eight (8) school buses within a two-day period shall be allowed thirteen (13) business days to inspect and accept the buses. Should any agency purchasing a bus not be satisfied that the requirements of the specifications have been met, representatives of the Department of Education, School Transportation Management Section (STMS), the Department of Management Services, State Purchasing, and the purchasing agency shall have the right to inspect the unit and issue an order of acceptance or rejection. Purchasers are to inspect the vehicle and compare the purchase order and the bidder's invoice, as well as the bidder's pre -delivery inspection (PDI) form, to ensure that the vehicle meets or exceeds the requirements of Attachment XII - Florida School Bus Specifications, Revised 2004, and the purchase order. Purchasers are to also inspect the vehicle for physical damage. Failure of the purchaser to discover an error (excluding physical damage) in the vehicle's components relating to specifications compliance and proper operation (subject to applicable warranties) will not relieve the bidder from correcting the error in the event it is found after the vehicle is accepted by the purchaser. Delivery of the vehicle to a purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle meets contract specifications. Should the delivered vehicle differ in any respect from required specifications, payment will be withheld until such time as the bidder completes necessary corrective action. 7.2 PAYMENT Subject to the preceding requirements for acceptance, all payment for Type C school bus bodies, and Types A, C, and D complete buses will be due within 40 days after acceptance by the local purchasing agency, and receipt of invoice and Manufacturer's Certificate of Origin (MCO), whichever is later. 7.3 ESTIMATED DELIVERY DATES For all buses bid as complete units for which chassis and bodies are to be built by separate manufacturers, the bidder shall be responsible for securing from the chassis manufacturer estimated delivery dates for the completed chassis to the body plant, based upon the chassis ordering timelines specified or required to meet the completed unit delivery timelines called for in this request for bids. A copy of the estimated delivery dates shall be submitted as part of the bid package. 19 7.4 CERTIFICATIONS - COMPLETE BUS AND TYPE C BODY As part of this bid, each bidder must certify in a letter to be included with the bid that each body and chassis sold by the bidder's company or representative for school buses will meet Attachment XII - Florida School Bus Specifications, Revised 2004, National School Transportation Specifications and Procedures, 2000 Revised Edition, and all applicable Federal Motor Vehicle Safety Standards. The Department anticipates that Attachment XII - Florida School Bus Specifications, Revised 2004, will be adopted pursuant to Rule 6A-3.0291, F.A.C. In addition, each chassis manufacturer shall certify by letter that the chassis furnished will have adequate Gross Axle Weight Ratings (GAWRs), front and rear, for mounting and certifying bodies meeting Florida School Bus Body Specifications. This letter (or letters) certifying specifications compliance and adequacy of GAWRs must be submitted as part of the bid. In the event that a Type A or C complete bus is manufactured by separate chassis and body manufacturers, each chassis and body manufacturer shall certify by letter any and all certifications as required in the paragraph above. As per Attachment XII - Florida School Bus Specifications, Revised 2004, for wheelchair lifts and installations, the successful bidder will be required to certify compliance with all applicable design testing pertaining to the installed lift. This written certification will be required before lift equipped buses may be delivered. Specifications also require that the body manufacturer shall submit with the bid written certification that the lift will be installed according to lift manufacturer's specifications and Florida specifications, Please include as part of your bid an attachment providing information on the seat covering material to be supplied on buses sold via the bid. This information shall include the name of the company supplying the material and the name or number designation for the material. NOTE: The seat covering material as bid must be provided throughout the term of the bid and may not be subject to substitution or change. 7.5 FLOOR PLAN/ORDER CONFIRMATION Upon receipt of the purchase order(s), the bidder shall provide the purchaser and the STMS one line drawing for every configuration of each bus ordered. The line drawing will inform the purchaser of the unit's floor plan, including air conditioning evaporator locations, and will also serve as bidder confirmation of the order. 7.6 WHEELCHAIR LIFT BUS REQUIREMENTS Florida School Bus Specifications require wheelchair lift school buses to be offered with wheelchair lifts mounted in front of and behind the rear wheels, except for body sizes on which both locations are not available. Wheelchair lift bus (WLB) seating capacity shall be based on the maximum regular student seating that can be accommodated with the standard three wheelchair spaces per bus (see specifications for wheelchair space dimensions, minimum aisle width, barrier requirements, and other pertinent WLB specs), as follows: NOTE: 29-capacity Type C wheelchair lift buses must be bid with an extra body section or spacing, as required, to ensure availability with the lift mounted behind the rear wheels. NOTE: Maximum available regular student seating shall be made available with the specified number of wheelchair spaces, whenever possible, consistent with specifications (usually with wheelchair spaces rearward and 39" seats forward), • TYPE Al WLBs, 19-29 capacity - Net 1 in wheelchair, maximum number available in regular seats. • TYPE A2 WLBs, 30-47 capacity - Net 2 in wheelchairs, maximum number available in regular seats. • TYPE C WLBs, 29-77 capacity - Net 3 in wheelchairs, maximum number available in regular seats. 20 • TYPE D WLBs, all sizes - Net 3 in wheelchairs, maximum number available in regular seats. 7.7 TRAINING, EQUIPMENT. AND PUBLICATION REQUIREMENTS — COMPLETE BUS AND TYPE C BODY A. Wheelchair Lift and Body Service Training Florida School Bus Specifications require that the successful bidder "shall be responsible for providing or arranging wheelchair lift service training as needed." This training shall include minimum one -day training seminars on overall features, operation, preventive maintenance, diagnosis, and rebuild of wheelchair lifts offered through the bid. The seminars are to be conducted free of charge at district garage locations to be arranged by the STMS, and the successful bidder. At least one seminar on each given lift model shall be conducted per five school districts purchasing a bus or buses equipped with that lift. The successful bidder shall also be responsible for providing eight one -day body service training seminars in conjunction with the Florida Summer Technicians Training Seminar (or equivalent, as determined by the STMS). B. Chassis 1 Engine Training The successful bidder of Type A, C, and D chassis shall be responsible for providing service training as needed. These seminars are to be conducted free of charge at district garage locations to be arranged by the STMS and the successful bidder. This training shall include minimum one -day training seminars on overall features, tune-up, diagnosis, and preventive maintenance of diesel engines or other major chassis components offered through this bid (at the discretion of the STMS). At least one seminar on each given diesel engine model or other major component shall be conducted per four school districts purchasing a bus or buses equipped with that engine or componentry. Additionally, the bidder will be responsible for providing eight days of training in conjunction with the Florida Summer Technicians Training seminar. Training to be supplied by the bidder shall include provisions for supplying and transporting to each location a live training engine and/or other components, training aids, and student handouts pertinent to the instruction. The STMS will provide assistance in organizing the training and in the on -site arrangements and may require a meeting in Tallahassee prior to the class series to approve the content and organization of the instruction. C. Air -Conditioning The successful Type C and D complete bus bidder shall be responsible for providing or arranging air- conditioning training as needed. The training seminars are to be conducted free of charge at district garage locations to be arranged by the STMS and the successful bidder. This training shall include minimum one - day training seminars on overall features, operation, preventive maintenance, diagnosis, and repair of air- conditioning systems offered through the bid. At least one seminar on each given air-conditioning manufacturer shall be conducted per five school districts purchasing a bus or buses equipped with that air- conditioning system. The successful bidder shall also be responsible for providing eight days of training in conjunction with the Florida Summer Technicians Training seminar. D. Diagnostic Equipment The successful Type C and D complete bus or Type C body bidder that offers electronically -controlled engines, transmissions, or computer -controlled body or chassis electrical systems purchased from this bid shall provide to the STMS, at its discretion, one complete set of electronic diagnostic equipment, contingent on sale of more than 50 units from this contract. This equipment shall consist of, but not be limited to: one engine diagnostic tool/reader with appropriate software and perpetual license, one breakout box or equivalent electronic systems checking device, one electronic transmission diagnostic tool or personal computer (PC) compatible software with perpetual license, and all required cables, leads, and adapters applicable to equipment bid. The successful Type C and D complete bus or Type C body bidder that offers electronically -controlled engines, transmissions, or computer -controlled body or chassis electrical systems purchased from this bid, shall provide to each purchasing district computer diagnostic equipment for engine, transmission, brakes, 2t and body and chassis multiplexing in the quantity of one complete set per shop for each purchasing district, not to exceed one set per unit purchased. This equipment shall consist of, but not be limited to PC compatible software with perpetual license, and all required cables, leads, and adapters applicable to equipment bid. The successful Type C and D complete bus or Type C body bidder will also, as an element of the diagnostics equipment requirement, provide all applicable Technical Assistance Bulletins to purchasing districts. This requirement may be fulfilled via use of compact disk or on-line access to an Internet site with the required information. E. Service Manuals The successful Type C and D complete bus bidder is responsible for providing each school district purchasing one or more units prior to or concurrent with delivery of buses one service manual per shop location, giving complete coverage of models purchased, including chassis and bodies. The service manuals shall contain all instructions, pictures, and line drawings necessary for the maintenance, repair, and rebuilding of all chassis, powertrain, ABS, air, or hydraulic brake system components, and body components. Chassis manuals shall include complete coverage of the engine, including all rebuild and service procedures. The successful Type C body bidder is responsible for providing each school district purchasing one or more units prior to or concurrent with delivery of buses one service manual per shop location, giving complete coverage of body models purchased. The service manuals shall contain all instructions, pictures, and line drawings necessary for the maintenance, repair, and rebuilding of all body components. This requirement may be fulfilled via use of compact disk or on-line access to an internet site with the required information. F. Parts Manuals The successful bidder is responsible for providing each school district purchasing one or more units prior to or concurrent with delivery of buses one parts catalog per shop location, giving complete coverage of models purchased (including chassis and bodies, for bidders of complete buses). Parts manuals shall include component part numbers and illustrations that clearly allow easy identification of component and sub -component parts. This requirement may be fulfilled via use of compact disk or on-line access to an Internet site with the required information. Delivery of service and parts manuals shall be promptly confirmed to the Department of Education, School Transportation Management Section (STMS), and at least one representative copy shall be delivered to STMS. 7.8 SERVICE REQUIREMENTS — COMPLETE BUS AND TYPE C BODY The body company will make a diligent effort to protect the chassis while in its possession and will carry insurance to cover the full interest of the owner of each unit while in its possession. Any problems with chassis relating to tampering or failure to adhere to chassis manufacturers' service recommendations after delivery of the chassis to the body plant and prior to final delivery to the district shall be the responsibility of the body company, and no school district shall be required to incur any costs (reimbursable or otherwise) associated with any related repairs. If any chassis warranty is reduced as a result, the body company shall accept liability for the remainder of the required and related chassis warranty. The body company further agrees to conduct a thorough pre -delivery inspection. utilizing the Vendor Qualification Pre -Delivery Inspection Form. This form is Included as part of the attached Pool Purchase Bid Supplier Qualification Manual (SQM). The bidder shall include as part of its bld an outline of the manufacturer's pre -delivery inspection program, as described within the SQM. When inadequate dealer support, lack of parts availability, or other factors result in downtime of bus(es) due to chassis, body, or component problems subject to coverage under the warranties required via this bid, the 22 Department of Education, School Transportation Management Section (STMS), shall reserve the right to determine when downtime has become excessive. Downtime (for each given service problem) of five (5) business days or Tess (consecutively or otherwise) shall not be deemed excessive for the purpose of these provisions. In instances where the STMS has determined that downtime is excessive, the STMS shall reserve the right to require on -site or other distributor or factory level service representation and assistance as needed to resolve the problem. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery dates in the bid may result in bidder being found in default, in which event any and all reprocurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in the cancellation of this contract in whole or in part with thirty (30) days prior notice in writing and supplier's name being removed from the State Purchasing vendor mailing list. 7.9 MANUFACTURER'S CERTIFICATION OF ORIGIN (MCO1 Florida law requires a second stage manufacturer's certificate of origin (MCO) if the chassis is built by one manufacturer, then delivered to another manufacturer for the purpose of manufacturing a complete vehicle. The successful body bidder is responsible for providing this second stage MCO for all Type A and C units if chassis for these units are built by a different first -stage manufacturer. Additionally, the successful bidder is also responsible for providing a second stage MCO for Type D units if the chassis and body are produced by different manufacturers. The successful bidder of Type C and D units built by the same manufacturer as a complete unit (chassis and body) shall supply a single MCO. 7.10 PERFORMANCE BOND - COMPLETE BUS AND TYPE C BODY A performance bond or cashier's check will be required of all successful bidders of Type C School Bus Bodies and Type A, C, and D Complete School Buses and is to be held by the Department of Education, School Transportation Management Section (STMS), as surety of full, complete, and timely performance on any and all orders duly issued against the contract. The performance bond may be used to provide coverage for ALL aspects of compliance with the contract including, but not limited to, liquidated damages for delayed delivery, specifications compliance, warranty compliance, and reprocurement procedures, in the event of contract non- compliance or default. Successful bidders agree to furnish, within ten (10) days after award of bids, at no additional cost to the Department of Education and school districts, a performance bond or cashier's check in the amount of $750,000 for Type C and D bidders and $100,000 for Type A only bidders to guarantee full and complete performance of the contract. Such bond, if provided, shall be issued to the "Department of Education and Purchasing School Districts" with language that specifies coverage for compliance with all aspects of the contract. The bidder shall be responsible for reviewing the adequacy of the bond and ensuring it provides the coverage required by this contract. Failure of the bond to provide the required coverage shall not absolve the bidder of responsibility for the required level of financial and other obligations. The bond shall be provided from a reliable surety company, licensed to do business in the state of Florida and acceptable to the Department of Education. To be acceptable to the Department of Education as surety for performance bonds, a surety company shall comply with the following provisions: 1) The Surety Company must be admitted to do business in the state of Florida. 2) The Surety Company shall have been in business and have a record of successful continuous operation for at least five years. 3) All bonds shall be signed by a Florida Licensed Resident Agent who holds a current power of attorney from the Surety Company issuing the bond. 7.11 CLEAN DIESEL ENGINE OPTION Bidders who are able to provide a diesel engine with emissions performance that satisfies the requirements of the California School Bus Replacement Plan Program (see performance specifications below) should include pricing on the optional engine pricing sheet. The price should reflect ALL additional costs associated with this 23 option. Please include a summary explanation of modifications, if any, that would be required for the clean diesel engine option. The California School Bus Replacement Plan Program specifies that the engine and after -treatment system will be designed to operate with ultra low sulfur fuel with sulfur content equal to or less than fifteen (15) parts per million. Certified emissions performance will be: Nox 3.0 grams/hp-hr HC 0.1 grams/hp-hr PM 0.01 grams/hp-hr 7.12 29 CAPACITY TYPE C LIGHT MODEL School districts have requested the option to purchase a lighter version of a 29 passenger Type C complete school bus. The lighter weight would allow more flexibility and maneuverability to allow the units to fit into tighter spaces and accommodate a tighter tuming radius. Bidders who are able to provide a lighter version of the 29 passenger Type C buses are requested to provide pricing and configuration information with this ITB. These units must meet all Florida School Bus Specifications for a 29 capacity Type C school bus except that the following are allowed: 6,000 pound GAWR front end 13,500 pound GAWR rear axle 245-70R19.5 tires Allison 1000 or 2200 PTS transmission Hydraulic brakes Acceptable standard engines for these units include the International VT365, Cummins ISB, Caterpillar 3126, or Mercedes 906. SECTION 8 - SPECIFIC TERMS AND CONDITIONS FOR TYPE C CHASSIS 8.0 TIMELINES FOR TYPE C CHASSIS EFFECTIVE DATES AND REQUIREMENTS OF THE POOL PURCHASE AWARD, INCLUDING PURCHASE ORDER DEADLINES AND DELIVERY TIMELINES, MUST BE AS SPECIFIED IN THE TABLES BELOW: 24 Purchase Order Receipt by Successful Bidder: Date of Award through October 9, 2004, October 8, 2004 through March 31, 2005 Type C Chassis released to Carrier Not later than December (for delivery to body plant) by: 31, 2004 Not later than July 8, 2005 8.1 PAYMENT FOR CHASSIS Payment by the local purchaser should be no later than forty (40) days following receipt of both: (1) a complete itemized invoice from the bidder, including the vehicle identification number, discrete options purchased, and purchase order number, and, (2) a chassis inspection report and Manufacturer's Certificate of Origin (MCO) from the body manufacturer. The forty (40) days shall commence upon receipt of the latest of the two above -referenced documents. Payment for chassis will be due only after receipt of the aforementioned documents by the school board, private school, or any purchasing aaencv. Payment shall be made in accordance with Section 215.422, F.S., which states the contractors' rights and the purchasing agency's responsibilities concerning interest penalties and time limits for payment of invoices. Payment for chassis at the body plant and before inspection shall not supplant an obligation to service the vehicle properly for delivery or serve to limit or restrict the factory warranty of that vehicle. 8.2 TRAINING, EQUIPMENT, AND PUBLICATION REQUIREMENTS — TYPE C CHASSIS A. Chassis / Engine Training The successful bidder of Type C chassis shall be responsible for providing service training as needed. These seminars are to be conducted free of charge at district garage locations to be arranged by the STMS and the successful bidder. This training shall include minimum one -day training seminars on overall features, tune-up, diagnosis, and preventive maintenance of diesel engines or other major chassis components offered through this bid (at the discretion of the STMS). At least one seminar on each given diesel engine model or other major component shall be conducted per four school districts purchasing a bus or buses equipped with that engine or componentry. Additionally, the bidder will be responsible for providing eight days of training in conjunction with the Florida Summer Technicians Training seminar. Training to be supplied by the bidder shall include provisions for supplying and transporting to each location a live training engine and/or other components, training aids, and student handouts pertinent to the instruction. The STMS will provide assistance in organizing the training and in the on -site arrangements and may require a meeting in Tallahassee prior to the class series to approve the content and organization of the instruction. B. Diagnostic Eauloment The successful Type C chassis bidder that offers electronically -controlled engines, transmissions, or computer -controlled body or chassis electrical systems purchased from this bid shall provide to the STMS, at its discretion, one complete set of electronic diagnostic equipment, contingent on sale of more than fifty (50) units from this contract. This equipment shall consist of, but not be limited to: one engine diagnostic tool/reader with appropriate software and perpetual license, one breakout box or equivalent electronic systems checking device, one electronic transmission diagnostic tool or PC compatible software with perpetual license, and all required cables, leads, and adapters applicable to equipment bid. The successful Type C chassis bidder that offers electronically -controlled engines, transmissions, brakes, or computer -controlled body or chassis electrical systems purchased from this bid shall provide to each 25 purchasing district computer diagnostic equipment for engine, transmission, brakes, and body and/or chassis multiplexing in the quantity of one complete set per shop for each purchasing district, not to exceed one set per unit purchased. This equipment shall consist of, but not be limited to PC compatible software with perpetual license, and all required cables, leads, and adapters applicable to equipment bid. The successful Type C chassis bidder will also, as an element of the diagnostics equipment requirement, provide all applicable Technical Assistance Bulletins to purchasing districts. This requirement may be fulfilled via use of compact disk or on-line access to an intemet site with the required information. C. Service Manuals The successful Type C chassis bidder is also responsible for providing each school district purchasing one or more units prior to or concurrent with delivery of buses one service manual per shop location, giving complete coverage of chassis models purchased. The service manuals shall contain all instructions, pictures, and line drawings necessary for the maintenance, repair, and rebuilding of all chassis, powertrain, ABS, air, or hydraulic brake system components. Chassis manuals shall include complete coverage of the engine, including all rebuild and service procedures. This requirement may be fulfilled via use of compact disk or on-line access to an internet site with the required information. D. Parts Manuals The successful bidder is responsible for providing each school district purchasing one or more units prior to or concurrent with delivery of buses one parts catalog per shop location, giving complete coverage of chassis models purchased. Parts manuals shall include component part numbers and illustrations that clearly allow easy identification of component and sub -component parts. This requirement may be fulfilled via use of compact disk or on-line access to an internet site with the required information. Delivery of service and parts manuals shall be promptly confirmed to the Department of Education, School Transportation Management Section (STMS), and at least one representative copy shall be delivered to STMS. 8.3 SERVICE REQUIREMENTS — TYPE C CHASSIS When inadequate dealer support, lack of parts availability, or other factors result in downtime of bus(es) due to chassis, body, or component problems subject to coverage under the warranties required via this bid, the Department of Education, School Transportation Management Section (STMS), shall reserve the right to determine when downtime has become excessive. Downtime (for each given service problem) of five business days or less (consecutively or otherwise) shall not be deemed excessive for the purpose of these provisions. In instances where the STMS has determined that downtime is excessive, the STMS shall reserve the right to require on -site or other distributor or factory level service representation and assistance as needed to resolve the problem. These items and items not delivered as per delivery dates in the bid may result in bidder being found in default, in which event any and all reprocurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in the cancellation of this contract in whole or in part with thirty (30) days prior notice in writing and supplier's name being removed from the State Purchasing vendor mailing list. 8.4 WARRANTY REQUIREMENTS AND LINE -SETT TICKET Type C chassis bidders shall agree to accept electronic notification of school district in-service dates provided by the STMS in lieu of forms or update forms. Such notification shall serve to update the actual warranty start date for all chassis and chassis components. By submitting this bid, the bidder agrees to accept, process, and pay properly completed warranty claims on behalf of purchasing school districts via any electronic or internet-based warranty system that may be available. If such an electronic system is not available through the manufacturer, then the 26 bidder shall provide an alternative simple and concise method of filing warranty claims for districts to use. The selected vendor, upon receiving award and entering into a contract with the Department, must warrant that all materials and services delivered to the Department and purchasers pursuant to the contract conforms to all of the specifications contained or referred to herein. The Bidder must comply with warranty guidelines provided in Attachment XII - Florida School Bus Specifications, Revised 2004. Failure or neglect of the Department to require compliance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition, The Awarded Contractor, by entering into a contract with the Department, warrants and represents that all materials and services delivered to the Department pursuant to the contract conforms to all of the specifications contained or referred to in the ITB document, attachments, and addenda. The successful bidder must also include appropriate chassis and component warranty policy books and the parts identification list (line -sett ticket or truck specification sheet) for each chassis purchased. 8.5 PERFORMANCE BOND — TYPE C CHASSIS A performance bond or cashier's check will be required of all successful bidders of Type C School Bus Chassis and is to be held by the Department of Education, School Transportation Management Section (STMS), as surety of full, complete, and timely performance on any and all orders duly issued against the contract. The performance bond may be used to provide coverage for ALL aspects of compliance with the contract including, but not limited to, liquidated damages for delayed delivery, specifications compliance, warranty compliance, and reprocurement procedures, in the event of contract non-compliance or default. Successful bidders agree to furnish, within ten (10) days after award of bids, at no additional cost to the Department of Education and school districts, a performance bond or cashier's check in the amount of $750,000 to guarantee full and complete performance of the contract. Such bond, if provided, shall be issued to the "Department of Education and Purchasing School Districts" with language that specifies coverage for compliance with all aspects of the contract. The bidder shall be responsible for reviewing the adequacy of the bond and ensuring it provides the coverage required by this contract. Failure of the bond to provide the required coverage shall not absolve the bidder of responsibility for the required level of financial and other obligations. The bond shall be provided from a reliable surety company, licensed to do business in the state of Florida and acceptable to the Department of Education. To be acceptable to the Department of Education as surety for performance bonds, a surety company shall comply with the following provisions: The Surety Company must be admitted to do business in the state of Florida. 1. The Surety Company shall have been in business and have a record of successful continuous operation for at least five years. 2. All bonds shall be signed by a Florida Licensed Resident Agent who holds a current power of attorney from the Surety Company issuing the bond. 8.6 CLEAN DIESEL ENGINE OPTION Bidders who are able to provide a diesel engine with emissions performance that satisfies the requirements of the California School Bus Replacement Plan Program (see performance specifications below) should include pricing on the optional engine pricing sheet. The price should reflect ALL additional costs associated with this option. Please include a summary explanation of modifications, if any, that would be required for the clean diesel engine option. 27 The California School Bus Replacement Plan Program specifies that the engine and after -treatment system will be designed to operate with ultra low sulfur fuel with sulfur content equal to or less than fifteen (15) parts per million, Certified emissions performance will be: Nox 3,0 grams/hp-hr HC 0.1 grams/hp-hr PM 0.01 grams/hp-hr SECTION 9 - BID RESPONSE REQUIREMENTS 1 9.0 SUBMISSION SUBMIT YOUR BID RESPONSE TO: Department of Education Purchasing Office —Attn: Regina Johnson 325 West Gaines Street, Room 914 Turlington Building Tallahassee, Florida 32399-0400. NOTE: DEPARTMENT WILL NOT ACCEPT TELEGRAPHIC OR ELECTRONICALLY TRANSMITTED RESPONSES. 9.1 INSTRUCTIONS AND CONDITIONS These documents constitute the complete set of specification requirements and bid response forms. The bidder is responsible for ensuring that all pages and all addenda are received. The Department of Education advises all bidders to closely examine this ITB package, and to immediately direct any questions regarding the completeness of this ITB package and any addenda thereto to the DOE Office of Purchasing. Unless otherwise directed in writing by DOE, the bidder must submit all bld responses on the bid response form provided with this ITB. The Department will not accept bid responses on bidders letterhead andlor quotation forms. 9.2 DEADLINE ITB responses received after June 17, 2004, 10:00 AM EASTERN TIME, will not be considered. Materials submitted will become the property of the state of Florida. The state reserves the right to use any concepts, ideas, or techniques described in the Invitation to Bid response. 9.3 DISQUALIFICATION If a Bid response does not include all of the required information, it shall be disqualified from any further consideration. 9.4 DISPOSITION OF BID RESPONSES All responses become the property of the state of Florida and will be a matter of public record subject to the provisions of Section 119, F.S. 9.5 SUBMISSION OF ALTERNATE RESPONSES A company, its subsidiaries, affiliates, or related entities shall be limited to one (1) response. Submission of more than one response will cause the rejection of all responses submitted. A firm may not propose to serve as the prime contractor in one response and as a subcontractor in a different response. 9.6 PUBLIC OPENING OF RESPONSES Each response shall be dated and time -stamped by the Department at time of receipt. Any response received after the specified deadline for acceptance shall be rejected and returned unopened to the bidder. Response will be opened on Thursday, June 17, 2004, after 10:00 AM in Room 1704 Turlington Building, 325 West Gaines Street, in Tallahassee, but MUST be delivered to the Purchasing Office as described in Section 9.0 above. 28 ATTACHMENTS For BID NO: ITB 2004-19