Embed Size (px)
DESCRIPTION
FTA Bus Procurement Requirements. April 22, 2013. FTA Requirements. Technical Capacity Procurement Buy America Pre-award/post-delivery audits Bus T esting Disadvantaged Business Enterprise (DBE) Debarment and Suspension Lobbying. Technical Capacity. Determine type/size of bus - PowerPoint PPT Presentation
Citation preview
FTA Bus Procurement Requirements
April 22, 2013
2
Technical Capacity Procurement Buy America Pre-award/post-delivery audits Bus Testing Disadvantaged Business Enterprise (DBE) Debarment and Suspension Lobbying
FTA Requirements
3
Determine type/size of bus Develop specifications Ensure quality Maintain bus Manage warranty provisions Comply with FTA requirements
Technical Capacity
ProcurementPublic Entities Private Entities
Full and open competition No geographic preferences 5-year limit Clauses
Full and open competition No geographic preferences 5-year limit Clauses Written code of conduct Written procurement
procedures Written protest procedures Independent cost estimate Cost/price analysis All of 4220
44
5
Cannot require in-state/local dealer
Can require local arrangements for warranty work
Can require licenses
No Geographic Preferences
6
Product Required__________________________________________________________ Basis for determining the estimated cost (a, b or c) a. Recent Past Purchases (attach documentation)
Unit Price $____ x Producer Price Index ____ x Number of Units ____ = Total Estimated Price $_____ b. Catalog/Advertised Price (attach source documentation from catalogs, internet or media)
Unit Price $______ x Number of Units ______ = Total Estimated Price $______ c. Fax/telephone information (attach documentation)
Unit Price $______ x Number of Units ______ = Total Estimated Price $______
Date of Independent Cost Estimate ___/___/________ Signature of Person Preparing the Estimate _________________________________________
Independent Cost Estimate
7
Product required _______________________________________________________________ Basis for price analysis (a or b) a. Comparison to independent cost estimate and prices received Independent cost estimate $_________________ Low Bid Price $_________________ Other Bid Price $________________ Other Bid Price $_________________ Other Bid Price $_________________
b. Comparison to prices of recent purchases paid by others for similar vehicles Agency: __________________ Price $______________ Explanation of price differences: _________________________________________________________ Agency: __________________ Price $______________ Explanation of price differences: _________________________________________________________
Agency: __________________ Price $______________ Explanation of price differences: _________________________________________________________
Date of Price Analysis ___/___/________ Based on the above, the price of this procurement is determined to be fair and reasonable Signature _________________________________________
Price Analysis
8
Evaluate at time of award
Conduct price analysis when exercise
Options
9
Triennial Review and State Management Review guides on FTA website for checklist
Appendix A of Best Practices Procurement Manual and Master Agreement for clause language
National RTAP ProcurementPRO to generate procurement document, including clauses
Clauses
10
Triennial/State Review Checklists
11
Triennial/State Review Checklists
12
CLAUSE COMMENTSMASTER
AGREEMENT REFERENCE
1 2 3 4 5 6 7 8 9 10 11 12
All FTA-Assisted Third-Party Contracts and SubcontractsNo Federal government obligations to third-parties by use of a disclaimer
§2.f
Program fraud and false or fraudulent statements and related acts
§3.f
Access to Records §15.t
Federal Changes §2.c(1) Civil rights (EEO, Title VI & ADA) §12 Incorporation of FTA terms Per FTA C 4220.1F §15.a
Energy conservation §26 Awards Exceeding $10,000
Termination provisions
49 CFR Part 18Not required of states
§11
Awards Exceeding $25,000Debarment and Suspension
2 CFR Parts 180 and 1200 §3.b
Triennial/State Review Checklists
13
Best Practices Procurement Manual
15
Applies to bus purchases >$100,000
Applies to new and used items
Applies to total contract amount
Buy America
16
BUY AMERICA REQUIREMENTS49 U.S.C. 5323(j) 49 CFR Part 661 Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or bidder hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 CFR Part 661.
Date _________________________________________________________________Signature ____________________________________________________________Company Name ____________________________________________________________Title _________________________________________________________________
Certificate of Non‑Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or 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 pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7.
Date _______________________________________________________________Signature ____________________________________________________________Company Name ________________________________________________________Title _______________________________________________________________
Vendor Buy America Certification
17
Buy America (>$100,000)
Federal Motor Vehicle Safety Standards (FMVSS)
Purchaser’s requirements
Pre-award/Post-delivery Audits
18
Domestic content data documenting at least 60 percent domestic content
Proposed final assembly activities
Proposed final assembly location
Pre-award Buy America Audit
19
Domestic Content ExampleTotal Cost
Item of ComponentsPercent DomesticOne bus $100.00 at least 60% of total cost60% Domestic ComponentComponent Domestic Content1. Engine $30.00 (30% of total component cost)2. Transmission $20.00 (20% of total component cost)3. Wheels $15.00 (15% of total component cost) Subtotal $65.00(65% of total component cost)
(5% more than required, no further componentsneed be identified)
Breakdown of components for domestic sub-component contentSub-component Domestic Component1. Engine (total cost $30.00)
a. valves $12.00 (40% of cost of engine)b. block $10.50 (35% of cost of engine)Subtotal $22.50 (75% of cost of engine)(15% more than required, no further sub-components need to be identified)
2. Transmission (total cost $20.00a. gears $4.00 (20% of cost of transmission)b. housing $8.00 (40% of cost of transmission)Subtotal $12.00 (60% cost of transmission)(minimum percent achieved, no furthersub-components need to be identified)
3. Wheels (total cost $15.00)a. castings $10.00 (66.7% of cost of wheels)Subtotal $10.00 (66.7% more than required; no furthersub-components need to be identified)
Vendor Domestic Content Data
20
PRE-AWARD BUY AMERICA COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR, Part 663 – Subpart B, ________________________________________(the recipient) is satisfied that the buses to be purchased, ____________(number and description of buses) from ___________________________________________(the manufacturer), meet the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended. The recipient o , or its appointed analyst ___________________________________(the analyst – not the manufacturer or its agent), has reviewed documentation provided by the manufacturer, which lists (1) the proposed component and subcomponent parts of the buses identified by manufacturer, country of origin, and cost; and (2) the proposed location of the final assembly point for the buses, including a description of the activities that will take place at the final assembly point and the cost of final assembly.Date: ____________________Signature: _____________________Title: _____________________
Purchaser Pre-Award Buy America Certification
21
CERTIFICATION OF COMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARDS The bidder hereby certifies that the vehicle to be purchased complies with relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in part 571 of this title. Date: ______________________________________________________Signature: __________________________________________________Company Name: ____________________________________________Title: _______________________________________________________
Bidder Pre-award FMVSS Certification
22
PRE-AWARD FMVSS COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR, Part 663 – Subpart D, __________________(the recipient) certifies that it received, at the pre-award stage, a copy of______________’s (the manufacturer) self-certification information stating that the buses, _____________________(number and description of buses), will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Part 571.Date: _____________________Signature: ___________________Title: _____________________
Purchaser Pre-award FMVSS Certification
23
Verify bid compliance with your specifications
Verify manufacturer’s qualifications to build to specifications
Pre-award Purchaser’s Requirements Audit
24
PRE-AWARD PURCHASER’S REQUIREMENTS CERTIFICATION
As required by Title 49 of the CFR, Part 663 – Subpart B, _______________________(the recipient) certifies that the buses to be purchased, _____________________(number and description of buses) from ________________(the manufacturer), are the same product described in the recipient’s solicitation specification and that the proposed manufacturer is a responsible manufacturer with the capability to produce a bus that meets the specifications.Date: _____________________Signature:_____________________ Title: _____________________
Purchaser’s Pre-award Purchaser Requirements Certification
25
> 10 vehicles if large urbanized area
> 20 vehicles for small urban and rural areas
In-plant Inspections
26
Actual domestic content calculation
Actual final assembly activities
Actual location of final assembly
Post-delivery Buy America Audit
27
Domestic Content ExampleTotal Cost
Item of Components Percent DomesticOne bus$100.00 at least 60% of total cost60% Domestic ComponentComponent Domestic Content1. Engine $30.00 (30% of total component cost)2. Transmission $20.00 (20% of total component cost)3. Wheels $15.00 (15% of total component cost) Subtotal $65.00(65% of total component cost)
(5% more than required, no further componentsneed be identified)
Breakdown of components for domestic sub-component contentSub-component Domestic Component1. Engine (total cost $30.00)
a. valves $12.00 (40% of cost of engine)b. block$10.50 (35% of cost of engine)Subtotal $22.50 (75% of cost of engine)(15% more than required, no further sub-components need to be identified)
2. Transmission (total cost $20.00a. gears $4.00 (20% of cost of transmission)b. housing $8.00 (40% of cost of transmission)Subtotal $12.00 (60% cost of transmission)(minimum percent achieved, no furthersub-components need to be identified)
3. Wheels (total cost $15.00)a. castings $10.00 (66.7% of cost of wheels)Subtotal $10.00 (66.7% more than required; no furthersub-components need to be identified)
Vendor Domestic Content Data
28
POST-DELIVERY BUY AMERICA COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR, Part 663 – Subpart C, ___________________________(the recipient) certifies that it is satisfied that the buses received, _____________________(number and description of buses) from __________________________(the manufacturer), meet the requirements of Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended. The recipient o , or its appointed analyst_________________________________________(the analyst – not the manufacturer or its agent), has reviewed documentation provided by the manufacturer, which lists (1) the actual component and subcomponent parts of the buses identified by the manufacturer, country of origin, and cost; and (2) the actual location of the final assembly point for the buses, including a description of the activities that took place at the final assembly point and the cost of final assembly.Date: _____________________Signature: _____________________Title: _____________________
Purchaser’s Post-delivery Buy America Certification
30
POST-DELIVERY FMVSS COMPLIANCE CERTIFICATION
As required by Title 49 of the CFR, Part 663 – Subpart D, ____________________________________(the recipient) certifies that it received, at the post-delivery stage, a copy of _______________’s (the manufacturer) self-certification information stating that the buses, __________________________________________(number and description of buses), comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title 49 Code of Federal Regulations, Part 571.Date: _____________________Signature:_____________________ Title: _____________________
Purchaser’s Post-delivery FMVSS Certification
31
Inspect bus with specifications checklist
Road test
Post-delivery Purchaser’s Requirements Audit
32
POST-DELIVERY PURCHASER’S REQUIREMENTS CERTIFICATION
As required by Title 49 of the CFR, Part 663 – Subpart C, after visually inspecting and road testing the contract buses, _________(the recipient) certifies that the buses, ____________(number and description of buses) from __________________(the manufacturer), meet the contract specifications.Date: _____________________Signature: _____________________Title: _____________________
Purchaser’s Post-delivery Purchaser’s Requirements Certification
34
Applies to: small buses medium- and light-duty mid-size buses heavy-duty small and large buses
Does not apply to unmodified mass-produced vans
Bus Testing
35
Include required clause in procurement document
Obtain a test report before the final acceptance of the first bus and the expenditure of FTA funds (required)
Obtain a test report with bid (best practice) If partial test, obtain copy of all relevant reports
(required) Ensure that the report supports your
conclusions regarding the service and maintenance fit
Bus Testing
37
Obtain DBE transit vehicle manufacturer (TVM) certification
Search FTA website Document results of search to file Contact vendor on status of DBE plan
approval
DBE
38
TRANSIT VEHICLE MANUFACTURERS DBE CERTIFICATION
The bidder hereby certifies that it will comply with the requirements of 49 CFR Section 26.49 by submitting a current annual DBE goal to the Federal Transit Administration. The goals apply to current Federal Fiscal Year 2009 and have either been approved or not by FTA.The bidder, if a non-vehicle manufacturer supplier, hereby certifies that the manufacturer of the transit vehicle to be supplied has complied with the above-referenced requirements of 49 CFR Section 26.49.
Date: ________________________________________________________Signature: ___________________________________________________Company Name: _____________________________________________Title: ________________________________________________________
Bidder TVM DBE Certification
40
Include certification clause in procurements >$25,000
Search System for Award Management (www.sam.gov)
Document results of search for procurement file
Debarment and Suspension
41
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Suspension and Debarment - This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
Bidder Debarment and Suspension Certification Clause
43
Applies to contracts >$100,000
Obtain signed certification from bidder
Lobbying
44
FTA allows bus piggyback procurements
FTA prohibits tag-on procurements
Piggyback Procurements
45
State GSA-type contracts
Non-state contracts
Piggyback Procurements
46
Maintain your own procurement record Obtain the original procurement
documents and contract Evaluate or conduct due diligence on the
original procurement Ensure that all requirements are met
before paying vendor
Treat a piggyback as a bid
47
Question 1: Original documents Solicitation document Contract Bid of successful
vendor Bid tabulation and
evaluation Pre-award audits Bus test report
Piggybacking Checklist
48
Question 2: Assignability clause Allows purchaser to
assign unexercised, evaluated options to others
Obtain assignment of rights in writing
Piggybacking Checklist
49
Question 3: Required certifications Buy America Lobbying DBE Transit Vehicle
Manufacturer Federal Motor Vehicle
Safety Standards
Piggybacking Checklist
50
Question 4: Required clauses Use clause checklist
from Triennial or State Management Review
Place completed checklist in procurement file
Piggybacking Checklist
51
Questions 5 - 7: Quantities/options
Question 8: Procurement method
Question 9: Price analysis Question 10: Five-year
limitation Question 11: Bid
evaluation Question 12: Modifications
Piggybacking Checklist
52
Review bus test report Conduct price analysis Conduct pre-award audit and sign
certifications Issue purchase order
Final Procurement Steps
53
Pre-production meeting notes Correspondence with vendor during
production Pre-delivery plant inspection notes In-plant inspector:
> 10 vehicles if large urbanized area > 20 vehicles for small urban and rural
areas
Production Oversight
54
Conduct post-delivery audits of Buy America, FMVSS, and purchaser’s requirements
Sign post-delivery certifications of Buy America, FMVSS, and Purchaser’s Requirements
Document payment history Administer warranty and claims
Post-Delivery Management
55
Place vehicles on agency insurance Place vehicles on asset inventory Obtain titles and licenses Authorize payment Receive vendor training of drivers and
mechanics
Final Steps
FTA Bus Procurement Requirements
April 22, 2013
