April 22, 2013
 Technical Capacity
 Procurement
 Buy America
 Pre-award/post-delivery audits
 Bus Testing
 Disadvantaged Business Enterprise (DBE)
 Debarment and Suspension
 Lobbying
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 Determine type/size of bus
 Develop specifications
 Ensure quality
 Maintain bus
 Manage warranty provisions
 Comply with FTA requirements
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Public Entities
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Full and open competition
No geographic preferences
5-year limit
Clauses
Private Entities
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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
 Cannot require instate/local dealer
 Can require local
arrangements for warranty
work
 Can require licenses
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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 _________________________________________
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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 _________________________________________
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 Evaluate at time of
award
 Conduct price analysis
when exercise
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 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
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CLAUSE
COMMENTS
MASTER
AGREEMENT
REFERENCE
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All FTA-Assisted Third-Party Contracts and Subcontracts
No Federal
government
obligations to thirdparties by use of a
disclaimer
Program fraud and
false or fraudulent
statements and
related acts
§2.f
§3.f
Access to Records
§15.t
Federal Changes
Civil rights (EEO,
Title VI & ADA)
Incorporation of FTA
terms
§2.c(1)
§12
Per FTA C 4220.1F
Energy conservation
§15.a
§26
Awards Exceeding $10,000
Termination
provisions
49 CFR Part 18
Not required of
states
§11
Awards Exceeding $25,000
Debarment and
Suspension
12
2 CFR Parts 180
and 1200
§3.b
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 Applies to bus
purchases >$100,000
 Applies to new and
used items
 Applies to total
contract amount
15
BUY AMERICA REQUIREMENTS
49 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 _______________________________________________________________
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 Buy America (>$100,000)
 Federal Motor Vehicle
Safety Standards (FMVSS)
 Purchaser’s requirements
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 Domestic content data
documenting at least 60
percent domestic content
 Proposed final assembly
activities
 Proposed final assembly
location
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Domestic Content Example
Item
One bus
60% Domestic Component
Component
1. Engine
2. Transmission
3. Wheels
Subtotal
Total Cost
of Components
$100.00
Percent Domestic
at least 60% of total cost
Domestic Content
$30.00 (30% of total component cost)
$20.00 (20% of total component cost)
$15.00 (15% of total component cost)
$65.00(65% of total component cost)
(5% more than required, no further components
need be identified)
Breakdown of components for domestic sub-component content
Sub-component
Domestic Component
1. 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 $20.00
a. 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 further
sub-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 further
sub-components need to be identified)
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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: _____________________
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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: _______________________________________________________
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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: _____________________
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 Verify bid compliance
with your specifications
 Verify manufacturer’s
qualifications to build to
specifications
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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: _____________________
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 > 10 vehicles if large
urbanized area
 > 20 vehicles for small
urban and rural areas
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 Actual domestic content
calculation
 Actual final assembly
activities
 Actual location of final
assembly
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Domestic Content Example
Item
One bus
60% Domestic Component
Component
1. Engine
2. Transmission
3. Wheels
Subtotal
Total Cost
of Components
$100.00
Percent Domestic
at least 60% of total cost
Domestic Content
$30.00 (30% of total component cost)
$20.00 (20% of total component cost)
$15.00 (15% of total component cost)
$65.00(65% of total component cost)
(5% more than required, no further components
need be identified)
Breakdown of components for domestic sub-component content
Sub-component
Domestic Component
1. 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 $20.00
a. 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 further
sub-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 further
sub-components need to be identified)
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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: _____________________
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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: _____________________
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 Inspect bus with
specifications checklist
 Road test
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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: _____________________
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 Applies to:
 small buses
 medium- and light-duty mid-size buses
 heavy-duty small and large buses
 Does not apply to unmodified massproduced vans
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 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
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 Obtain DBE transit vehicle manufacturer
(TVM) certification
 Search FTA website
 Document results of search to file
 Contact vendor on status of DBE plan
approval
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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: ________________________________________________________
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 Include certification clause in procurements
>$25,000
 Search System for Award Management
(www.sam.gov)
 Document results of search for
procurement file
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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.
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 Applies to contracts
>$100,000
 Obtain signed
certification from bidder
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 FTA allows bus
piggyback procurements
 FTA prohibits tag-on
procurements
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 State GSA-type
contracts
 Non-state
contracts
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 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
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 Question 1: Original
documents
 Solicitation document
 Contract
 Bid of successful vendor
 Bid tabulation and
evaluation
 Pre-award audits
 Bus test report
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 Question 2: Assignability
clause
 Allows purchaser to
assign unexercised,
evaluated options to
others
 Obtain assignment of
rights in writing
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 Question 3: Required
certifications
 Buy America
 Lobbying
 DBE Transit Vehicle
Manufacturer
 Federal Motor Vehicle
Safety Standards
49
 Question 4: Required
clauses
 Use clause checklist
from Triennial or State
Management Review
 Place completed
checklist in procurement
file
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 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
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 Review bus test report
 Conduct price analysis
 Conduct pre-award audit and sign
certifications
 Issue purchase order
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 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
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 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
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 Place vehicles on agency insurance
 Place vehicles on asset inventory
 Obtain titles and licenses
 Authorize payment
 Receive vendor training of drivers and
mechanics
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April 22, 2013