Standard Bus Procurement Guidelines - APTAStandards.com

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Standard Bus Procurement Guidelines (Procuring Agency to insert requirements) Upon a request for records from a third party regarding this proposal the Procuring Agency will notify in writing the party involved. The party involved must respond within twenty (20) calendar days with the identification of any and all “proprietary, trade secret, or confidential commercial or financial” information and the party involved shall indemnify the Procuring Agency’s defense costs associated with its refusal to produce such identified information; otherwise, the requested information may be released. The Procuring Agency shall employ sound business practices no less diligent than those used for the Procuring Agency's own confidential information to protect the confidence of all licensed technology, software, documentation, drawings, schematics, manuals, data and other information and material provided by Offerors and the Contractor pursuant to the Contract which contain confidential commercial or financial information, trade secrets or proprietary information as defined in or pursuant to the (city state or local law) against disclosure of such information and material to third parties except as permitted by the Contract. The Contractor shall be responsible for ensuring that confidential commercial or financial information, trade secrets or proprietary information, with such determinations to be made by the Procuring Agency in its sole discretion, bears appropriate notices relating to its confidential character. 1.1.5 RESPONSE TO PROPOSALS 1.1.5.1 ACCEPTANCE/REJECTION OF PROPOSALS The Procuring Agency reserves the right to reject any or all proposals for sound business reasons, to undertake discussions with one or more Offerors, and to accept that proposal or modified proposal which, in its judgment, will be most advantageous to the Procuring Agency, price and other evaluation criteria considered. The Procuring Agency reserves the right to consider any specific proposal which is conditional or not prepared in accordance with the instructions and requirements of this RFP to be noncompetitive. The Procuring Agency reserves the right to waive any defects, or minor informalities or irregularities in any proposal which do not materially affect the proposal or prejudice other Offerors. If there is any evidence indicating that two or more Offerors are in collusion to restrict competition or otherwise engaged in anti-competitive practices, the proposals of all such Offerors shall be rejected and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by the Procuring Agency. The Procuring Agency may reject a proposal that includes unacceptable deviations as provided in “Conditions, Exceptions, Reservations or Understandings” (Section 1.1.2.4). 1.1.5.2 SINGLE PROPOSAL RESPONSE Request for Proposals, Offer & Award 10/18/2007 16
Standard Bus Procurement Guidelines If only one proposal is received in response to this RFP and it is found by the Procuring Agency to be acceptable, a detailed price/cost proposal may be requested of the single Offeror. A price or cost analysis, or both, possibly including an audit, may be performed by or for the Procuring Agency of the detailed price/cost proposal in order to determine if the price is fair and reasonable. The Offeror has agreed to such analysis by submitting a proposal in response to this RFP. A price analysis is an evaluation of a proposed price that does not involve an in-depth evaluation of all the separate cost elements and the profit factors that comprise an Offeror's price proposal. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity, involving similar specifications and in a similar time frame. Where a difference exists, a detailed analysis must be made of this difference and costs attached thereto. Where it is impossible to obtain a valid price analysis, it may be necessary to conduct a cost analysis of the proposed price. A cost analysis is a more detailed evaluation of the cost elements in the Offeror's Offer to perform. It is conducted to form an opinion as to the degree to which the proposed costs represent what the Offeror's performance should cost. A cost analysis is generally conducted to determine whether the Offeror is applying sound management in proposing the application of resources to the contracted effort and whether costs are allowable, allocable and reasonable. Any such analyses and the results therefrom shall not obligate the Procuring Agency to accept such a single proposal; and the Procuring Agency may reject such proposal at its sole discretion. 1.1.5.3 CANCELLATION OF PROCUREMENT The Procuring Agency reserves the right to cancel the procurement, for sound business reasons, at any time before the Contract is fully executed and approved on behalf of the Procuring Agency. 1.1.5.4 AVAILABILITY OF FUNDS This procurement is subject to the availability of funding. (Procuring Agency to insert a description of the funding for this procurement, including any conditions upon which funding is dependent) The Procuring Agency's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Contract purposes can be made. No legal liability on the part of the Procuring Agency for any payment shall arise until funds are made available to the Contracting Officer for this Contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Any award of Contract hereunder will be conditioned upon said availability of funds for the Contract. 1.1.5.5 PROTESTS Any protests by an interested party regarding this procurement shall be made in accordance with (reference state or local law, ordinance and/or regulation). After such administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration (FTA) of the U.S. Department of Transportation pursuant to the procedures provided in FTA C 4220.1D. Alleged violations of certain federal requirements provide a separate complaint procedure. See, for example, Buy America Requirements, 49 CFR 661 (Section 661.15) and Participation by Disadvantaged Business Enterprise in Department of Transportation Programs, 49 CFR 23 (Section 23.73). Failure to comply with the above protest procedures will render a protest untimely and/or inadequate and shall result in its rejection. Request for Proposals, Offer & Award 10/18/2007 17
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