Standard Bus Procurement Guidelines - APTAStandards.com
Standard Bus Procurement Guidelines - APTAStandards.com Standard Bus Procurement Guidelines - APTAStandards.com
Standard Bus Procurement Guidelines problems within the scope of the specifications that may arise during the warranty period. This does not relieve the Contractor of responsibilities under Part 4: Warranty Provisions. 2.5.3 DOCUMENTS The Contractor shall provide (Procuring Agent to insert number and specify any additional documentation requirements) current maintenance manual(s), (number) current parts manual(s), and (number) standard operator's manual(s) as part of this Contract. The Contractor shall keep maintenance manuals available for a period of three years after the date of acceptance of the buses procured under this Contract. The Contractor shall also exert its best efforts to keep maintenance manuals, operator manuals, and keep parts books up-to-date for a period of 15 (fifteen) years. The supplied maintenance and operator's manuals shall incorporate all equipment ordered on the buses covered by this procurement. 2.5.4 PARTS AVAILABILITY GUARANTY The Contractor hereby guarantees to provide, within reasonable periods of time, the spare parts, software and all equipment necessary to maintain and repair the buses supplied under this Contract for a period of at least 15 (fifteen) years after the date of acceptance. Parts shall be interchangeable with the original equipment and be manufactured in accordance with the quality assurance provisions of this Contract. Prices shall not exceed the Contractor's then current published catalog prices. Where the parts ordered by the Procuring Agency are not received within two working days of the agreed upon time/date and a bus procured under this Contract is out-of-service due to the lack of said ordered parts, then the Contractor shall provide the Procuring Agency, within eight hours of the Procuring Agency's verbal or written request, the original suppliers' and/or manufacturers' parts numbers, company names, addresses, telephone numbers and contact persons' names for all of the specific parts not received by the Procuring Agency. Where the Contractor fails to honor this parts guaranty or parts ordered by the Procuring Agency are not received within 30 (thirty) days of the agreed upon delivery date, then the Contractor shall provide to Procuring Agency, within 7 (seven) days of the Procuring Agency's verbal or written request, the design and manufacturing documentation for those parts manufactured by the Contractor and the original suppliers' and/or manufacturers' parts numbers, company names, addresses, telephone numbers and contact persons' names for all of the specific parts not received by the Procuring Agency. Contractor's design and manufacturing documentation provided to the Procuring Agency shall be for its sole use in regard to the buses procured under this Contract and for no other purpose. 2.5.5 INTERCHANGEABILITY Unless otherwise agreed, all units and components procured under this Contract, whether provided by suppliers or manufactured by the Contractor, shall be duplicates in design, manufacture, and installation to assure interchangeability among buses in this procurement. This interchangeability shall extend to the individual components as well as to their locations in the buses. General Contractual Provisions 78 10/18/07
Standard Bus Procurement Guidelines 2.5.6 SURVIVABILITY Contractor's obligations under this section 2.5 shall survive the nominal expiration or discharge of other Contract obligations and Procuring Agency may obtain any remedy under law, Contract or equity to enforce the obligations of contractor that survive the manufacturing, warranty, and final payment periods. 2.6 AUDIT AND INSPECTION OF RECORDS NOTE: There are three different kinds of audit requirements: pre- and post-award reviews for compliance with Buy America, reviews to ensure specification compliance, and financial audits. Financial audits are necessary for reimbursable contracts, sole source, change orders and sometimes as the means to establish financial responsibility of an Offeror. The following will not deal with audits for compliance with Buy America or the Contract specification. Also, pre-award audits of financial responsibility should be treated as part of the procurement procedures. Bus procurements are generally never reimbursable Contracts; therefore, the following deals only with the Procuring Agency's audit rights in regard to sole source, single Offer and change orders. In accordance with 49 C.F.R. § 18.36(i), 49 C.F.R. § 19.48(d), and 49 U.S.C. § 5325(a), provided the Procuring Agency is the FTA Recipient or a subgrantee of the FTA Recipient, the Contractor agrees to provide the Procuring Agency, FTA, the Comptroller General of the United States, the Secretary of the U.S. Department of Transportation, or any of their duly authorized representatives access to any books documents, papers, and records of the Contractor which are directly pertinent to or relate to this Contract (1) for the purpose of making audits, examinations, excerpts, and transcriptions and (2) when conducting an audit and inspection. A. In the event of a sole source Contract, or single Offer, single responsive Offer, or competitive negotiated procurement the Contractor shall maintain and the Contracting Officer, the U.S. Department of Transportation (if applicable), or the representatives thereof, shall have the right to examine all books, records, documents, and other cost and pricing data related to the Contract price, unless such pricing is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, or combinations thereof. Data related to the negotiation or performance of the contract shall be made available for the purpose of evaluating the accuracy, completeness, and currency of the cost or pricing data. The right of examination shall extend to all documents necessary for adequate evaluation of the cost or pricing data, along with the computations and projections used therein, including review of accounting principles and practices that reflect properly all direct and indirect costs anticipated for the performance of the Contract. B. For Contract modifications or change orders the Contracting Officer, the U.S. Department of Transportation (if applicable), or their representatives shall have the right to examine all books, records, documents, and other cost and pricing data related to a Contract modification, unless such pricing is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, or combinations thereof. Data related to the negotiation or performance of the Contract modification or change order shall be made available for the purpose of evaluating the accuracy, completeness, General Contractual Provisions 79 10/18/07
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<strong>Standard</strong> <strong>Bus</strong> <strong>Procurement</strong> <strong>Guidelines</strong><br />
problems within the scope of the specifications that may arise during the warranty period. This does<br />
not relieve the Contractor of responsibilities under Part 4: Warranty Provisions.<br />
2.5.3 DOCUMENTS<br />
The Contractor shall provide (Procuring Agent to insert number and specify any additional<br />
documentation requirements) current maintenance manual(s), (number) current parts manual(s), and<br />
(number) standard operator's manual(s) as part of this Contract. The Contractor shall keep<br />
maintenance manuals available for a period of three years after the date of acceptance of the buses<br />
procured under this Contract. The Contractor shall also exert its best efforts to keep maintenance<br />
manuals, operator manuals, and keep parts books up-to-date for a period of 15 (fifteen) years. The<br />
supplied maintenance and operator's manuals shall incorporate all equipment ordered on the buses<br />
covered by this procurement.<br />
2.5.4 PARTS AVAILABILITY GUARANTY<br />
The Contractor hereby guarantees to provide, within reasonable periods of time, the spare parts,<br />
software and all equipment necessary to maintain and repair the buses supplied under this Contract<br />
for a period of at least 15 (fifteen) years after the date of acceptance. Parts shall be interchangeable<br />
with the original equipment and be manufactured in accordance with the quality assurance provisions<br />
of this Contract. Prices shall not exceed the Contractor's then current published catalog prices.<br />
Where the parts ordered by the Procuring Agency are not received within two working days of the<br />
agreed upon time/date and a bus procured under this Contract is out-of-service due to the lack of said<br />
ordered parts, then the Contractor shall provide the Procuring Agency, within eight hours of the<br />
Procuring Agency's verbal or written request, the original suppliers' and/or manufacturers' parts<br />
numbers, <strong>com</strong>pany names, addresses, telephone numbers and contact persons' names for all of the<br />
specific parts not received by the Procuring Agency.<br />
Where the Contractor fails to honor this parts guaranty or parts ordered by the Procuring Agency are<br />
not received within 30 (thirty) days of the agreed upon delivery date, then the Contractor shall<br />
provide to Procuring Agency, within 7 (seven) days of the Procuring Agency's verbal or written<br />
request, the design and manufacturing documentation for those parts manufactured by the Contractor<br />
and the original suppliers' and/or manufacturers' parts numbers, <strong>com</strong>pany names, addresses,<br />
telephone numbers and contact persons' names for all of the specific parts not received by the<br />
Procuring Agency. Contractor's design and manufacturing documentation provided to the Procuring<br />
Agency shall be for its sole use in regard to the buses procured under this Contract and for no other<br />
purpose.<br />
2.5.5 INTERCHANGEABILITY<br />
Unless otherwise agreed, all units and <strong>com</strong>ponents procured under this Contract, whether provided by<br />
suppliers or manufactured by the Contractor, shall be duplicates in design, manufacture, and<br />
installation to assure interchangeability among buses in this procurement. This interchangeability<br />
shall extend to the individual <strong>com</strong>ponents as well as to their locations in the buses.<br />
General Contractual Provisions 78 10/18/07
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