PROG ID: POCNBK3A STATE OF ALABAMA DATE: 05/28/08 DEPARTMENT OF FINANCE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD FTA STANDARD VAN 15 PASSENGER CONTRACT T-NUMBER....... : T898 USAGE.......... : STATEWIDE CONTRACT PERIOD......... : APRIL 9, 2004 TO APRIL 9, 2009 SOLICITATION NO : 2131584 CONTRACT BUYER...... : ROGER MCKEAN BUYER PHONE.. : (334) 242-7256 PURCHASING NUMBER......... : (334) 242-7250 FAX NUMBER... : (334) 242-4419 DATE PRINTED. : 05/28/08 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 2 FAMILIARIZE YOURSELF WITH THIS CONTRACT AND THE TERMS AND CONDITIONS REGARDING THE RESPONSIBILITIES OF THE STATE AND THE VENDORS. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IT IS THE RESPONSIBILITY OF THE ORDERING AGENCY TO MAKE SURE THAT * * ALL OF THE INFORMATION SUBMITTED ON THEIR REQUISITION IS CORRECT. * * ALWAYS BE SURE TO RECHECK YOUR COMMODITY NUMBERS. AS SOON AS YOUR * * PURCHASE ORDER ARRIVES, CHECK IT FOR ACCURACY. IF THERE ARE ANY * * DISCREPANCIES, PLEASE NOTIFY THE VENDOR FIRST, THEN CONTACT THE * * BUYER LISTED ON THE FRONT OF THIS CONTRACT AS SOON AS POSSIBLE. * * IN MOST INSTANCES, PROBLEMS CAN BE CORRECTED. * * * * COMPLAINTS MUST BE DOCUMENTED & SUBMITTED TO THE BUYER IN WRITING.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SOLICITATION NUMBER : 2131584 PERFORMANCE GUARANTEE: $50,000.00 (FIFTY THOUSAND DOLLARS) THE VENDOR WILL FURNISH WITHIN TEN (10) STATE WORKING DAYS AFTER NOTIFICATION OF AWARD A PERFORMANCE SECURITY IN THE AMOUNT OF $50,000.00 AS A GUARANTEE TO PROVIDE GOODS OR SERVICES AS SPECIFIED IN THE BID. THE GUARANTEE SHALL BE ONE OF THE FOLLOWING: CASHIER'S CHECK, OTHER TYPE BANK CERTIFIED CHECK (PERSONAL OR COMPANY CHECKS NOT ACCEPTABLE), MONEY ORDER, AN IRREVOCABLE LETTER OF CREDIT, OR SURETY BOND ISSUED BY A COMPANY AUTHORIZED TO DO BUSINESS WITHIN THE STATE OF ALABAMA. THE DIRECTOR OF THE DEPARTMENT OF FINANCE, OR HIS DESIGNEE SHALL BE THE CUSTODIAN OF THE PERFORMANCE GUARANTEE. THE PERFORMANCE GUARANTEE SHALL REFERENCE THIS BID AND SHALL BE PAYABLE TO DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 3 THE STATE OF ALABAMA. ALABAMA DEPARTMENT OF TRANSPORTATION TERMS AND CONDITIONS PART A ====== PREMILIMINARY: 1. THIS IS TO ESTABLISH A CONTRACT FOR PUBLIC TRANSPORTATION VEHICLES THAT WILL BE USED BY THE STATE OF ALABAMA AND ITS RESPECTIVE AGENCIES AND POLITICAL SUBDIVISIONS. 2. THIS IS A REQUIREMENTS CONTRACT, WITH ADDITIONAL PROVISIONS FOR PURCHASES BY ENTITIES OTHER THAN THE AGENCY, AS DESCRIBED BELOW. THE AGENCY REQUIRES VEHICLES IN THE CONFIGURATION DESCRIBED FOR ITS OWN USE, THAT OF OTHER ALABAMA STATE AGENCIES, AND THAT OF ALABAMA LOCAL GOVERNMENTS. THE ESTIMATES OF REQUIRED QUANTITIES IS NOT A REPRESENTATION THAT THOSE ESTIMATED QUANTITIES WILL ACTUALLY BE REQUIRED OR PURCHASED, OR THAT CONDITIONS AFFECTING REQUIREMENTS WILL BE STABLE OR NORMAL. THE ESTIMATED QUANTITIES ARE THE AGENCY'S BEST ESTIMATE ONLY. THE AGENCY WILL PURCHASE ALL OF ITS REQUIREMENTS (INCLUDING THOSE TO BE PROVIDED TO OTHER ALABAMA STATE AGENCIES AND ALABAMA LOCAL GOVERNMENTS ON WHOSE BEHALF THE AGENCY PURCHASES VEHICLES) FOR THE TYPE OF VEHICLES IN THE CONFIGURATIONS DESCRIBED FOR A PERIOD ON ONE YEAR FROM THE DATE OF THIS CONTRACT. THIS CONTRACT PROVIDES FOR TWO OPTION PERIODS, EACH ONE YEAR IN DURATION. IF EXERCISED, THE AGENCY WILL PURCHASE ALL OF ITS REQUIREMENTS DURING THOSE PERIODS AS DESCRIBED ABOVE AND UNDER THE TERMS AND CONDITIONS DESCRIBED ELSEWHERE IN THE CONTRACT. SUBSEQUENT CONTRACTS ARE DEPENDANT ON SATISFACTORY SERVICE OF THE ORIGINAL CONTRACT TO INCLUDE, BUT NOT BE EXCLUSIVE OF, EVALUATION OF THE POST DELIVERY SURVEY, AND IF AGREED UPON BY BOTH PARTIES. ADDITIONALLY, THE CONTRACT PROVIDES THE INDEPENDENT CITIES NOT UNDER ALDOT JURISDICTION, THE AUTHORITY BUT NOT THE OBLIGATION TO PURCHASE LIKE VEHICLES AT THE PRICES EXPRESSED AND SUBJECT TO THE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 4 TERMS AND CONDITIONS HEREIN BY PLACING PURCHASE ORDERS WITH THE CONTRACTOR(S) WITHOUT THE INTERVENTION OF THE AGENCY. THE INDEPENDENT CITIES ARE NOT AUTHORIZED TO ALTER THE TERMS AND CONDITIONS OF THIS CONTRACT WITHOUT THE WRITTEN CONSENT OF THE AGENCY, ACTING THROUGH ITS CONTRACTING OFFICER. THE AUTHORITY OF THE INDEPENDENT CITIES TO PURCHASE VEHICLES THROUGH THIS CONTRACT SHALL BE CO-EXTENSIVE WITH THE TERM OF THE CONTRACT ITSELF (I.E., EXERCISE OF ANY OPTION PERIOD BY THE AGENCY WILL LIKEWISE EXTEND THE INDEPENDENT CITIES' AUTHORITY TO PURCHASE VEHICLES). ORDERS WILL BE PLACED AS THE AGENCIES HAVE NEEDS. SUCH ORDERS WILL GIVE COMPLETE BILLING AND SHIPPING INSTRUCTIONS AND ADDRESS. BY THE SUBMISSION OF A BID THE BIDDER ACKNOWLEDGES AND ACCEPTS THESE FACTS AND CONDITIONS. 3. THE CONTRACT PERIOD SHALL BE FROM THE DATE OF THE CONTRACT AWARD THROUGH THE CURRENT CHASSIS MODEL PRODUCTION YEAR WITH AN OPTION TO ISSUE A SECOND AND THIRD CONTRACT WITH THE SAME PRICING, TERMS AND CONDITIONS AND AGREEMENT BY BOTH PARTIES FOR THE SECOND AND THIRD CHASSIS PRODUCTION YEARS. ANY REBATES/INCENTIVES OFFERED BY THE MANUFACTURER AFTER THE BIDS HAVE BEEN OPENED WILL BE PASSED TO THE STATE, ITS AGENCIES/POLITICAL SUBDIVISIONS. A CHASSIS MODEL PRICE INCREASE WILL BE CONSIDERED WHEN A MODEL YEAR CHANGE IS SPECIFIC TO THE AUTOMOTIVE INDUSTRY. THE VENDOR MUST PROVIDE WITH THE BID A COPY OF THE INVOICE (ATTACHMENT A) FROM THE CHASSIS MANUFACTURER TO THE BODY MANUFACTURER INDICATING THE CURRENT CHASSIS MODEL PRICE AT THE TIME OF THE BID TO BE USED IN EVALUATING FUTURE CHASSIS PRICE INCREASES. THE VENDOR SHALL PROVIDE A CERTIFICATION FROM THE CHASSIS MANUFACTURER WITH EACH CONTRACT EXTENSION TO JUSTIFY THE CHASSIS MODEL INCREASE. THE PRICE MAY BE ADJUSTED ONLY IN THE SAME AMOUNT AS THE PRICE INCREASE TO THE CONTRACT VENDOR AND BE OF A NATURE THAT COULD NOT HAVE BEEN REASONABLY INCLUDED IN THE COST IN THE ORIGINAL BID. THE VENDOR MUST SUBMIT THE REQUEST AND ALL NECESSARY DOCUMENTATION ALONG WITH THE RESPONSE FOR CONTRACT RENEWAL. APPROVAL OF ANY SUCH INCREASE WILL BE AT THE STATES DISCRETION. 4. THE VENDOR MUST ADVISE THE DIVISION OF PURCHASING AND THE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 5 DEPARTMENT OF TRANSPORTATION OF THE DATE WHICH MANUFACTURER(S) WILL NOT ACCEPT ORDERS FOR PRODUCTION. THIS INFORMATION MUST BE FORWARDED, IN WRITING, ON THE SAME DAY RECEIVED AND THE SUCCESSFUL VENDOR MUST ACCEPT ALL ORDERS FOR DELIVERY UNTIL 12:00 NOON OF THE PRECEDING DAY. 5. ALL VEHICLES WILL COME EQUIPPED WITH ALL STANDARD EQUIPMENT AND ACCESSORIES PLUS ACCESSORIES AS SHOWN AND ALL EQUIPMENT WILL BE FACTORY INSTALLED UNLESS OTHERWISE INDICATED AND AUTHORIZED. 6. ALL UNLISTED MANUFACTURERS ACCESSORIES SHALL BE PRICED AT DEALER NET/NET COST. 7. ALL TITLE FEES ARE TO BE PAID BY VENDOR. 8. WARRANTY CARD AND SERVICE POLICY MUST ACCOMPANY VEHICLE WHEN DELIVERED AND VEHICLE MUST BE SERVICED AND READY FOR USE. 9. ALL VEHICLES ORDERED WILL BE DELIVERED F.O.B. DESTINATION. F.O.B. DESTINATION MEANS, DELIVERED IN SHOWROOM CONDITION TO THE RECEIVING AREA OF ANY STATE OR LOCAL GOVERNMENT AGENCY WITH ALL CHARGES FOR TRANSPORTATION PREPAID BY THE VENDOR. VEHICLES PROCURED BY THE ALABAMA DEPARTMENT OF TRANSPORTATION FOR OTHER/END USERS WILL BE DELIVERED TO ALDOT, INSPECTED AND APPROVED FOR PAYMENT BY ALDOT STAFF. HOWEVER, APPLICATION FOR TITLE WILL BE MADE BY THE END USER. 10. NO ORDER MAY BE ASSIGNED, SUBLET, OR TRANSFERRED WITHOUT THE WRITTEN CONSENT OF THE ALABAMA DOT AND THE STATE PURCHASING DIRECTOR. 11. THE STATE D.O.T. RESERVES THE RIGHT TO INSPECT, AT THE MANUFACTURERS SITE, IN ACCORDANCE WITH FEDERAL REGULATION 49 CFR PART 663 PRE-AWARD AND POST-DELIVERY AUDIT THE FIRST VEHICLE, OR ANY SUBSEQUENT VEHICLE OR VEHICLES, PRODUCED IN CONFORMANCE WITH THESE SPECIFICATIONS BY RECIPIENT AGENCY. THE INSPECTION MAY BE PERFORMED AT THE PLACE OF MANUFACTURER (OR CONVERSION) OF THE VEHICLE AT ANY STAGE OF PRODUCTION, IF THE D.O.T. DESIRES TO EXERCISE THIS OPTION; OR MAY BE PERFORMED AT THE VENDOR'S PLACE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 6 OF BUSINESS. THE MANUFACTURER SHALL GIVE ALL NEEDED ASSISTANCE TO THE D.O.T. OR END USER PERSONNEL IN THE PERFORMANCE OF THIS INSPECTION. THE INSPECTION, IF MADE, WILL BE IN DETAIL BY DESIGNATED PERSONNEL AND MAY INVOLVE MODIFICATIONS, ADDITIONS, AND/OR DELETIONS FOR THE PURPOSE OF COMPLYING WITH THE SPECIFICATIONS, FOR THE VEHICLE AND ALL OTHER LIKE VEHICLES BEFORE THE VEHICLE(S) WILL BE ACCEPTED AND PAYMENT AUTHORIZED. ALSO, ANY DELIVERED VEHICLE NOT CONFORMING TO THE SPECIFICATIONS CAN BE REJECTED AND CORRECTIONS REQUIRED; OR THE PRODUCTION OR A NEW VEHICLE MEETING THE SPECIFICATIONS MAY BE REQUIRED, BEFORE THE VEHICLE WILL BE ACCEPTED AND PAYMENT AUTHORIZED. 12. INVOICES ARE TO BE MAILED TO THE ADDRESS SHOWN ON THE INDIVIDUAL ORDER. AFTER THE VEHICLE HAS BEEN RECEIVED AND INVOICES SUBMITTED TO THE APPROPRIATE AGENCY, IT SHALL BE THE RESPONSIBILITY OF THAT AGENCY TO MAKE PAYMENT. ANY QUESTIONS CONCERNING PAYMENT SHOULD BE ADDRESSED TO THE AGENCY AS SHOWN IN THE "BILL TO" OR "SHIP TO" ADDRESS ON THE ORDER. 13. PENALTY FOR LATE DELIVERY: FAILURE TO MAKE DELIVERY WITHIN THE AGREED DELIVERY TIME WILL RESULT IN THE ASSESSMENT OF LIQUIDATED DAMAGES, TO ACCRUE AT A RATE OF $150 PER CALENDAR DAY ON EACH VEHICLE. THE DAMAGES SHALL ACCRUE FROM A MINIMUM OF ONE DAY AND IS NOT TO EXCEED A MAXIMUM AMOUNT EQUAL TO THE TOTAL COST OF THE VEHICLE. ALL DAMAGES WILL BE TO THE END USER. AN EXCEPTION MAY BE ALLOWED IF THE VENDOR CAN DOCUMENT UNAVOIDABLE/UNFORSEEN PROBLEMS WITH CHASSIS DELIVERY TO THE MANUFACTURER. 14. BUS TESTING REPORT: PRIOR TO AWARD OF THE CONTRACT, THE VENDOR WILL FURNISH A COPY OF THE BUS TESTING REPORT FOR ALL VEHICLES REQUIRED TO BE TESTED UNDER 49 CFR PART 665- BUS TESTING. 15. THE VENDOR MUST BE FAMILIAR AND COMPLY WITH ALL FEDERAL REGULATIONS RELATIVE TO THE MANUFACTURING, PRODUCTION, CONVERSION, OR SALE OF VEHICLES FOR TRANSIT USE. 16. THE VENDOR MUST SUBMIT DOCUMENTATION THAT THE MANUFACTURER FULLY MEETS OEM CHASSIS MANUFACTURER REQUIREMENTS AS THEY RELATE TO THE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 7 QUALITY VEHICLE MANUFACTURER (QVM) PROGRAM, (ATTACHMENT B). 17. THE STATE WILL AWARD TO THE MOST QUALIFIED BIDDER AS WELL AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. THE VENDOR'S ABILITY TO MEET PRODUCTION SCHEDULES; DELIVERY SCHEDULES, TERMS, AND DATES; QUALITY OF THE PRODUCT(S) TO BE SUPPLIED; COMFORMITY WITH SPECIFICATIONS; THE PURPOSES FOR WHICH REQUIRED; BASE PRICE, OPTIONS/ACCESSORIES, FAILURES AS NOTED IN THE ALTOONA BUS TEST REPORT AS APPLICABLE; AND VENDOR'S ABILITY TO SERVICE THE CONTRACT; WILL BE TAKEN INTO CONSIDERATION IN THE EVALUATION OF THE BID. 18. ONE COPY OF DETAILED IN-PLANT QUALITY ASSURANCE PROCEDURES IS REQUIRED WITH THE BID, (ATTACHMENT C). THE IN-PLANT QUALITY CONTROL PROCEDURES SHALL INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING ELEMENTS: EACH PHASE, DEPARTMENT, STEP, STATION, ETC. OF THE MANUFACTURING/PRODUCTION PROCESS MUST HAVE A CHECKLIST FOR SUCH PHASE, DEPARTMENT, STEP, ETC. SHALL INSPECT FOR QUALITY CONTROL, FUNCTION, SPECIFICATIONS COMPLIANCE, AND ANY APPLICABLE QUALITY VEHICLE MANUFACTURER (QVM) REQUIREMENT PRIOR TO THE VEHICLE BEING ADVANCED THROUGH THE PRODUCTION LINE. SUCH INSPECTIONS MUST INCLUDE ANY/ALL APPLICABLE QVM REQUIREMENTS. INSPECTIONS MUST INCLUDE BUT ARE NOT LIMITED TO EG; CHASSIS, SUSPENSION, BODY, FLOORING, SEATING, ETC. QUALITY CONTROL PROCEDURES MUST ALSO INCLUDE A ROAD TEST AND A FINAL INSPECTION. EACH VEHICLE MUST PASS ALL INSPECTIONS PRIOR TO DELIVERY. SAMPLES OF ALL INSPECTION FORMS MUST BE ATTACHED AND WILL BE EVALUATED IN DETERMINING A RESPONSIVE BID. 19. EACH BIDDER MUST SUBMIT WITH EACH BID, DOCUMENTATION REGARDING THE QUALIFICATIONS AND ABILITY OF THE BIDDER TO ADMINISTER SIMILAR STATEWIDE VEHICLE CONTRACTS (ATTACHMENT D). SUCH DOCUMENTATION SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: A. BIDDER SHALL PROVIDE A LIST OF MOST RECENT REFERENCE TO INCLUDE NAME, ADDRESS, TELEPHONE, AND NUMBER AND TYPE OF VEHICLES DELIVERED. B. DOCUMENTATION PROVING THE BIDDER'S CAPABILITY TO DELIVER AND DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 8 SERVICE ALL VEHICLES IN THEIR ENTIRETY, INCLUDING TOWING, SOLD UNDER THIS CONTRACT. SUCH CAPABILITY MUST INCLUDE SERVICE VEHICLES, REPAIR FACILITY AND/OR SUB-CONTRACTED REPAIR FACILITY TO SERVICE THE ENTIRE STATE IN A TIMELY MANNER. BIDDER MUST HAVE EXPERIENCE IN STATEWIDE SALES, DELIVERY AND SERVICE OF VEHICLES ADEQUATELY DOCUMENTING THE BIDDER'S ABILITY TO FULFILL THE REQUIREMENTS OF THIS CONTRACT. THE INFORMATION PROVIDED WILL BE USED IN EVALUATION OF THE BID TO DETERMINE THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER. ANY ADDITIONAL INFORMATION NEEDED TO COMPLETE THE EVALUATION MUST BE PROVIDED BY THE VENDOR WITHIN TEN (10) CALENDAR DAYS FROM BIDDER'S RECEIPT OF REQUEST. C. MUST HAVE ADEQUATE ENGINEERING/SERVICE PERSONNEL, OR THE CAPABILITY TO HAVE SUCH PERSONNEL, TO SATISFY ANY ENGINEERING OR SERVICE PROBLEMS THAT MAY ARISE DURING THE WARRANTY PERIOD. D. HAVE ADEQUATE WORKING CAPITAL TO FINANCE AND FLOORPLAN SUCH STATEWIDE CONTRACT. E. MUST HAVE THE CAPABILITY TO ASSURE DELIVERY OF ALL EQUIPMENT WITHIN THE TIME SPECIFIED UNDER SUCH CONTRACT. 20. BIDDER MUST COMPLY WITH ALL SPECIFICATIONS IN ORDER FOR BID TO BE CONSIDERED RESPONSIVE. BASIC GENERAL TECHNICAL SPECIFICATIONS PUBLISHED BY THE MANUFACTURER WILL NOT BE ACCEPTED. BIDDERS MUST SUBMIT WITH THE BID A DETAILED DESCRIPTION OF ALL ACCESSORIES AND EQUIPMENT INCLUDED IN THE BID (ATTACHMENT E). ALL ACCESSORIES DESCRIBED MUST MEET OR EXCEED LISTED SPECIFICATIONS. FAILURE TO INCLUDE OR SUBMIT SUCH ITEMS WILL RENDER THE BID NON- RESPONSIVE AND BID WILL BE REJECTED. ANY DEVIATION FROM REQUIRED SPECIFICATIONS DISCOVERED UPON DELIVERY OF ANY CONTRACT VEHICLE WILL RESULT IN THE FOLLOWING: 1) VENDOR WILL TAKE DELIVERED VEHICLE BACK AT HIS EXPENSE 2) OUTSTANDING P.O. FOR VEHICLES NOT YET MANUFACTURED/DELIVERED WILL BE CANCELLED 3) THE CONTRACT WILL BE CANCELLED EFFECTIVE IMMEDIATELY 4) ANY FURTHER ACTION AGAINST THE VENDOR WILL BE DETERMINED BY DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 9 THE PURCHASING DIRECTOR 21. IF FALSE OR MIS-INFORMATION IS PROVIDED IN THE BID, IT SHALL RESULT IN THE INVALIDATION OF THE BID AND/OR SUBSEQUENT CONTRACT, AND SUCH MANUFACTURER/VENDOR WILL BE PROHIBITED FROM BIDDING FOR A PERIOD NOT LESS THAN THREE YEARS, AND/OR THE NEXT BIDDING CYCLE. PART B ====== B I D D E R C E R T I F I C A T I O N (ATTACHMENT F) THE FOLLOWING CERTIFICATIONS ARE REQUIRED BY FEDERAL OR STATE REGULATIONS AND MUST BE COMPLETED FOR EACH BID. FAILURE TO COMPLETE THESE CERTIFICATIONS MAY RESULT IN THE DISQUALIFICATIONS OF THE BID. CERTAIN CERTIFICATIONS MAY BE TEMPORARILY WAIVED IF SUFFICIENT WRITTEN JUSTIFICATION IS PROVIDED. 1. COMPTROLLER GENERAL'S LIST "I HEREBY CERTIFY AS BIDDER THAT THE PERSON/FIRM SUBMITTING THIS BID IS NOT INCLUDED ON THE U.S. COMPTROLLER GENERAL'S CONSOLIDATED LIST OF PERSONS OR FIRMS CURRENTLY DEBARRED FOR VIOLATIONS OF VARIOUS PUBLIC CONTRACTS INCORPORATING LABOR STANDARDS PROVISIONS." 2. FEDERAL POLLUTION CONTROL STANDARDS "I HEREBY CERTIFY AS BIDDER THAT ALL APPLICABLE FEDERAL POLLUTION CONTROL STANDARDS WILL BE MET. VERIFICATION WILL BE IMPRINTED OR OTHERWISE ATTACHED TO THE VEHICLE." 3. FEDERAL MOTOR VEHICLE SAFETY STANDSRDS "I HEREBY CERTIFY AS BIDDER THAT ALL APPLICABLE MOTOR VEHICLE SAFETY STANDARDS WILL BE MET. VERIFICATION WILL ACCOMPANY THE VEHICLE." 4. NON-COLLUSION DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 10 "I HEREBY CERTIFY AS BIDDER THAT THIS BID WAS NOT MADE IN THE INTREST OF OR ON BEHALF OF ANY UNDISCLOSED PERSON, PARTNERSHIP, COMPANY, ORGANIZATION, OR CORPORATION: THAT SUCH BID IS GENUINE AND NOT COLLUSIVE OR SHAM, AND THAT SAID BIDDER HAS NOT BEEN A PARTY OF ANY AGREEMENT TO BID FIXED AMOUNT OR TO REFRAIN FROM BIDDING AND HAS NOT, DIRECTLY OR INDIRECTLY, BY AGREEMENT, COMMUNICATION OR CONFERENCE WITH ANYONE ATTEMPTED TO INDUCE ACTION PREJUDICIAL TO THE INTERESTS OF THE RECIPIENT OF THIS BID OR OF ANY BIDDER OR ANYONE ELSE INTERESTED IN THE PROPOSED CONTRACT." 5. SPECIFICATION COMPLIANCE ALL SPECIFICATIONS MUST MEET OR EXCEED ALL SPECIFICATIONS AS STATED. ANY AND ALL VARIATIONS WHICH DO NOT MEET OR THAT EXCEED LISTED SPECIFICATIONS MUST BE EXPRESSLY STATED ON THE BID FORM. "I HEREBY CERTIFY AS BIDDER THAT VEHICLE/EQUIPMENT BID WILL MEET OR EXCEED ALL SPECIFICATIONS AS LISTED." 6. ENERGY CONSERVATION REQUIREMENTS "I HEREBY CERTIFY AS BIDDER THAT THE MANUFACTURER/DEALER AGREES TO COMPLY WITH MANDATORY STANDARDS AND POLICIES RELATING TO ENERGY EFFICIENCY WHICH ARE CONTAINED IN THE STATE ENERGY CONSERVATION PLAN ISSUED IN COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT." 7. CLEAN WATER REQUIREMENTS 1) THE MANUFACTURER/DEALER AGREES TO COMPLY WITH ALL APPLICABLE STANDARDS, ORDERS OR REGULATIONS ISSUED PURSUANT TO THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED, 33 U.S.C. 1251 ET SEQ. THE MANUFACTURER/DEALER AGREES TO REPORT EACH VIOLATION TO THE PURCHASER AND UNDERSTANDS AND AGREES THAT THE PURCHASER WILL, IN TURN, REPORT EACH VIOLATION AS REQUIRED TO ASSURE NOTIFICATION TO FTA AND THE APPROPRIATE EPA REGIONAL OFFICE. 2) THE MANUFACTURER/DEALER ALSO AGREES TO INCLUDE THESE REQUIREMENTS IN EACH SUBCONTRACT EXCEEDING $100,000 FINANCED IN WHOLE OR IN PART WITH FEDERAL ASSISTANCE PROVIDED BY FTA." 8. CLEAN AIR REQUIREMENTS 1) THE MANUFACTURER/DEALER AGREES TO COMPLY WITH ALL APPLICABLE STANDARDS, ORDERS OR REGULATIONS ISSUED PURSUANT TO THE CLEAN AIR DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 11 ACT, AS AMENDED, 42 U.S.C. 7401 ET SEQ. THE MANUFACTURER/DEALER AGREES TO REPORT EACH VIOLATION TO THE PURCHASER AND UNDERSTANDS AND AGREES THAT THE PURCHASERS WILL, IN TURN, REPORT EACH VIOLATION AS REQUIRED TO ASSURE NOTIFICATION TO FTA AND THE APPROPRIATE EPA REGIONAL OFFICE. 2) THE MANUFACTURER/DEALER ALSO AGREES TO INCLUDE THESE REQUIREMENTS IN EACH SUBCONTRACT EXCEEDING $100,000 FINANCED IN WHOLE OR IN PART WITH FEDERAL ASSISTANCE PROVIDED BY FTA. 9. FEDERAL CHANGES THE CONTRACTOR SHALL AT ALL TIMES COMPLY WITH ALL APPLICABLE FTA REGULATIONS, POLICIES, PROCEDURES, AND DIRECTIVES, INCLUDING WITHOUT LIMITATION THOSE LISTED DIRECTLY OR BY REFERENCE IN THE AGREEMENT BETWEEN PURCHASER AND FTA, AS THEY MAY BE AMENDED OR PROMULGATED FROM TIME TO TIME DURING THE TERM OF THIS CONTRACT. CONTRACTOR'S FAILURE TO SO COMPLY SHALL CONSTITUTE A MATERIAL BREACH OF THIS CONTRACT. 10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS-NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PART OF THE CONTRACT WORK WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY SUCH LABORER OR MECHANIC IN ANY WORK WEEK IN WHICH HE OR SHE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF FORTY (40) HOURS IN ANY SUCH WORK WEEK UNLESS SUCH LABORER OR MACHANIC RECEIVES COMPENSATION AT A RATE OF NOT LESS THAN ONE AND ONE-HALF TIMES THE BASIC RATE OF PAY FOR ALL HOURS WORKED IN EXCESS OF FORTY (40) HOURS IN SUCH WORK WEEK. PAYROLLS AND BASIC RECORDS - PAYROLLS AND BASIC RECORDS RELATING THERETO SHALL BE MAINTAINED BY THE CONTRACTOR DURING THE COURSE OF THE WORK AND PRESERVED FOR A PERIOD OF THREE (3) YEARS THEREAFTER FOR ALL LABORERS AND MECHANICS WORKING AT THE SITE OF THE WORK. ALL RECORDS SHALL BE KEPT ACCORDING TO 1(B)(2)(B) OF THE DAVIS-BACON ACT. 11. NO GOVERNMENT OBLIGATION TO THIRD PARTIES THE PURCHASER AND CONTRACTOR ACKNOWLEDGES AND AGREE THAT, NOTWITHSTANDING ANY CONCURRENCE BY THE FEDERAL GOVERNMENT IN OR APPROVAL OF THE SOLICITATION OR AWARD OF THE UNDERLYING CONTRACT, ABSENT THE EXPRESS WRITTEN CONSENT BY THE FEDERAL GOVERNMENT, THE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 12 FEDERAL GOVERNMENT IS NOT A PARTY TO THIS CONTRACT AND SHALL NOT BE SUBJECT TO ANY OBLIGATIONS OR LIABILITIES TO THE PURCHASER, CONTRACTOR, OR ANY OTHER PARTY (WHETHER OR NOT A PARTY TO THAT CONTRACT PERTAINING TO ANY MATTER RESULTING FROM THE UNDERLYING CONTRACT). 12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS 1) THE CONTRACTOR ACKNOWLEDGES THAT THE PROVISIONS OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986, AS AMENDED, 31 U.S.C. SS SS 3801 ET SEQ. AND U.S. DOT REGULATIONS, "PROGRAM FRAUD CIVIL REMEDIES," 49 C.F.R. PART 31, APPLY TO ITS ACTIONS PERTAINING TO THIS PROJECT. UPON EXECUTION OF THE UNDERLYING CONTRACT, THE CONTRACTOR CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF ANY STATEMENT IT HAS MADE, IT MAKES, IT MAY MAKE, OR CAUSES TO BE MADE, PERTAINING TO THE UNDERLYING CONTRACT OR THE FTA ASSISTED PROJECT FOR WHICH THIS CONTRACT WORK IS BEING PERFORMED. IN ADDITION TO OTHER PENALTIES THAT MAY BE APPLICABLE, THE CONTRACTOR FURTHER ACKNOWLEDGES THAT IF IT MAKES, OR CAUSES TO BE MADE, A FALSE, FICTITIOUS, OR FRAUDULENT CLAIM, STATEMENT, SUBMISSION, OR CERTIFICATION, THE FEDERAL GOVERNMENT RESERVES THE RIGHT TO IMPOSE THE PENALTIES OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 ON THE CONTRACTOR TO THE EXTENT OF THE FEDERAL GOVERNMENT DEEMS APPROPRIATE. 2) THE CONTRACTOR ALSO ACKNOWLEDGES THAT IF IT MAKES, OR CAUSES TO BE MADE, A FALSE, FICTITIOUS, OR FRAUDULENT CLAIM, STATEMENT, SUBMISSION, OR CERTIFICATION TO THE FEDERAL GOVERNMENT UNDER A CONTRACT CONNECTED WITH A PROJECT THAT IS FINANCED IN WHOLE OR IN PART WITH FEDERAL ASSISTANCE ORIGINALLY AWARDED BY FTA UNDER THE AUTHORITY OF 49 U.S.C. SS 5307, THE GOVERNMENT RESERVES THE RIGHT TO IMPOSE THE PENALTIES OF 18 U.S.C. SS 1001 AND 49 U.S.C. SS 5307(N)(1) ON THE CONTRACTOR, TO THE EXTENT THE FEDERAL GOVERNMENT DEEMS APPROPRIATE. 3) THE CONTRACTOR AGREES TO INCLUDE THE ABOVE TWO CLAUSES IN EACH SUBCONTRACT FINANCED IN WHOLE OR IN PART WITH FEDERAL ASSISTANCE PROVIDED BY FTA. IT IS FURTHER AGREED THAT THE CLAUSES SHALL NOT BE MODIFIED, EXCEPT TO IDENTIFY THE SUBCONTRACTOR WHO WILL BE SUBJECT TO THE PROVISIONS. 13. TERMINATION DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 13 IF THE CONTRACTOR FAILS TO DELIVER SUPPLIES OR TO PERFORM THE SERVICES WITHIN THE TIME SPECIFIED IN THIS CONTRACT OR ANY EXTENSION OR IF THE CONTRACTOR FAILS TO COMPLY WITH ANY OTHER PROVISIONS OF THIS CONTRACT, THE (RECIPIENT) MAY TERMINATE THIS CONTRACT FOR DEFAULT. THE (RECIPIENT) SHALL TERMINATE BY DELIVERING TO THE CONTRACTOR A NOTICE OF TERMINATION SPECIFYING THE NATURE OF THE DEFAULT. THE CONTRACTOR WILL ONLY BE PAID THE CONTRACT PRICE FOR SUPPLIES DELIVERED AND ACCEPTED, OR SERVICES PERFORMED IN ACCORDANCE WITH THE MANNER OR PERFORMANCE SET FORTH IN THIS CONTRACT. 14. BREACHES AND DISPUTE RESOLUTIONS DISPUTES - DISPUTES ARISING IN THE PERFORMANCE OF THIS CONTRACT WHICH ARE NOT RESOLVED BY AGREEMENT OF THE PARTIES SHALL BE DECIDED IN WRITING BY THE AUTHORIZED REPRESENTATIVE OF (RECIPIENT'S) . THIS DECISION SHALL BE FINAL AND CONCLUSIVE UNLESS WITHIN TEN (10) DAYS FROM THE DATE OF RECEIPT OF ITS COPY, THE CONTRACTOR MAILS OR OTHERWISE FURNISHES A WRITTEN APPEAL TO THE DIRECTOR, ALABAMA DEPARTMENT OF FINANCE. IN CONNECTION WITH ANY SUCH APPEAL, THE CONTRACTOR SHALL BE AFFORDED AN OPPORTUNITY TO BE HEARD AND TO OFFER EVIDENCE IN SUPPORT OF ITS POSITION. THE DECISION OF THE DIRECTOR SHALL BE BINDING UPON THE CONTRACTOR AND THE CONTRACTOR SHALL ABIDE BY THE DECISION. PERFORMANCE DURING DISPUTE - UNLESS OTHERWIDE DIRECTED BY ALDOT, CONTRACTOR SHALL CONTINUE PERFORMANCE UNDER THIS CONTRACT WHILE MATTERS IN DISPUTE ARE BEING RESOLVED. CLAIMS FOR DAMAGES - SHOULD EITHER PARTY TO THE CONTRACT SUFFER INJURY OR DAMAGE TO PERSON OR PROPERTY BECAUSE OF ANY ACT OR OMISSION OF THE PARTY OR OF ANY OF HIS EMPLOYEES, AGENTS OR OTHERS FOR WHOSE ACTS HE IS LEGALLY LIABLE, A CLAIM FOR DAMAGES THEREFOR SHALL BE MADE IN WRITING TO SUCH OTHER PARTY WITHIN A REASONABLE TIME AFTER THE FIRST OBSERVANCE OF SUCH INJURY OF DAMAGE. REMEDIES - UNLESS THIS CONTRACT PROVIDES OTHERWISE, ALL CLAIMS, COUNTERCLAIMS, DISPUTES AND OTHER MATTERS IN QUESTION BETWEEN DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 14 ALDOT AND THE CONTRACTOR ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS BREACH WILL BE DECIDED BY ARBITRATION IF THE PARTIES MUTUALLY AGREE, OR IN A COURT OF COMPETENT JURISIDICTION WITHIN THE STATE IN WHICH ALDOT IS LOCATED. RIGHTS AND REMEDIES - THE DUTIES AND OBLIGATIONS IMPOSED BY THE CONTRACT DOCUMENTS AND THE RIGHTS AND REMEDIES AVAILABLE THEREUNDER SHALL BE IN ADDITION TO AND NOT A LIMITATION OF ANY DUTIES, OBLIGATIONS, RIGHTS AND REMEDIES OTHERWISE IMPOSED OR AVAILABLE BY LAW. NO ACTION OR FAILURE TO ACT BY THE (RECIPIENT), (ARCHITECT) OR CONTRACTOR SHALL CONSTITUTE A WAIVER OF ANY RIGHT OR DUTY AFFORDED ANY OF THEM UNDER THE CONTRACT, NOR SHALL ANY SUCH ACTION OR FAILURE TO ACT CONSTITUTE AN APPROVAL OF OR ACQUIESCENCE IN ANY BREACH THEREUNDER, EXCEPT AS MAY BE SPECIFICALLY AGREED IN WRITING. 15. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS THE PRECEDING PROVISIONS INCLUDE, IN PART, CERTAIN STANDARD TERMS AND CONDITIONS REQUIRED BY DOT, WHETHER OR NOT EXPRESSLY SET FORTH IN THE PRECEDING CONTRACT PROVISIONS. ALL CONTRACTUAL PROVISIONS REQUIRED BY DOT, AS SET FORTH IN FTA CIRCULAR 4220.1D, DATED APRIL 15, 1996, ARE HEREBY NOTWITHSTANDING, ALL FTA MANDATED TERMS SHALL BE DEEMED TO CONTROL IN THE EVENT OF A CONFLICT WITH OTHER PROVISIONS CONTAINED IN THIS AGREEMENT. THE CONTRACTOR SHALL NOT PERFORM ANY ACT, FAIL TO PERFORM ANY ACT, OR REFUSE TO COMPLY WITH ANY ALDOT REQUESTS WHICH WOULD CAUSE ALDOT TO BE IN VIOLATION OF THE FTA TERMS AND CONDITONS. 16. CIVIL RIGHTS THE FOLLOWING REQUIREMENTS APPLY TO THE UNDERLYING CONTRACT: 1) NONDISCRIMINATION - IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT, AS AMENDED, 42 U.S.C. SS 2000D, SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED, 42 U.S.C. SS 6102, SECTION 202 OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. SS 12132, AND FEDERAL TRANSIT LAW AT 49 U.S.C. SS 5332, THE CONTRACTOR AGREES THAT IT WILL NOT DISCRIMINATE AGAINST ANY DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 15 EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, CREED, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY. IN ADDITION, THE CONTRACTOR AGREES TO COMPLY WITH APPLICABLE FEDERAL IMPLENENTING REGULATIONS AND OTHER IMPLEMENTING REQUIREMENTS FTA MAY ISSUE. 2) EQUAL EMPLOYMENT OPPORTUNITY - THE FOLLOWING EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS APPLY TO THE UNDERLYING CONTRACT: A) RACE, COLOR, CREED, NATIONAL ORIGIN, SEX - IN ACCORDANCE WITH TITLE VII OF THE CIVIL RIGHTS ACT, AS AMENDED, 42 U.S.C. SS 2000E, AND FEDERAL TRANSIT LAWS AT 49 U.S.C. SS 5332, THE CONTRACTOR AGREES TO COMPLY WITH ALL APPLICABLE EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS OF U.S. DEPARTMENT OF LABOR (U.S. DOL) REGULATIONS, "OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARMENT OF LABOR," 41 C.F.R. PARTS 60 ET SEQ., (WHICH IMPLEMENT EXECUTIVE ORDER NO. 11246, "EQUAL EMPLOYMENT OPPORTUNITY," AS AMEDED BY EXECUTIVE ORDER NO. 11375, "AMENDING EXECUTIVE ORDER 11246 RELATING TO EQUAL EMPLOYMENT OPPORTUNITY," 42 U.S.C. SS 2000E NOTE), AND WITH ANY APPLICABLE FEDERAL STATUTES, EXECUTIVE ORDERS, REGULATIONS, AND FEDERAL POLICIES THAT MAY IN THE FUTURE AFFECT CONSTRUCTION ACTIVITIES UNDERTAKEN IN THE COURSE OF THE PROJECT. THE CONTRACTOR AGREES TO TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT, WITHOUT REGARD TO THEIR RACE, COLOR, CREED, NATIONAL ORIGIN, SEX OR AGE. SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION OR TRANSFER, RECRUITMENT OR RECRUITMENT ADVERTISING, LAYOFF OR TERMINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. IN ADDITION, THE CONTRACTOR AGREES TO COMPLY WITH ANY IMPLEMENTING REQUIREMENTS FTA MAY ISSUE. B) AGE - IN ACCORDANCE WITH SECTION 4 OF THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED, 29 U.S.C. SS SS 623 AND FEDERAL TRANSIT LAW AT 49 U.S.C. SS 5332, THE CONTRACTOR AGREES TO REFRAIN FROM DISCRIMINATION AGAINST PRESENT AND PROSPECTIVE EMPLOYEES FOR REASON OF AGE. IN ADDITION, THE CONTRACTOR AGREES TO COMPLY WITH ANY IMPLEMENTING REQUIREMENTS FTA MAY DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 16 ISSUE. C) DISABILITIES - IN ACCORDANCE WITH SECTION 102 OF THE AMERICANS WITH DISABILITIES ACT, AS AMENDED, 42 U.S.C. SS 12112, THE CONTRACTOR AGREES THAT IT WILL COMPLY WITH THE REQUIREMENTS OF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, "REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYEMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT," 29 C.F.R. PART 1630, PERTAINING TO EMPLOYMENT OF PERSONS WITH DISABILITIES. IN ADDITION, THE CONTRACTOR AGREES TO COMPLY WITH ANY IMPLEMENTING REQUIREMENTS FTA MAY ISSUE. 3) THE CONTRACTOR ALSO AGREES TO INCLUDE THESE REQUIREMENTS IN EACH SUBCONTRACT FINANCED IN WHOLE OR IN PART WITH FEDERAL ASSISTANCE PROVIDED BY FTA, MODIFIED ONLY IF NECESSARY TO IDENTIFY THE AFFECTED PARTIES. 17. STATE AND LOCAL LAW DISCLAIMER THE USE OF MANY OF THE FTA SUGGESTED CLAUSES ARE NOT GOVERNED BY FEDERAL LAW, BUT ARE SIGNIFICANTLY AFFECTED BY STATE LAW. THE LANGUAGE OF THE FTA SUGGESTED CLAUSES MAY NEED TO BE MODIFIED DEPENDING ON STATE LAW, AND THAT BEFORE THE SUGGESTED CLAUSES ARE USED IN THE VENDORS PROCUREMENT DOCUMENTS, THE VENDOR SHOULD CONSULT WITH THEIR LOCAL ATTORNEY. 18. CARGO PREFERENCE - USE OF UNITED STATES-FLAG VESSESL THE CONTRACTOR AGREES: A. TO USE PRIVATELY OWNED UNITED STATES- FLAG COMMERCIAL VESSELS TO SHIP AT LEAST 50 PERCENT OF THE GROSS TONNAGE (COMPUTED SEPARATELY FOR DRY BULK CARRIERS, DRY CARGO LINERS, AND TANKERS) INVOLVED, WHENEVER SHIPPING ANY EQUIPMENT, MATERIAL, OR COMMODITIES PURSUANT TO THE UNDERLYING CONTRACT TO THE EXTENT SUCH VESSELS ARE AVAILABLE AT FAIR AND REASONABLE RATES FOR UNITED STATES-FLAG COMMERCIAL VESSELS; B. TO FURNISH WITHIN 20 WORKING DAYS FOLLOWING THE DATE OF LOADING FOR SHIPMENTS ORIGINATING WITHIN THE UNITED STATES OR WITHIN 30 WORKING DAYS FOLLOWING THE DATE OF LEADING FOR SHIPMENTS ORIGINATING OUTSIDE THE UNITED STATED, A LEGIBLE COPY OF A RATED, "ON-BOARD" COMMERCIAL OCEAN BILL-OF-LADING IN ENGLISH FOR EACH SHIPMENT OF CARGO DESCRIBED IN THE PRECEDING PARAGRAPH TO THE DIVISION OF DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 17 NATIONAL CARGO, OFFICE OF MARKET DEVELOPMENT, MARITIME ADMINISTRATION, WASHINGTON, DC 20590 AND TO THE FTA RECIPIENT (THROUGH THE CONTRACTOR IN THE CASE OF A SUBCONTRACTOR'S BILL-OF- LADING). C. TO INCLUDE THESE REQUIREMENTS IN ALL SUBCONTRACTS ISSUED PURSUANT TO THIS CONTRACT WHEN THE SUBCONTRACT MAY INVOLVE THE TRANSPORT OF EQUIPMENT, MATERIAL, OR COMMODITIES BY OCEAN VESSEL. ACKNOWLEDGEMENT: "I CERTIFY THAT I HAVE READ, UNDERSTAND AND WILL COMPLY WITH ALL OR THE REQUIRED CERTIFICATIONS INCLUDING THE VEHICLE MANUFACTURERS DBE CERTIFICATION. I ALSO CERTIFY THAT ALL VEHICLE/EQUIPMENT BID WILL MEET AND COMPLY WITH ALL OF THE REQUIRED SPECIFICATIONS." BY:_________________________________________ (TYPED COMPLETE LEGAL NAME OF BIDDER) __________________________________________ (SIGNATURE OF AUTHORIZED REPRESENTATIVE) __________________________________________ (TYPED NAME OF AUTHORZED REPRESENTATIVE) NOTARY:_________________________________ SIGNATURE AND STAMP 19. BUY AMERICAN "I HEREBY CERTIFY AS BIDDER THAT ALL APPLICABLE BUY AMERICAN REQUIREMENTS WILL BE MET AS REFERENCED IN SECTION 165A OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 2982 P.L. 97-424 AND 49 CFR PART 661. AS REQUIRED BY TITLE 49 OF THE CFR, PART 663 (AS THE MANUFACTURER OR AUTHORIZED DEALER) DOES HEREBY CERTIFY THAT THE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 18 (MODEL, PASSENGER CAPACITY AND GENERAL DESCRIPTION) DOES MEET THE REQUIREMENTS OF SECTION 165(B)(3) OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 AS AMENDED AND SHALL PROVIDE DOCUMENTATION AS TO THE PROPOSED COMPONENT AND SUBCOMPONENT PARTS OF THE VEHICLE IDENTIFIED BY MANUFACTURER, COUNTRY OF ORIGIN AND COST, AND THE PROPOSED LOCATION OF THE FINAL ASSEMBLY POINT, INCLUDING A DESCRIPTION OF THE ACTIVITIES THAT WILL TAKE PLACE AT THE FINAL ASSEMBLY POINT, AND THE COST OF FINAL ASSEMBLY. DATE:__________________________ SIGNATURE:__________________________ TYPED NAME:__________________________ TITLE:__________________________ 20. BUS TESTING "I HEREBY CERTIFY AS BIDDER THAT ALL APPLICABLE REGULATIONS AND PROCEDURES REGARDING 49 CFR PART 665, BUS TESTING PROGRAM, HAVE BEEN MET. (EFFECTIVE DATE OR PROCEDURES, NOV. 08, 1990 AND ANY REVISIONS THERETO.) CERTIFICATION OF BUS TESTING THE VEHICLE BEING BID WAS TESTED AS A __________ YEAR, _______________ MILE VEHICLE. A COPY OF THE EXECUTIVE SUMMARY MUST BE ATTACHED TO THE BID (ATTACHMENT G). A COPY OF THE COMPLETE TEST RESULTS WILL BE FORWARDED AS SOON AS POSSIBLE AND BEFORE CONSTRUCTION OF THE PILOT MODEL. DATE:___________________________ SIGNATURE:___________________________ (AUTHORIZED REPRESENTATIVE) DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 19 TYPED NAME:___________________________ TITLE:___________________________ THE VEHICLE BEING BID IS EXEMPT FROM BUS TESTING. DATE:___________________________ SIGNATURE:___________________________ (AUTHORIZED REPRESENTATIVE) TYPED NAME:___________________________ TITLE:___________________________ * NOTE: IF VEHICLE BEING BID FAILS TO MEET BUS TESTING REQUIREMENTS OR FALSE INFORMATION IS PROVIDED, IT SHALL RESULT IN THE INVALIDATION OF THE BID AND/OR SUBSEQUENT CONTRACT, AND SUCH MANUFACTURER WILL BE PROHIBITED FROM BIDDING THE NEXT TIME SUCH VEHICLE TYPE IS BID. THE BIDDER MUST SUBMIT WITH THE BID, A CERTIFICATION FROM THE MANUFACTURER STATING THAT THE VEHICLE BID HAS BEEN PROPERLY TESTED IN THE APPROPORIATE CATEGORY OF TESTING (ATTACHMENT T). IF SUCH VEHICLE HAS A USEFUL LIFE LESS THAN THE LEVEL TESTED, THE BIDDER SHALL REIMBURSE THE END USER AN AMOUNT OF FUNDS EQUAL TO THE DEPRECIATED DIFFERENCE BETWEEN THE ACTUAL USEFUL LIFE OF THE VEHICLE AND THE TESTED LEVEL OF THE VEHICLE. TEST FAILURES OF SUCH TESTING REPORTS WILL BE CONSIDERED IN THE EVALUATION OF THE BID. 21. CERTIFICATION OF RESTRICTIONS ON LOBBYING I, ______________________________, HEREBY CERTIFY ON BEHALF OF ______________________________________________ THAT (NAME & TITLE OF AUTHORIZED OFFICIAL) DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 20 ______________________________________________ (NAME OF COMPANY) 1) NO FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID, BY OR ON BEHALF OF THE UNDERSIGNED, TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THE AWARDING OF ANY FEDERAL CONTRACT, THE MAKING OF ANY FEDERAL GRANT, THE MAKING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY COOPERATIVE AGREEMENT, AND THE EXTENSION, CONTINUATION, RENEWAL,