PROG ID: POCNBK3A DATE: 01/01/13 STATE OF ALABAMA DEPARTMENT OF FINANCE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD MID-SIZE INTERCITY COACHES CONTRACT T-NUMBER....... : T906 USAGE.......... : STATEWIDE CONTRACT PERIOD......... : JANUARY 1, 2011 TO DECEMBER 31, 2013 SOLICITATION NO : 2217266 CONTRACT BUYER...... : SUSAN JANA BUYER PHONE.. : (334) 242-7173 PURCHASING NUMBER......... : (334) 242-7250 FAX NUMBER... : (334) 242-4419 DATE PRINTED. : 01/01/13 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 : 2217266 PURPOSE: THIS CONTRACT IS FOR MID-SIZE INTERCITY COACHES AND IS AVAILABLE TO ALL STATE AGENCIES. CONTRACT PRICING MUST ALSO BE AVAILABLE TO OTHER LOCAL GOVERNMENTAL AGENCIES, SUCH AS COUNTIES, CITIES, SCHOOLS, ETC. ASSIGNMENT OF CONTRACT: TO ASSIGN, SUBLET OR TRANSFER ANY CONTRACT RESULTING FROM THIS SOLICITATION, THE VENDOR'S WRITTEN REQUEST MUST BE APPROVED BY THE STATE PURCHASING DIRECTOR. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 3 DELIVERY TIME FRAME: COACHES MUST BE DELIVERED TO THE "SHIP TO" ADDRESS SHOWN ON THE PO WITHIN ONE-HUNDRED TWENTY (120) DAYS FROM VENDOR'S RECEIPT OF PO. DELAYS ON DELIVERY MUST BE CONVEYED IMMEDIATELY TO THE AGENCY AND/OR STATE PURCHASING, IN WRITING, WITH AN EXPLANATION AND ANTICIPATED DELIVERY TIME FRAME. FAILURE TO ADHERE TO THE DELIVERY TIME FRAME WITHOUT ADEQUATE JUSTIFICATION WILL RESULT IN THE PENALTY AS PER THE BID SPECIFICATIONS. FREIGHT: BID IS F.O.B. DESTINATION. ANY FREIGHT CHARGES MUST BE INCLUDED IN THE UNIT BID PRICE AND NOT SHOWN SEPARATELY ON THE ITB OR INVOICE. CONTRACT PERIOD: ESTABLISH A 12 MONTH CONTRACT WITH AN OPTION TO EXTEND FOR A SECOND, THIRD, FOURTH, AND FIFTH 12 MONTH PERIOD WITH THE SAME PRICING, TERMS AND CONDITIONS. THE SECOND, THIRD, FOURTH, OR FIFTH 12 MONTH PERIOD, IF AGREED BY BOTH PARTIES, WOULD BEGIN THE DAY AFTER THE FIRST, SECOND, THIRD, OR FOURTH 12 MONTH PERIOD EXPIRES. ANY SUCCESSIVE EXTENSION MUST HAVE WRITTEN APPROVAL OF BOTH THE STATE AND VENDOR NO LATER THAN 30 DAYS PRIOR TO EXPIRATION OF THE PREVIOUS 12 MONTH PERIOD. ORDERING PROCESS: PURCHASES FOR STATE AGENCIES WILL BE MADE BY CONTRACT RELEASE ORDERS SHOWING SPECIFIC SHIPPING INFORMATION. CITIES, COUNTIES, SCHOOL SYSTEMS AND OTHER POLITICAL SUBDIVISIONS WILL BE RESPONSIBLE FOR ISSUING THEIR OWN PURCHASE ORDERS DIRECTLY TO THE VENDOR. PRORATION: ANY PROVISION OF A CONTRACT RESULTING FROM THIS BID TO THE CONTRARY NOTWITHSTANDING, IN THE EVENT OF FAILURE OF THE STATE TO MAKE PAYMENT HEREUNDER AS A RESULT OF PARTIAL UNAVAILABILITY, AT THE TIME SUCH DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 4 PAYMENT IS DUE, OF SUCH SUFFICIENT REVENUES OF THE STATE TO MAKE SUCH PAYMENT (PRORATION OF APPROPRIATED FUNDS FOR THE STATE HAVING BEEN DECLARED BY THE GOVERNOR PURSUANT TO SECTION 41-4-90 OF THE CODE OF ALABAMA 1975), THE CONTRACTOR SHALL HAVE THE OPTION, IN ADDITION TO THE OTHER REMEDIES OF THE CONTRACT, OF RENEGOTIATING THE CONTRACT (EXTENDING OR CHANGING PAYMENT TERMS OR AMOUNTS) OR TERMINATING THE CONTRACT. NEW EQUIPMENT: ALL EQUIPMENT MUST BE NEW AND UNUSED AND ACCEPTABLE BY THE ORIGINAL EQUIPMENT MANUFACTURER FOR THEIR MAINTENANCE. ALABAMA DEPARTMENT OF TRANSPORTATION TERMS AND CONDITIONS PART A ====== PRELIMINARY: 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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 5 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 FOUR 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 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. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 6 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 2ND, 3RD, 4TH, & 5TH YEAR 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 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 BY THE MANUFACTURER. 6. ALL UNLISTED MANUFACTURERS ACCESSORIES SHALL BE PRICED AT DEALER DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 7 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 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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 8 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 $50.00 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: THE VENDOR MUST FURNISH WITH THE BID 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. (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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 9 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 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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 10 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. 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 THE PURCHASING DIRECTOR 21. IF FALSE OR MIS-INFORMATION IS PROVIDED IN THE BID, IT SHALL DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 11 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: 12 "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." DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 13 8. CLEAN AIR REQUIREMENTS 1) THE MANUFACTURER/DEALER AGREES TO COMPLY WITH ALL APPLICABLE STANDARDS, ORDERS OR REGULATIONS ISSUED PURSUANT TO THE CLEAN AIR 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. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 14 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 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. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 15 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 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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 16 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 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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 17 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 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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 18 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 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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 19 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 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." DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 20 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 (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:__________________________ DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 21 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) TYPED NAME:___________________________ TITLE:___________________________ THE VEHICLE BEING BID IS EXEMPT FROM BUS TESTING. DATE:___________________________ DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 22 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) ______________________________________________ (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 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 23 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, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT. 2) IF ANY FUNDS OTHER THAN FEDERAL APPROPRIATED FUNDS HAVE BEEN PAID OR WILL BE PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OR CONGRESS IN CONNECTION WITH THE FEDERAL CONTRACT, GRANT, LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT STANDARD FORM-LLL, DISCLOSURE FORM TO REPORT LOBBYING, IN ACCORDANCE WITH ITS INSTRUCTIONS. 3) THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN THE AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS (INCLUDING SUBCONTRACTS, SUBGRANTS, AND CONTRACTS UNDER GRANTS, LOANS, AND COOPERATIVE AGREEMENTS) AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT UPON WHICH RELIANCE IS PLACED WHEN THIS TRANSACTION WAS MADE OR ENTERED INTO. SUBMISSION OF THIS CERTIFICATION IS A PREREQUISITE FOR MAKING OR ENTERING INTO THIS TRANSACTION IMPOSED BY SECTION 1352, TITLE 31, U.S. CODE. ANY PERSON WHO FAILS TO FILE THE REQUIRED CERTIFICATION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN $10,000 AND NOT MORE THAN $100,000 FOR EACH SUCH FAILURE. EXECUTED THIS __________ DAY OF _______________, __________ BY ___________________________________ (SIGNATURE OF AUTHORIZED OFFICIAL) ___________________________________ DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 24 (TITLE OF AUTHORIZED OFFICIAL) 22. CERTIFICATION OF COMPLIANCE WITH DISADVANTAGED BUSINESS ENTERPRISE REGULATIONS TRANSIT VEHICLE MANUFACTURERS BIDDING ON FTA ASSISTED VEHICLE PROCUREMENTS MUST CERTIFY TO RECIPIENTS THAT THEY HAVE AN FTA APPROVED OVERALL GOAL. EFFECTIVE DATE OF THIS REQUIREMENT IS OCTOBER 1, 1983. MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF TRANSIT VEHICLES ARE REQUIRED TO COMPLY WITH FEDERAL WBE, MBE, AND DBE REGULATIONS. NOTE: IF BIDDING AS A MANUFACTURER, FILL OUT CERTIFICATION A BELOW. OR IF BIDDING AS A DISTRIBUTOR/DEALER, FILL OUT CERTIFICATION B BELOW. CERTIFICATION A: THE BIDDER, AS A MANUFACTURER OF TRANSIT VEHICLES, HEREBY CERTIFIES THAT IT HAS COMPLIED WITH THE REQUIREMENTS OF 49 CFR 23.67 BY SUBMITTING ANNUAL WBE, MBE, AND DBE GOALS TO THE FEDERAL TRANSPORTATION ADMINISTRATION (FTA). THE GOALS HAVE EITHER BEEN APPROVED OR NOT DISAPPROVED BY FTA. NAME OF MANUFACTURER: _____________________________________________ TYPE OR PRINT NAME AND TITLE OF MANUFACTURERS ________________________________________________ AUTHORIZED OFFICIAL EXECUTING THIS CERTIFICATION ________________________________________________ SIGNATURE OF MANUFACTURER'S AUTHORIZED OFFICIAL DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 25 CERTIFICATION B: THE BIDDER, AS A DISTRIBUTOR/DEALER OF TRANSIT VEHICLES, HEREBY CERTIFIES THAT THE MANUFACTURER OF THE TRANSIT VEHICLE(S) TO BE SUPPLIED HAS COMPLIED WITH THE ABOVE REFERENCED CERTIFICATION REQUIREMENTS OF 49 CFR SECTION 23.67. NAME OF DEALER/DISTRIBUTOR: ________________________________________________________ (TYPE OR PRINT NAME AND TITLE OF DEALER/DISTRIBUTOR'S) ________________________________________________ AUTHORIZED OFFICIAL EXECUTING THIS CERTIFICATION ______________________________________________________ SIGNATURE OF DEALER/DISTRIBUTOR'S AUTHORIZED OFFICICAL NOTE: ANY BID RECEIVED WITHOUT ALL CERTIFICATIONS PROPERLY SIGNED AND NOTORIZED OR OTHERWISE INCOMPLETE WILL BE CONSIDERED NONCOMPLIANT. COMPLIANCE: FEDERAL AND STATE GOVERNMENTS REQUIRE VARIOUS CERTIFICATIONS BE ATTACHED TO EACH BID. THESE CERTIFICATIONS ASSURE THE INTEGRITY OF THE BIDDER, THE QUALITY OF THE PRODUCT, AND PROTECTS THE GOVERNMENT'S INTEREST. ALL REQUIRED CERTIFICATES ARE INCLUDED AS PART OF THIS BID PACKAGE. THEY MUST BE COMPLETED AND SIGNED BY APPROPRIATE OFFICAL. DELIVERY: DELIVERY SHALL BE WITHIN THE TIME SHOWN ON PAGE ONE (1) LINE ONE (1) OF THIS BID, BUT IN NO CASE WILL DELIVERY OVER 120 CALENDAR DAYS BE ACCEPTABLE, HOWEVER THE VENDOR MAY SHOW WRITTEN DOCUMENTATION THAT THE CIRCUMSTANCES ARE BEYOND THE VENDOR'S CONTROL. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 26 FLY AMERICA: THE MANUFACTURER/DEALER UNDERSTANDS AND AGREES THAT THE FEDERAL GOVERNMENT WILL NOT PARTICIPATE IN THE COSTS OF INTERNATIONAL AIR TRANSPORTATION OF ANY PERSONS INVOLVED IN OR PROPERTY ACQUIRED FOR THE PROJECT UNLESS THAT AIR TRANSPORTATION IS PROVIDED BY U.S.-FLAG AIR CARRIERS IS AVAILABLE, IN ACCORDANCE WITH THE REQUIREMENTS OF THE INTERNATIONAL AIR TRANSPORTATION FAIR COMPETETIVE PRACTICES ACT OF 1974, AS AMENDED, 49 USC S 40118, AND WITH US GSA REGULATIONS, "USE OF UNITED STATES FLAG AIR CARRIERS", 41 CFR SS 301-10.131 - 301.10.143. ACCESS TO THIRD PARTY CONTRACT RECORDS: THE MANUFACTURER/DEALER AGREES TO REQUIRE ITS THIRD PARTY CONTRACTORS AND THIRD PARTY SUBCONTRACTORS, AT AS MANY TIERS OF THE PROJECT AS REQUIRED, TO PROVIDE TO THE U.S. SECRETARY OF TRANSPORTATION AND THE COMPTROLLER GENERAL OF THE UNITED STATES OR THIR DULY AUTHORIZED REPRESENTATIVES, ACCESS TO ALL THIRD PARTY RECORDS AS REQUESTED TO CONDUCT AUDITS AND INSPECTIONS RELATED TO ANY THIRD PARTY CONTRACT THAT HAS NOT BEEN AWARDED ON THE BASIS OF COMPETITIVE BIDDING FOR A CAPITAL OR IMPROVEMENT PROJECT, AS REQUIRED BY 49 U.S.C. S 5325 (A). THE MANUFACTURER/DEALER FURTHER AGREES TO REQUIRE ITS THIRD PARTY CONTRACTORS AND THIRD PARTY SUB-CONTRACTORS, AT AS MANY TIERS OF THE PROJECT AS REQUIRED, TO PROVIDE SUFFICIENT ACCESS TO THIRD PARTY PROCUREMENT RECORDS AS NEEDED FOR COMPLIANCE WITH FEDERAL REGULATIONS OR TO ASSURE PROPER PROJECT MANAGEMENT AS DETERMINED BY FTA. RECYCLED PRODUCTS: THE BIDDER AGREES TO COMPLY WITH ALL THE REQUIREMENTS OF SECTION 6002 OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), AS AMENDED (42 U.S.C. 6962), INCLUDING BUT NOT LIMITED TO THE REGULATORY PROVISIONS OF 40 CFR PART 247, AND EXECUTIVE ORDER 12873, AS THEY APPLY TO THE PROCUREMENT OF THE ITEMS DESIGNATED IN SUBPART B OF 40 CFR PART 247. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 27 "THE OCTOBER 1, 2006 FEDERAL TRANSIT ADMINISTRATION MASTER AGREEMENT IS REFERENCED HEREIN THIS AGREEMENT BETWEEN THE STATE OF ALABAMA AND THE SUCCESSFUL BIDDER." PART C ====== ALABAMA VEHICLE DELIVERY AND ACCEPTANCE POLICY VEHICLE DELIVERY: ALL VEHICLES SHALL BE DELIVERED WITHIN 120 CALENDAR DAYS FROM ISSUE DATE OF PURCHASE ORDER. LATE DELIVERIES WILL AUTOMATICALLY BE ASSESSED A PENALTY OF $50.00 PER CALENDAR DAY PER VEHICLE. VEHICLES DELIVERED WITH DEFECTS OF WHATEVER NATURE ARE NOT CONSIDERED AS OFFICIALLY DELIVERED OR ACCEPTED. THE VENDOR SHALL NOTIFY ALDOT TO COORDINATE DELIVERY DATES NOT LESS THAN 24 HOURS PRIOR TO DELIVERY. FAILURE TO COORDINATE DELIVERY MAY RESULT IN DELAY OF VEHICLE INSPECTION AND ACCEPTANCE. VEHICLE INSPECTIONS: GENERAL: ALL VEHICLES WILL BE INSPECTED BY DESIGNATED ALDOT STAFF FOR DEFECTS AND COMPLIANCE. A VEHICLE DELIVERY/ACCEPTANCE FORM FOR EACH VEHICLE WILL BE COMPLETED WITH ANY APPARENT DEFECT NOTED. THIS FORM IS SIGNED BY BOTH ALDOT STAFF AND THE VENDOR'S DRIVER/REPRESENTATIVE. ALDOT WILL RETAIN THE WHITE COPY WITH THE YELLOW COPY TO THE VENDOR. IT IS THE RESPONSIBILITY OF THE VENDOR TO REVIEW SUCH FORMS AND TAKE IMMEDIATE ACTION TO CORRECT ANY/ALL DEFECTS OF WHATEVER NATURE. THE VENDOR SHALL COORDINATE CORRECTION OF DEFECT(S) WITH ALDOT STAFF. SPECIFICATION DEFECTS: IF A VEHICLE IS DELIVERED THAT DOES NOT MEET A SPECIFICATION, THAT VEHICLE MAY BE AUTOMATICALLY REJECTED. ANY SUCH REJECTED VEHICLE MAY BE RETURNED TO THE VENDOR. EXAMPLES OF SPECIFICATION DEFECTS ARE: DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 28 INSUFFIENT BRACING OF RUNNING BOARDS, ANY MISSING ITEMS, ETC. QUALITY DEFECTS: A MINOR DEFECT MAY RESULT IN A VEHICLE CLASSIFIED AS ACCEPTED CONTINGENT UPON REPAIRS. EXAMPLES OF MINOR DEFECTS ARE: LOOSE SCREWS, UNCLEAN INTERIOR OR EXTERIOR, ADJUSTMENTS, ETC. A MAJOR DEFECT WILL RESULT IN THE AUTOMATIC REJECTION OF THE VEHICLE. ANY SUCH REJECTED VEHICLE MAY BE RETURNED TO THE VENDOR. EXAMPLES OF MAJOR DEFECTS ARE: WARPED FLOORING, MODLING, PANELING, ANYTHING THAT INTERFERES WITH OR AFFECTS PASSENGER MOVEMENT OR SAFETY, OR ANY OTHER ITEM AS DETERMINED BY ALDOT STAFF. DOCUMENTATION: EACH VEHICLE SHALL BE DELIVERED WITH THE FOLLOWING DOCUMENTS: * MANUFACTURER'S CERTIFICATE(S) OF ORIGIN (CHASSIS) * MANUFACTURER'S CERTIFICATE(S) OF ORIGIN (BODY) * BILL OF SALE * WARRANTY PAPERS (FORMS, POLICY, PROCEDURES TO INCLUDE BODY, CHASSIS, A/C, LIFT, ETC.) * TITLE CHECK ($15/VEHICLE TO END USER) * MAINTENANCE SCHEDULE * SPARE KEY(S) * OPERATOR'S MANUAL * MANUFACTURER/VENDOR QUALITY CONTROL CHECKLISTS (PROPERLY COMPLETED & SIGNED BY AUTHORIZED OFFICIAL) CERTIFICATIONS * INVOICE (TO INCLUDE CONTRACT NUMBER, P.O. NUMBER, V.I.N., AND COMPLETE NAME OF END USER) IF ANY OF THE DOCUMENTS LISTED ABOVE ARE MISSING, DEFECTIVE, ALTERED, INCORRECT, INCOMPLETE, ETC. IT MAY BE CONSIDERED AS A MINOR VEHICLE DEFECT. VEHICLE ACCEPTANCE: ANY VEHICLE DELIVERED FREE OF DEFECTS OF WHATEVER NATURE WILL BE ACCEPTED AT THE TIME OF INSPECTION. THE INVOICE FOR AN ACCEPTED VEHICLE WILL BE PROCESSED BY ALDOT STAFF. THE ACCEPTANCE OF ANY/ALL DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 29 DELIVERED VEHICLE(S) WILL BE DETERMINED BY ALDOT STAFF. NOTE: IF A DEFECT OF WHATEVER NATURE IS DISCOVERED BY EITHER ALDOT STAFF OF THE END USER, AT ANY TIME AFTER A VEHICLE IS ACCEPTED FOR DELIVERY, THE VENDOR REMAINS RESPONSIBLE FOR THE TIMELY CORRECTION OF THAT DEFECT AT THE VENDOR'S EXPENSE. FAILURE TO DO SO MAY RESULT IN THE FORFEITURE OF ANY CURRENT CONTRACT(S) AND/OR THE VENDOR WILL NOT BE CONSIDERED FOR FUTURE CONTRACTS FOR A PERIOD NOT LESS THAN THREE (3) YEARS AFTER DISCOVERY OF THE DEFECT. PERFORMANCE POLICY: IT IS THE RESPONSIBILITY OF THE VENDOR TO REIVEW THE ALDOT VEHICLE DELVIERY/ACCEPTANCE FORM FOR ANY NOTED DEFECTS AND TO COORDINATE WITH ALDOT STAFF TO CORRECT SUCH DEFECTS AS SOON AS POSSIBLE. A VENDOR IS CONSIDERED TO HAVE A POOR CONTRACT PERFORMANCE WHEN 20% OR MORE OF CONTRACT VEHICLES WERE DELIVERED WITH DEFECTS. ALDOT WILL CONSIDER ALL MANNER OF DEFECTS (I.E. SECIFICATION, QUALITY, DOCUMENTATION, AND LATE DELIVERY) IN THE DETERMINATION OF POOR CONTRACT PERFORMANCE. A VENDOR WITH SUCH POOR CONTRACT PERFORMANCE MAY NOT BE CONSIDERED FOR FUTURE CONTRACTS FOR A PERIOD OF NOT LESS THAN THREE (3) YEARS. IF A MAJORITY OF DEFECTS ARE MINOR IN NATURE, ALDOT MAY CONSIDER A LESSER PENALTY. ALDOT MAY NOTIFY EACH VENDOR OF THE PERFORMANCE AT THE COMPLETION OF ALL CONTRACT REQUIREMENTS. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD CONTRACT VENDORS PAGE: 30 CONTRACT VENDOR NUMBER CONTACT PERSON TERMS AND NUMBER NAME AND ADDRESS PHONE NUMBERS/FAX DELIVERY 4011644 581216021-00 KEN BOSLAND NET NATIONAL BUS SALES AND 770-422-8920 120 DAYS ARO LEASING, INC 800-282-7981 �������������������� P.O. BOX 6549 MARIETTA GA 30065 ��������������770-422-9007 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 31 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME 4011644 00001 070-93-049777 319700.00000 581216021-00 NET EACH NATIONAL BUS SALES AND MID-SIZE INTERCITY COACHES, PER T906 LEASING, INC SPECIFICATIONS BRAND: CHAMPION 4011644 00002 070-93-049778 .00 % 581216021-00 NET LOT NATIONAL BUS SALES AND OPTIONS, % OFF CATALOG LEASING, INC LIST LESS ______% OFF CATALOG 10% DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IF YOU NEED ASSISTANCE CONCERNING THIS CONTRACT, PLEASE CONTACT THE BUYER LISTED ON THE COVER PAGE. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * THIS CONTRACT CONTAINS 32 PAGES.