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Home My WebLink AboutCORRESPONDENCE - RFP - P1065 TRANSFORT BUSES/ Pi \ p o BLUEBIRD �etican Bus lndu b i =o sa oap.nm.�c 3A 9176C C E.h761 Sc Ontario. CA VIA UPS Overnight June 18, 2007 Mr. Jim Hume, CPPO Senior Buyer City of Fort Collins Purchasing Division 215 North Mason St., 2"d floor Fort Collins, Colorado 80524 Subject: RFP No.1065, Transfort Buses Dear Mr. Hume, Thank you very much for your email notification that North American Bus Industries, Inc. has been selected to supply CNG buses to Transfort per RFP No. P-1065. Pursuant to your request, please find enclosed the following certifications in preparation of the pre -award audit and Agreement to Purchase: 1. Pre -Award Audit Certification 2. FMVSS Certification 3. TVM (sub -part D) Certification Also pursuant to your request, I have included on the accompany page a copy of the suggested language for regulatory changes. Please not that this suggested language is consistent with the SBPG's. We at North American Bus Industries, Inc. look forward to working with Transfort and the City of Fort Collins. Sin rely, ich Him'i J Director, Transit Sales Attachments Cc: Dave Leicester Web Site: www.nabiusa.com • Ph: 909.773.0500 • Fax: 909.923.8263 [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.) North American Bus industries, Inc. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. in addition, the Contractor understands and agrees t the provisio of 11 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Senior Vice President Joseph R. Gibson, Transit Bus Sales & Marketing Name and Title of Contractor's Authorized Official June 15, 2007 Date FEDERAL MOTOR VEHICLE SAFETY STANDARDS CERTIFICATION North American Bus Industries, Inc. hereby certifies that the vehicles offered in response to the subject solicitation will conform to all applicable Federal Motor Vehicle Safety Standards in effect on the date of manufacture. DATE: June 15, 2007 SIGNATURE: 11�t % /dam PRINT NAME: Joseph R. Gibson Senior Vice President, TITLE: Transit Bus Sales & Marketing FIRM: North American Bus Industries, Inc. North American Bus Industries, Inc. Questions/Requests/Clarifications April 2, 2007 City of Fort Collins - Transfort Fort Collins, CO RFP No. P1065 Request NABI Respectfully Requests Approval and/or Number Section Page Clarification of the Following: Customer Comments 41. 4.0 Pricing Approval for Year 1 - Base buses to be priced as quoted Approved ❑ Subsequent on the Cost Sheet and for pricing for buses in Denied ❑ Orders subsequent orders to be adjusted according to the U.S. Clarification: Bureau of Labor Statistics Producer Price Index (PPI) 1413 Truck and Bus Bodies, or if such index is no longer in use, then such replacement which is most comparable to the Index as may be designated by the Bureau of Labor Statistics, or as agreed by the parties. The price of those buses for Year 2 and up would be the unit price of Year 1 buses, adjusted by multiplying the Year 1 bus price by the following fraction: Preliminary Index Number on Month Prior to issue of NTP Index Number on Effective Date of the Contract. 42. 4.0 Pricing Approval of the following S.B.P.G.'s language for regulatory Approved ❑ changes in the future that might impact pricing of the bus: Denied ❑ 2.2.3.4 Price Adjustment for Regulatory Changes — If price Clarification: adjustment is indicated, either upward or downward, it shall be negotiated between the Procuring Agency and the Contractor for changes that are mandatory as a result of legislation or regulations that are promulgated and become effective after the Due Date. Such price adjustment may be audited, where required. 43. 4.0 Pricing Please clarify specifically what pricing will be utilized in the Approved ❑ evaluation process (i.e. Section 5.0, Evaluation — Cost). Denied ❑ 44. 5.0 Evaluation Please clarify the delivery requirement(s) for the initial order of Clarification: Approved ❑ 3-6, 35-foot low -floor CNG buses. Denied ❑ Clarification: Page 7 of 7 9. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS 49 U.S.C. 5323 49 CFR Part 663 Pre -Award and Post -Delivery Audit Requirements - The Contractor agrees to comply with 49 U.S.C. § 5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: (1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. (3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT Certificate of Compliance The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 53236)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 C.F.R. 661.11: Date: June 15, 2007 Senior Vice President Signature Joseph R. Gibson h�e: Transit Bus Sales & Marketing Company Name: North American Bus Industries, Inc. Certificate of Non -Compliance The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 53230)(2)(B) or (j)(2)(1)), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7. Date: Signature: Title: Company Name: 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (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 an agency, a Member of Congress, 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, 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 making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 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 [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (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 was 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION OF COMPLIANCE WITH SUBPART D. PART 26 This procurement is subject to the provisions of Section 26.49 of 49 CFR Part 26. Accordingly, as a condition of permission to propose, the following certification must be completed and submitted with the proposal. TRANSIT VEHICLE MANUFACTURER CERTIFICATION North American Bus Industries, Inc. a TVM, hereby certifies that it has complied with the requirements of Section 26.49 of 49 CFR Part 26 by submitting a current annual overall DBE goal to FTA. This goal apply to Federal Fiscal Year 2007 (October 1, 2006 to September 30, 200 and have been accepted or not accepted by FTA. supplied Section 26.49 of 49 CFR Part 26. hereby certifies that the manufacturer of the transit vehicle to be has complied with the above referenced requirement of V Signature: Joseph R. Gibson RDate: June 15, 2007 Senior Vice President Title: Transit Bus Sales & Marketing Finn: North American Bus Industries, Inc.