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HomeMy WebLinkAbout452938 IN MOTION TECHNOLOGY INC - PURCHASE ORDER - 9120133City Of PURCHASE ORDER PO Number IPage 9120133 1 t of 2 ' `t Collinshis number must appear " , 1�7 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 452938 Ship To: TRANSFORT BUS FACILITY IN MOTION TECHNOLOGY INC CITY OF FORT COLLINS SUITE 350 625 AGNES STREET 6570 PORTNER ROAD NEW WESTMINSTER British Columbia V3M 5Y4 CITY OF FORT COLLINS Colorado Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Facilitation of release #3 upgrade for onboard MG's City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com 1 LOT LS 4,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 44) Out of Scope Changes The grantee amended this contract outside the scope of the original contract. The amendment was treated as a sole source Yes procurement (complying with the FTA requirements for a justification, cost analysis and profit negotiation). 45) Advance Payment Provisions The contractor did not receive an advance payment utilizing FTA funds and the contract does not contain advance payment No provisions or, if it did, prior written concurrence was obtained from FTA. 46) Progress Payment Provisions The contract contains progress payments based on costs incurred (as opposed to percent of completion) and the contract contains a provision giving the grantee title to property NO (materials, work in progress, and finished goods) for which progress payments are made. The contract may contain other security in lieu of obtaining title. 47) Time and Materials Contracts This is a time and materials contract; the grantee determined No that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost No This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the No assessment for damages is specified in the contract at a specific rate per day for each day of overrun in contract time. 50) Piggybacking 1) The file contains: Assignability provisions. No 2) The procurement file contains: Price reasonableness determination. 56) Clauses Yes This contract contains the appropriate FTA required clauses. Excluded Parties Search Yes EPS run and include in the file. Purchase Order Turns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By sunny the City of Fort Collins is exempt fmm sate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tox Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mca specifications, either when shipped or due to defects of damage in transit. may be rctum id to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomuance of the tems and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the wamntice or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfannnec hereof or any of its rights Or remedies as to any such goods, regardless of when shipped, received or accepted. as to any prior or atbxcqucnt default hereunder, nor shall any purported oral modification or rewimion of this purchase order by the Purchaser operate as a waiver of any of the toms hereof, Final Acceptance. Receipt of the merchandise. sctvices or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercaficr Freight Terms. Shipment% most be F.O.B., City of Fart Collins, 700 Wood St., Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereof er indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means nvailable m it, and the Seller shall pay all costs associated with such work. Permits. Scllcr shall procure at sellers sale cast all necessary remits, certificates and licenses required by all applicable laws. regulations, ordinances and odes of the state. municipality, territory or political subdivision where the is'ork is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller (under agrees to hold the City of Fort Collins harmless (ram and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, oniini nces, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fad, bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and city supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diffident terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall arcane as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for danragcs as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such act, of Gad, acts of civil or military authorities, governmental priorities, fires, strikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and peformed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless font any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace. repair or make good, without cast no the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done err materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guamntms, but such liability shall in on usual include loss of pmfits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Isms, other than legal terms. including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or rinen change arder. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, ruminate this agreement as to any or all ponions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted potion ofthc goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys fmm the date the change or tcmination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods %old hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference, The Seller agrees to indemnify and hold the Purchaser hamilcss four all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hcrcandm without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, foe and clear of any and all liens, restrictions reservations, secunty, interest encumbrances and claims ofrIhers. The Seiler shall release the Nachascr and its contractors of any tier fmm all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off cv, and employees ofsueh pony. The Seller's duanicntal obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, The Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such pmcntcd design. device, matcrinl or pmcacs in connection with the contract, and shall indemnify the Purchaser for mty cost, expense or damage which it may be obliged to pay by reason ofsueh infringement at any time during the prosecution or a0cr the completion of the work. In cast said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of %aid equipment or part is enjoined. the Seller shall, at its own cxpenxc and at its option, either prneum fm the Purchaser the right to continue using ,said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the beacrit of creditors, appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwilh be umccicd by the Purchaser without liability, 16. GOVERNING LAW. The definitions of tens used or the interpretation ofthc agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the sunices of Scllcrs Representative(.,), ran the premises of others. 17. SELLERS RESPONSIBILITY. The Seller .,hall carry on said work at Seller'., own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Shcer's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installatina or erection by the Seller, the Seller shall receive, unload, store and handle same at the situ and become responsible therefor as though such materials and/or equipment were being fumishcd by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense, rmvidc for the payment of workers compensation, including occupational disease benefits. to is employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to. contractual and automobile public liability insurance .with badly injury and death limits of of least S300.000 far any one person. S500.000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such eompevsmion end insurance. Before any of the Scllcrs or his contractors employees shall do any work upan the pmntiacs of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumncc hoe been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumncc shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsihiliry and liability for nny and all damage, loss or injury ofany kind far nature whatsoever to persons or property caused by or resulting fmm the execution ofthc work provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims losses, damages, charges or expenses, whether direct or indirect, and whether to person% or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any snit or other proceedings shall he brought against the Purchaser. or its officers. agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against The Purchaser err any of its or their affects. ,agents or employees in such suits or other ponecci ings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other Proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise, The Seller and his contractors shall take all safety precautions, tarnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Hcalth Act of 1970 and all n des and regulations issued pursuant thereto. Revised 03/2010 For_ rt� �C/oWns Date of Estimate: Contract Type: Existing Contract or PO (Y/N): Description of Goods (A) or Services (8): Independent Cost Estimate I have obtained the following estimate from; Published Price List / Past Pricing (date) Engineering or Techincal Estimate (performed by) Independent Third Party Estimate (performed by) Other (specify) 1/3/2012 N Software / Hardware Configuration Costs for Release 3 Software Upgrade 5/14/2009 Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product 2009 Adj TOTAL In Motion Configuration Costs 2 x Days Labor for Release N 3 Software Upgrade $ 2.000.00 $ 90.00 $ 2,090.00 In Motion Configuration Costs (2 x Days Expenses) for Release N 3 Software Upgrade $ 2,000.00 $ 90.00 $ 2,090.00 Total $ 4,000.00 $ 180.00 $ 4,180.00 Past Pricing Date is from Proposal N IMT-QT-090514-KV02 Adjustment is based on 1.5% per year for 3 x years (since 2009) C:0ocuments and Setlings\Iliu\Local Settings\Temporary Internet Files\OLK38Un Motion Tech upgrade ICE.xlsln Motion 1/6/2012 July 18, 2011 To: Jim O'Neill, Director of Purchasing and Risk Management From: Jim Hume, Buyer Subject: Exception to use of competitive bidding under $200,000 Title: Purchase of Annual Maintenance Services from In -Motion Technologies Budgeted Amount: $ 10,260 Purchase Amount: $ 10,260 Background: In -Motion Technology cameras and software are used aboard Transfort buses. The company was selected in 2008 at the conclusion of a competitive negotiation process. Software licensing and support cannot be obtained from any source other than In -Motion Technology. The cost of Platinum Support was reduced a total of $470, the Mobility Manager application was reduced by $500, software licensing went down about $225, and the Total Reach license is now free. In -Motion Technology is a responsible vendor and the offered price of $10,260 is fair and reasonable, based on the above cost reductions. Exception to Competitive Bidding Rationale: FTA Circular 4220.1 F When the recipient requires supplies or services available from only one responsible source, and no other supplies or services will satisfy its requirements, the recipient may make a sole source award. Jim, I approve this sole source for In -Motion software maintenance. Jim O'Neill, FNIGP, CPPO Director of Purchasing and Risk Management In Motion Technology, Inc. Phone 604-523-2371 Suite 350, 625 Agnes Street. Fax 604-648-9629 ®TI ®N New Weshninsler BC V3M5V4 Web: htip://www.inmetientechnology.com INM T E C H N O L O G Y Statement of Work for Transfort Mobile Fleet Upgrade Project Introduction This Statement of Work describes the services that In Motion Technology Inc. proposes to provide to Transfort in order to facilitate the migration of the onBoard Mobile Gateways from Release 2 to Release 3. Overview Transfort currently has a fleet of approximately 50 oMGs operating with release 2 software. In order to benefit from new features and ensure the solution is capable to adapt to planned new bus applications, refreshing the oMG software to release 3 is advisable. Because oMG release 3 is significantly different from release 2, an in-depth planning and configuration process, accompanied by informal onsite training is proposed as the most efficient way to accomplish the migration. This proposal will include re -configuration for 3 of the existing units and instruction on how Transfort personnel can accomplish the remainder. Details In Motion's proposal to Transfort includes the following services: Technical Planning • Network Design Update. In Motion will advise Transfort on mobile network design considerations related to In Motion's products and how to best implement the design in the Transfort network. • Migration Process Plan. In Motion and Transfort will review the migration process and devise a plan that considers the steps that must be performed in order to achieve Transfort's objectives. onBoard Mobility Manager Update In Motion will perform the following activities: • Advise IT security personnel on oMM firewall requirements for release 3 oMGs. • Verify the oMM is operational and communicating with the release 3 onBoard Mobile Gateways (oMG). • Provide Transfort staff with informal oMM training concerning release 3 differences. onBoard Mobile Gateway Configuration In Motion will assist Transfort to configure 3 units that will serve as a release 3 pilot. As a result of the pilot Transfort personnel will be trained and able to re -commission the remaining oMGs. The pilot steps are: • Configure the first oMG that will enable the Pilot to proceed. Transfort and In Motion Will jointly implement the updated network design into the oMG configuration. CONFIDENTIAL Revision 1.0 • Page 2 of 3 December, 2011 • Perform application Integration to ensure applications can communicate through the mobile network. This is a test bench activity that accomplishes efficient applications integration and/or verification. Produce a baseline configuration for the oMGs. The result of the configuration and application integration steps will be to create a baseline configuration. The baseline configuration is a template configuration that will be constructed to support the applications and test environment that is prepared for the Pilot. The baseline configuration is used during installation to complete commissioning of the remaining units. The baseline configuration ensures that the overall solution is proven and enables In Motion's technical support team to serve Transfort effectively under our support programs. • Re -commissioning planning. In Motion and Transfort will identify how the baseline configuration must be applied and modified for each oMG and review the procedure needed to accomplish this efficiently and reliably. This will be performed on two additional units to confirm the process. A quality assurance procedure will be identified. Training During planning and configuration any Transfort staff directly involved in the process will receive informal training that will enable them to perform configuration tasks related to the In Motion products. Deliverables In Motion will provide the following to Transfort: Network Specification. Assist Transfort to develop a network specification to provide a comprehensive description of Transfort's mobile network architecture. Diagnostic Information. As required, provide network data capture results to confirm successful operation or supply troubleshooting information for other parties involved in the project. Baseline configuration. Provide a documented baseline configuration set of files that can be installed into all of onBoard Mobile Gateways for this project. Copy Instructions. Provide instructions on how to modify the configuration of a unit to re -commission it after release 3 is installed. Location of Work In Motion will send a representative on site for two days to perform this work and complete anything outstanding, remotely. Constraints and Limitations In Motion's Services proposal is based on the following assumptions: Transfort personnel involved must be experienced with oMG release 2 operations. Time permitting, training of inexperienced personnel can also be included but the primary goal is to complete the tasks and deliverables described above. • Transfort personnel must participate full time during the two days of onsite work. • Applications must be available in a test bench setting to allow efficient verification of the oMG release 3 configurations. Revision 1.0 CONFIDENTIAL • Page 3 of 3 Completion Criteria December, 2011 Reasonable efforts will be made to complete the tasks as time and resources permit. The In Motion Representative will have the experience to suggest priorities in order to use the planned allocation of time to Transfort's best advantage. The work will be considered complete when the pilot units are configured and the deliverables have been supplied. Schedule The planned dates for this work are Jan 12, 2012 Jan 13, 2012. Agenda: Day 1 morning: network requirements assessment and design to complete a detailed mobile network diagram Day 1 afternoon: Install release 3 and create a baseline configuration. Day 2 morning: Verify baseline configuration with applications and adjust as required. Day 2 afternoon: Upgrade and configure two additional pilot units, apply configuration and customize, develop quality assurance test procedure. Change Provisions for Scope of Work In Motion Technology will undertake the tasks outlined in this statement of work based on the identified assumptions. However in event that the scope of work increases significantly or that the work environment does not permit completion according to the agenda, beyond In Motion reserves the right to stop work and provide a revised proposal. Cost to Transfort As the sole source vendor of the products only In Motion personnel can provide the services described in this statement of work in the specified time and do so cost-effectively. In Motion Technology will invoice Transfort for $4000 USD upon completion of the work. The above costs include all expenses for air fare, meals and accommodation, local travel. These are charged at In Motion's daily on site expense rate of $1000 per day. The remaining costs are due to our labor rate of $1000 per day. For budgetary purposes, Fort Collins can assume that 30% of the labor rate is profit. Revision 1.0 CONFIDENTIAL Title: In Motion Tech - Uparade to Existina System Date: 1-3-12 File: JRH\Transfort\In Motion Tech CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Comments 7) Independent Cost Estimate The City made and documented an independent cost estimate Yes before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding n/a Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting No a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the procurement process. (An example of arbitrary action is when award is made to other than No the contractor who most satisfied all the City requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand n/a that offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with specific language. 14) Geographic Preferences The solicitation contains no in -State or local geographic n1a preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of n/a options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 18) Award to Responsible Contractor The City made a determination that it was awarding to a responsible contractor considering such matters as contractor integrity, compliance with public policy, record of past Yes performance, and financial and technical resources. 1. Appropriate Financial, equipment, facility and personnel. (Y/N) 2. Ability to meet delivery schedule. Y/N 3. Satisfactory period of performance. (Y/N) 4. Satisfactory record of integrity, not on declined or suspended listings. (Y/N) 5. Receipt of all necessary data from vendor. (Y/N) 19) Sound and Complete Agreement This contract is a sound and complete agreement. In addition, it Yes - PO with Federal T&C includes remedies for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification A complete, adequate, and realistic specification or purchased description was available and included any specifications and Yes pertinent attachments which define the items or services sought in order for the bidder to properly respond. 38) Sole Source if other Award is Infeasible The contract file contains documentation that award of a contract was infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (1) The item was available only from a single source. (Verify The upgrade is for In Motion prices are no higher than price for such item by likely software, proprietary to the vendor customers.) (2) Public exigency for the requirement did not permit a delay and not available from other sources resulting from a competitive solicitation. (3) An emergency for the requirement did not permit a delay resulting from a competitive solicitation. (4) The FT A authorized noncompetitive negotiations. (5) Competition was determined inadequate after solicitation of a number of sources. 39) Cost Analysis Required Cost analysis and profit negations were performed (initial award and modifications) And documented for price reasonableness was established on the basis of a catalog or market price of a Yes commercial product sold in substantial quantities to the general public or on the basis of vices set by law or regulation. 40) Evaluation of Options The option quantities or periods contained in the contractor's bid or offer were evaluated in order to determine contract award. n/a (To be eligible for Federal funding, options must be evaluated as part of the price evaluation of offers, or must be treated as sole source awards. 42) Written Record of Procurement History The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, Yes (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract pdce. 43) Exercise of Options The grantee exercised an option on this contract adhering to the terms and conditions of the option stated in the contract and determined that the option price was better than prices available n/a in the market or that the option was a more advantageous offer at the time the option was exercised. If an option was not exercised under this contract, check NA.