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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 7346 DEMOGRAPHIC FORECAST FOR NFRMPOAPPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) TYPE OF PROCUREMENT Clause Professional Operations/ Rolling Stock Construction Materials & Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties / All All All All All (by Use of a Disclaimer V False Statements or Claims All All All All All Civil and Criminal Fraud Access To Third Party All All All All All Contract Records Changes to Federal All All All All All Requirements Termination All All All All All Civil Rights Title VI, EEO, ADA >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business All All All All, All Enterprises DBEs _ Incorporation of FTA Terms / All All All All All Suspension and Debarment >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$100,000 >$I00,000 >$10 000 Resolution of Disputes, Breaches, or Other Litigation >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Caro Preference All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- >$2,000 (including Kickback Acts ferry vessels Contract Work Hours And Safety >$2,500 (except Standards Act transportation >$2,500 >$2,000 (including ferry vessels) services Bonding $100,000 Seismic Safety A & E for New Buildings & ',, New Buildings & Additions ' Transit Employee Protective Transit Operations Agreements Charter Bus All School Bus All Drug Use - Testing and Alcohol Transit Operations Misuse - Testing Patent Rights and Rights in Data Research & and Copyright Requirements Development Energy Conservation All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by EPA, when EPA, when EPA, when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more per year or more per year Conformance With ITS National Architecture ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access A & E All All All All Bus TestingAll Pre -Award And Post Delivery Audits AII CONTRACT CHECKLIST FOR COMPETITIVE PROPOSALS RFPNo./Title: 771q(, lnrnnfoilau� lr,- Checklist Item Contract File Comments Location 7) Independent Cost Estimate, The City made and documented an independent cost estimate before receipt of proposals. 9) Unreasonable Qualification NQ Requirements This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 10) Unnecessary Experience and 1� Excessive Bonding Unnecessary experience and excessive bonding requirements were not included in this solicitation or contract documents. 11) Organizational Conflict of Interest (OCI) t� If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting 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 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 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 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 �S five (5) years inclusive of 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. 16) Written Procurement Selection S Procedures The City has written selection procedures and the solicitation also identifies all requirements that offerors must fulfill and all other factors to be used in evaluating bids or proposals. 17) Solicitation Prequalification e Criteria The solicitation required prequalification of persons, firms, or products. The list is current includes enough qualified sources to ensure maximum full and open competition, and potential bidders are not precluded from qualifying during solicitation period from issuance of the solicitation to its closing date. If the solicitation does not contain a prequalification requirement, check NA. 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 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 includes remedies / 1 r4 C R E� l�✓JL� for breach of contract and provisions covering termination for cause and convenience. 24) Clear, Accurate, and Complete Specification l5 A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to ro edy res ond. 25) Two Bidders Two or more responsible bidders were willing and able to compete effectively for the business. ' 26) Firm Fixed Price A firm fixed price contract was appropriate for this procurement. 29) Advertising The Invitation for Bids was publically advertised. 30) Adequate Number of Sources 5 I,�SXJ Solicited Bids were solicited from an adequate number of known suppliers. 36) Evaluation A method is in place for conducting technical evaluations of the proposals received and the 'J solicitation has evaluation factors identified along with their relative importance. 37) Price and Other Factors \ For this procurement, award was made to the responsible fine whose proposal is most advantageous to the grantee's Program with rice and other factors considered. 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. (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. 41) Cost or Price Analysis Either a cost analysis or a price analysis was performed and documented. The price was determined to be fair and reasonable. 42) Written Record of Procurement History The file contains records detailing the history (.2 n•'" of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. 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 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. 44) Out of Scope Changes \'� The grantee amended this contract outside i V the scope of the original contract. The amendment was treated as a sole source 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 Ivl�) payment utilizing FTA funds and the contract does not contain advance payment 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 (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 I V v grantee determined that no other type of contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost t� This is not a cost plus a percentage of cost type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the 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. 2) The procurement file contains: Price reasonableness determination. 56) Clauses �S This contract contains the appropriate FTA required clauses. Exclude Parties Search EPS run and include in the file SUPPLEMENT FOR ARCHITECT & ENGINEERING SERVICES Checklist Item Contract File Comments Location 8) A&E Geographic Preferences Geographic location is not a selection criterion or it is a selection criterion and its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. 51) Qualifications Exclude Price The City evaluated the offeror's qualifications and excluded price as an evaluation factor. 52) Serial Price Negotiations The City conducted negotiations with only the most qualified offeror and failing agreement on price would conduct negotiations with the next most qualified offeror until contract award could be made to the most qualified offeror whose price is fair and reasonable to the grantee. Jim O'Neill From: Suzette Mallette <SMallette@nfrmpo.org> Sent: Friday, August 03, 2012 9:42 AM To: Jim O'Neill Subject: RE: Demographic Forcast Model Contract - Jim, I did do an ICE form prior to the RFP being released. However, we have had a turnover in our financial staff so we need to look for it since I am not laying my hand on it right off. I have asked Theresa, our new financial person, to start sending you copies of the contracts when we us your purchasing services. We are treading water and are extremely busy as you can imagine. Our Council has hired an executive search firm to look for the new Ex Dir., but it will be at least 90 days before that transition is made. No vacation for me this summer. Hope all is well with you. Suzette From: Jim O'Neill rmallto:JONEILL(d)fcaov.com1 Sent: Thursday, August 02, 2012 4:14 PM To: Suzette Mallette Subject: Demographic Forcast Model Contract - Suzette, 1 hope things are going well for you. What the heck is going on over there??? Actually the reason for this email. You all just send me a copy of the contract with Dr. Fisher and I am in the process of closing the rfp file. I have a check list I use for fta funded rfps. One of the items is Cost Analysis. Can you send me what ever you all did in the negotiations with Dr. Fisher and why what he is charging is reasonable. I'd like to put a copy in the file. Thanks. And good luck to you! Jim Jim O'Neill, FNIGP, CPPO Director of Purchasing and Risk Management 970-221-6779 PO Box 580 Fort Collins, CO 80522 „..r,: Fort Collins =��. Independent Cost Estimate Date of Estimate: 27-Feb-12 Contract Type: Professional Services Existing Contract or PO (Y/N): N Description of Goods (A) or Services (B): Service I have obtained the following estimate from; Previous Reports Published Price List r Past Pricing (date) Past Pricing - 2005 Engineering or Techincal Estimate (performed by) NA Independent Third Party Estimate (performed by) NA Other (specify) Cost Estimate Details: (Estimate calculated in US Dollars) or stanaaro items Cost of services, Repairs, or Non -Standard Items Itemrrask: Materials or Work Description Other Direct Costs Labor Rate ($) Labor Hours Labor Class Allocated Overhead SGBA' Profit TOTAL Economic Forecast Report S 116.0D 110 S 12,760.00 $ 774.00 - 77 S 13,398.00 Total $ 26,158.00 / \ / 'Selling. General and Adminisvrn ae Expenses Signature of Prepare `” �/,, j Account#: 003450 .sue CCORTCOLLINS O6LORADOAN I in nice Text NOTICE The City of Fort Collins on beh STATE OF COLORADO ) ) ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) Andrew Troncoso being duly sworn, deposes and says that said is the legal clerk of the Fort NOTICE Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and the City of Fort Collins on behalf of the North published in the City of Fort Collins, in said county and state; thatthe notice or advertisement, of Front ro thRangetMetropolitan ere� ea ro�niNg Organize- which Which the annexed is a true copy, has been published in said daily newspaper for tion"MPO", is soliciting proposals for a 2040 Dem- ographic Forecast for the North Front Range 2 Non -Consecutive Days; that includes all of the North Front Range MPO and portions of Weld and Larimer Counties in the ozone nonattalnment area. that the notice was published in the regular and entire issue of every number of said newspape: Proposals will be received by the City of Fort Collins at the office of the Purchasing Divsion, during the period and time of publication of said notice, and in the newspaper proper and not in s rad North Mason end our clock k t Collins, cold. supplement thereof, that the first publication of said notice was contained in the issue of sail Colo- rado until 3:00 P.M. our clock on March 16, pP 2012 for the Demographic Forecast for newspaper on NFRMPO, RFP Number 7346. For more nfor- matlon call (970) 221-6775 or download a copy Of RFP Number 7346 at Sunday, February 26, 2012 www.fcgov.com/eprocurement. James E. O'Neill II, CPPO, FNIGP Director of Purchasing B Risk Management that the last er on publication thereof was contained in the issue of said newspaper February 24, 2012 P P 1? 34186279 Sunday, March 4, 2012 FbuIl6aaerary2, Marcch , 2012 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during thl period of at least six months next prior to the first publication of said notice or advertisemen above referred to; that said newspaper has been admitted to the United States mails as second-clas, matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that sait newspaper is a daily newspaper duly qualified for publishing legal notices and advertisement within the meaning of the laws pf the State of Colorado p r Le& I'tLP' k • C .. Off`/� .� y: OTA O= Subscribed and sworn to before me, within the County of Larimer, State of Colerada'tAl �! Z Monday, March 05, 2012 // 's P pUBLIG O My Commission expires:Mill IM NCO, 2D�S ' 3 •��9f6 �\\\ %19101n Expires c ht Notary Public Legal No.0034186279 Delivered to: CITY OF FC-PURCHASING-LEGAL, Affidavit Prepared PO BOX 580 Monday. March 5, 2012 FORT COLLINS, CO 80522-0580 8:48 am