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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9135305September 27, 2013 Craig Dubin Communications and Administration Manager City of Fort Collins-Transfort Cdubin@fcgov.com 970-224-6196 Subject: Integrator Original Equipment Manufacturer (OEM) Licensing Mr. Dubin: Pursuant to your request, I am pleased to offer the below listed reasons for the Integrator original equipment manufacturer licensing: SPX Genfare is granting to the City of Fort Collins a limited, non-exclusive license for the sole purpose of using the information to make third party ticket vending machines and other fare collection equipment compatible with the information and/or the Genfare fare collection system that was sold to the City of Fort Collins under the original purchase agreement. The City has the right to sublicense the information solely for the permitted use identified in the agreement. SPX Genfare is collecting a fee ($10,000) for the allowance of our encoding format to be shared with other fare collection manufacturers. If there are any additional questions please feel free to contact me at 847-871-1115 or 847-222- 3639 for a prompt response. Regards, Sent via email, signature on email. Mark A. Mahon SPX GENFARE Director of Sales, Western Region Title: SPX Genfare Integrator OEM Licensing Date: 9/27/13 CONTRACT CHECKLIST FOR NON-COMPETITIVE PROPOSALS (SOLE SOURCE) Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an ICE completed 20-Sep-2013. independent cost estimate before receipt of proposals. 10) Unnecessary Experience and Excessive Bonding Unnecessary experience and excessive No 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 a clause NA 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 No 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 NA 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 No 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 five (5) years inclusive of options without prior Yes 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 performance, and financial and 1. Yes technical resources. 2. Yes 1. Appropriate Financial, equipment, facility 3. Yes and personnel. (Y/N) 4. Yes 2. Ability to meet delivery schedule. (Y/N) 5. Yes 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 Yes 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 Yes available and included any specifications and 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 prices are no higher than price for such item by likely customers.) (2) Public exigency for the requirement did 1. Yes not permit a delay 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 Yes; Price/Cost Analysis Memo was established on the basis of a catalog or dated 9/20/13 is attached. market price of a commercial product sold in substantial quantities to the general public or on the basis of prices 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. (To be NA 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 1. Yes records include: 2. Purchase Order selected (1) the rationale for the method of 3. Yes procurement, 4. Yes (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 NA 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 the scope of the original contract. The amendment was treated as a sole source No 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 No 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 No 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 grantee determined that no other type of No contract is suitable; and the contract specifies a ceiling rice. 48) Cost Plus Percentage of Cost This is not a cost plus a percentage of cost No type contract. 49) Liquidated Damages Provisions This contract contains liquidated damages provisions and the assessment for damages No 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. 1. No 2) The procurement file contains: Price 2. Yes reasonableness determination. 56) Clauses Yes; the appropriate FTA This contract contains the appropriate FTA Required Clauses are added to required clauses. the Purchase Order. System for Award Management SAM run 9/27/13. (SAM) SAM run and include in the file. Ed Bonnette From: Craig Dubin Sent: Friday, September 27, 2013 11:09 AM To: Ed Bonnette; Sandy O'Brien Cc: Karl Gannon Subject: FW: *REQUEST* Information Attachments: Licensing 08282012.doc Ed, Here's the quote and requirement from Genfare. Bottom line, we don't have a choice. It's their software; they won't release the code to another vendor without this fee. They don't really care if we pay it or not, they're not competing for our business. They're just getting their licensing fee for us to supply their code to Scheidt and Bachmann. Hope that makes sense! Craig Dubin Communications & Administration Manager City of Fort Collins — Transfort Cdubin(a)fcgov.com (970)224-6196 City of . Fort'Coll i ns Transfort From: Craig Dubin Sent: Monday, September 09, 2013 4:13 PM To: keith.meyer@ditescoservices.com Subject: FW: *REQUEST* Information Hey Keith, Been in meetings all day. I thought I got this over to you but can't check my Outlook as it's not allowing searches right now. Anyway, I thought I asked if this would suffice for a justification. Any ideas? I'm not quite sure how to go about an ICE for this but I'll try to figure something out. Thanks! Craig Dubin Communications & Administration Manager City of Fort Collins — Transfort Cdubin(a) gov.com (970) 224-6196 Cityt of - ' ForCollins; ^� TranSfOrt .. From: Mahon, Mark rmailto:mark.mahon(alsm.com] Sent: Wednesday, August 28, 2013 3:41 PM To: Craig Dubin Subject: RE: *REQUEST* Information Craig, See attached. Mark Mahon Director of Sales, Western Region Genfare )Genfare- 751 Pratt Boulevard Elk Grove Village, IL 60007 TEL +1847-871-1115 MOB +1847-222-3639 FAX +1847-593-8870 mark. mahon(o�spx.com www.spx.com www.genfare.com The information contained in this electronic mail transmission is intended by SPX Corporation for the use of the named individual or entity to which it is directed and may contain_ information that is confidential or privileged. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email so that the sender's address records can be corrected. From: Craig Dubin [mailto:CDubin@fcgov.com] Sent: Monday, August 19, 2013 3:36 PM To: Mahon, Mark Cc: Katie Ryan; Ed Bonnette Subject: RE: *REQUEST* Information Hi Mark, I was out of town last week so I'm a little late in getting this to you. I am trying to get the resources in place to cover the $10K for the licensing to S&B. Do you think you could put together a short proposal with the cost and the reason why the licensing is needed so that I can provide a justification for the funding? It doesn't have to be very extensive; just a one page doc with a paragraph or two of what is being provided, what the reason for the licensing, that no one else is permitted to provide this licensing to S&B on Genfare's behalf and the license purchase cost. If you could provide that, I should be able to expedite it so that we can issue a PO against our original contract with Genfare. Would you give me an idea on the lead time you need for this? Thanks! Craig Dubin Communications & Administration Manager City of Fort Collins — Transfort Cdubin()fcgov.com (970)224-6196 2 ;`rof t` Collins MEMORANDUM City of Fort Collins Tra nsfort/D i a I -A -Ride 6570 Fortner Road Fort Collins, CO 80525 970.224.6196 970.224.6043 - fax cdubin@fcgov.com DATE: September 20, 2013 TO: Erika Keeton, Special Projects Engineer CC: Ed Bonnette, Senior Buyer Keith Meyer, Construction Manager Sandra O'Brien, Financial Coordinator Karl Gannon, Financial Analyst FROM: Craig Dubin, Communications & Administration Manager SUBJECT: MAX — Genfare SPX Card Format License — Price /Cost Analysis The projected cost through our Independent Cost Estimate (ICE) for the purchase of integration and limited source code licensing from Genfare SPX was $13,025. A critical component of the MAX BRT Ticket Vending Machine (TVM) project is to provide standard fare media for MAX BRT. All fare media used on MAX BRT will also be used for payment and entry onto the normal Transfort fixed route system. All TVM's must encode passes that can be used on both MAX BRT and regular fixed route system. Genfare SPX is the firm that provided fareboxes for the regular fixed route system. This licensing cost from Genfare included the right to share limited source code for integration purposes with Scheidt & Bachmann. This code can only be released and licensed by Genfare SPX. Therefore, in order for Scheidt & Bachmann to meet the requirements of the TVM contract, access to this source code format that Genfare SPX uses for magnetic stripe cards is required. The ICE provided references recent projects between the CoFC and Trapeze Software. FX- MON and OPS-MON are standard integration modules from Trapeze Software for the purpose of licensing limited exposure of proprietary source code to third party vendors. There is a gap of $5,992 between the two products as OPS-MON is a more complex product that provides both import and export capabilities. FX-MON was chosen as a more analogous comparison as it only has the ability to export data. It should be noted that while Genfare SPX' proposal is for integration licensing, there are no import or export services and is therefore somewhat less complex than the two Trapeze products. While Trapeze FX-MON product license costs were $3,025 (23%) higher than Genfare SPX' license cost, the Genfare's license is a simple code format release with no process development. It is therefore reasonable to expect the cost to be lower than the Trapeze licensing. Although the $10,000 proposed by Genfare SPX only provides the right to expose proprietary information to a third party, this fee is required in order to complete a critical project and cannot be procured through other means. Please let me know if you have any questions that I can answer. Sincerely, City of F6rt Collins Craig Dubin Communications & Administration Manager City of Fort Collins Transfort Cdubin@fcgov.com (970) 224-6196 Fp""� �t� ins Independent Cost Estimate Date of Estimate: 20-Sep-13 Contract Type: Existing Contract or PO (Y/N): N Description of Goods (A) or Services (B): Integration/Source Code License have obtained the following estimate from: CoFC PO#9131722 Published Price List / Past Pricing (date) 4/3/2013 Engineering or Technical Estimate (performed by) Independent Third Party Estimate (performed by) Other (specify) Pricing obtained from existing PO for licensing to expose proprietary source code to 3rd party vendor Cost Estimate Details: (Estimate calculated in US Dollars) Integration Module License FX-MON Integration Module License OPS-MON Cost $/ea) Cost ($tea) Product Data Dictionary (ICD) and Export Data Dictionary (ICD) and Import/Export *Base Integration License $13,025.00 $19,017.00 C:\Documents and Settings\ebonnette\Local Settings\Temporary Internet Files\Content.Outlook\743RY5A8\ICE - Magnetic Card Format Llcense.xlslCE 9/2712013 5AY, 6&%4-A/Y /41/S G4444-0-1 VC, 41x7113 SAM Search Results List of records matching your search for Search Term : spx* Record Status: Active 11IRN, SPX CORPORATION Status:Active DUNS: 093633352 +4: CAGE Code: 08441 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 22 TOWER RD City: RAYMOND State/Province: MAINE ZIP Code: 04071-6440 Country: UNITED STATES E=NITIll SPX CORPORATION Status:Active DUNS: 114367852 +4: CAGE Code: 35BR4 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 5620 WEST RD City: MC KEAN State/Province: PENNSYLVANIA ZIP Code: 16426-1504 Country: UNITED STATES ENITIhTiY SPX CORPORATION Status:Active DUNS: 785837683 +4: CAGE Code: 60488 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 3827 RIVERSIDE RD City: RIVERSIDE State/Province: MICHIGAN ZIP Code: 49084-0000 Country: UNITED STATES E=NITIITkY SPX CORPORATION Status:Active DUNS: 006024129 +4: CAGE Code: 1 FJQ6 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 13515 BALLANTYNE CORPORATE PL City: CHARLOTTE State/Province: NORTH CAROLINA ZIP Code: 28277-2706 Country: UNITED STATES ENITill SPX CORPORATION Status:Active DUNS: 099262552 +4: CAGE Code: 93929 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 154 PORTLAND RD City: BRIDGTON State/Province: MAINE ZIP Code: 04009-4224 Country: UNITED STATES September 27, 2013 6:09 PM Pagel of 2 11ENTIPY SPX CORPORATION Status:Active DUNS: 062875943 +4: CAGE Code: 82001 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 300 FENN RD City: NEWINGTON State/Province: CONNECTICUT ZIP Code: 06111-2244 Country: UNITED STATES IEN:TITY " SPX CORPORATION Status:Active DUNS: 805372372 +4: CAGE Code: 1Q548 DoDAAC: Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 5775 ENTERPRISE DR City: WARREN State/Province: MICHIGAN ZIP Code: 48092-3463 Country: UNITED STATES September 27, 2013 6:09 PM Page 2 of 2 FEDERALLY REQUIRED AND OTHER MODEL CLAUSES APPLICABILITY OF THIRD PARTY CONTRACT CLAUSES (excluding micro -purchases, except for construction contracts over $2,000) 9/27/13: SPX Genfare Integrator OEM Licensing TYPE OF PROCUREMENT X Clause Professional Operations/ Rolling Stock Construction Materials & ©©© Services/A& E Management Purchase Supplies No Federal Government Obligation To Third Parties X All All All All All (by Use of a Disclaimer False Statements or Claims All All All All All Civil and Criminal Fraud X Access To Third Party All All All All All Contract Records X Changes to Federal All All All All All Requirements X Termination X All All All All All Civil Rights Title VI, EEO, ADA NA >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Disadvantaged Business All All All All All Enterprises (DBEs) X Incorporation of (FTA) Terms X All All All All All Suspension and Debarment NA >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America NA >$100,000 >$100,000 >$100,000 Resolution of Disputes, Breaches, or Other Litigation NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Lobbying NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Water NA >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Cargo Preference NA All All All Fly America Involves foreign Involves foreign air Involves foreign Involves foreign Involves foreign air NA transport or travel transport or travel air transport or air transport or transport or travel b air travel travel Davis -Bacon And Copeland Anti- NA >$2,000 (including Kickback Acts ferry vessels) Contract Work Hours And Safety NA >$2,500 (except >$2,000 (including Standards Act transportation >$2,500 ferry vessels) services) Bonding NA $100,000 Seismic Safety NA A & E for New Buildings & New Buildings & Additions Transit Employee Protective NA Transit Operations Agreements Charter Bus NA All School Bus NA All Drug Use - Testing and Alcohol NA Transit Operations Misuse - Testing Patent Rights and Rights in Data NA Research & and Copyright Requirements Development Energy Conservation X All All All All All Recycled Products Contracts for items Contracts for items Contracts for items designated by designated by designated by NA EPA, when EPA, when EPA, when procuring $10,000 procuring $10,000 procuring $10,000 or more per year or more er ear or more per year Conformance With ITS National Architecture X ITS Projects ITS Projects ITS Projects ITS Projects ITS Projects ADA Access NA A & E All All All All Bus Testing NA All Pre -Award And Post Delivery NA Audits All