milwaukee transport services operator of the milwaukee ... · 3. proposal/quote from the successful...

MILWAUKEE TRANSPORT SERVICES Operator of the Milwaukee County Transit System

1942 NORTH 17TH STREET MILWAUKEE, WI 53205 414.937.3293 / [email protected]

QUOTE # Q95-01-20: CRANE AND HOIST INSPECTION

RELEASED JANUARY 24TH , 2020

Milwaukee Transport Services, Inc (MTS), operator of the Milwaukee County Transit System (MCTS), is seeking QUOTES for ANNUAL CRANE AND HOIST INSPECTIONS per Specification No. FM-04-20.

UNTIL 2:00 P.M. – FEBRUARY 20TH, 2020

Requirements: Annual Crane and Hoist Inspection per Specification FM-04-20. Must comply with OSHA Standard 1910.179 (J), (2), (3). Specifications: To comply with Specification FM-04-20. Contract Term: This is a two (2) year firm fixed price contract from March 1st, 2020 through February 28th, 2022. How to Quote and Award of Contract: Quote a price per JOB which includes inspection of all thirty-one (31) assets located at the three (3) locations listed in the attached Specification No. FM-04-20. Your quote must be an aggregate quote and NOT a quote per individual piece. Award will be made to the lowest responsible bidder complying with the specifications and will be based on what is deemed in the best interest of Milwaukee Transport Services, Inc. All responses must be returned in a sealed envelope provided by the vendor with the quote number Q95-01-20 for ANNUAL CRANE AND HOIST INSPECTION clearly marked on the outside of the envelope and received by FEBRUARY 20TH, 2020 – 2:00PM CST. If quotes are returned via Federal Express or UPS, the outer envelope must also be clearly identified with the bid number & title as stated above. Faxed or emailed bids shall not be allowed or accepted. Milwaukee Transport Services, Inc., reserves the right to make an award based on its own determination, or to reject any or all quotes or portions of same, if in the opinion of MTS, the best interests of Milwaukee Transport Services, Inc., will be serviced thereby. Successful firm shall be required to comply with Executive Order 82.2, dated May 28, 1982, Non-Discrimination Milwaukee County Contracts, and must provide proper documentation for approval by the EEO Compliance Auditor, prior to award of contract. Any questions regarding this Request for Quote shall be directed in writing to the Purchasing Agent listed on the front page

Right to Reject: MTS reserves the right to make an award based on its own determination, or to reject any or all quotes or portions of same, if in the opinion of MTS, the best interest of MTS will be served thereby.

Question Deadline: Questions regarding this solicitation document MUST be submitted to Jason Ross via e-mail to [email protected] and received no later than FEBRUARY 6TH, 2019 – 4:30 p.m. CST. A walk through to view the cranes will be held on THURSDAY, FEBRUARY 6, 2020 at 9:00 AM.

Meet at the Fleet Maintenance building conference room located at 1525 W. Vine St.

Waiver of Informalities: In its sole discretion, MTS may waive informalities or minor

irregularities in quotes received.

Continuation Clause: Contractor recognizes that the services under this contract are vital to MTS and to the public and must be continued without interruption. Contractor agrees that MTS, in its sole discretion, and by written notice to Contractor at least 30 days prior to contract expiration, may extend this Agreement for up to an additional 120 days. If so extended by MTS, Contractor shall continue to provide services under this Agreement, on the same terms as set forth in this Agreement. MTS may terminate any such extension by providing Contractor with 30 days’ notice. Contractor further agrees to exercise its best efforts and cooperation to affect an orderly and efficient transition to any successor Contractor.

Binding Contract: A quote received in response to this RFQ is an offer that can be accepted by Milwaukee Transport Services, Inc., to create a binding contract without negotiation with any Firm. Order of Precedence: An order of precedence is hereby formally established and will be used to

form a binding contract. The order is as follows:

1. Purchase Order.

2. All documents contained within and related to Q95-01-20.

3. Proposal/Quote from the successful vendor.

The order of precedence establishes that any conflict between the quote and the Purchase Order and/or Quote Documents, the Purchase Order and/or Quote Documents take precedence and control. Enclosures: 1. Specification FM-04-20

2. Quote Sheet 3. Signature Sheet 4. Insurance Minimums 5. EEOC CERTIFICATE 6. TERMS AND CONDITIONS

mailto:[email protected]

Documents to be returned:

• Quote Sheet

• Signature Sheet

• INSURANCE CERTIFICATION- Awardee will be required to provide insurance that meets the minimums listed in the Terms. The COI must list Milwaukee County and Milwaukee Transport Services as additional insured

• EEOC CERTIFICATION

SPECIFICATION

FOR

ANNUAL CRANE AND HOIST INSPECTION

FM-04-20

1) SCOPE AND CLASSIFICATION

a) Scope

i) Successful bidder shall provide the following to meet the criteria MTS requires for its

Annual Crane and Hoist Program. All items, features or services not specifically

mentioned which are necessary or normally provided, shall be furnished by the

successful bidder at the bid price and shall conform in quality of materials and

workmanship to that usually provided by the standard practices indicated in this

specification. Milwaukee County Transit System is managed and operated by

Milwaukee Transport Services, Inc. and shall be referred to as MTS hereinafter.

b) Classification

i) Qualifications of bidder relative to providing the OSHA related services as outlined in

OSHA Standard 1910.179 (J), (2), (3) and any other services required by Milwaukee

Transport Services, Inc. for its Annual Crane and Hoist Inspection Program.

c) REQUIREMENTS

i) Milwaukee Transport Services, Inc. expects the following items to be covered by

successful bidder under the inspection service:

(1) Inspect all equipment, oil/lube reservoir levels and report any excessive leakage.

(2) Visually inspect the sheaves, drums or pocket wheels, wheels and bearings for

general condition and proper lubrication. Lubricate all lubrication points

(sheaves bearings, fittings, etc.) as needed.

(3) Inspect the wire rope/load chain for any signs of kinking, crushing, cutting,

birdcaging, corrosion or any other unusual wear. Check the chain/rope for proper

reeling, lubrication and end connections.

(4) Visually inspect the loan block and hook for any excessive wear, such as bending,

twisting, cracks, grooves or increased throat opening.

(5) Visually inspect the external part of the hoists, trolley frames, catwalks and

handrails for loose bolts, broken parts, misalignments, broken welds or any other

unusual conditions.

(6) Check entire unit for smoothness of operation and proper controller

identifications.

(7) Open control boxes and check all contactors, relays, timers, etc., for proper

operation, lose or broken connections.

(8) Inspect safety devices, i.e. limit switches, for proper operation.

(9) Inspect external motor, couplings and wiring for wear and deterioration. Check

motor stator and windings and operations of all motors in general.

(10) Inspect general condition of the end stops, rail sweeps, drop lugs and

shock absorbing bumpers.

(11) Check loan brake for proper operation.

(12) Inspect motor brakes for proper operation or possible need of adjustment

or replacement of brake discs, studs, coils, shoes, etc.

(13) Inspect collector shoes, brushes or wheels for signs of arcing and/or wear.

(14) Itemized report per crane/hoist, detailing any defects found and proposed

corrective repairs, including labor and parts costs.

(15) Overall Inspection Report covering all facilities subject to the inspection

program.

(16) Potential safety hazards found during inspection shall be reported

immediately to designated person(s) as noted in the attached inventory sheet.

2) CRANE LOCATIONS AND NUMBERS

a) MTS currently has 31 Cranes, at three (3) locations that will need to be inspected:

i) Fleet Maintenance Facilities: 1525 W. Vine Street

ii) Fond du lac Garage: 2932 N. 35th Street

iii) KK Garage: 1710 S. Kinnickinnic Ave / Milwaukee, Wi. 53204

b) Fleet Maintenance - Unit Repair Crane

i) #1 thru 18 are P&H ½ Ton, P&H 1 Ton, and or P&H 2 Ton

c) Fleet Maintenance - Tire Shop

i) Crane #20 Pillar Jib Harnischfeger P&H 0.5t ECH

d) Fleet Maintenance - Mechanical Repair

i) Crane #21Pillar Jib P&H 1 Ton ECH (Brake Dept)

ii) Crane #22 Pillar Jib 1 Ton P&H ECH (Brake Dept)

iii) Crane #28Pillar Jib ½ Ton SPANCO 220lb Auto Winch Pittsburg/Brakes

iv) Crane #29Pillar Jib ½ Ton SPANCO 22olb Auto Winch/Pittsburg/Bay #34

v) Crane #30 Pillar Jib 3 Ton ECH P&H (Bay Door #46

e) Fleet Maintenance - Body Shop

i) Crane # 23 Pillar Jib .5 Ton ECH P&H

ii) Crane # 24 Pillar Jib 0.5 Ton ECH P&H

iii) Crane #25 Pillar Jib 0.5 Ton ECH P&H

f) Fleet Maintenance - Loading Dock

i) Crane #26 Monorail 5Ton EWRH P&H Dock Bay Door #56

g) Fleet Maintenance - Lab

i) Crane #31 Pillar Jib P&H 1 Ton ECH H&B

h) Fond du lac Garage/Mezzanine

i) 2t Budgit Monorail Trolley Electric Chain

i) KK Garage/Mezzanine

i) Monorail 1t ECH Coffing 1Ton

3) NOTES

a) Service and inspection shall be performed during normal business hours of 7:00-3:00

Monday through Friday.

b) For specific clarification, contact:

JASON ROSS

Purchasing Agent

[email protected]

Milwaukee Transport Services, Inc.

1942 N. 17th Street

Milwaukee, WI 53205

(414) 937-3293

mailto:[email protected]

8

QUOTE SHEET The undersigned Vendor proposes to provide the services herein described at and for the prices hereinafter named, according to specification above and if successful, hereby agrees to enter into an agreement with Milwaukee Transport Services, Inc. YEAR ONE- CRANE AND HOIST INSPECTION Price in Numbers: $______________________________________________________per JOB Price in Words: _________________________________________________________per JOB YEAR TWO- CRANE AND HOIST INSPECTION Price in Numbers: $______________________________________________________per JOB Price in Words: _________________________________________________________per JOB Additional costs will not be accepted without prior approval of MTS Procurement Department Vendor name: ________________________________________ Vendor email contact: ___________________________________ Vendor DUNS number: __________________________________

9

SIGNATURE SHEET CASH DISCOUNT: Cash invoice discount for payment of invoices following receipt and acceptance of goods or services _________% 30 days. DELIVERY: Price shall include delivery, FOB destination freight prepaid to Milwaukee Transport Services, Inc., 1525 W. Vine St., Milwaukee, WI 53205, unless otherwise noted in this solicitation. BY SIGNING THIS QUOTE, YOU ARE AGREEING WITH FOLLOWING STATEMENTS:

1. This QUOTE has been made without any connection with any other bidder and is in all respects fair and without collusion or fraud.

2. This QUOTE has been made with the understanding that no elected officer/employee of

Milwaukee Transport Services, Inc., or Milwaukee County is interested therein, directly or indirectly.

3. The specifications for this QUOTE have been read and understood. 4. Your company has never defaulted on any contract with Milwaukee Transport Services, Inc., or

Milwaukee County. In signing and submitting this quote, the proposer assures Milwaukee Transport Services, Inc., that the furnishing of the subject materials, services or equipment is under his/her control and accepts and has read all the Terms and Conditions of MTS, of this quote and all of its documents. If the proposer’s performance, in the event he/she is successful is contingent upon the act of another party, the proposer assures MTS that he/she has the necessary commitments to complete the contract which may be awarded him/her. Date: _____________ Submitted by: _______________________________________________________ Name of firm: _______________________________________________________ Address of firm: ______________________________________________________ Signed per: __________________________________________________________ (Manual signature required) Print name: __________________________________________________________ Title: ___________________________ Email: ______________________________ Telephone: _______________________ Fax: ____________________________ DUNS #: ________________________ ____No bid at this time ____Please retain on bidder list

10

Insurance Minimums Insurance:

Contractor agrees to maintain policies of insurance and proof of financial responsibility to

cover costs as may arise from claims for damages to property of and/or claims which may

arise out of or result from Contractors activities, by whomever performed, in such coverage

and amounts as required and approved by MTS. Acceptable proof of such coverage shall be

furnished to MTS prior to commencement of activities under this agreement. A Certificate of

Insurance inc lud ing dec l a ra t ions page, shall be submitted for review for each

successive period of coverage for the duration of this agreement, unless otherwise specified by

MTS, in the minimum amounts specified below.

Contractor shall provide evidence of the following coverages and minimum amounts:

Type of Coverage Minimum Limits

Wisconsin Workers’ Compensation and

Employer’s Liability & Disease

Statutory/Waiver of Subrogation

$100,000/$500,000/$100,000

General Liability

Bodily Injury and Property Damage to

include: Personal Injury, Fire, Products and

Completed Operations

$1,000,000 Per Occurrence

$2,000,000 Aggregate

Automobile Liability

Bodily Injury and Property Damage

All Autos

$1,000,000 Per Accident

Professional Liability

Refer to Additional Provision A.1.



Umbrella Liability

Policy will follow form to underlying

Employer’s, General, and Automobile

Liability policies



Milwaukee Transport Services, Inc (MTS) and Milwaukee County shall be named as an

Additional Insured on the General and Automobile L iability policies as respects the services

provided in this agreement. A Waiver of Subrogation shall be afforded to MTS on the

11

Workers' Compensation policy. A thirty (30) day written notice of cancellation or non-renewal

shall be afforded to Milwaukee County.

The insurance specified above shall be placed with a Carrier approved to do business in the

State of Wisconsin. All carriers must be A rated or better per AM Best's Rating Guide. Any

requests for deviations from or waivers of required coverages or minimums shall be submitted

in writing and approved by MTS’s Risk Manager as a condition of this agreement.

A.1. Professional Liability – Additional Provision.

Contractor agrees to provide additional information on its professional liability coverage as

respects policy type, i.e. errors and omissions for consultants, architects, and/or engineers, etc.;

applicable retention levels; coverage form, i.e. claims made, occurrence; discover clause

conditions, and effective retroactive and expiration dates, to MTS’s Procurement Department as

may be requested to obtain approval of coverage as respects this section.

It is understood and agreed that coverage which applies to the services inherent in this agreement

will be extended for two (2) years after completion of all work contemplated on this project if

coverage is written on a claims-made basis.

The undersigned certifies and represents an understanding of MTS’s Insurance and

Indemnification requirements. The undersigned acknowledges that MTS is, in part, relying on the

information contained in this Proposal document in order to evaluate and compare the response to

the RFP.

__________________________________________

Contractor’s Name

__________________________________________

Title

__________________________________________

Signature

__________________________________________

Date

12

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATE FOR MILWAUKEE COUNTY CONTRACTS In accordance with Section 56.17 of the Milwaukee County General Ordinances and Title 41 of the Code of Federal Regulations, Chapter 60, SELLER or SUCCESSFUL BIDDER or CONTRACTOR or LESSEE or (other-specify) _______________________________________ (henceforth referred to as VENDOR), certifies to MILWAUKEE COUNTY as to the following and agrees that the terms of this certificate are hereby incorporated by reference into any contract awarded. Non-Discrimination VENDOR certifies that it will not discriminate against any employee or applicant for employment because of race, color, national origin, age, sex or disability, which includes, but is not 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. VENDOR will post, in conspicuous places available to its employees, notices to be provided by the County setting forth the provisions of the non-discriminatory clause. A violation of this provision shall be sufficient cause for the County to terminate the contract without liability for the uncompleted portion or for any materials or services purchased or paid for by the contractor for use in completing the contract. Affirmative Action Program VENDOR certifies that it will strive to implement the principles of equal employment opportunity through an effective affirmative action program, which shall have as its objective to increase the utilization of women, minorities, and persons with disabilities and other protected groups, at all levels of employment in all divisions of the seller, successful respondent or contractor’s work force, where these groups may have been previously under-utilized and under-represented. Non-Segregated Facilities VENDOR certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location under its control where segregated facilities are maintained. Subcontractors VENDOR certifies that it has obtained or will obtain certifications regarding non-discrimination, affirmative action program and non-segregated facilities from proposed subcontractors that are directly related to any contracts with Milwaukee County, if any, prior to the award of any sub-contracts, and that it will retain such certifications in its files. Reporting Requirements Where applicable, VENDOR certifies that it will comply with all reporting requirements and procedures in Title Code 41 Code of Federal Regulations, Chapter 60.

13

Affirmative Action Plan VENDOR certifies that, if it has 50 or more employees, it has filed or will develop and submit (within 120 days of contract award) for each of its establishments a written affirmative action plan. Current affirmative action plans, if required, must be filed with ANY one of the following: The Office of Federal Contract Compliance Programs, or the State of Wisconsin, or the Milwaukee County Department of Audit, Milwaukee County - City Campus, 9th Floor, 2711 W. Wells Street, Milwaukee, Wisconsin 53208. If a current plan has been filed, indicate where filed and the year covered . Please provide proof of your AA Plan approval. VENDOR will also require its lower-tier subcontractors who have 50 or more employees to establish similar written affirmative action plans. Employees VENDOR certifies that it has employees in the Standard Metropolitan (No. of Employees) Statistical Area (Wisconsin Counties of Milwaukee, Waukesha, Ozaukee and Washington) and _______ employees in total. (Total No. of Employees) Compliance VENDOR certifies that it is not currently in receipt of any outstanding letters of deficiencies, show cause, probable cause, or other notification of noncompliance with EEO regulations. Executed this day of 20 by: Name and Title:________________________________________________________________ Firm Name: ___________________________________________________________________ Address:______________________________________________________________________ City/State/Zip:__________________________________________________________________ Telephone:________________________________FAX: _______________________________ WARNING: An unsigned form shall be considered as a negative response. By___________________________________________________________________________ (Signature) ______________________________________________________________________________ (Please Print Name Here)

December 16, 2019

MILWAUKEE COUNTY TRANSIT SYSTEM IS OPERATED AND MANAGED BY

MILWAUKEE TRANSPORT SERVICES, INC. (MTS)

T E R M S A N D C ON D IT ION S F OR Q U OTA T ION

C alcu lation of time in days and hours shall exclude S aturd ays, Sundays and major h olidays.

1. A w ard A ward will be made to the lowest resp onsive, resp onsible vendor meeting specifications. M T S reserves the right to award a separate contract for each item unless otherwise specified in the quote; any group of items; or to reject any or all quotes or any portion of any or all quo tes.

2. Facsimile Transmission

V endors choosing to use facsimile equipment to transm it pro posals d o so at their own risk. M ilwaukee T ransp ort Services, Inc., accepts no re sponsibility for facsimile equipm ent being used as a respo nsible means of transmitting and/or receiving documents. M ilwaukee T ransport Services, Inc., cannot and does not guarantee that the facsimile equipment will always be working or available for the receipt of quo tes.

3. D elivery Terms

Q uotes shall include delivery costs to the specified delivery po int, all transportation charges prepaid and bo rne by you.

4. Ta xes M T S is exempt from Fed eral E xcise T axes and W isco nsin State Sales T ax. Q uo tes shall be sub mitted witho ut such taxes.

5. C ode of Ethics

T he M ilwaukee C ounty Code of Ethics states in p art, "N o person may offer to give to any P ublic o fficial or employee or his immediate fam ily, and no P ublic official or em ployee or his immed iate fam ily m ay solicit o r receive anything o f value pursuant to an understand ing that such officers or employees' vo te, official actions or judgment wo uld be influenced thereby."

6. Funds

If fun ds are not ap prop riated for payment of this co ntract, P urchaser may terminate co ntract at the end of any fiscal year upon 3 0 d a ys written notice.

M T S operates the transit system for, and under an agreement with, M ilwaukee C ounty, W isconsin. A ll multi-year co ntracts / agreements with M T S are co ntingent upo n M ilwaukee C ounty retaining M T S as the operator of the transit system . T he continuation of this agreem ent beyond D ecember 3 1 of any given year, shall be contingent up on M T S receiving the necessary funding from the go vernment agency.

7. Independent C ontractor

N othing contain e d in the Agreement shall constitute or b e construed to create a partnership or joint venture between M T S, Inc. or its successors and the C ontractor or its successors or assigns. In entering into this Agreement, a nd in a c ting in compliance herewith, C ontractor is at all times acting and performing as an indep end ent C ontractor, duly authorized to perform the acts required of it hereunder.

8. R etention of R ecords

C ontractor agrees to retain all records related to this contract for a period of at least three years from final date of payment of this contract

9. A udit of R ecords C ontractor shall permit the authorized representative of the M ilwaukee C ounty Auditor, after reasonable notice, the right to inspect and audit all data and record s of Contractor related to carrying out the contract for a period of up to three years after completion of the contract. If subcontracts and/or associates are utilized, prime contrac to r sh all have a written contractual agreement with County approved subco ntractors and/or associates which bind the subco ntractor to the same aud it contract terms and conditions as the prime C ontractor.

10. N on-D iscrimination

T he contractor, lessee, offeror, supplier, purchaser, etc., agrees not to discrimina te a ga inst any employee or app licant for emp loyment because of race, religion, color, national origin, age, sex, o r ha nd icap , which include, but not limited to: recruitment or recruitment advertising; employment; upgrading; demotion or transfer, layoff or termination; rates of pay or other forms of compensation; selection for training, including ap prenticeship. A violation of this provision shall be sufficient cause for M T S to terminate the co ntract, lease, ord er, etc. pursuant to C ounty O rdinance 5 6.17 - N on D iscriminatory Contracts.

11. D isadvantaged B usiness E nterprise

T he contractor, sub recipient o r subcontractor shall not d iscriminate o n the basis o f race, co lor, national o rigin, o r sex in the performance of this contract. T he contractor shall carry out applicable requirements of 49 C FR part 26 in the award and administration of D O T assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

12 . T ermination for C onv enience

M T S m ay terminate this co ntract, in whole or in p art, at any time by written notice to the C ontractor when it is in M T S’s b est interest. T he C ontractor shall be paid its co st, including contract close-o ut c o sts, a nd pro fit on work performed up to the time of termination. T he C ontractor shall prom ptly subm it its termination claim to M T S to be paid the C ontractor. If the C ontractor has any prop erty in its possession b elonging to M T S, the C ontractor will acco unt for the sam e and dispose o f it in the m anner M T S directs.

13. T ermination fo r D efa ult If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract for services, the Contractor fails to perform in the manner called for in the contract, or if the C ontractor fails to comply with any other provisions of the contract, MTS may terminate this contract for default. T erm ination shall be effected by serving a no tice of term ination on the C ontractor setting forth the manner in which the Contractor is in default. T he contractor will only be paid the contract price for supplies delivered and accepted, or services perform ed in accord ance with the manner o f perform ance set forth in the contract.

If it is later determined by M T S that the C ontractor had an excusable reason for not p erforming, such as a strike, fire, or floo d, events which are not the fault of or are beyond the control of the Contractor, M T S after setting up a new delivery of performance schedule, may allow the C ontractor to continue work, or treat the termination as a termination for convenience.

14. Employee’s R ight to K now

It is a direct co ndition of the terms of this p ro posal that if there b e any to xic substances, materials, or infectious agents, the offero r shall supply co pies of material safety data sheets in accord ance with W isconsin Statutes, C hapter 3 64.

15 . B rand N am es

In all cases, materials must be furnished as specified, but where brand names are used consider the term “or approved equal” to follow unless no substitute is allowed . H owever, written ap proval of any p rop osed substitution must be ob tained by vendo r prior to submitting quote.

REQUIRED THIRD-PARTY CONTRACT CLAUSES

All FTA-Assisted Third-Party Contracts and Subcontracts except for micro-purchases, defined as purchases under $3,000

CATEGORIES OF FEDERAL REQUIREMENTS

COMMENTS MASTER AGREEMENT

REFERENCES

No federal government obligations to third-parties by use of a disclaimer

§2.f

Program fraud and false or fraudulent statements and related acts

§3.f

Access to Records §15.o

Federal changes §2.c(1)

Civil Rights (EEO, Title VI & ADA) §12

Termination provisions

Contracts >$10,000(49 CFR §18). For contracts with nonprofit organizations and institutions of higher education, the threshold is $100,000.

§15.a

Debarment and Suspension

apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. Grantees, contractors and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or © Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.

§3.b

Disadvantaged Business Enterprises (DBEs) Contracts awarded on the basis of a bid or proposal offering to use DBEs

§12.d

Incorporation of FTA Terms Per FTA C 4220.1F §15.a

Awards Exceeding the Simplified Acquisition Threshold ($100,000) 49 CFR §29



REFERENCES

Buy America When tangible property or construction will be acquired

§14.a

Provisions for resolution of disputes, breaches, or other litigation

§43

Awards Exceeding $100,000 by Statute

CATEGORIES OF FEDERAL REQUIREMENTs


REFERENCES

Lobbying §3.d

Clean Air §25.b

Clean Water §25.c

Transport of Property or Persons except for micro-purchase, defined as purchases under $3,000



REFERENCES

Cargo Preference When acquiring property suitable for shipment by ocean vessel

§14.b

Fly America

When property or persons transported by air between U.S. and foreign destinations, or between foreign locations

§14.c

Construction Activities



REFERENCES

Construction Employee Protections ! Davis Bacon and Copeland

Anti-Kickback Act ! Contract Work Hours & Safety

Standards Act

Except for contracts <$2,000

Except for contracts < $100,000

§24.a

Bonding for construction activities exceeding $100,000

5% bid guarantee; 100% performance bond; and Payment bond equal to: ! 50% for contracts < $1 M ! 40% for contracts > $1 M, but < $5 M ! $2.5 M for contracts > $5 M

§15.m(1)

Seismic safety

Contracts for construction of new buildings or additions to existing buildings except for micro- purchases, defied a purchases under $3,000

§23.e

Non-construction Activities



REFERENCES

Nonconstruction Employee Protection (Contract Work Hours and Safety Standards Act)

projects that employ ”laborers or mechanics on a public work.” These non-construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5 ©) must be added to the basic clause.

§24.b

Transit Operations



REFERENCES

Transit Employee Protective Arrangements §24.d

Charter Service Operations §28

School Bus Operations §29

Drug and Alcohol Testing Safety sensitive functions §31.b

Planning, Research, Development and Documentation Projects except for micro-purchases, defined as purchases under $3,000



REFERENCES

Patent and Rights in Data §17,§18

Acquisition of Rolling Stock/turnkey except for micro-purchases, defined as purchases under $3,000



REFERENCES

Bus Testing §15.1(4)

Pre-Award and Post-Delivery Audit §15.1(3)

Miscellaneous Special Requirements except for micro-purchases, defined as purchases under $3,000



REFERENCES

Energy Conservation §26

Recycled Products Contracts for items designated by EPA, when procuring $10,000 or more per year

§15.g

Privacy Act

Administering records system (e.g., drug and alcohol program) on behalf of federal government (5USC 552)

Conformance with National ITS Architecture Contracts and solicitations for ITS projects §15.p

ADA Access Contracts for rolling stock or facilities construction/ renovation

§12.g

Awards Exceeding $500,000



REFERENCES

Notification of Federal Participation §15.n

SR37 (7/04)