Okaloosa County BOCC — February 4, 2014 — Purchasing Forms — reading text

request the relief to which the protestant deems itself entitled. Failure to file a written notice of protest within the time period specified shall result in relinquishment of all rights of protest by the vendor. BUY AMERICA POST DELIVERY CERTIFICATION The undersigned Okaloosa County employee certifies that he/she has inspected the below listed vehicle for compliance with Title 49 of the CFR, Part 663 (Buy America). This assures that at least 60% of the total costs of all components in the completed vehicle were secured from manufacturers in the United States and that final assembly of the vehicle took place in the United States, unless an attached waiver from the Federal Transit Administration is included. This provision does not apply to purchases with a total contract price of $100,000.00 or less. Date Vehicle Description VIN # Vendor/Source Purchasing Employee Name (Printed/Typed) Signature Okaloosa Coordinated Transit Employee Name (Printed/Typed) Signature GOVERNMENT DEBARMENT AND SUSPENSION INSTRUCTIONS 1, By signing and submitting this proposal, the prospective low tier participant is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. lf it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,” "debarred,” "suspended," “ineligible,” “lower tier covered transaction,” “participant,” “person,” "primary covered transaction,” “principal,” "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with whom this transaction originated. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions” without modification in all tower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List (Telephone Number). Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with whom this transaction originated may pursue available remedies, including suspension and/or debarment. 75 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 49 CFG Part 29, Participants’ Responsibilities. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ABOVE) {1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Date PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq and U.S, DOT regulations, "Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification, the Federal government reserves the right fo impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious or fraudulent claim, statement, submission or certification to the Federal government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the government reserves the right to impose the penalties of 18 U.S.C. § 1001 and A9 U.S.C. § 5307(n}(1) on the Contractor, to the extent the Federal government deems appropriate. FEDERAL TRANSIT ADMINISTRATION Provisions, Certifications, Reports, Forms, and Other Source: FTA C 4220.1F Appendix D List of Clauses and Provisions Required by Federal Laws and Regulations PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER — MATRICES A. THIRD PARTY CONTRACT PROVISIONS (Continued) (excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000) MASTER AGREEMENT PROVISION COMMENTS REFERENCE (based on FA MA(17) 10-1-2010) Transport of Property or Persons When acquiring property suitable for Cargo Preference shipment by occan vessel. § 14.b When property or persons are transported by Fly America air between U.S, and foreign destinations, or § 4c belween foreign locations, Construction Activities Construction Exipioy ce Protections For contracts exceeding $2,000. § 24.a(1) For contracts exceeding $100,000. Construction Employee Protections As of February 2011, the OMB Office of ~Contract Work Hours & Federal Financial Management has not § 24.a(2) Safety Standards Act adopted the FAR clause 2.101 $150,000 simplified acquisition threshald standard. Construction Employee Protections All contracts ~ See. 5 ooh end ape Act All construction contracts exceeding $2,000. § 24.0(3) 5% bid guarantee bond, 100% performance bond, Bonding for Construction Activities Payment band equal to: § 15.0(1) Exceeding $100,000 — 50% for contracts < $1M, ‘ ~ 40% for contracts >$1M ~ < $5M, —$2.5M for contracts > $5M. sereat Construction contracts for new buildings or Seismic Safety for existing buildings. $23.0 Nonconstruction Activities For all tumkey, roiling stock, and operational contracts (except (ransporiation Nonconstruction Employee Protection services contracts and open market ~ Contract Work Hours & contracts) execeding $100,000, §24.b ” Safe Standards Act As of February 2011, the OMB Office of . y Federal Financial Management has not adopted the FAR clause 2.101 $150,000 simplified acquisition threshold standard. Transit Operations Transit Employee Protective § 24.d Arrangements Charter Bus Operations § 28 School Bus Operations § 29 Drug Use and Testing Safety sensitive functions. § 32.b Alcohol Misuse and Testing Safety sensitive functions. § 32.b PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER -- MATRICES A. THIRD PARTY CONTRACT PROVISIONS (excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000) PROVISION COMMENTS MASTER AGREEMENT REFERENCE (based on FA MA(17) 10-1-2010) AIL FTA Assisted Third Party Contracts and Subcontracts No Federal Government Obligations §2.f to Third Parties (Use of Disclaimer) . False or Fraudulent Statements or §3.f Claims — Civil and Criminal Fraud ~ ‘ Access to Third Party Contract § 15.t Records . Changes to Federal Requirements § 2.c(1) Civil Rights (Title VI, ADA, EEO (except special DOL construction § 12 clause) ) Disadvantaged Business Enterprises Contract awarded on the basis ofa § 12d (DBEs) bid/proposal offering to use DBEs. ‘ Incorporation of FTA Terms Per FTA C 4220.1F. § 15.a Awards Exceeding $10,000 Terminations 1£49 CFR Part 18 applies. § 11 and § 15.a, which incorporate 49 CER Part 18 Special EEO provision for construction contracts 1f49 CFR Part 18 or Part 19 indicate that the DOL EEOC regulations at 41 C,F.R, Chapter 60 apply. § 15.a, which incorporates 49 CFR Part 18 and Part 19 Awards Exceeding $25,000 Debarment and Suspension §3.b Awards Exceeding the Simplified Acquisition Threshold ($100,000) (As of February 2011, OMB has not to date adopted the FAR clause 2.108 $150,000 standard for grants.) . When tangible property or Buy America construction will be acquired. § Ida Resolution of Disputes, Breaches, or § 56 Other Litigation Awards Exceeding $100,000 by Statute As of February 2011, (he OMB Office of Lobbyi Federal Financial Management has not §3.d OOnYINE adopted the FAR clause 2.101 $150,000 ‘ simplified acquisition threshold standard. Clean Air §25.b Clean Water § 25.¢ PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—-MATRICES D, OTHER MATTERS STATUTORY OR OTHER MATTERS COMMENTS REGULATORY REFERENCES ae 49 CER § 18.36(bX2) Contract Administration System 49 CER § 19.47 . _ 49 CFR § 18.36(b)(9) Record of Procurement History 49 CFR § 19.47 Protest Procedures 49 CFR § 18.36(b)(12) Selection Procedures 49 CFR § 18.36(¢)(3) . 49 CER § 18.36(f) Cost/Price Analysis 49 CER § 19.45 Justification for Noncompetitive . 49 CFR § 18.36(b)(9) by implication Awards If Applicable. 49 CER § 19.46(b) No Excessive Bonding Requirements 49 CFR § 18.36(h) 49 CFR § 19.48(c)(5) No Exclusionary Specifications 49 U.S.C, § 5325(h) _|| No Geographic Preferences Except for A&E Services 49 CFR § 18.36(c)(2) PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES C. CERTIFICATIONS, REPORTS, AND FORMS CERTIFICATIONS, REGULATORY REPORTS, AND FORMS COMMENTS REFERENCE All procurements of new miodel transit buses Bus Testing Certification and vans and existing models being modified 49