Okaloosa County BOCC — May 17, 2013 — reading text

entered into for any period beyond 5 years, with the exception of land or property leases, which may be extended beyond 5 years (see reference above in section on Maximum Length of Service and/or Supply Contracts); ¾ the BCC will use competitive selection procedures for award of such contracts; and ¾ the BCC will not exclude Disadvantaged Business Enterprises (DBEs) from participating in business opportunities by entering into long-term, exclusive agreements with non-DBEs for the operation of major transportation-related activities or major activities for the provision of goods and services. B. Cost Plus Percentage Prohibited. The BCC will not contract using this method. The Common Grant Rules expressly prohibit the use of the cost plus a percentage of cost and cost plus a percentage of construction cost methods of contracting. C. Use of Time and Materials Type Contracts Restricted. The BCC will not contract using this method. The Common Grant Rule for governmental recipients permits the use of time and material contracts only: When to Use. After determining that no other contract type is suitable; and Firm Ceiling Price. If the contract specifies a ceiling price that the contractor may not exceed except at its own risk. XII. Performing Independent Cost Estimates; Cost and or Price Analyses A. Independent Cost Estimate An independent cost estimate (ICE) for all procurements shall occur for purchases $2,500.00 or more. The ICE is a tool to assist in the determination of the reasonableness or unreasonableness of a bid or proposal being evaluated. ICEs can range from a simple budgetary estimate to a complex estimate based on inspection of the product itself and review of items like drawings, specifications and prior data. The ICE is especially critical whenever there is no price competition (e.g., for architect-engineer procurements where only one price proposal is received), or where offerors are submitting price proposals for goods or services that are not exactly comparable (e.g., for procurements of high-technology items or professional services). It is also useful in competitive procurements to alert the agency when all competitors are submitting unreasonably high cost proposals. The County will conduct a cost or price analysis in connection with every Federal procurement action, including contract modifications. For small and micro purchases, refer to page 14, “G. Purchasing Procedures”. B. Profit The BCC will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To 19 Packet Pg. 196  5.13.b FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS Attachment: Procurement Manual PROPOSED Transit Language 4-22-13 [Revision 1] (1655 : FTA Requirements Appendix added to Purchasing establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. C. Federal Cost Principles ¾ Cost Plus Percentage of Cost-For construction, this cost method of contracting will not be used. The BCC will make every effort to ensure that all cost estimates included in negotiated prices are consistent with Federal cost principles. In doing so, the BCC will reference past and current cost principles that comply with applicable Federal cost principles. D. Remedies for Breach of Contract ¾ Liquidated Damages-The BCC may include a liquidated damages provision to its contracts, the BCC will credit any liquidated damages recovered to the project, unless FTA permits other uses of the liquidated damages. The rate and measurement standards will be calculated to reasonably reflect the costs should the standards not be met, and will be specified in the contract. ¾ Violation of Breach-Contracts over $100,000 will include provisions for remedies for violations or breach of contract. ¾ Suspension of Work-At any time and without cause, the BCC may suspend any portion of work for a period of not more than 90 days by notice in writing. ¾ Termination-Work performed under a contract may be terminated in part or in whole pursuant to the termination provisions in the contract which may include termination for convenience or for default. Termination for cause and termination for convenience provisions must be included in contracts exceeding $10,000. E. Termination Cost Analysis Contracts can be terminated for the convenience of the BCC or for cause (also called default). Contracts are usually terminated for convenience when the BCC no longer has a need for the service or products as they are specified in the contract, or when it is possible to substantiate that the contractor's performance is poor enough to terminate for cause. Contracts should be terminated for cause when the contractor fails to perform the contract as written. XIII. Purchasing / Leasing Buses with FTA Funds (Bus Testing) To the extent applicable, the BCC agrees to comply with the requirements of 49 U.S.C. § 5323(c) and FTA regulations, “Bus Testing,” 49 C.F.R. Part 665, and any revision thereto, for buses purchased or leased with FTA funds. the BCC will certify to FTA that any new bus model required to be tested has been tested at the FTA-sponsored test facility in Altoona, Pennsylvania. 20 Packet Pg. 197  5.13.b FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS Attachment: Procurement Manual PROPOSED Transit Language 4-22-13 [Revision 1] (1655 : FTA Requirements Appendix added to Purchasing A new bus model is a bus design variation of a bus design (usually designated by the manufacturer by a specific name and/or model number) that has not been in use in U.S. mass transit service prior to October 1, 1988, or that has been in service prior to that date, but is being procured with a major change in configuration or components. A new bus model must be tested. Bus testing requirements apply to different mass transit vehicles including vans, other small vehicles, medium-light-duty mid-size buses, and heavy-duty small and large buses. Bus testing does not apply to unmodified mass-produced vans, bus prototypes, some electric buses, or trolley buses (meaning genuine trolleys, not replica trolleys popular today). the BCC will maintain documentation in the procurement files to demonstrate how this requirement has been implemented. This documentation will indicate whether a bus model has been tested and whether testing is required. For buses that require testing, a copy of the test report must be obtained prior to acceptance of the buses and expenditure of Federal funds. XIV. Disposition of Property A. Premature Withdrawal of Property from Use The BCC will notify FTA immediately when any Project real property, equipment, or supplies are prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. Unless otherwise approved by the FTA, the BCC will remit to FTA its share of the fair market value of real property, equipment, or supplies prematurely withdrawn from appropriate use. The amount of Federal share in the property will be determined on the basis of the ratio of the Federal assistance awarded by the Federal Government for the property to the actual cost of the property. The BCC agrees that the fair market value of the property prematurely withdrawn from use will be calculated as outlined in the U.S. DOT FTA Master Agreement. B. Capital Inventory the BCC will conduct a physical inventory of equipment and reconcile the results with the equipment records every year. Documentation of the inventory and any reconciliation with equipment records will be kept until a triennial review of that inventory. XVI. References U.S. DOT FTA Circular 4220.1F - Third Party Contracting Requirements – November 2008 U.S. DOT FTA Master Agreement FY 2010 U.S. DOT FTA Best Practices Procurement Manual, Fourth Printing, February 1, 2000 21 Packet Pg. 198  5.13.b FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS Attachment: Procurement Manual PROPOSED Transit Language 4-22-13 [Revision 1] (1655 : FTA Requirements Appendix added to Purchasing U.S. DOT FTA Triennial Review Workbook, 2010 U.S. DOT FTA 49 C.F.R 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments U.S. DOT FTA Circular 5010.1D - Grant Management Guidelines, October, 2008 XVII. Miscellaneous - Federally Required and Other Model Contract Clauses Examples of Forms that may be used in Procurement Process Fair and Reasonable Determination Stamp Micro Purchase Form Small Purchase Form Requisition for Supplies Purchase Order Form Abstract of Bids Form Bid Opening Sign in Sheet 22 Packet Pg. 199  23 APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 5.13.b Packet Pg. 200 Attachment: Procurement Manual PROPOSED Transit Language 4-22-13