Okaloosa County BOCC — May 17, 2013 — Procurement Manual PROPOSED Transit Language 4-22-13 — reading text

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from Use The BCC will notify FTA immediately when any Project real property, equipment, or supplies are prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss.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FTA, the BCC will remit to FTA its share of the fair market value of real property, equipment, or supplies prematurely withdrawn from appropriate use.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 The BCC agrees that the fair market value of the property prematurely withdrawn from use will be calculated as outlined in the U.S. DOT FTA Master Agreement.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  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 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  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 23  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 24  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 25  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 26  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 27  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 28  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 29  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 30  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 31  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 32  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 33  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 34  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 35  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 36  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 37  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 38  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 39  APPENDIX A FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 40  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS UNDER 49 CFR, PARTS 18 AND 19, AND CIRCULAR 4220 BUY AMERICA - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661 which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder or offeror must submit to the FTA recipient (Okaloosa County) the appropriate Buy America certification (below) with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as non-responsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1), but it may qualify for an exemption pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Certification requirement for procurement of buses, other rolling stock and 41  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS associated equipment Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 CFR Part 661. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C), but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations of 49 CFR 661.7. Date Signature Company Name Title Post Delivery Certification (refer to Form Appendices) will be completed by Okaloosa County employees upon delivery of vehicles. BUS TESTING - The contractor (manufacturer) agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following: 1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle. 2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 42  FTA PROVISIONS, CERTIFICATIONS, REPORTS, FORMS AND OTHERS 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. Certification of Compliance with FTA's Bus Testing Requirements The undersigned (contractor/manufacturer) certifies that the vehicle offered in this procurement complies with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665. The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29. Date Signature Company Name Title LOBBYING - The undersigned (contractor) certifies, to the best of his or his knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions (as amended by "Government wide Guidance for New Restrictions on