333.190 Inspection of purchased commodities; material …purchasing.nv.gov/uploadedFiles/purchasingnvgov/content... · Web viewThis shall be measured by drawing an imaginary vertical

State of Nevada Brian SandovalDepartment of Administration GovernorPurchasing Division515 E. Musser St., Room 300 Jeffrey HaagCarson City, NV 89701 Administrator

THE NEVADA STATE PURCHASING DIVISION IS SOLICITING BIDS FOR

A ONE (1) YEAR OPEN TERM CONTRACT FOR LOW FLOOR MINIVAN, CLASS D

INVITATION TO BID NO. 8609

F.O.B. Nevada Department of Transportation/Equipment Division-Stockroom, 310 Galletti Way, Sparks, NV 89431

Release Date: 12/07/17Vendor Questions Due: 12/19/17

Deadline for Submission and Opening Date and Time: 01/11/18 @ 2:30 PM PT

For additional information or to obtain a copy of this Invitation to Bid, please contact:Heather Moon, Purchasing Officer

(775) 684-0179(TTY for the Hearing Impaired: 1-800-326-6868 and ask the relay agent to dial (775) 684-0179)

See page 27, for instructions on submitting bids.

Company Name: ____________________________________________________________________

Contact Name: _________________________________________Title:________________________

Address: __________________________________________________________________________

City: ___________________________________________ State: ___________Zip: ______________

Telephone (_____) __________________________ Fax (_____) ____________________________

E-Mail Address: _____________________________________________________________________

While there are no set asides in the State of Nevada or preferences for Minority Business Enterprise, Women Business Enterprise and Small Business, we encourage those vendors to compete for state business at every opportunity and we make every effort to contact these businesses when opportunities arise, therefore if it is your judgment that your business fits within these categories, please check appropriate boxes.

Minority Owned Women Owned Small Business

Page 1 of 38

Revised 05/2012

TABLE OF CONTENTS

1. PROJECT OVERVIEW..................................................................................................................................3

2. ACRONYMS/DEFINITIONS.........................................................................................................................3

3. ITEM SPECIFICATIONS.............................................................................................................................23

4. PAYMENT......................................................................................................................................................26

5. BID SUBMITTAL INSTRUCTIONS...........................................................................................................27

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS..........................................................28

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS.................................................................30

ATTACHMENT A..............................................................................................................................................36

ATTACHMENT B...............................................................................................................................................37

ATTACHMENT C..............................................................................................................................................38

ITB No. 8609 Revised 05/2012 Page 2

In accordance with NRS 333.350(1), a contract may be awarded for separate items, portions or groups of items in the best interest of the State, as required.

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to, NRS 281A and the Governor’s Proclamation, which can be found on the Purchasing Division’s website (http://purchasing.nv.gov ).

1. PROJECT OVERVIEW

The purpose of this solicitation is to obtain competitive pricing for a one (1) year open term contract to provide Low Floor Minivans, Class D (equipment specifications outlined in Section 2) to the Department of Transportation for various federally funded programs in order to enhance the access of people in small urban and rural areas to health care, shopping, education, employment, public services and recreation; to assist in the maintenance, development, improvement and use of public transportation systems in rural and small urban areas. Paratransit vehicles shall be low floor mini vans capable of carrying in one trip at least three (3) ambulatory adult forward-facing seated passengers and two (2) passengers seated in mobility aids, in addition to the driver. The vehicles shall have the option to be equipped with a two (2) passenger cantilever seat so it is convertible to at least five (5) ambulatory passengers, plus the driver. The vehicles shall also be equipped with an ADA compliant ramp/lift.

All vehicles bid on must meet the latest Federal Safety Regulations and be manufacturer’s current listed model.

The State may award one (1) or more contracts in conjunction with this ITB. This contract will be for a one year period beginning on the date of award with the possibility of three one (1) year extensions provided the extension is in the best interest of the State. Price increases will not be allowed during the initial contract period.

Quantities specified herein are ESTIMATES of usage only; therefore, the State of Nevada, Division of Purchasing, SHALL NOT be obligated in any way whatsoever implied or otherwise to a definite quantity during the entire period of the contract.

NRS 332.195 provides local governments and political subdivisions of the State authority to utilize any resultant contract to purchase vehicles directly and issue their own purchase orders. Vendors shall invoice local governments and political subdivisions directly for vehicles purchased. The State is not liable for the obligations of any local government or political subdivision that uses any resultant contract. The State does not guarantee any number of vehicles will be purchased.

2. ITEM SPECIFICATIONS

Unless otherwise specified in this Invitation to Bid (ITB), reference to a specific manufacturer or a specific product or model in the bid specifications does not restrict bidders to that manufacturer, product or model. This method is used to indicate the functional requirements (e.g., type, design, characteristics, quality) of the article desired. Bids may be considered on other manufacturer’s products or other models determined by the Purchasing Division to be the functional equivalent of the product or model referenced.


http://purchasing.nv.gov/

GENERALComplies Yes____ No____The modification shall result in increased interior headroom and clearances and improved passenger accessibility provisions for persons with disabilities. The vans are to be converted in accordance with this specification. No modifications beyond the scope of this specification will be allowed. The van shall be a complete, operating vehicle, and, at a minimum, it shall conform in strength, quality of material and workmanship as provided by the automobile industry. The manufacturer shall be ISO 9001:2000 certified for the design, sale, manufacture of customized buses and multipurpose passenger vehicles. A copy of the certification must accompany the bid submittals. All parts added as a result of the modification process shall be new. The basic van must be a current model year, factory production vehicle which is cataloged by the OEM manufacturer and for which published literature and printed specifications are currently available.

This specification is intended for use in purchasing a completed vehicle(s) with all equipment and accessories needed for its operation. All parts, equipment, and accessories shall be completely installed, assembled and/or adjusted as needed/required.

APPLICABLE STANDARDS, LAWS AND REGULATIONSComplies Yes____ No____The vehicle shall conform in all respects to the following standards, laws, and regulations:

Federal Motor Vehicle Safety Standards (FMVSS) Code of Federal Regulations, Title 49, Chapter V-National Safety Bureau Americans With Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles, 49

CFR, Part 38, Subpart B-Buses, Vans and Systems State of Nevada Vehicle Code

CAPACITYComplies Yes____ No____This minivan shall be capable of carrying in one trip two (2) ambulatory adult forward-facing seated passengers and two (2) passengers seated in mobility aids, in addition to the driver. The vehicle must be convertible to at least five (5) ambulatory passengers, plus the driver. Conversion to a full ambulatory/mobility aid capacity will be achieved by the use of an "ADA, and FMVSS compliant center mounted, fold up seat.

ADDITIONAL CAPACITYComplies Yes____ No____An ambulatory passenger capacity that exceeds five (5) is desired, providing all specification requirements are met herein. Should a capacity larger than five (5) be offered, there shall be no additional price increase. No additional bid preference will be given.

MODIFICATIONComplies Yes____ No____This minivan shall be made ADA compliant through a modification whereby the vehicle floor area is cut from the engine firewall to the rear most passenger seat and lowered to meet minimum the ADA 56 inch door opening requirement. There shall be no extrusion to any portion of the vehicle roof in meeting the ADA 56 inch door-opening requirement. A manual, fold up mobility aid ramp is to be mounted on the curbside sliding door, and two mobility aid positions will be provided.


VEHICLE REQUIREMENTSComplies Yes____ No____All labor, parts, materials, and other items used shall be the best quality available in commercial practice.

a) All equipment is required to be new and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

b) Engineering changes and modifications shall conform to accepted practices of the Society of Automotive Engineers and other professional organizations, which may establish relevant standards.

c) The minivan interior and exterior shall be aesthetically pleasing.

d) All exposed metal shall be primed and painted. All metal shall be thoroughly cleaned and primed, including welded joints. Metal parts shall be free of dirt and rust.

CHASSIS AND PACKAGESComplies Yes____ No____The model shall be a Dodge Grand Caravan chassis with OEM option packages that at a minimum contain items listed in Sub Packages.

SUB PACKAGESComplies Yes____ No____Vendor shall provide a listing, published by the OEM, OEM chassis and packages with these items:a) Front and rear dual air conditioningb) AM/FM stereo with CDc) Dark tinted windowsd) Cruise controle) Tilt steeringf) Power door locks with remote keyless entry, and power windows on all side windows including

passenger and driver’s window, sliding doors and rear windows which pivot out electricallyg) Largest OEM cooling system availableh) Long wheelbasei) Day time running lightsj) Low back bucket seatsk) White clear coat monotone paintl) Largest OEM alternator available

VEHICLE WEIGHT REQUIREMENTSComplies Yes____ No____The vendor shall certify that all vehicles delivered shall not exceed the Original Equipment Manufacturer’s Gross Vehicle Weight Rating (GVWR) of the chassis, regardless of the installed options and seating configuration ordered. This shall be submitted with the bid.

a) The bidder shall submit passenger position loading schematics of engineering quality with the bid, which show the passenger seat positions. The schematics will show a chart with the ambulatory/mobility positions for each capacity, the equivalent weights, and compliance with the OEM


GVWR and Gross Axle Weight Rating (GAWR) ratings for the specified vehicle. All weight calculations shall be estimated as 150 lbs. per ambulatory and 250 lbs. per mobility aid passenger. Loading calculations must be made with a full tank of fuel. For the center folding seat 300 lbs (150 lb per passenger x 2) shall be used in lieu of the 250lb mobility aid passenger weight.

b) A copy of a weight certificate from a state certified scale (state of final builders location will be accepted for these purposes) showing the unladen weight of the vehicle, with a full fuel tank, as specified, must be submitted with the bid.

c) An additional weight detail breakout listing of engineering quality must be provided with the bid demonstrating GVWR compliance that separately lists:

1) The conversion base vehicle weight,

2) The specified passenger payload of at least two and three if available rear ambulatory, two middle ambulatory, one front wheelchair, plus driver,

3) The combined weight of all listed options,

4) The combined weight of all specified accessories (belts, fire extinguisher, first-aid kit, etc.) in this specification.

d) All required weight breakout listings will show compliance with the OEM GAWR ratings, front and rear.

List the manufacturer’s gross axle weight rating: Front: ___________Rear: ___________

e) NDOT reserves the right to request a state certified weight certificate, at vendor’s expense, for each vehicle equipped as ordered, at any time, during the build/delivery process. The weight certificate will show compliance with the OEM GVWR with all accessories and options installed. A State of Nevada certified weight slip will be required at time of inspection.

ENGINEComplies Yes____ No____ The gasoline engine shall be the largest available from the OEM. The engine shall be a current production model and match the year of the chassis.

TRANSMISSIONComplies Yes____ No____The vehicle shall have an automatic transmission, with a minimum four (4)-speed transmission with automatic overdrive.

RADIATOR AND COOLING SYSTEMComplies Yes____ No____The vehicle shall have the heaviest duty available radiator and cooling system, with a coolant recovery system factory installed, and with factory specified coolant.


HOODComplies Yes____ No____The hood lock release shall be inside the vehicle, easily identified and accessible to the driver.

FLUID MAINTENANCEComplies Yes____ No____The driver must be able to check and fill/top-off all fluid levels from inside the front hood. Dipsticks, filler caps, etc. will be clearly marked for identification using florescent colored tape or coatings.

FLUID LINE PROTECTIONComplies Yes____ No____All lines beneath the vehicle which are exposed as a result of the floor modification shall be protected from road damage through the use of corrosion resistant covers or shields, where the NDOT determines it is appropriate. All covers and shields shall permit accessibility for repairs, maintenance, and inspections. Final design of covers and shields are subject to approval by the NDOT. Any fuel and brake line modification/alteration must be of OEM equivalent material or workmanship. Straightening and rebending OEM brake or fuel lines is strictly prohibited. Hoses under the floor shall have a 3-sided cover which protects them and the hardware which supports them.

BRAKESComplies Yes____ No____The vehicle shall be equipped with an OEM Anti-Lock Brake System (ABS).

PARKING BRAKESComplies Yes____ No____The vehicle shall be equipped with the factory OEM parking brake assemblies and dash warning light. Parking brakes shall be properly adjusted to factory specifications upon delivery.

ELECTRONIC STABILITY CONTROLComplies Yes____ No____The vehicle shall be equipped with OEM electronic stability control (ESP).

AXLESComplies Yes____ No____The axle capacity rating shall be at least equal or exceed the GVWR of the vehicle. In the event the GAWR ratings exceed the GVWR of the specified chassis, the GVWR rating shall be the basis for all weight calculations.

DRIVE AXLE ANGLE ALIGNMENTComplies Yes____ No____Bidder must submit, with proposal, detailed documentation which shows how OEM-factory specification front drive axle angle alignment is maintained (i.e. use of spacers, brackets, etc.) after the lowered floor modification.

WHEEL ALIGNMENTComplies Yes____ No____


Each completed vehicle shall have a four-wheel alignment prior to final delivery. Documentation of wheel alignment with adjustment data shall be furnished at time of inspection. Alignment must comply with OEM specifications and camber kits must be installed if needed to comply with this requirement. The equipment used to do the alignment shall generate this documentation. This documentation shall include OEM alignment specifications. Hand written documents are not acceptable. Documentation shall include Vehicle Identification Number (VIN).

REPLACEMENT FUEL TANKComplies Yes____ No____Tank, fuel and vent lines, and hardware must meet all current FMVSS standards, including FMVSS 301. If the OEM tank is removed during conversion and replaced with an aftermarket tank, documentation from the tank manufacturer or vehicle second stage manufacturer to show compliance to regulations is required with the bid. The tank must replicate OEM capacity and shall be fully calibrated with the OEM dash fuel gauge. Tanks shall be treated or coated so as to resist corrosion for the complete applicable warranty period.

SUSPENSIONComplies Yes____ No____The vehicle will retain the complete OEM front and rear suspension with OEM components. Rear suspension must include OEM Load Leveling suspension to maintain a level position once loaded to full capacity without affecting the ride quality.

POWERTRAIN SUBFRAME INSTALLATIONComplies Yes____ No____The area of contact between the power train subframe and the OEM body structure shall be maintained. Installation of spacers shall replicate the OEM contact area between the frame and unibody.

ROAD CLEARANCEComplies Yes____ No____With a full capacity load, the vehicle shall be able to clear a conventional public street speed bump, without making contact with any portion of the vehicle surface, at 10 miles per hour.

a) Ground Clearance: With passengers and driver and with all available options installed (FULLY LOADED); there must be a minimum of 4-1/2 inches of clearance between the lowest part of the van and level ground.

WHEELSComplies Yes____ No____The minivan shall be equipped with four (4) OEM Stamped Steel wheels with painted bolt-on wheel covers, 16” minimum, and a matching OEM full size spare.

WHEEL WELLSComplies Yes____ No____Wheel wells shall be OEM. Alteration of the lower portion of the rear wheel wells to accommodate lowered floor shall be done with stainless steel or aluminized steel.

TIRESComplies Yes____ No____


Five identical brand and size tires shall be furnished. Tires shall be steel belted radials, the size, load rating and the brand as provided by the OEM for the chassis specified.SPARE TIREComplies Yes____ No____The spare tire shall be OEM Stamped Steel Wheel mounted inside the vehicle and secured in an easily accessible carrier as approved by NDOT

TIRE CHANGING EQUIPMENTComplies Yes____ No____Tire changing equipment, as provided by the OEM, shall include a jack of sufficient strength/capacity and other tools necessary for changing the mounted tires and stored in a compartment/container within the vehicle. Such storage space shall not diminish passenger capacity nor block accessory access.

TIRE CHANGEComplies Yes____ No____The vehicle shall have the necessary configuration and clearance on the frame to allow for the use of the OEM jack in changing the tire. The configuration shall meet or exceed the OEM design, and have provisions to prevent jack slippage. Full instructions on the tire changing procedures and towing of a lowered floor minivan shall be provided.

BUMPERSComplies Yes____ No____Front and rear bumpers shall be OEM, shock absorption type.

ELECTRICALComplies Yes____ No____Each vehicle shall have a 12-volt electrical charging system as supplied from the OEM.

WIRINGComplies Yes____ No____All electrical wiring shall be automotive stranded copper, of sufficient gauge to handle the load, color coded to match the OEM, with no wires of the same color in the same loom or harness. All harnesses which are modified or added to the vehicle will be secured to the frame at a maximum of two feet intervals with insulated clamps. Plastic wire ties are not acceptable. All exposed terminals and wiring shall be protected from the elements using sealed terminals or heat shrink where necessary. Exposed wires will be wrapped or loomed in corrosion/moisture-proofed material.

CIRCUIT PROTECTIONComplies Yes____ No____All circuits shall be fuse protected and a schematic diagram, of engineering quality, indicating color and function shall be included with each vehicle. All electrical accessories except the radio and lights must be wired through the ignition, and must shut off when the engine is off.

BATTERYComplies Yes____ No____The vehicle must have the heaviest duty available factory installed battery. Battery cables and connectors shall be OEM.


ALTERNATORComplies Yes____ No____The vehicle charging system will use the largest OEM optional 12-volt alternator available.

HORNComplies Yes____ No____Factory OEM.

GAUGESComplies Yes____ No____The vehicle shall be equipped with OEM needle or digital type gauges or OEM warning lights. All gauges will be installed in the OEM manufacturer's designated positions within the vehicle dashboard.

FRONT AND REAR HEATINGComplies Yes____ No____An OEM heating/defrosting system with vents front and rear shall be provided. All lines and hoses shall be sufficiently fastened, protected, and insulated to ensure against wear from friction and the elements. Non-OEM heater hoses shall be a continuous run of like material to the OEM heater lines which ran to the heater prior to conversion. No splices between the front and rear connections will be allowed. The lines must be mechanically attached in a manner which replicates the OEM. Whenever possible, and at a minimum, provide attachments to the vehicle structure at no greater than 18-inch intervals. Lines must be routed so as not to be exposed to wheel spray and not pass within 2 inches of any part of the exhaust system.

FRONT AND REAR AIR CONDITIONINGComplies Yes____ No____Air conditioning shall be OEM front and rear mounted, with separate fan controls mounted on the front center console. Rear ceiling mounted A/C controls shall be removed and a new low profile interior panel color matched to OEM interior shall be installed to eliminate head strike. Conversions shall not impede access to front and rear air conditioning components. Non-OEM refrigerant hoses shall be a continuous run of like material to the OEM refrigerant lines which ran to the rear evaporator prior to conversion. A label must be placed in the engine compartment detailing manufactures name, refrigerant type and quantity, and compressor oil type and quantity.

INTERIOR LIGHTINGComplies Yes____ No____Overhead and lower lighting shall be installed in the interior rear of the vehicle that provides not less than two foot-candles of illumination at the entrance ramp area. This system shall illuminate automatically when the vehicle front and sliding doors are open. A manual switch must be available which overrides any timing device on the interior light system.

a) Seat Lights: Additional lighting shall be installed in the lower panels of the vehicle which provides a minimum of two foot-candles of floor illumination for the center and rear seats. Interior lighting fixtures shall be reasonably flush with the interior walls and ceiling to prevent being a hazard to passengers. Additional lighting shall be wired to work in concert with the OEM interior overhead light switches. All additional lighting must be adequately circuit protected.


EXTERIOR LIGHTINGComplies Yes____ No____Exterior lighting shall be installed in accordance with the Federal Motor Carrier Safety Regulations. All lights shall be sealed from moisture and grounded to the body framing structure. The brake light shall not override emergency flashers or turn signals. An OEM center stoplight, two OEM back-up lights, and OEM running lights shall remain factory installed and complete.

LIGHT COMPLIANCEComplies Yes____ No____All accessory vehicle lighting will conform to ADA, 49 CFR, Part 38, and Subpart B.

STEREOComplies Yes____ No____Shall be OEM AM/FM radio with CD and, a minimum of, four factory-installed speakers, 2 front and 2 rear.

HEADLIGHT ADJUSTMENTSComplies Yes____ No____After conversion, the manufacturer will adjust the headlights for proper alignment using appropriate equipment to accurately align headlights per FMVSS requirements prior to delivery.

BODY SPECIFICATIONSComplies Yes____ No____Conversion of a minivan by modifying the sidewalls, or floor, shall require the construction of an internal reinforcement of equal or greater strength which does not destroy or reduce the original integrity or strength of the vehicle against impact. All metal components which are added, as reinforcement shall be professionally seam welded, and shall be made corrosion proof through a commercial primer application or the use of stainless steel or aluminized steel.

a) Interior Height: Shall provide a maximum measurement of 60 inches (plus or minus 2 inches) at the vehicle center of the interior roof to the interior of the vehicle floor.

FMVSS TESTINGComplies Yes____ No____Documentation showing successful compliance with FMVSS 571.126, 135, 204, 206, 208, 214, and 216 standards for the current model requested after conversion is required to be provided prior to bid award.

OEM “PASS THROUGH”Complies Yes____ No____Documentation by an engineering associate must be provided which states the reasons for OEM “Pass Through” where claimed in lieu of required FMVSS testing. The NDOT reserves the right to request re-testing if a pass through claim, based on submitted documentation, is deemed inappropriate.

VEHICLE PRODUCTIONComplies Yes____ No____


The bidder shall submit a vehicle modification production work plan with the bid which describes the processes used when OEM vehicle flooring is cut out and accessibility modifications made. The production work plan shall include the method of bracing, type of cutting, welding, and attachments, and reinforcements which would ensure proper alignment and construction.

a) Reinforcement: Any modifications to the floor, roof, or sides shall require reinforcement to prevent vibration, drumming, or flexing.

b) Exterior Panels: Shall be sufficiently stiff to prevent vibration, drumming, or flexing while the minivan is in normal operation.

c) Structural Securement: All points of contact between longitudinal or cross members and other structural materials shall be welded, or bolted with minimum grade 5 zinc plated, cadmium plated, or galvanized fasteners.

d) Insulation: The roof and body shall be fully insulated, OEM is acceptable. Add-on insulation shall be glued or affixed in such a manner which does not allow sagging or bunching of the insulation.

e) Road Noise: At 60 miles per hour, the ambient noise level shall not exceed 89.5 DB measured from the geometric center of the passenger compartment.

f) Fasteners: All metal hardware and fasteners shall be non-corrosive high strength steel. Clamps shall be fully insulated to prevent premature wear.

MISCELLANEOUS BODY COMPONENTSComplies Yes____ No____a) Windshield Wipers: Intermittent with dual jet washers and multiple speed control.

b) Rear Window Accessories: The rear window shall have an OEM electric window defogger, wiper, and washer.

c) Paint: The basic vehicle factory color shall be OEM standard white. Chip guard paint (same color as body) shall be standard. The reference point (for the top) shall be from a point 3 inches above the bottom of an unmodified sliding door. The chip guard shall be applied from this point to the bottom of the rocker panel, and shall extend from the rear of the front wheel opening to the front of the rear wheel opening.

d) Transit Striping: Transit stripe, 3 inch width, will be installed on each side of the vehicle. Colors available at a minimum shall be: white, red, orange, yellow, green, light blue, and blue. Reference: Stripe shall be 3M reflective tape series 680, or approved equal. The stripe shall be white if user does not choose another color. The stripe will be installed in a professional manner with cutouts for emblems etc. See Drawing “A” Page 19 for install position of stripe.

e) Rear View Mirror: An interior rear-view OEM mirror with a night driving adjustment shall be installed to afford the driver a view of all passengers.


f) Side View Mirrors: Each minivan shall be equipped with OEM exterior left and right side mirrors, the largest available, containing a convex/wide view mirror on the right side. Mirrors shall have electric adjustment capability.

g) Sun Visors: Two OEM fully adjustable sun visors shall be provided.

h) Sealant, Rust proofing and Undercoating: The entire underside of the body including floor members, side panels below floor level (if metal), and fender wells shall be undercoated, at the time of manufacture, with a nonflammable resin type polyoleim undercoating for bus applications. All openings in the floorboards and firewall shall be sealed.

PASSENGER DOORS AND STEPWELLSComplies Yes____ No____The minivan shall have standard OEM driver and passenger front doors; one manual right side mobility aid accessible rear passenger door, with a minimum opening height of 56 inches, a minimum usable width which will accommodate the ramp platform without causing the ramp to contact the door, and the opening bottom shall be a minimum of 9 inches above the ground. Door extensions shall be constructed of stainless steel. Both sliding doors shall have a locking mechanism to securely hold doors in the open position when the vehicle is on a hill.

a) Ground effects: Vehicle shall incorporate stainless steel, aluminum or ABF body extensions on both street and curb side of vehicle. These shall be primed and painted to match the exterior color of the vehicle. See Drawing A for details.

b) Passenger Door Tracks: Sliding doors must have reinforced glides with an added stop brace to prevent doors from sliding off track. Door tracks shall be reinforced or strengthened beyond OEM standards as needed in all areas of contact with the sliding door arms.

c) Sliding Passenger Door Arms/Brackets: Reinforcement of the sliding door components shall be, at a minimum, adequate to support the excess weight created by the floor and door extensions. Under normal closure conditions, there should be no evidence of door track “flexing” or wobbling.

d) Sliding Door Closures: The minivan sliding passenger doors shall be easily opened, closed and latched by pulling the door handle with one hand. Full instructions shall be provided on the proper maintenance and periodic adjustment of the sliding door(s).

e) Locks: OEM remote keyless entry shall be provided with two (2) OEM full function key fobs. All access doors shall have power locks with driver single control capability in the interior.

f) Sliding Left Passenger Door: An OEM-built second sliding door shall be provided on the rear passenger left side of the vehicle. The door height opening shall be a minimum of 52 inches. The door width shall be as provided by the OEM. The door shall be equipped with an interlock system so that the door cannot be opened beyond the fuel door when the fuel door is open.

g) Rear Door Emergency Exit: The rear cargo door shall be provided with a quick release, manual override for opening the door from inside the vehicle. The vehicle override device shall be mounted on the inside of the rear door to prevent accidental release. The handle shall be coated with a florescent yellow or


bright red, for easy identification. A permanent label with a minimum 1/2 inch letters shall be attached near the handle with opening instructions.

h) Signage: All emergency exits and signs shall comply with the Federal Motor Vehicle Safety Regulations, the Nevada Motor Vehicle Code.

INTERIOR PANELSComplies Yes____ No____All interior panels shall be OEM vinyl/cloth or equal. Materials and treatments shall be flame retardant to meet FMVSS 571.302 and be surface treated for efficient cleaning. Panel fastening devices shall match the color of the panels.

INTERIOR COLORComplies Yes____ No____The interior shall provide a pleasant atmosphere, be aesthetically pleasing, and contain smooth finishes without any unprotected sharp edges. The basic vehicle interior shall be gray fabric and upholstery, with additional color selections subject to availability.

FLOORINGComplies Yes____ No____a) Sub Floor: The interior floor shall be insulated with minimum 3/8 inch thick marine grade plywood to

minimize interior noise. The adhesive used in the production of said plywood must be marine quality.

b) Floor Pan: The floor pan shall be a minimum #16 gauge stainless steel or aluminized steel, with rust inhibiting epoxy primer or equivalent covering the weld joints. The vehicle floor and related components must be structurally sufficient to meet the requirements of FMVSS 207 and 210 for all seating systems and belt anchorages as well as SAE J2249 for the mobility aid restraint system. Said tests must be performed using a representative floor pan vehicle structure. (Bench testing of OEM seats, if modified, that utilize unaltered OEM anchorages may be tested independent of the vehicle.) Testing must be done by an American Association for Laboratory Accreditation, or equal, accredited facility. Seats that do not utilize OEM floor structure must be tested with replacement floor structure. Above testing can be done with floor structure jig mounted if the vendor can validate this test will satisfy FMVSS requirements. Submit testing results prior to award. The resulting floor must be continuous and sealed to provide a watertight interior compartment. The replacement vehicle floor and related components must be corrosion resistant, meeting the requirements for 1000-hr exposure as specified in ASTM B117.

c) Floor Covering Material: The floor surface shall be covered by commercial-grade transit flooring, 1.8mm Altro Transflor Chroma Zeal, or approved equal, possessing anti-skid properties. Rear area behind seats to be covered with rubber material, securely adhered to the subfloor. The floor covering color shall be coordinated with the vehicle interior. The flooring shall be securely bonded to the sub-floor with Altro Eco 20 (or approved equal) water based adhesive for porous surfaces, all non-porous surfaces to use Altro 8165 (or approved equal) contact adhesive. Cargo area to be covered with OEM carpet material. Use of alternate adhesives are permissible with the provision of a manufacturers warranty of no less than ten years, unlimited mileage for installation and adhesion. Edges shall be sealed and all seams heat welded to prevent water penetration. The floor shall be installed according to manufacturer's directions, using proper tools, accessories and adhesives.


d) Trip Hazards: All areas of the vehicle interior floor shall be level, with no tripping hazards throughout the access area. Mobility Aid restraint tracks, and seat locks shall be beveled with no sharp edges and will protrude no more than 1/4 inch above the floor surface.

SEATS AND GRAB HANDLESComplies Yes____ No____a) All seats are to be manufactured utilizing materials designed to withstand the demands of transit and

paratransit use. All visually exposed metal must be powder coated or stainless steel. All seat frames must be constructed with heavy-duty steel/tubing and shall be jig welded to insure maximum consistency and durability. There are to be no sharp edges that may snag or injure passengers. All seats and restraints in the vehicle, as specified, must comply with current FMVSS standards, including 201, 202, 207, 208, 209, 210, and 214. Documentation of current model year testing and seats as specified within shall be provided prior to award. Testing by an American Association for Laboratory Accreditation or equal, accredited test facility of individual components independent of the vehicle will be accepted if done on a representative floor, and the vendor can validate that test results, meet all FMVSS requirements, and could be duplicated in the production vehicle. Any alterations to OEM seats or mounts that affect these tests must also be tested. All seat material shall be gray and compliant with Docket 90-A, FTA (ASTM E662/FAR 25.853). The seat material must also be bacterial resistant and conform to ASTM G21 on the face and back. Seat material shall be available in vinyl or fabric at buyer’s option at no additional charge. All cushions must be fully enclosed by the seat fabric, vinyl or flame blocker material. Cloth seat fabric shall be a minimum 100,000 double rub woven material, anti-bacterial and anti-microbial; the seat fabric shall have a moisture repellant treatment that prevents liquids from passing through fabric.

b) Front Passenger Seat: The seat base shall be adapted to permit easy roll out for mobility aid access, OEM style is acceptable. The seat shall lock and unlock easily from the floor area, and have a positive lock device with visual indicator which assures securement is in place. This shall be highlighted with Yellow or Red to visually identify the latch as not being secure. Foot base for this seat position shall be easily removed from the seat base for easy transport and storage.

c) Center Row Seat: The center seat shall be a two passenger fold up type, reference Freedman ASSY, 3PT FOLDAWAY, CRS, DBL, SS, Mid Hi, or approved equal, without the outer leg locking floor latch. The seat shall have US arm fold up armrests, or approved equal, on the right side.

d) Center Row Seat Pedestal Lock: The rear center seat shall have an automatic lock mechanism built into the seat mounting pedestal to prevent the seat from flipping up during left side boarding. The lock must be engineered and installed by the seat provider and meet all specified test requirements.

f) Center Row Seat Clearance: Fully folded, there shall be a minimum of 45-1/2 inches of clearance from the outer edge of the folded seat bottom cushion/seat structure to the right sliding door opening at inside ramp edge (when deployed). This shall be measured by drawing an imaginary vertical line from the edge of the seat at its closest point to the door opening.

g) Rear Row Passenger Seats: The rear most passenger seats shall be capable of accommodating three adult size passengers. The seat design shall include a split back design (minimum 50/50, maximum 60/40 design) to allow independent folding of the back rest. OEM split back seat is allowed if it meets


all other seat requirements. Seat back shall have a forward dump feature to allow for emergency evacuation. The dump release mechanism must be operational from both the front and the back of the seat. When the back rest is dumped forward, it shall lock in the down position until released with either the front or rear mechanism. When dumped forward, the back rest shall be totally flat and horizontal. The thickness of the seat cushion shall be minimized to facilitate the lowest possible overall seat cushion height. The distance from the top of the seat cushion to the modified floor surface shall not exceed 20 inches. Seats shall come equipped with CRS-225 hooks and rear tether and must comply with FMVSS 225.

h) Seat belts: All seats shall have OEM, or equal 3-point seat belts. Each vehicle shall have two seat belt extenders, one 15 inch and one 9 inch. Seat Belts shall meet or exceed FMVSS 209. Passenger restraints shall be furnished for all passengers, consisting of shoulder seatbelts and/or lap belts. Securement devices, both for ambulatory and mobility aid passengers, shall meet all state and federal standards.

i) Grab Handles: Grab handles shall be installed, one on each pillar between the front and side sliding doors, one mounted at the rear of each side sliding door (on the pillar), and one mounted in the interior for the curb side front passenger seat, between the front door and the windshield (5 total grab handles) where already installed, OEM are acceptable. Non-OEM grab handles shall be padded with a non-slip surface for comfort and safety and conform to ADA requirements as listed in 49 CFR, Part 38, Subpart B.

MOBILITY AID SECUREMENTSComplies Yes____ No____a) Mobility Aid Security and Occupant Restraint Systems: Wheelchair securement system shall be

Q’Straint 360 Securement System (WC-18 compliant) or approved equal to secure wheelchairs facing forward, and must comply fully with the Americans with Disabilities Act requirements and ANSI/RESNA Section 4: WC-18." The system(s) shall be capable of securing a variety of common mobility aid designs and accommodate a wide range of occupant sizes. The Vendor shall provide detailed instructions to include a training video from the securement manufacture for mobility aid placement, tie-down belt operation, and torso belt placement. The system(s) shall be flanged “L” continuous track mounted type, capable of securing a variety of common mobility aid designs and accommodate a wide range of occupant sizes. The Vendor shall provide detailed instructions for mobility aid placement, tie-down belt operation, etc. Each vehicle shall come with two retractable tie-down systems.

b) Mobility Aid Securement and Occupant Restraint System(s): All attachment hardware and anchorages shall meet or exceed the following requirements:

30 mph/20 Impact Test criteria per ANSI/RESNA WC 18. 36 CFR Part 1192 and CFR Part 38 (ADA) All applicable FMVSS, as amended

c) Mobility Aid Securement System: Each vehicle shall be equipped with the number of securement systems as required in Section 1.1 of this specification.


d) Track Mounting: Floor anchorage track shall be high strength flange 6061 T6 alloy Series Omni L-Tracking utilizing and usable for front or rear tie downs or shared by both. Bottom of flange shall be flush with the floor. The system anchorages shall be mounted to the vehicle floor in accordance with the requirements of the system manufacturer. A copy of the manufacturer’s installation instructions must be provided to NDOT prior to award.

e) Track Installation: As standard, the vehicle shall be equipped with laterally oriented mobility aid restraint track. Track shall include end caps where track does not terminate into the side wall. Floor plans illustrating locations of must be available for review and approval prior to the bid award. Floor plan must comply with requirements as described in “i” below. See drawing “B”, Page 19, for current layout.

f) Occupant Restraint System: For each mobility aid securement system set installed in the vehicle, a corresponding Occupant Restraint System shall also be provided. The Occupant Restraint System shall consist of adjustable lap (pelvic) belt and a shoulder (upper torso) belt, and shall meet all applicable Federal Motor Vehicle Safety Standards (FMVSS), as amended.

g) Belt Web Cutter: A high quality web cutter, for emergency use, shall be provided with each vehicle, along with instructions for use.

h) Storage Containers: The Vendor shall furnish and permanently install a container within the rear cargo area behind the rear seat to store the First Aid Kit, Blood Borne Pathogen Protection Kit and Reflective Triangles. A container shall also be available or provided to store tie downs. The NDOT must approve final designs and placement.

i) Mobility aid and Passenger Placement: The bidder shall furnish drawings of proposed seating arrangements, including spaces for two (2) mobility aid positions, with one minimum clearance area of 30 inches by 48 inches. The bidder must indicate sufficient space for placing/boarding two mobility aids, one position in the rear passenger area and one position in the front passenger area. At a minimum, the securement location(s) and area(s) shall meet all applicable ADA requirements.

MOBILITY AID RAMPComplies Yes____ No____The vehicle shall be equipped with a manually-operated, folding, mobility access ramp which folds and unfolds through the right side door. The ramp must also swing out of the doorway about a nominally vertical axis providing clear access for ambulatory passengers. Ramp and all components shall leave a clear path to and from the rear and center seats with no trip hazards. Bidders shall provide illustrations of their ramp construction, which must be built to withstand heavy transit use. This ramp shall comply with ADA, 49 CFR Section 38.23(c) and 38.25(b). The fold and unfold motion of the ramp must be counterbalanced so that the force exerted by the operator does not exceed 15 lbs. damped so that, in the event the ramp is allowed to free fall, no point along the ramp length shall move faster than 18 inches/second.

a) Obstruction: The installed ramp shall not obstruct the view of the driver through any vehicle window.

b) Usable Width: The ramp shall have a minimum usable width of 30 inches and a slope meeting the requirements of ADA, 49 CFR, Section 38.23(c) Vehicle Ramp (5) Slope.


c) Tensioning Device: The ramp shall have an adjustable tensioning device installed that prevents rattling of the ramp while folded up inside the vehicle, during driving.

d) Mechanism: Both handle and cable or pull mechanism that releases ramp for swing away operation must be reinforced for transit use. The handle must be highlighted with florescent coloring for easy identification.

e) Hardware and Ramp Bracket: The ramp bracket shall be constructed of heavy gauge steel, reinforced to prevent bending and covered with illumination type paint or coating for easy visibility while boarding. The bracket shall be as streamlined as possible and shall have a cover to remove sharp edges. Self-lubricating bearings will be used where necessary. The ramp bracket attaching hardware shall be a minimum of grade 5, and shall be the self-locking type to prevent loosening.

f) Ramp Surface: The ramp surface shall be continuous and made skid resistant through an epoxy/powder coating or similar permanent application, have no protrusions from the surface greater than ¼ inch and shall accommodate both four-wheel and three-wheel mobility aids.

g) Ramp Load: The ramp shall support a load of 750 lbs., placed halfway up the ramp distributed over an area of 26 inches by 26 inches, with a safety factor of at least three (3) based on the ultimate strength of the material.

h) Ramp Visibility: An outline of 1 inch safety approved reflective tape, 3M or equivalent, shall run along both sides of the ramp and the outer and inner edge for increased visibility. Reflective yellow or white is required.

VEHICLE PREPARATIONComplies Yes____ No____Upon final delivery, a copy of the weight certificate and wheel alignment shall be provided. The vehicle(s) will be washed externally and cleaned internally, in a professional manner. Vehicles with road dust and mud, dirty carpets and floor, streaked and smudged windows, etc. will not be accepted at the delivery site.

SAFETY EQUIPMENTComplies Yes____ No____All safety equipment shall be OSHA compliant, clearly marked, installed and secured to the vehicle, and must be easily accessible to the driver. Installation shall not interfere with passenger or driver entry or exit.

First Aid Kit: A minimum 10-unit first-aid kit shall be furnished and mounted in the rear storage container.

Blood Borne Pathogen Protection Kit: A blood borne pathogen protection kit with case shall be furnished and mounted in the rear storage area of the vehicle. Fire Extinguisher: One metal or plastic constructed Nevada Highway Patrol approved minimum 2.5 lb. 4BC fire extinguisher shall be provided, containing a gauge to indicate the state of charge and an automotive-type bracket with easy release strap for storage/securement. The extinguisher shall be mounted in the rear storage area of the vehicle. The fire extinguisher is to be inspected and certified by a Nevada inspector authorized to do so by the State Fire Marshall at time of delivery.


Reflective Triangles: One set of three triangle warning devices, in a container, meeting the requirements of FMVSS 571.125 and approved by the Nevada Highway Patrol.

Dash Warning Light: A red, flashing, heavy duty warning light, a minimum 1 inch in diameter, will be installed on the driver's side dash panel, in an area clearly noticeable to the driver in a seated position, and activated when right or left sliding door are open or ajar and the ignition switch on. The light lens or trimming shall be clearly lettered, “door ajar.”

Backup Alarm: A heavy-duty, weatherproofed warning alarm, ECCO #530 or 575, or approved equal, shall be provided which is readily audible from the outside when the transmission is in reverse.

Air Bags: Front airbags shall be installed and equipped for the model specified by the OEM, and will meet all Federal and State Safety Standards.

Rear Cargo Restraint: The rear cargo area will have web-like nylon/elastic netting to secure objects.

Control Interlock: The curbside sliding door shall be interlocked with the vehicle emergency brakes and transmission to ensure the vehicle cannot be moved when the curbside slide door is open when the side door is in the open position and the interlock is actually activated. If the interlock is not activated due to the side door being closed, then the parking brake would not be interlocked. The interlock shall be a fully automatic, solid state, microprocessor controlled unit (Ref. Intermotive ILIS 602G) or approved equal. Interlock shall utilize an LED display panel to show subsystem status and integrated into the dash. The Interlock must prevent driving the vehicle with parking brake left on. The Interlock must meet ADA Title 49 Lift Interlock requirements.

Yellow Safety Tape or Coating: The interior folding ramp pivot hinge and center folding seat base shall be covered with a yellow tape or coating to provide contrast. Both curb side and street side door openings shall have a two inch yellow band across the edge of the door opening. The band shall be Altro floor material intended for step edges and installed flush with the existing Altro floor material and per manufacturer’s instructions.

PARTS BOOKS, MANUALS AND DRAWINGSComplies Yes____ No____

MANUALS: For each unit as built. The following manuals must be available online, DVD or flash drive.

1. A complete operations manual will be provided which covers the conversion features on the vehicle as listed in this specification. The manual will provide complete, comprehensive instructions for the mobility aid accessories, mobility aid ramp deployment, deployment of seats and related equipment.

2. Quality Assurance Checklist: A quality assurance checklist will be completed by the Vendor which documents a thorough inspection of each vehicle by a company representative immediately after construction and identifies any needed corrective action for specification compliance.

3. Warranty Information: Each vehicle will have a published listing of vendor warranty repair locations, including address, telephone number, contact name and location maps.

NOTE: PAYMENT FOR VEHICLE WILL NOT BE PROCESSED UNTIL ALL MANUALS, DRS


AND/OR MSO HAS BEEN RECEIVED.

VENDOR REQUIREMENTS & NOTESComplies Yes____ No____WARRANTY The warranty of each unit shall include the chassis, engine, drive train, modifications, etc., and shall be equal to the current OEM standard warranty and shall start on the date of acceptance. The vendor will coordinate warranty issues during the standard warranty period for all OEM and conversion manufacturer products.

Each vendor shall describe his/her policy and procedures concerning warranties, both on workmanship and material, as applying to this equipment, and the vendor's/manufacturer's method of adjustment. The final stage manufacturer and vendor shall assume the responsibility and warranty for all materials and accessories used in the vehicles, whether they are made by the manufacturer or purchased from an outside source for a minimum warranty of three (3) years or 36,000 miles. A copy of OEM warranty and manufacturer’s warranty shall be provided for each unit. The Nevada Department of Transportation shall not be considered to be a dealer; however, the vendor shall provide The NDOT a copy of any recall notice.

Any modification added to the base OEM vehicle that is required to be removed from the vehicle to perform warranty work will be at the cost of the vendor.

All warranty repairs will be the responsibility of and under the control of the vendor.

Fleet Defects: A Fleet defect is defined as the failure of identical items covered by the warranty and occurring in the warranty period in a proportion of vehicles delivered under this contract. For the purposes of this bid, identical defects occurring in 25 percent of the vehicles delivered shall be considered a “Fleet Defect.” The vendor shall correct a fleet defect under the warranty provisions. The vendor then is responsible to perform inspections and take corrective action for all vehicles that incorporate the item having been found to be a “Fleet Defect.” This inspection/repair action shall also be required on any vehicle that is no longer under the standard warranty if it still meets the time or mileage requirements of the warranty.

SERVICE WARRANTYAny recognized service or warranty work required, which is performed by the vendor, under the vendor's or manufacturer's warranty shall be at a location within the state and will be the responsibility of and paid for by the vendor. This location must be within two (2) hours travel time of the recipient's location or the vendor must provide warranty work certification to a local shop capable of performing the work.

Experience: Each bidder shall submit evidence of his/her ability and experience to provide the equipment described in these specifications with the bid, by including a list of five users' names, addresses, and telephone numbers who have been provided similar equipment on the same chassis from the same vendor/manufacturer during the past two years. If a newly manufactured vehicle is bid, NDOT will determine the acceptability and qualifications of the manufacturer. The NDOT decision shall be final.

PARTSAn adequate stock of repair parts and qualified service facilities must be readily available in Nevada, and must be available and delivered to the transportation providers repair shop within 72 hours of the time requested/ordered from the vendor.


The vendor will bear all reasonable financial costs for providing backup service from alternative sources, for failure to provide repair parts within the 72-hour time limit; and will bear all such costs until the parts are received. Freight and transportation for the parts is the responsibility of the vendor and use of overnight delivery is required when the bus is put out of service due to the needed parts. If overnight delivery is not available the part must be sent by the fastest method available and at a minimum using UPS Ground Trac.

PRE-DELIVERYPrior to delivery, each vehicle shall be inspected and serviced by the vendor or by an authorized dealer of the manufacturer in a service shop within Nevada. The vehicle will be inspected for compliance to vehicle specifications, FMVSS and Buy America requirements. The purchasing agency inspector is to be contacted a minimum of three (3) business days prior to vehicle being ready for inspection. A service technician is to be available to the inspector to correct and note deficiencies that are identified while the inspector is on the premise. A written copy of the inspection is to be provided to the purchasing agency at the time of delivery. Non-compliant items that are noted by the inspector will need authorization by the inspector verifying that the deficiency has been corrected prior to delivery.

SERVICEThe vehicle service shall include not less than the following prior to delivery:

1. Check all fluid levels and fill as necessary. This inspection must include engine oil, hydraulic oil, transmission fluid, coolant level and mixture, battery levels, brake fluid, differential oil, washer fluid.

2. Complete wash and detail of the vehicle prior to delivery and inspection.

3. Full tank of fuel at the F.O.B. point.

4. Check to insure proper operation of all accessories, gauges, lights, mechanical, and hydraulic features. Particular attention shall be given to door alignment, lift operation, weather-stripping, hardware, paint condition and tagging of cooling system.

5. A copy of the pre-delivery inspection and all subsequent inspections by contract inspectors are to be provided to the receiving agency upon delivery.

6. A copy of a certificate from a State (state of final builders location will be accepted for the purpose of bid review) certified scale showing the unladen weight of the vehicle, with a full fuel tank, as specified must be submitted with the bid. ACCEPTANCEFinal acceptance will be made upon delivery of acceptable products complying with the specifications at the designated locations in the purchase order and signature of acceptance by the agency listed on the purchase order.

Acceptance of delivery or placement in operation of any equipment shall not release the manufacturer from liability for faulty design, workmanship, or a material defect appearing even after final payment has been made.


VEHICLE REGISTRATION DOCUMENTS REQUIREDThe vendor shall register all vehicles as per buyer’s requirements. A certification of compliance for vehicle emissions must be supplied at the time of delivery of each unit.

GENERALAll equipment cataloged as standard for the basic vehicle, unless superseded by these specifications, must be furnished and included in the purchase price of each vehicle.

Complete printed specifications, published literature, and photos, or illustrations of the basic unit or units that the bidder proposes to furnish must be provided prior to Award. Bids will not be considered if the vendor's designated F.O.B. delivery destination is other than that stated in the invitation to bid.

Bids will be considered only from a manufacturer having a Nevada representative carrying an adequate supply of repair parts in Nevada. This representative shall have the capability of performing all warranty work in the State of Nevada.

The manufacturer shall provide full and competent engineering services to handle any, and correct all problems associated with the performance of this equipment. At least one qualified service representative shall be available to render prompt service.

All equipment/options are to be factory installed. If the equipment/options are not available for factory installation, dealer installed equipment/accessories may be acceptable to meet the specifications. Any component added to the vehicle by the dealer must meet manufacturers approved instructions for additions. The bidder is to specify those items that will be dealer installed.

Modifications to the vehicles may be performed by final-stage manufacturers only if National Highway Traffic Safety Administration certifies them and are registered to manufacture or alter vehicles in accordance with the Code of Federal Regulations, Title 49, Parts 567-568. The vehicle manufacturer must be ISO 9001 certified and a copy of the certifications must be submitted with the bid documents.

Due to the critical nature of this product, the requirements of these regulations and standards will be strictly enforced. It is the Vendor's responsibility to obtain current copies of the regulations for bidding and/or construction purposes.

The vendor is required to provide certification affixed to each vehicle that each unit meets or exceeds all State and Federal requirements as of the date of manufacture.

The final-stage manufacturer will be required to provide all test data, drawings, etc., relating to the certification of the vehicle as an accessible vehicle. Upon delivery, it shall be the supplier's responsibility to provide any evidence necessary that the product fully meets all requirements of this set of specifications.

QUALITY OF MATERIALSWhenever, under the contract documents, it is provided that the vendor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured article shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation.


Welding procedures and materials shall be in accordance with standards of the American Society of Testing Materials and the American Welding Society. All visible welds shall be ground smooth. Where metal is welded, the contact surface shall be free of scale, spatter, and grease and shall be treated to preclude rusting.

Item Unit Extended MSRPNo. Qty Description Price Price Price

2.1 10 LOW FLOOR MINIVAN; _____ _____ _____Class D Per each

SPECIFY MANUFACTURER: ___________________________

3. ADDITIONAL REQUIREMENTS

1) Bids shall be submitted on this form to be considered.

2) Effective July 1, 2017, a five percent (5%) preference will be awarded to businesses based in Nevada. A Nevada business is defined as a business which certifies either that its ‘principal place of business’ is in Nevada, as identified in the table on Page 1, or that a ‘majority of goods provided for the contract are produced’ in Nevada. The preference will be applied to the bid price.

3) A Nevada based business may apply for a five percent (5%) preference on its bid. This preference may apply if a business has its principal place of business within Nevada or if a majority of goods provided for the contract are produced in Nevada. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its bid showing that it qualifies for the preference.

3) All vehicles bid on must meet the requirements of the Nevada Revised Statutes, Chapter 484 as Applicable.

4) All vehicles bid on must meet the requirements of the Nevada Revised Statutes, 482.318 et seq.

5) All vehicles bid on must meet the requirements of the Nevada Revised Statutes, 482.135.

6) Vendor in bidding on and in the performance of this contract shall be solely responsible for complying with all laws, including but not limited to, codes, statutes, regulations, and ordinances of the City, County, State, and Federal governments.

7) The section entitled "ATTACHMENT A" must be completed by all bidders. Failure to complete this section or failure to list exceptions to the specifications will result in the bid being considered incomplete and unacceptable of the State of Nevada.

8) The section entitled "ATTACHMENT C – BIDDERS REQUIRED SUBMITTALS - CHECKLIST" must be completed by all bidders. Failure to complete this section or failure to list


exceptions to the specifications will result in the bid being considered incomplete and unacceptable of the State of Nevada.

9) If equipment is delivered minus any part, item or accessory issued as standard manufacturer's equipment, and/or as specified by the State, the successful bidder will be immediately notified. If the missing part, item or accessory cannot be provided and installed within 72 hours, the State reserves the right to buy the item or part from another source and bill the successful bidder for the cost including installation.

10) All equipment, included in the base vehicle description or optional, must be factory installed when it is factory available. The Nevada State Purchasing Division, the purchasing local government or political subdivision whichever is applicable must receive prior notification whenever and local installation is to be performed. Any equipment included in the base vehicle description that is to be locally installed must be clearly listed. Any options that will be locally installed must be so noted.

11) Vendor is required to provide Dealers Report of Sale (DRS) or Manufacturers Statement of Origin (MSO) with each equipment item at the time of delivery. The DRS/MSO information will be designated on individual purchase orders.

12) Bidder is required to submit descriptive data or printed specifications describing COMPLETE UNIT bidding. Failure to comply with this request may be cause for non-acceptance of bid.

13) Bidders are especially cautioned to RECHECK BID PRICES FOR ERRORS prior to submitting bid as changes in bid prices after opening date and hour of bid due to an error WILL NOT BE PERMITTED OR ACCEPTED. Bidder shall be required to furnish equipment at price or prices bid on or be penalized by being removed from bidder's list for a period of one year.

14) Payment shall be made following a complete inspection and review finding compliance with all areas of these specifications and all defects and discrepancies have been satisfied and approved by a representative of the Nevada State Department of Transportation. The “awarded” bid will be utilized as a complete and detailed check-in and inspection list. All delayed delivery warranty, component warranty and MSO documentation must be completed and presented at time of vehicle delivery.

15) As a condition of award, a vendor is required to deliver any vehicle(s) specified herein to any government entity using any award or contract that results from this solicitation through a licensed, Nevada vehicle dealer which will then be considered a joint submittal, or be a licensed Nevada vehicle dealer prior to the submission and opening date of the price agreement pursuant to Nevada Revised Statute 482. In the spaces below, please provide the Purchasing Division with the name, address, telephone number, facsimile number and license number of the dealer who will provide or perform the delivery of the completed unit(s).

Name: _________________________________________________________

Address: _______________________________________________________


Telephone Number: ____________________Fax: ______________________

Nevada Vehicle Dealer License Number: _____________________________

Signature of Nevada Vehicle Dealer: _________________________________

Failure to provide the requested information may be cause for rejection of your response.

16) Prices bid shall be firm for an initial contract period of 1 year. At the end of the initial contract period and each contract period thereafter, if it is deemed necessary by the vendor, vendor may submit a request to increase prices by an amount not to exceed the increased in the Consumer Price Index (CPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics, Pacific Cities, West, "C" for the previous calendar year. For the purpose of extending the contract from year to year, extensions will be allowable if any price increase requests do not exceed the CPI increase for the previous calendar year, and such extension is agreed to by the vendor and in the best interest of the State of Nevada.

17) The completed van(s) shall be delivered to the F.O.B. Destination listed on the front page of this bid, by rail or truck transport.

18) The vendor shall be responsible for fixing any vehicle discrepancies within fifteen (15) calendar days (as stated in section 7.3.4) from notification by the Purchasing Division. The vendor shall not make repairs on State Property.

19) The vendor shall have each van washed and detailed inside and out within five (5) business days from acceptance of the van(s).

20) The vendor shall have at least one qualified instructor who shall be available upon acceptance of the first van throughout the Contract period. Instructor(s) shall conduct training at the FOB destination on the proper operation and maintenance of the equipment to each end user within five (15) business days from acceptance of the van(s). NDOT staff will make every effort to group the training sessions together to minimize the amount of times the Vendor will have to conduct the training.

21) All tires shall be balanced with external lead weights.

22) Payment shall be made following a complete inspection and review finding compliance with all areas of these specifications and all defects and discrepancies have been satisfied and approved by a representative of the Nevada State Department of Transportation. All delayed delivery warranty, component warranty and MSO documentation must be completed and presented at time of vehicle delivery.

23) Delivery to Nevada shall be by rail or truck transport to the place of business where body will be installed. The completed units shall be delivered to Nevada by rail or truck transport. These units may be driven (by a bonded driver), if it is within a 500 mile radius of destination. Any deviation from this must have prior approval by the Nevada State Purchasing Division.


While generally accepted large truck transportation is to piggyback two trucks and drive the third, the State of Nevada does not waive the 500-mile limitation without receiving specific written approval from the Purchasing Division prior to delivery/acceptance.

If a variance to the mileage limitation is approved, the Purchasing Division will require, at a minimum, a mileage discount of $1.00 per mile and a guarantee of full warranty from the date of acceptance by the end user regardless of mileage.

Please be advised, the State of Nevada does not routinely and in many cases will not approve a variance to the mileage limitation. A dealer may risk considerable financial loss if they assume the variance will be granted in due course. The State will not accept liability for any losses incurred as a result of excess mileage.

4. PAYMENT

4.1 Prices offered in bids are an irrevocable offer for the term of the Notice of Award (NOA)/ contract and any NOA/contract extensions unless otherwise specified on Attachment A.

4.2 The State generally pays within 30-45 days upon receipt of invoice and the using agency’s approval. Per the State’s policy and procedures, payments are not made prior to receipt of goods. Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this ITB electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

Vendor’s Payment Terms _____________________________

4.3 Prompt payment discount periods equal to (or greater than) 30 calendar days will receive consideration and bid pricing will be reduced (for evaluation purposes only) by the amount of that discount(s).

Vendor’s Prompt Payment Discount Offered ____________________

4.4 Vendor’s prices contained in this bid are subject to acceptance within _________calendar days.

4.5 The price quoted is for the specified delivery, and, unless otherwise specified in the Contract, is FOB destination (freight included) to the delivery address. Unless otherwise specified in the Contract, the price does not include applicable federal or State sales, use, excise, processing or any similar taxes, or duty charges, which shall be paid by the State, or in lieu thereof, the State shall provide the Vendor with a tax exemption certificate acceptable to the applicable taxing authority. Unless otherwise specified in the Contract, payment shall be made in accordance with Nevada law to the Vendor.

4.6 The State requests MSRP prices in effect at the time of bid submittal for internal statistical purposes.


4.7 Purchasing Card Acceptance

In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time it is not mandatory that vendors accept credit card purchases; vendors are encouraged to consider this alternate payment process. The current card available for state agency use is a VISA product.

Purchasing (Credit) Cards accepted: Yes __________ No __________

Payment discount for transactions involving card use: ___________ % Discount.

4.8 Delivery

Delivery will be completed within _______ calendar days after receipt of purchase order.

5. BID SUBMITTAL INSTRUCTIONS

5.1 Bids must be received at the address referenced below no later than 2:30 PM Pacific Time, January 11, 2018. Bids that do not arrive by bid opening time and date WILL NOT BE ACCEPTED. Vendors may submit their bid any time prior to the above stated deadline.

5.2 Bids may be submitted via mail or overnight delivery.

5.2.1 Hard Copy Bid Submission: Must be submitted in a sealed package, the package must be clearly marked: Invitation to Bid No. 8609, Bid Opening Date: January 11, 2018.

Bid shall be submitted to:State of Nevada, Purchasing DivisionHeather Moon, Purchasing Officer515 E. Musser Street, Suite 300Carson City, NV 89701

5.2.2 Electronic Bid Submittal: Bids may be submitted via email at [email protected]. If vendors do not have access to email, bids may be submitted via facsimile to: 775-684-0169. Transmittals of either method shall be clearly marked per Section 5.2.1.

5.3 The State Purchasing Division will not be held responsible for bid packages mishandled as a result of not being properly prepared.

5.4 To submit questions regarding this Invitation to Bid (ITB), email Heather Moon at [email protected]

5.4.1 The deadline for submitting questions is as specified in Section 5.5, ITB Timeline.


mailto:[email protected]


5.4.2 All questions and/or comments shall be addressed in writing. An email notification that the amendment has been posted to the Purchasing website shall be issued on or about the date specified in Section 5.5, ITB Timeline.

5.5 ITB TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT).

TASK DATE/TIME

Deadline for submitting questions 12/19/17@12:00 P.M.

Answers to all questions submitted available on or about 12/22/17

Deadline for submission and opening of bids 01/11/18 @ 2:30 P.M.

Evaluation period 01/11/18 – 01/12/18

Selection of vendor on or about 01/11/18 – 01/12/18

NOTE: These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time, with appropriate notice to prospective vendors.

5.6 This entire document and any amendments, if applicable, to this ITB must be returned as part of the vendor’s bid submission. Failure to comply with this requirement may be grounds for non-acceptance of the bid.

5.7 For purposes of addressing questions concerning this ITB the sole contact will be the Purchasing Division. Upon issuance of this ITB, employees and representatives of the agencies identified herein will not answer questions or otherwise discuss the contents of this ITB or any subsequent submitted bid responses with any prospective bidders or their representatives until issuance of formal NOA. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

5.8 Sealed bids will be publically opened and read at the date, time and location specified within the ITB. Assistance for handicapped, blind or hearing-impaired persons who wish to attend the ITB opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two days in advance of the opening.

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS

6.1 This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

6.2 Bids must conform to all terms, conditions and specifications in this ITB.


6.3 Vendor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA) as may be amended, and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations. Vendor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Vendor’s failure to comply with the acts and standards thereunder and for the failure of the items furnished under this order to so comply.

6.4 Pursuant to NRS Chapter 613 in connection with the performance of work under this contract, the vendor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to 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, without limitation, apprenticeship.

The vendor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

6.5 Every NOA/contract or order for goods must be awarded to the lowest responsible bidder. (NRS 333.340(1)) To determine the lowest responsible bidder, the Purchasing Division may consider:

The location of the using agency to be supplied; The qualities of the articles to be supplied; The total cost of ownership of the articles to be supplied; The conformity of the articles to be supplied with the specifications; The purposes for which the articles to be supplied are required; and The dates of delivery of the articles to be supplied.

The Purchasing Division shall not be obligated to accept low bid, but will make an award in the best interest of the State after all factors have been evaluated. (NRS 333.300(2))

6.5.1 When the advertisement for bids includes a statement that bids for alternative articles will be considered, alternative articles will be considered in as much as they are determined

to: Meet or exceed the specifications of the article listed in the original request for

bids; The purchase of the alternative article results in a lower price; and The Chief deems the purchase of the alternative article to be in the best interests

of the State.

6.6 Bids may be withdrawn by written or facsimile notice received prior to the ITB opening time. Withdrawals received after the ITB opening time will not be considered except as authorized by NRS 333.350(3).

6.7 The State reserves the right to alter, amend, or modify any provisions of this ITB, or to withdraw this ITB, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.


6.8 Any unsuccessful bidder may file an appeal in strict compliance with NRS 333.370.

6.9 The Legislature, the Supreme Court, the Nevada Wing of the Civil Air Patrol (NRS 333.469), the Nevada System of Higher Education (NRS 333.470) and local governments (as defined in NRS 332.015) are intended third party beneficiaries of any contract resulting from this ITB and any local government may join or use any contract resulting from this ITB subject to all terms and conditions thereof pursuant to NRS 332.195. The State is not liable for the obligations of any local government which joins or uses any contract resulting from this ITB.

6.10 Vendors who enter into a contract with the State of Nevada and who sell tangible personal property in the State of Nevada are required to obtain a permit in accordance with NRS 372.125, and required to collect and pay the taxes imposed by law on the sale of tangible personal property in this State.

6.11 When applicable, submission of a bid must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the bidder’s standard contract language. A review of these documents will be necessary to determine if a bid is in the best interest of the State.

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS

7.1 INCORPORATED DOCUMENTS: The Contract shall consist of this ITB, any amendments to this ITB if applicable, the vendor’s bid and all documentation contained therein, together with any subsequently issued purchase order(s) executed by a person with full power and authority to issue same on behalf of the State. A vendor’s bid shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in the Contract.

7.2 NOTICE: Unless otherwise specified, termination shall not be effective until thirty (30) calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if delivered via email, personally in hand, by telephonic facsimile, regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.

7.3 TERMINATION:

7.3.1 Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Contract may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.

7.3.2 State Termination for Nonappropriation. The continuation of the Contract beyond the current biennium is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or federal sources. The State may terminate the Contract, and the Vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified


therein) if for any reason the Contracting Agency’s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.

7.3.3 Cause Termination for Default or Breach. A default or breach may be declared with or without termination. The Contract may be terminated by either party upon written notice of default or breach to the other party as follows:7.3.3.1 If the Vendor fails to provide or satisfactorily perform any of the conditions,

work, deliverables, goods, or services called for by the Contract within the time requirements specified in the Contract or within any granted extension of those time requirements; or

7.3.3.2 If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by the Vendor to provide the goods or services required by the Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or

7.3.3.3 If the Vendor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or

7.3.3.4 If the State materially breaches any material duty under the Contract and any such breach impairs the Vendor's ability to perform; or

7.3.3.5 If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by the Vendor, or any agent or representative of the Vendor, to any officer or employee of the State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such contract; or

7.3.3.6 If it is found by the State that the Vendor has failed to disclose any material conflict of interest relative to the performance of the Contract.

7.3.4 Time to Correct. Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in paragraph 6.2, and the subsequent failure of the defaulting party within fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.

7.3.5 Winding Up Affairs Upon Termination. In the event of termination of the contract for any reason, the parties agree that the provisions of this paragraph survive termination:7.3.5.1 The parties shall account for and properly present to each other all claims for fees

and expenses and pay those that are undisputed and otherwise not subject to set off under the Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;

7.3.5.2 The Vendor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting Agency.

7.4 REPRESENTATIONS AND WARRANTIES: The Vendor represents and warrants to the State:

7.4.1 Bid Representations: All statements made by the Vendor on any application, bid, proposal, offer, financial statement, or other document used by the Vendor to induce the State to


enter into the Contract are true, correct, complete, and omit no information which would render them misleading.

7.4.2 Use of Broker: The Vendor agrees to indemnify the State from any damage, liability, or expense that it may suffer as a result of any claim of a broker or other finder with whom it is determined that the Vendor has dealt in connection with the transactions contemplated under the contract.

7.4.3 Express Warranties: For the period specified in the NOA, Vendor warrants and represents each of the following with respect to any goods provided under the contract:7.4.3.1 Fitness for Particular Purpose: The goods shall be fit and sufficient for the

particular purpose set forth in the Contract.7.4.3.2 Fitness for Ordinary Use: The goods shall be fit for the purpose for which goods

of a like nature are ordinarily intended, it being understood that the purpose for the goods covered by the Contract are ordinarily intended for use in general government administration and operations.

7.4.3.3 Merchantable, Good Quality, No Defects: The goods shall be merchantable, of good quality, and free from defects, whether patent or latent, in material and workmanship.

7.4.3.4 Conformity: The goods shall conform to the standards, specifications and descriptions set forth in the Contract. If the Vendor has supplied a sample to the State, the goods delivered shall conform in all respects to the sample and shall be identified by the word "sample" and Vendor's name.

7.4.3.5 Uniformity: The goods shall be without variation, and shall be of uniform kind, quality, and quantity within each unit and among all units.

7.4.3.6 Packaging and Labels: The goods shall be contained, packaged, and labeled so as to satisfy all legal and commercial requirements applicable to use by a government agency, including without limitation, Occupational Safety and Health Administration material safety data sheets and shall conform to all statements made on the label.

7.4.3.7 Full Warranty: The foregoing warranties are "full" warranties within the meaning of the Magnuson-Moss Warranty -- Federal Trade Commission Improvement Act, 15 U.S.C. 2301 et seq., and implementing regulations 16 C.F.R. pts. 700-703, if applicable to this transaction.

7.4.3.8 Title: The Vendor has exclusive title to the goods and shall pass title to the State free and clear of all liens, encumbrances, and security interests.

7.4.3.9 Infringement; Indemnity: The Vendor warrants the purchase or use of the goods shall not infringe upon any United States or foreign patent, and the Vendor shall indemnify the State against all judgments, decrees, costs, and expenses resulting from any alleged infringement and shall defend, upon written request of the State, at its own expense, any action which may be brought against the State, its vendees, lessees, licensees, or assignees, under any claim of patent infringement in the purchase or use of the Vendor's goods. If the State is enjoined from using such goods, the Vendor shall re-purchase such goods from the State at the original purchase price. The State shall notify the Vendor promptly in writing of any such suit. If the State compromises or settles any such suit without the written consent of the Vendor, the Vendor shall be released from the obligations


of this paragraph and from any liability to the State under any statute or other rule of law.

7.4.3.10 Usage of Trade; Course of Dealings; Implied Warranties: The Vendor shall be bound by any implied warranty that, at the time of execution of the Contract, prevails in the trade of government in the marketing area in and about the State of Nevada. The Vendor shall also be bound by any other implied warranty arising through course of dealings between the Vendor and the State from and after the execution of the Contract. The Vendor shall also be bound by all warranties set forth in Nevada's Uniform Commercial Code (NRS Chapter 104) in effect on the date of issuance of the NOA.

7.4.3.11 Warranties Cumulative: It is understood that warranties created by the Contract, whether express or implied, as well as all warranties arising by operation of law that affect the rights of the parties, are cumulative and should be construed in a manner consistent with one another.

7.4.3.12 Priority of Warranties: If it is held by a court of competent jurisdiction that there is an irreconcilable conflict between or among any of the warranties set forth in the Contract and any warranties implied by law, the parties agree that the specifications contained in the Contract shall be deemed technical and mere language of description.

7.4.3.13 Beneficiaries of Warranties: Benefit of any warranty made in the Contract shall be in favor of the State, any of its political subdivisions or agencies, employee or licensee thereof who uses the goods, and the benefit of any warranty shall apply to both personal injury and property damage.

7.5 DELIVERY, INSPECTION, ACCEPTANCE, TITLE, RISK OF LOSS: The Vendor agrees to deliver the goods as indicated in the Contract, and upon acceptance by the State, title to the goods shall pass to the State. The State shall have the right to inspect the goods on arrival and within a commercially reasonable time. The State must give notice to the Vendor of any claim or damages on account of condition, quality, or grade of the goods, and must specify the basis of the claim in detail. Acceptance of the goods described in the Contract is not a waiver of UCC revocation of acceptance rights or of any right of action that the State may have for breach of warranty or any other cause. Unless otherwise stated above, risk of loss from any casualty, regardless of the cause, shall be on the Vendor until the goods have been accepted and title has passed to the State. If provided by the Vendor, the State agrees to follow reasonable instructions regarding return of the goods.

7.6 NO ARRIVAL, NO SALE: The Contract is subject to provisions of no arrival, no sale terms, but proof of shipment shall be given by the Vendor; each shipment to constitute a separate delivery. A variation of ten (10) days in time of shipment or delivery from that specified in the Contract does not constitute a ground for rejection. The State may treat any deterioration of the goods as entitling the State to the rights resulting from a casualty to the identified goods without regard to whether there has been sufficient deterioration so that the goods no longer conform to the Contract.

7.7 BREACH, REMEDIES: Failure of either party to perform any obligation of the Contract shall be deemed a breach. In the event of a breach, the party asserting breach may, in addition to any remedies or rights afforded by Nevada law, cancel the Contract with respect to any executory


obligations. All rights and remedies are cumulative with one another and with those provided by law, and exercise of one remedy or right is not a waiver of the right to pursue any other right or remedy afforded. Penalties provided under Nevada law shall be limited to those in effect on the effective date of the Contract. See NRS 333.365. Either party, as a prevailing party to any arbitration or other action regarding the enforcement of the Contract, is entitled to reasonable attorney’s fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without limitation One hundred twenty-five dollars ($125) per hour for State-employed attorneys. The State may set off consideration against any unpaid obligation of the Vendor to any State agency.

7.8 LIMITED LIABILITY: The State will not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. Contract liability of both parties shall not be subject to punitive damages.

7.9 WAIVER OF BREACH: A failure to assert any right or remedy available to a party under the Contract, or a waiver of the rights or remedies available to a party by a course of dealing or otherwise shall not be deemed to be a waiver of any other right or remedy under the Contract, unless such waiver is contained in a writing signed by the waiving party.

7.10 SEVERABILITY: If any provision contained in the Contract is held to be unenforceable by a court of law or equity, the Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of the Contract unenforceable.

7.11 ASSIGNMENT/DELEGATION: To the extent that any assignment of any right under the Contract changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of the Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the assignment shall be void, and shall be a breach of the Contract. No duties of either party may be delegated without written consent by the other party, and any such consent does not in any way affect the liability of the delegating party, unless the writing so states.

7.12 FORCE MAJEURE: Neither party shall be deemed to be in violation of this Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the Contract after the intervening cause ceases.

7.13 GOVERNING LAW; JURISDICTION: This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, including, without limitation, Nevada's UCC (NRS Chapter 104) in effect on the date of the NOA. The parties consent to the jurisdiction and venue of the First Judicial District Court, Carson City, Nevada for enforcement of the Contract.


7.14 ENTIRE AGREEMENT; CONFLICT WITH OTHER DOCUMENTS: The Contract (including all incorporated attachments) is intended by the parties as the final expression of their agreement and is the complete and exclusive statement of the terms hereof. All prior agreements are superseded and excluded. Prices, quantities, dates, and places of deliveries and means of transportation may be fixed by attachments to the Contract. Except as previously stated, if any term in any incorporated attachment or in any Vendor's invoice contradicts or negates a term in the Contract, the Contract shall control. All amendments must be in writing and signed by the parties.

7.15 In accordance with NRS 333.4611, the State of Nevada, Purchasing Division shall require the purchase of new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil, have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. 6294a or its successor, or meet the requirements established pursuant to 48 C.F.R. 23.203. These standards do not apply insofar as: (a) No items in a given class have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. 23.302 or (b) The purchase of these items that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the items to the cost of the amount of energy that will be saved over the useful life of the item.

7.16 TERM: In accordance with NRS 333.280, the Purchasing Division may enter into a contract for the furnishing of goods for not more than two (2) years. The original terms of a contract may be extended annually thereafter if the conditions for extension are specified in this solicitation, and the Purchasing Division determines that an extension is in the best interest of the State.

7.17 INSURANCE: Automobile Liability, as stated below, is required only if the commodity is being delivered to the State by the vendor. If the commodity is being shipped by common carrier, automobile liability will not be required. Vendor shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.Automobile LiabilityBodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.Combined Single Limit (CSL) $1,000,000


ATTACHMENT A – COMPLIANCE CERTIFICATION

Submission of a bid shall constitute an agreement to all terms and conditions specified in this ITB, including, without limitation, the Terms and Conditions for Purchase of Goods.

I have read, understand and agree to comply with Section 2, Item Specification in this ITB. Checking “Yes” indicates compliance, while checking “No” indicates non-compliance and shall be detailed in the table below. In order for any exceptions to be considered they shall be documented.

YES _______ I agree. NO _______ I do not agree, Exceptions below:

Vendor Name

Vendor Signature

Print Name Date

EXCEPTION SUMMARYAttached additional sheets if necessary

SECTION 2(SPECIFY ITEM #)

EXCEPTION(PROVIDE A DETAILED EXPLANATION)


ATTACHMENT B - Vehicle Drawings

To open the document, double click on the icon.

If you are unable to access the above form, please contact Heather Moon [email protected] for an emailed copy.



ATTACHMENT C - Bidder Required Submittals/Checklist

To open the document, double click on the icon.

If you are unable to access the above form, please contact Heather Moon [email protected] for an emailed copy.



Documents

333.190 Inspection of purchased commodities; material …purchasing.nv.gov/uploadedFiles/purchasingnvgov/content... · Web viewThis shall be measured by drawing an imaginary vertical