calact spring 2014 conference workshop: developing a federally- compliant rfp helen louie, branch...
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CalACT Spring 2014 CalACT Spring 2014 Conference Workshop:Conference Workshop:DEVELOPING A DEVELOPING A FEDERALLY-COMPLIANT FEDERALLY-COMPLIANT RFPRFP
Helen Louie, Branch Chief, Federal Procurement Management Branch, Caltrans DMT Roy Glauthier, Transportation Planning and Policy George Sparks, Moderator, Pomona Valley Transportation Authority
CalACT Spring 2014 Conference Workshop 1
DEVELOPING A FEDERALLY-DEVELOPING A FEDERALLY-COMPLIANT RFPCOMPLIANT RFP
Workshop Objectives:To explain Caltrans’ role in reviewing/approving subrecipient procurements, FTA Sections 5310, 5311, and 5339;To identify troublesome Federal RFP requirements and how to satisfy them; andTo unlock the procurement process and share techniques and approaches for an effective, open and successful management procurement.
CalACT Spring 2014 Conference Workshop 2
Workshop OutlineWorkshop OutlineProcurement FundamentalsTypes of ProcurementsBasic RequirementsUnderstanding the Contractor MarketGetting Started – Developing your timeline
Developing Your RFP PackageMajor Parts of RFP DocumentContract ElementsFederal RequirementsKey Elements in Scope of Work
3:00 – 3:15 pm Break
Carrying Out a Management ProcurementPre-Proposal Conference, Addenda, Proposal Evaluation and more
4:45 pm Workshop Wrap-up and Evaluation
CalACT Spring 2014 Conference Workshop 3
Federal Laws & Regulations Federal Laws & Regulations
49 U.S.C. Chapter 53 Public Transportation 49 CFR Part 18 – Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments
49 CFR Part 19 – Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations
FTA Master Agreement FTA Circular 4420.1F – Third Party Contracting
Guidance
CalACT Spring 2014 Conference Workshop 4
Other Useful Sources of Other Useful Sources of Procurement Guidance:Procurement Guidance:1. FTA Best Practices Procurement Manualhttp://www.fta.dot.gov/funding/thirdpartyprocurement/grants_financing_6037.html
2. 2014 Triennial Review Workbook, Section 6, Procurement http://www.fta.dot.gov/documents/FY_2014_Triennial_Review_Workshop_Workbook_Rev_2.pdf
3. Caltrans Procurement Website
http://www.dot.ca.gov/hq/MassTrans/Procurement-Mgmt.html
4. FTA Third Party Procurement FAQs
http://www.fta.dot.gov/grants/13054_6039.html
5. Federal Acquisition Regulation (FAR)
https://www.acquisition.gov/far/
6. Your agency’s procurement policies.CalACT Spring 2014 Conference Workshop 5
Why Competition?Optimizes quality & priceProtects taxpayer moneyOffers healthy business opportunities
Stimulates economy
CalACT Spring 2014 Conference Workshop 6
Basic Responsibilities• Written Standards of Conduct
Personal Conflict of Interest
Organizational Conflict of Interest
• Annual Certification and Assurances
Procurement Responsibilities
• Contract Administration System Ensures contractor compliance to:
Federal, State and Local Regulations Contract terms
• Written Procurement Policy Types of procurement Agency thresholds Standards of conduct Procurement responsibilities and
documentation
Critical TerminologyCritical Terminology
Bid versus Competitive Procurement-- Bid requires very clear
specifications-- Competitive Procurement is
intended to permit competition on quality and other factors, as well as on price
CalACT Spring 2014 Conference Workshop 9
Types of Procurements*Types of Procurements* Micro-Purchase [<$3,000] Small Purchase [$3,000 to $100,000] Professional Services Agreement Architectural/Engineering Sealed Bid Competitive Procurement Noncompetitive Procurement [Sole
Source]
*Depending on your agency’s procurement policies
CalACT Spring 2014 Conference Workshop 10
Micro Purchase: What does Caltrans need from you?
Determine the price to be fair and reasonable:◦ Recent purchase◦ Obtained from current price list or catalog◦ Personal knowledge◦ Regulated rate◦ Commercial market sales price
Self certify and submit to the Program Liaison.◦ http://www.dot.ca.gov/hq/MassTrans/Procurement-
Mgmt.html
Bid Splitting- Cannot split procurement in order to be below the micro level threshold of $3,000.
Small Purchase:What does Caltrans need from you?
Scope of work or SpecificationsOutreach to bidders or vendorsDetermine the price to be fair and
reasonable:◦ Requires a formal Independent Cost (or
price) Estimate (ICE).Selection of bidder or vendorDocumented justification for selectionAdditional guidance found on our webpage:
◦ http://www.dot.ca.gov/hq/MassTrans/Procurement-Mgmt.html
Types of Procurements*Types of Procurements* Micro-Purchase [<$2,500] Small Purchase [<$100,000] Professional Services Agreement Architectural/Engineering Sealed Bid Competitive Procurement Noncompetitive Procurement [Sole
Source]
*Depending on your agency’s procurement policies
CalACT Spring 2014 Conference Workshop 13
Sealed Bids [FTA Requirements]A complete, adequate and reasonable specification purchase description is available.Two or more responsible bidders willing and able to compete effectively.Procurement lends itself to firm fixed-price contract and selection can be made primarily on the basis of price.No discussion with bidders is needed after receipt of offers
Award will go to lowest responsible bidder
Competitive ProcurementA complete, adequate and realistic specification or purchase description may not be available. The contract award amount can only be determined from a negotiation process. Discussions or negotiations may be needed to address technical requirements as well as proposed cost or price aspects of the offeror's proposal. May be opportunity to revise proposals and to submit a final proposal.
Award should go to firm that best meets evaluation criteria – may not be lowest price.
CalACT Spring 2014 Conference Workshop 14
Competitive ProcurementCompetitive Procurement
FTA Requirements:◦ Must be conducted in a manner providing full and open
competition.◦ Must be publicly advertised.◦ Proposals shall be solicited from an adequate
number of known sources [i.e. bidders list].
CalACT Spring 2014 Conference Workshop 15
Bidder’s List [aka Solicitation Mailing Bidder’s List [aka Solicitation Mailing List]List]Should contain the names, addresses, contact
data and key staffList should include:
◦ Incumbent provider◦ Firms proposing on prior procurement (or similar
procurements with other agencies)◦ Firms who have expressed interest in response to your
advertisement◦ Firms suggested by incumbent provider or third party
consultant◦ Any firm that contacts agency asking to be included on future
procurements◦ Firms suggested by DBE officer/office◦ Firms suggested by trade organizations [CalACT, APTA, CTAA]
At completion of procurement, update Bidder’s List
CalACT Spring 2014 Conference Workshop 16
Competitive ProcurementCompetitive Procurement
FTA Requirements:◦ Must be conducted in a manner providing full and open
competition.◦ Must be publicly advertised.◦ Proposals shall be solicited from an adequate number of
known sources [i.e. bidders list].◦ RFP must be issued with sufficient time to prepare
proposal prior to due date.◦ RFP must contain specifications, attachments and
description of services in order for the proposer to properly respond.
◦ RFP must identify all evaluation criteria along with their relative importance.
◦ Awards will be made to the responsible firm whose proposal is most advantageous to the grantee's program with price and other factors considered.
CalACT Spring 2014 Conference Workshop 17
Competitive ProcurementCompetitive Procurement
“Most advantageous” may be defined as eitherBest value - requires tradeoffs between price and non-price factors to select the best overall value to the grantee. Lowest price technically acceptable proposal - requires selection of the lowest price proposal meeting the minimum RFP requirements.“Scores, without substantive explanations of the relative strengths and weaknesses of the competitive proposals, including the perceived benefits to the agency, are an insufficient basis for paying a higher price. The file must explain why company X represents the best value to the agency.” [BPPM p.91]
CalACT Spring 2014 Conference Workshop 18
Competitive ProcurementIFB or RFP:
What does Caltrans need from you? Independent Cost (or price) Estimate
◦ Completed and approved prior to bid solicitation
Draft Bid/Proposal Solicitation
◦ Approved prior to release
Advertisement Method for solicitation
Public opening of sealed bids (IFB)
Documented justification for selection & Draft Contract
Executed Contract after award approval
Additional guidance found on our webpage:
◦ http://www.dot.ca.gov/hq/MassTrans/Procurement-Mgmt.html
Types of ProcurementsTypes of ProcurementsNoncompetitive Procurements [Sole Source]1. Under Federal guidelines, may only be used when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and at least one of the following circumstances applies: (a)The item is available only from a single source;(b)The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (c) FTA authorizes noncompetitive negotiations; (d) After solicitation of a number of sources, competition is determined inadequate; or (e) The item is an associated capital maintenance item as defined in 49 U.S.C. § 5307(a)(1) that is procured directly from the original manufacturer or supplier of the item to be replaced. The grantee must first certify in writing to FTA: (i) that such manufacturer or supplier is the only source for such item; and (ii) that the price of such item is no higher than the price paid for such item by like customers.2. A cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profit, is required. [BPPM pp. 105-106]
RTAP Management Procurement Workshop 20
Methods of Capital Methods of Capital ProcurementProcurementJoint Procurement/ Leveraged
AgreementsState Vehicle Contracts –
Minivans to Large Transit BusCalACT/MBTA – Minivans to Large
Bus
RTAP Management Procurement Workshop 21
Piggybacking:Piggybacking:What does Caltrans need from you?What does Caltrans need from you?
Follow the Piggybacking Checklist Approval to Piggyback from Primary Agency Final Contract Solicitation Document & all Addendums Certifications & Assurances Awarding Agency’s Selection Analysis Checklist & guidance found on our webpage:
◦ http://www.dot.ca.gov/hq/MassTrans/Procurement-Mgmt.html
Intelligent Transportation Intelligent Transportation Systems & National Systems & National ArchitectureArchitecture
• Caltrans must have ITS Compliance form on file before reviewing any ITS procurements.
• Computer hardware• Software• Electronic fare payment system (smart farebox)• Global Positioning System (GPS)• Automatic Vehicle Locator (AVL) • Computer-aided dispatching, or vehicle
maintenance systems
Overview of the Contracting Overview of the Contracting MarketMarketMajor National FirmsRegional FirmsLocal Transportation Firms
Focus on performance-based specifications
Clearly indicate criteria for selectionSeek broadest possible participation
in process
CalACT Spring 2014 Conference Workshop 25
Your First Question:Your First Question:Should you go to out to bid or Should you go to out to bid or not?not?What does your existing contract
say about contract term and options?
What objectives will be achieved by a competitive procurement?
Could these be achieved through negotiations with existing contractor?
CalACT Spring 2014 Conference Workshop 26
Getting Started: Getting Started: Determine Your TimelineDetermine Your TimelineRFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart of ServiceMonth OneMonitoring &
managementRepeat as needed
CalACT Spring 2014 Conference Workshop 27
Getting Started: Getting Started: Determine Your Procurement Determine Your Procurement TimelineTimelineDevelop a “Reverse Timeline”
◦Determine Start of Service date and work backwards with time requirements for each phase of procurement process
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Getting Started:Getting Started:Determine Your Procurement Determine Your Procurement TimelineTimeline Internal RFP Drafting & Approval
Request for Proposals Issued
Voluntary Pre-proposal Conference
Deadline for Submission of Questions
Addenda and Answers Distributed
PROPOSALS DUE
Evaluation and Interviews
Best and Final Offers
Contract Award
START OF SERVICE July 1, 2015
CalACT Spring 2014 Conference Workshop 29
Getting Started:Getting Started:Determine Your Procurement Determine Your Procurement TimelineTimeline Internal RFP Drafting & Approval Begins September 1
Request for Proposals Issued December 1
Voluntary Pre-proposal Conference December 21
Deadline for Submission of Questions January 10
Addenda and Answers Distributed January 15
PROPOSALS DUE February 1
Evaluation and Interviews February 15
Best and Final Offers March 1
Contract Award April 1
START OF SERVICE July 1, 2015
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Getting Started:Getting Started:Determine Your Procurement Determine Your Procurement TimelineTimelineCritical Considerations in Setting Timeline: Acquisition and Preparation of
Vehicles Facilities Computers and software, other equipment
Internal City/Agency Reviews and Approvals Review and approval of RFP document by management, legal
counsel, risk management, etc. Council/governing body approval of RFP, selection, award
Practical Considerations Holiday periods Governing Board meeting schedule Coordinating contract timing to fiscal year
Others?
CalACT Spring 2014 Conference Workshop 31
Elements of the Procurement Elements of the Procurement ProcessProcessRFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart of ServiceMonth OneMonitoring &
managementRepeat as needed
CalACT Spring 2014 Conference Workshop 32
Developing Your Request for Developing Your Request for ProposalsProposalsStart with a good sample RFP…
or several Why reinvent the wheel?
Sample RFP: City of Golden Real RFP Modified to include FTA requirements And Current Best Practices
CalACT Spring 2014 Conference Workshop 33
Major Parts of RFP Major Parts of RFP DocumentDocumentSolicitationTerms of procurement, evaluation criteria
and protest process, checklist of proposal contents
Scope of WorkSample ContractRequired FormsAttachments -- Anticipate bidders’ requests:
Copies of monthly reports, present wage scales and benefits, fleet schedule and mileages, detail on provided equipment, facilities and furnishings
CalACT Spring 2014 Conference Workshop 34
Contract vs. Scope of Contract vs. Scope of Work ??Work ??Contract Legal structure
defining the relationship between the contracting agency and the contractor firm
Scope of WorkDescription of the
services, equipment, and/or facilities to be provided under the contract
CalACT Spring 2014 Conference Workshop 35
Key Elements in Contract Key Elements in Contract DocumentDocumentTerm of contract and any option
periods◦Clearly state base term of contract◦Specify any option periods and how
these may be exercised [“at sole option of the City”]
◦Specify option term price [specific price or CPI limit]
CalACT Spring 2014 Conference Workshop 36
Key Elements in Contract Key Elements in Contract DocumentDocumentTerm of contract and any option
periodsTermination for cause and for
convenienceHow compensation will be paid
◦ Form of compensation◦ Documentation needed for payment◦ Timing of payments◦ Payment for additional and out-of-contract services
CalACT Spring 2014 Conference Workshop 37
Forms of Compensation
Fixed Rate [per Rev Vehicle Hour, RVM, passenger]
Fixed and Variable – usually fixed payment per month for fixed cost reimbursement plus specified amount per hour or mile operated during billing period
Pass-through or Cost reimbursement – useful for cost items out of contractor’s control [e.g. fuel, facility rent, system phone lines, major component repairs]
CalACT Spring 2014 Conference Workshop 38
Key Elements in Contract Key Elements in Contract DocumentDocumentTerm of contract and any option
periodsTermination for cause and for
convenienceHow compensation will be paidInsurance RequirementsEmergency response:
◦Expected actions◦Terms of compensation
CalACT Spring 2014 Conference Workshop 39
And, in case your project uses And, in case your project uses Federal funds…..Federal funds…..
CalACT Spring 2014 Conference Workshop 40
Required Contract Clauses1. Fly America
2. Buy America
3. Charter Bus & School Bus
4. Cargo Preference
5. Seismic Safety
6. Energy Conservation
7. Clean Water
8. Bus Testing
9. Pre-Award & Post Delivery Audit
10. Lobbying
11. Access to Records and Reports
12. Federal Changes
13. Bonding
14. Clean Air
15. Recycled Products
16. Davis-Bacon & Copeland Anti-Kickback Act
17. Contract Work Hours & Safety Standards
19. No Government Obligation to 3rd Party
20. Program Fraud & Fraudulent Statement
21. Termination
22. Government-wide Debarment
23. Privacy Act
24. Civil Rights
25. Breaches & Dispute Resolution
26. Patent & Rights in Data
27. Transit Employee Protective Agreements
28. Disadvantaged Business Enterprise (DBE)
30. Incorporation of FTA Terms
31. Drug & Alcohol Testing
Applicable Federal Clauses Applicable Federal Clauses See See Caltrans Listing Caltrans Listing ororExtract from FTA Triennial Review WorkbookExtract from FTA Triennial Review Workbookhttp://www.fta.dot.gov/documents/FY_2014_Triennial_Review_Workshop_Workbook_Revhttp://www.fta.dot.gov/documents/FY_2014_Triennial_Review_Workshop_Workbook_Rev_2.pdf_2.pdf
Exhibit 6.1A. Required Third-
Party Contract Clauses
B. Required Certifications, Reports and Forms
C. Other Required Items
Exhibit 6.2Applicability of Third-
Party Contract Clauses
[breaks down applicability by type of procurement & dollar value]
CalACT Spring 2014 Conference Workshop 42
Key Elements in Scope of Key Elements in Scope of WorkWorkDefinitions
◦Any terms used in compensation [e.g. vehicle revenue hours and miles]
◦Acronyms [NTD, FTA, GPPV]◦Service terms: door-to-door, curb-to-
curb, on-time, dwell time, missed trip, no-show
CalACT Spring 2014 Conference Workshop 43
Key Elements in Scope of Key Elements in Scope of WorkWorkDefinitionsDescription of services to be
operatedPerformance standards,
penalties/incentives, how defined and measured
Detailed Responsibilities of Agency and Contractor
Staffing: key positions, qualifications, retention/replacement and approval
CalACT Spring 2014 Conference Workshop 44
Key Elements in Scope of Work -- Key Elements in Scope of Work -- ContinuedContinuedSpecifications for vehicles and
equipment to be provided by contractor or supplied by agency◦Make, model year, fuel, mileages◦Replacement schedule or
requirements◦Present condition/ major rebuild
history◦Integrated equipment: radios, MDTs,
AVL, annunciators, fareboxes,…CalACT Spring 2014 Conference Workshop 45
Key Elements in Scope of Work -- Key Elements in Scope of Work -- ContinuedContinuedSpecifications for vehicles and
equipment to be provided by contractor or supplied by agency
If DAR, operating details ◦Scheduling software or procedures to
be used◦Present call volumes by hour and
day◦Request policies [DR, advance or
subscriptions]CalACT Spring 2014 Conference Workshop 46
Key Elements in Scope of Work -- Key Elements in Scope of Work -- ContinuedContinuedSpecifications for vehicles and
equipment to be provided by contractor or supplied by agency
If DAR, operating detailsFuel cost arrangements
CalACT Spring 2014 Conference Workshop 47
Review/Approval of RFP PackageReview/Approval of RFP Package
Will be determined by your agency’s procurement policies
If FTA funding involved, contact Caltrans early
May include formal policy board action [City Council, Board of Directors]
Review may include legal counsel, risk management, partner agencies
CalACT Spring 2014 Conference Workshop 48
Perform Independent Cost EstimatePerform Independent Cost Estimate
Required by FTA Circular 4220.1FGrantees must perform a cost or price analysis
in connection with every procurement action, including contract modifications.
Purpose of cost or price analysis is to ensure that you do not pay unreasonably high or low prices.
Before issuing solicitation, develop an independent estimate of the proper price level for supplies or services to be purchased – estimate can range from simple comparison pricing to detailed calculation.
“Independent” does not necessarily mean “third party”
CalACT Spring 2014 Conference Workshop 49
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 50
RFP Release/PublicationRFP Release/Publication
Distribute to Firms on Bidders List
Publish Notice per Agency requirements
Distribute RFP, Addenda and communications by email with USPS backup.
Document all efforts!!
CalACT Spring 2014 Conference Workshop 51
Document Procurement ProcessDocument Procurement ProcessCreate Binder for Each Procurement.Organize in chronological order.Retain one copy of each proposal.How much documentation is needed?
◦Ans: Enough to satisfy a third party [for example, an auditor] that you’ve complied with your agency’s policies and procedures and that price paid is “reasonable.”
Retain documents at least for life of contract
CalACT Spring 2014 Conference Workshop 52
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 53
Preproposal ConferencePreproposal Conference
Mandatory or Optional?Schedule for Tuesday – Thursday to
facilitate bidder travelRequire Sign-In and distribute
copies before people leave conference
Require all questions to be in writingInclude walk-through of facilities
and typical vehiclesSample Agenda
CalACT Spring 2014 Conference Workshop 54
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 55
Addenda/ClarificationsAddenda/Clarifications
Issue as many as required to clarify/correct RFP and answer questions
Answer ALL questions, even if some questions duplicate.
Allow adequate time between final answers and Proposal Due Date.
See Sample AddendumCalACT Spring 2014 Conference Workshop 56
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 57
Proposal SubmissionProposal Submission
Set firm deadline with date, time and location for receipt.
Time and date stamp packages upon receipt.
Return unopened any proposals received after deadline by official clock.
Once received, confidential proposal evaluation process begins until notice of intent to award is published.
CalACT Spring 2014 Conference Workshop 58
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 59
Technical EvaluationTechnical Evaluation
Verify that Proposals Meet Content Requirements◦ Received on time
◦ Required forms all present and executed
◦ Length, formatting requirements met
Do Proposals Meet Technical Specifications ?◦ Vehicles and vehicle-related equipment
◦ Facilities and furnishings
◦ Radios, computers/software, other equipment [copies, fax, TDD, …]
◦ Staffing [numbers, experience, qualifications]
Cost Evaluation and Comparison◦ Are cost forms clear and complete?
◦ Do year-to-year changes make sense?
◦ Do cost comparisons between proposals raise questions/issues?
CalACT Spring 2014 Conference Workshop 60
CalACT Spring 2014 Conference Workshop 61
CITY OF REDONDO BEACH/ BEACH CITIES TRANSIT
TECHNICAL REVIEW FORM
Proposing Firms
RFP Section RFP Requirement
Firm A Firm B Firm C Firm D
Proposal Format/Inclusions
14.A Acknowledgement of Addenda 1, 2, 3 Yes Yes Yes Yes
14.A Proposal valid for 90 days Yes Yes Yes Yes
Ex.C Required forms provided
Non-Collusion Affidavit Yes Yes Yes Yes
Schedule of Subcontractors Not included Yes Yes Yes
Buy America Certificate Yes Yes Yes Yes
Certificate Regarding Debarment Yes Yes Yes Yes
Lobbying Certification Yes Yes Yes Yes
14.BProposer or management team must have minimum 3 years recent experience with comparable services Yes Yes
Limited, requesting additional info Yes
14.1.C Minimum of 5 references provided Yes Yes Yes Yes
14.1.DAny past, current or pending financial or legal issues that could jeopardize performance? No Not addressed No, p.12 No, p.25
14.1.E Any prior bankruptcies? No Not addressed No, p 13 No, p.26
14.1.FAny public transit agency contracts terminated prior to intended expiration date? None for performance Not addressed None for performance
One terminated by mutual agreement,
p.26
14.1.G
Any restrictions, exceptions, or accommodations that may impact firm's successful provision of BCT services? None noted Not addressed No, p.15 No, p.26
14.1.HAny citations, fines or orders to stop operations caused by negligence? None noted Not addressed No, p.16 No, p.26
14.5 Any Deviations or Exceptions taken with RFP? None noted
Note exception on p.37 related to
collective bargaining impact on costs. No No
CalACT Spring 2014 Conference Workshop 62
BCT Cost EvaluationTable 2: Year 1 Proposed Cost, All Proposers
Fixed Route w/City Facilities Option - Required
Proposer
Salary & WagesFirm A Firm B Firm C
Vehicle Operators $ 475,798 $ 444,264 $ 467,003 Supervisors $ 88,421 $ 28,167 $ 30,000 Project Manager $ 56,914 $ 48,594 $ 22,500 Maintenance staff $ 137,797 $ 110,771 $ 100,000 Dispatch staff $ 75,232 $ 16,269 $ 33,250 Administrative staff/other $ 11,005 $ - $ 15,000 Subtotal Salary & Wages $ 845,167 $ 648,065 $ 667,753
BenefitsVehicle Operators $ 82,579 $ 97,527 $ - Supervisors $ 18,770 $ 7,113 $ 3,000 Project Manager $ 13,063 $ 6,279 $ 1,500 Maintenance staff $ 24,731 $ 16,159 $ 6,000 Dispatch staff $ 11,896 $ 12,988 $ 6,000 Administrative staff/other $ 2,523 $ - $ - Subtotal Benefits $ 153,562 $ 140,066 $ 16,500
Maintenance & Repairs - Revenue VehiclesPreventive maintenance $ 88,995 $ 70,788 $ 30,000 General maintenance $ 20,477 $ 44,243 $ 30,000 Unscheduled maintenace $ 38,141 $ 35,394 $ 30,000 Vehicle cleaning $ 35,142 $ 12,003 $ 27,500 Accident repairs $ 7,733 $ 15,388 $ 15,000 Subtotal M&R $ 190,488 $ 177,816 $ 132,500
InsuranceLiability insurance $ 58,893 $ 1,215 $ 4,000 Automobile insurance $ 6,544 $ 59,706 $ 60,000 Workers Compensation insurance $ 79,098 $ 63,525 $ 80,000 Insurance - other $ - $ 15,388 $ 4,000 Subtotal Insurance $ 144,535 $ 139,834 $ 148,000
Operating CostsDrug & alcohol testing $ 2,834 $ 2,086 $ 2,500 Employee recruitment & retention $ - $ 405 $ 2,500 Equipment - Administrative $ 3,410 $ 3,922 $ 15,000 Equipment - Dispatch $ - $ 3,922 $ 5,000 Equipment - Maintenance $ 1,498 $ 1,961 $ 10,000 Facility/building lease N/A N/A N/A Fuel revenue vehicles N/A N/A N/A Non-revenue vehicles $ 6,412 $ 12,993 $ 6,000 Performance bond $ 3,512 $ 28,347 $ 10,400 Taxes & licenses $ 1,282 $ 38,471 $ 7,500 Training - other $ 826 $ 762 $ 2,500 Training - Vehicle Operators $ 19,811 $ 8,756 $ 15,000 Uniforms $ 5,829 $ 7,573 $ 1,000 Utility costs N/A N/A $ 8,000 Misc Costs $ 19,578 $ 44,686 Subtotal Operating Costs $ 64,992 $ 153,884 $ 85,400
SUBTOTAL BCT COSTS $ 1,398,744 $ 1,259,665 $ 1,050,153
Management fee $ 30,081 $ 5,414 $ 132,878 Profit $ 75,201 $ 51,486 $ 100,517 TOTAL $ 1,504,026 $ 1,316,565 $ 1,283,548
Service Hours 31,771 31,771 31,771
Vehicle Service Hour Rate $ 47.34 $ 41.44 $ 40.40
CalACT Spring 2014 Conference Workshop 63
BCT Cost Evaluation -- Revised 11/13/09
Table 1: Five Year Proposed Cost, All Proposers
Proposer
Firm A Firm B Firm C Firm D
City Facilities Option - Required
Year 1 Fixed Route $1,504,028 $1,316,565 $1,283,548 $1,356,119
Dial-A-Ride $343,686 $382,693 $293,310 $309,874
Year 2 Fixed Route $1,548,305 $1,348,587 $1,332,054 $1,399,974
Dial-A-Ride $353,804 $391,409 $302,109 $319,895
Year 3 Fixed Route $1,614,700 $1,392,779 $1,361,716 $1,439,761
Dial-A-Ride $368,976 $403,774 $311,173 $328,998
Year 4 Fixed Route $1,670,128 $1,438,499 $1,402,568 $1,483,766
Dial-A-Ride $381,641 $416,544 $320,508 $339,054
Year 5 Fixed Route $1,729,954 $1,485,801 $1,444,645 $1,523,374
Dial-A-Ride $395,312 $429,734 $330,123 $348,105
Total 5-Year Cost $9,910,534 $9,006,385 $8,381,754 $8,848,920
Alternate Facilities Option - Required
Year 1 Fixed Route $2,137,263 $1,678,106 $1,539,940 $1,879,557
Dial-A-Ride $488,386 $466,079 $351,892 $429,481
Year 2 Fixed Route $2,194,408 $1,734,637 $1,586,138 $1,921,218
Dial-A-Ride $501,445 $480,728 $362,449 $439,001
Year 3 Fixed Route $2,280,140 $1,806,247 $1,633,723 $1,979,204
Dial-A-Ride $521,035 $499,715 $373,322 $452,264
Year 4 Fixed Route $2,356,156 $1,881,498 $1,682,734 $2,054,242
Dial-A-Ride $538,406 $519,620 $384,522 $469,410
Year 5 Fixed Route $2,437,637 $1,960,614 $1,733,216 $2,132,159
Dial-A-Ride $557,025 $540,497 $396,058 $487,244
Total 5-Year Cost $14,011,901 $11,567,741 $10,043,994 $12,243,780
EvaluationEvaluation
Assemble Evaluation Panel◦ 5-7 members [agency staff, partner agencies,
funding entities]◦ Allow no communications between bidders and
panel members or decision makers [Sole Point of Contact]
Keep Process Simple◦ Distribute proposals with review forms◦ First panel meeting to review proposals and select
finalists◦ Second meeting to conduct interviews and make
panel recommendation Panel notes and recommendations become public
following award.CalACT Spring 2014 Conference Workshop 64
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluation InterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 65
InterviewsInterviews
Optional at agency’s discretionSchedule well ahead [best in RFP]No requirement to interview all proposing firmsDetermine interview timing and contentSelect random order for telephone invitations,
allow firms to select open times in order of contact.
Send interview confirmation by email and USPSDesignate time-keeper and question readerRequire Project Manager to participate and limit
number on proposer teamsSee Sample Interview Invitation and Questions
CalACT Spring 2014 Conference Workshop 66
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluationInterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 67
Best and Final Offer [BAFO]Best and Final Offer [BAFO]
OptionalValuable if:
◦ Selection is close◦ Questions about what is being provided◦ Specifications need to be clarified
May be requested of all proposers or only those in competitive rangei.e. those offerors whose proposals have a reasonable
chance of being selected for award
CalACT Spring 2014 Conference Workshop 68
CalACT Spring 2014 Conference Workshop 69
January 28, 2008
RE: Rosemead Transit Proposals - Request for Best and Final Offers
Pursuant to Section I, Screening, Selection, and Award, of the City of Rosemead’s Request for Proposals, Management and Operation of the Rosemead Transit System, we are requesting that your firm submit your Best and Final Offer for the turn-key management and operation of the system as set forth in the City’s RFP and Addendum No.1. Your Best and Final Offer should confirm the Cost Proposals previously submitted for conventional and alternative fuel or, if appropriate, provide new Cost Proposal documents amending your original submission. We wish to clarify that all proposals are to manage and operate the Rosemead Transit System according to the service descriptions and policies stated in the Request for Proposals. Although, as stated, it is the intention of staff to propose to modify certain aspects of the Rosemead Dial-A-Ride and to assess the Shopper Shuttle route and service, such policy changes require action by the Rosemead City Council which is not to be assumed. Your Best and Final Offer must be received by the City no later than 5:00pm on Thursday, January 31, 2008. Submission by email is acceptable so long as an original, signed copy is subsequently received. Mailed, expressed or hand-delivered submissions are to be sent to: City of Rosemead Administrative Services Department 8838 E. Valley Blvd. Rosemead, CA 91770 ATTN: Sylvia Llamas Please acknowledge receipt of this communication by return email or with a telephone call to me at the number shown below. I look forward to receiving your Best and Final Offer and invite you to contact me if you have questions about this request or our process.
Chris Marcarello Administrative Services Officer City of Rosemead Phone: 626-569-2118 Email: [email protected]
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluationInterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 70
Procurement DocumentationProcurement Documentation
Minimum Records shall include:◦ Rationale for method of procurement◦ Selection of contract type◦ Reasons for contractor selection/rejection◦ Basis for contract price.
Most common problems:◦ No independent cost analysis◦ No cost/price analysis of proposed costs◦ No documented rationale for contract type◦ No documentation for selection decision◦ No documentation for how price was set.
CalACT Spring 2014 Conference Workshop 71
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluationInterviewsBAFO/negotiations
Selection/staff report
AwardContract finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 72
Protest
ProtestsProtests3 Types of Protests:
Pre-Bid or Solicitation Phase Pre-award Protest Post-award Protest
Based on FTA requirements:Agencies must have written protest procedures;Protesters must exhaust administrative remedies before appealing to FTA;FTA review is limited:
◦ Does agency fail to have or to follow its protest procedures?
◦ Does agency fail to review a complaint or protest?◦ Is there a violation of Federal law or regulation?
[FTA Circular 4220.1F]
CalACT Spring 2014 Conference Workshop 73
One Last Step Before Award…One Last Step Before Award…Excluded Parties SearchExcluded Parties SearchTo ensure that a debarred contractor
is not awarded a Federally-funded contract, the grantee is required to conduct a check the excluded parties listing on System for Award Management at https://www.sam.gov/portal/public/SAM/##11
Print a copy of the search results for your procurement record.
CalACT Spring 2014 Conference Workshop 74
Debriefing Unsuccessful OfferorsDebriefing Unsuccessful Offerors
Timing of notification to unsuccessful offerors may depend on your agency’s policies.
Proposers may request a debriefing or agency may offer to provide a debriefing.
Debriefings are not required, but may defuse potential disputes and encourage future proposals.
Debriefing should concentrate on objective, quantified scoring process and qualified committee without comparisons to successful proposer.
Focus on strengths and weaknesses of the offer itself – be specific.
CalACT Spring 2014 Conference Workshop 75
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluationInterviewsBAFO/negotiations
Selection/staff report
AwardContract
finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 76
TransitionTransition Include transition requirements in Scope of
Work Initiate transition meetings immediately of
award of contractRequire participation of on-site managers
and responsible senior managerDocument agreements reached in meetings If vehicle maintenance/condition involved,
consider independent maintenance expertCritical issues: vehicle maintenance and
physical condition, transfer of phone lines, access to current employees for information/interviews/training, completion of NTD and other reporting, other?
Take nothing for granted.CalACT Spring 2014 Conference Workshop 77
CloseoutCloseoutCloseout procedure ensures and
documents the physical and administrative completion of a contract.
Steps/requirements should be listed in Contract Closeout Checklist.
Final payment should be dependent on completion of Checklist.
CalACT Spring 2014 Conference Workshop 78
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluationInterviewsBAFO/negotiations
Selection/staff report
AwardContract
finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 79
Elements in the Procurement Elements in the Procurement Process Process RFP developmentRFP
release/publicationPreproposal
conference & question period
Addenda/clarifications
Proposal submissionEvaluationInterviewsBAFO/negotiations
Selection/staff report
AwardContract
finalizationTransitionStart-upMonth OneMonitoring &
managementRepeat ?
CalACT Spring 2014 Conference Workshop 80
Procurement Training Opportunities
National Transit Institute (NTI)◦Offers a Procurement training series
Course 1: Orientation to Procurement Course 2: Risk Assessment and Basic
Cost or Price Analysis Course 3: RFP and Competitive Contract
Negotiations Course 4: Contract Administration
◦Courses are generally free◦NTI website:
http://www.ntionline.com/CalACT Spring 2014 Conference Workshop 81
Caltrans Procurement Resources•Branch Chief
Helen Louie (916) 654-6990; [email protected]
•Bus and Rolling Stock
Sharlie Kessler (916) 654-9986; [email protected]
Ralph Martinez (916) 654-8631; [email protected]
•Contract and Other Procurements
Frank Nevitt (916) 654-9495; [email protected]
Elaine Houmani (916) 654-7205; [email protected]
Daniel Yerushalmi (916) 653-3088; [email protected]
•Vehicle Inspections
John Cano (916) 919-7336; [email protected]
•Caltrans Procurement Webpage
http://www.dot.ca.gov/hq/MassTrans/Procurement-Mgmt.html
Wrap-UpWrap-UpHelen Louie
Branch Chief, Federal Procurement Management Branch
Division of Mass Transportation, CaltransV/F: 916-654-6990/916-654-9366
Email: [email protected]
Roy Glauthier
Transportation Planning and PolicyV/F: 949-650-5956
Email: [email protected]
CalACT Spring 2014 Conference Workshop 83