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 FEDERALLY- DEVELOPING A FEDERALLY- COMPLIANT RFP COMPLIANT RFP 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

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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 ?Why ?How ?

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

CalACT Spring 2014 Conference Workshop 28

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

CalACT Spring 2014 Conference Workshop 30

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