request for change or approved equal · request for change or approved equal rfp#2017-10 this form...

Revised 8/18/17

REQUEST FOR CHANGE OR APPROVED EQUAL RFP#2017-

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This form must be used for requested clarifications, changes, substitutes or approval of items equal to items specified, and must be submitted by August 29, 2017 – 5:00 P.M. EDT.

Request #: 1 Offeror: New Flyer of America Inc.

Solicitation Ref : 1.14 Page: II-10

Section : Changes in Federal Laws and Regulations, The Contractor shall at all times comply with all

applicable FTA regulations, policies, procedures and directives, including without limitation those listed

directly or by reference in the agreement between Procuring Agency and FTA that funds any part of this

Contract, as they may be amended or promulgated from time-to-time during the term of this Contract.

Contractor’s failure to so comply shall constitute a material breach of this Contract

Comments/Clarification or Approved Equal:

New Flyer requests approval to modify this section to read the following:

…be amended or promuglated from time…

Procuring Agency:

Approved.

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Solicitation Ref : 1.16 Page: II-10

Section : Notification of Material Changes in Business, Contractor agrees that if it experiences any

material changes in its business including, without limitation, a reorganization, refinancing, restructuring,

leveraged buyout, bankruptcy, loss of key personnel, etc., it agrees to immediately notify COTA's

Director of Supply Management of the changes. Contractor also agrees to immediately notify the

Director of Supply Management of any condition which may jeopardize the scheduled delivery or

fulfillment of Contractor’s contractual obligations to COTA.



…changes in the business which will directly affect the performance of this contract, including

without limitation…

Procuring Agency:

Approved.

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This form must be used for requested clarifications, changes, substitutes or approval of items equal to

items specified, and must be submitted by August 29, 2017 – 5:00 P.M. EDT.


Solicitation Ref : 1.24 Page: II-13 Section : Price Adjustment for Regulatory Changes,

If price adjustment is indicated, either upward or downward, it shall be negotiated between the

Procuring Agency and the Contractor for changes that are mandatory as a result of

legislation or regulations that are promulgated and become effective after the proposal due date. Such

price adjustment maybe audited, where required.



…regulations that are promulgated and become…

Procuring Agency:

Approved.

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Solicitation Ref : 1.28 Page: II-13 Section : Communication, Communications in

connection with this Contract shall be in writing and shall be delivered personally; or by facsimile; or by

regular, registered, or certified mail addressed to the officer(s) or employees(s) of the Procuring agency

and of the Contractor designated to receive such communications. Telephone calls maybe used to

expedite communications but shall not be official communication unless confirmed in writing.



…or by facsimile or email…

Procuring Agency:

Approved.

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Solicitation Ref : 1.3 Page: II-14 Section : Proprietary Rights/Rights in Data, Entire

Section



…

The Procuring Agency reserves the royalty-free, non-exclusive, irrevocable and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the following subject data for the sole purpose of operating and maintaining the buses...[delete section 1 and 2]

The Contractor agrees...

Procuring Agency:

COTA will not agree this change to the contract terms and conditions in this Addendum. Final contract terms and conditions will be negotiated with the successful Proposer, if necessary. Proposers are requested to submit exceptions to the contract terms and conditions provided in RFP Part II with their proposals.

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Solicitation Ref : 1.4 Page: II-19 Section : Documents, The Contractor shall also exert

its best efforts to keep maintenance manuals, operator's manuals and parts books up to date for a

period of twelve (15) years.


New Flyer supplies updates to New Flyer published bus technical manuals only. This does not include OEM component supplier manuals. It is the responsibility of each OEM component supplier to maintain the content in their documents.

Bus Parts Manuals are maintained for a period of 12 years, all other Bus technical manuals are maintained for a period of 6 years. Bus manuals can be updated with either revised PDF files on DVD or manual bulletins depending on the urgency of the issue. Manual Bulletins are delivered in PDF format via email.

Procuring Agency:

Vendor request APPROVED.

Daniel D. West (8/30/2017)

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Solicitation Ref : 1.4 Page: II-19 Section : Documents, The supplied maintenance and

operator's manuals shall incorporate all equipment ordered on the buses covered by this procurement.


The New Flyer published Bus Service Manuals contain info on all components supplied on the bus however, for detailed information on major components such as but not limited to the engine, transmission, HVAC systems New Flyer will purchase and supply the available OEM component supplier published technical manuals.

Procuring Agency:



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Solicitation Ref : 1.43 Page: II-20 Section : Audit and Inspecting of Records, Entire

Section



…(2) when conduct an audit and inspection and (3) for which COTA and its representatives and agents agree to enter into a confidentiality agreement with the Contractor prior to commencing an audit, review or analysis in order to protect and maintain the confidentiality of the Contractor’s information.

A. In the event...

...

Procuring Agency:



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Solicitation Ref : 1.5 Page: II-5 Section : Indemnification,


New Flyer requests approval to modify this section to read the following:The Contractor shall, to the extent permitted by law (1) protect, indemnify and save the Procuring Agency and its officers, employees and agents, including consultants, harmless from and against any and all proven third party liabilities, damages, claims, demands, liens, encumbrances, judgments, awards, losses, costs, and expenses, and suits or actions or proceedings, including reasonable expenses, costs, and attorney’s fees incurred by the Procuring Agency and its officers, employees and agents, including consultants, in the defense, settlement or satisfaction thereof, for any injury, death, loss or damage to persons or property of any kind whatsoever, arising out of, or resulting from, the negligent acts, errors or omissions of the Contractor, including negligent acts, errors or omissions of its officers, employees, servants, agents, subcontractors and suppliers.; and (2) upon receipt of notice and if given authority, shall settle at its own expense or undertake at its own expense the defense of any such suit, action or proceeding, including appeals, against the Procuring Agency and its officers, employees and agents, including consultants, relating to such injury, death, loss or damage. Each party shall promptly notify the other in writing of the notice or assertion of any claim, demand, lien, encumbrance, judgment, award, suit action or other proceeding hereunder. The Contractor shall have sole charge and direction of the defense of such suit, action or proceeding. The Procuring Agency shall not make any admission which might be materially prejudicial to the Contractor unless the Contractor has failed to take over the conduct of any negotiations or defense within a reasonable time after receipt of the notice and authority above provided.

The Procuring Agency shall at the request of the Contractor furnish to the Contractor all reasonable assistance that may be necessary for the purpose of defending such suit, action or proceeding, and shall be repaid all reasonable costs incurred in doing so. The Procuring Agency shall have the right to represented therein by advisory counsel of its own selection at its own expense.

The obligations of the Contractor under the above paragraph shall not extend to circumstances where the injury, or death, or damages is caused solely by...

Procuring Agency:


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This form must be used for requested clarifications, changes, substitutes or approval of items equal to

items specified, and must be submitted by August 29, 2017 – 5:00 P.M. EDT.


Solicitation Ref : 1.8 Page: II-7 Section : Status of Contractor, The Contractor shall be

and remain an independent Contractor with respect to all service performed hereunder and agrees to

and does hereby accept full and exclusive liability for the payment of any and all contributions or taxes

for Social Security, unemployment insurance, or old age retirement benefits, pensions, or annuities now

or hereafter imposed under any state or federal law which are measured by the wages, salaries, or

other remuneration paid under this contract, and further agrees to indemnify and save harmless COTA

from any such contributions or taxes or liability therefore.



…or taxes for the Contractor's employees for Social Security…or liability therefore, respecting the Contractor's employees.

Procuring Agency:

Approved.

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Solicitation Ref : 13.1 Page: III-19 Section : Service, An engine oil pressure gauge

and coolant temperature gauge shall be provided in the engine compartment.


New Flyer requests approval to provide one electronic C-COM gauge that displays both the engine oil pressure and coolant temperature. Please refer to the attached information for further details.

Procuring Agency:



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Solicitation Ref : 25 Page: III-27 Section : Jacking, Jacking points located on the front

and rear axle shall permit easy and safe jacking with the flat tire or dual set on a 6 in. high run-up block

not wider than a single tire.


New Flyer requests approval to provide jacking points provided on front and rear suspension beams near the wheels. Please refer to drawing 352240 for additional details.

Procuring Agency:



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Solicitation Ref : 27.2 Page: III-28 Section : Floor - Strength and Construction, All

floor decking shall be made of composite material, mounted on the structure securely to prevent chafing

or horizontal movement and designed to last the life of the bus. The flooring must be secured using

stainless steel rivets. Self-tapping screws will not be permitted.


New Flyer requests approval to provide Greenwood Forest, NTä ACQ Bus Panel ¾ in. – 7-PLY Veneer plywood Flooring that is undercoated with Corashield for superior protection against the elements. Pressure treated plywood shall be supplied in the wheelchair ramp cavity also.

The forward five (5) feet of the upper level floor has been designed with a lightweight durable molded "Fiberglass honey comb core with polyester resin" composite which incorporates a stylized step up to the upper level and wraps over the fuel tank on the 40 ft bus.

New Flyer would like to clarify that both plywood and composite flooring are secured using self-tapping screws and adhesive.

Procuring Agency:

Vendor request DENIED.


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Solicitation Ref : 28.3 Page: III-29 Section : Farebox, The base platform will be a

minimum of 14.42” wide; compliable with the Genfare Fastfare farebox.


The maximum width of a farebox pedestal we can provide is 13.96". Any larger width would interfere with the wheelchair ramp and adversely affect the ADA box test. Reference drawings 563139 (pedestal) and 427066 (box test). New Flyer requests approval.

Procuring Agency:

Vendor request is approved pending confirmation that the proposed base plat form has been utilized on previous successful Genfare Fast Fare farebox installatio s on New Flyer Xcelsior buses and is approved by Genfare.


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Solicitation Ref : 29.2 Page: III-30 Section : Wheel Housing - Design and

Construction, If fiberglass wheel housings are provided, then they shall be color-impregnated to match

interior finishes.


New Flyer requests approval to provide fiberglass wheelhouse covers that are not color-impregnated. We utilize standard fiberglass layup techniques and only the A surface is gelcoat painted.

Procuring Agency:



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Solicitation Ref : 29.2 Page: III-30 Section : Wheel Housing - Design and

Construction, Wheel housings not equipped with seats or equipment enclosure shall have a horizontal

assist mounted on the top portion of the housing no more than 4 in. higher than the wheel well housing.


New Flyer requests approval to provide a horizontal assist that is 6.7" above the top surface of the wheel housing.

Procuring Agency:



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Solicitation Ref : 33 Page: III-34 Section : Drive Axle, The bus shall be driven by a

Meritor heavy-duty single reduction axle with a load rating sufficient for the bus loaded to GVWR.

Axle to be provided with oiled-type wheel bearings.


New Flyer requests approval to provide front M.A.N. axles with “Unitized”, non-serviceable, maintenance free wheel bearings. Oil seals are not an available option on the front M.A.N. axles New Flyer is proposing. The wheel bearings are lubricated for life. There is no need to change the grease in the hubs unless a wheel hub is leaking and needs new seals. The hubs shall only be re-greased, when the hub is off the axle and need to be disassembled.

Procuring Agency:



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Solicitation Ref : 37.1 Page: III-37 Section : Pneumatic System - General, Retained

caps shall be installed to protect fitting against dirt and moisture when not in use.


New Flyer does not recommend the installation of retained caps on tow fittings as they can create improper pressures within the air system.

If the fittings must be protected, New Flyer can install these fittings within a weather resistant housing (box) beneath the front bumper.

Procuring Agency:



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Solicitation Ref : 37.3 Page: III-37 Section : Air Lines and Fittings, Nylon tubing shall

be installed in accordance with the following color-coding standards:

· Green: Indicates primary brakes and supply

· Red: Indicates secondary brakes

· Brown: Indicates parking brake

· Yellow: Indicates compressor governor signal

· Black: Indicates supply


New Flyer's proposal is based on providing an additional color for air lines;

Blue = Suspension.

Procuring Agency:



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Solicitation Ref : 37.5 Page: III-38 Section : Air System Dryer, COTA requires a dual

ADIP Bendix air dryer to be installed.


New Flyer requests approval to provide the Haldex Gemini MDx air dryer with consep oil/water separator. Please refer to the attached document for further details.

Procuring Agency:



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Solicitation Ref : 40.5 Page: III-45 Section : Electrical Compartments, This

compartment shall be for electrical equipment such as surveillance system DVR, ITS components, etc,

It needs to have 2 cooling fans and multiple non-conductive sliding shelves and be lockable


New Flyer requests approval to provide a single fan for the electrical compartment. This fan is supplied by MCC and moves 100 CFM of air. For further information on the fan see drawing 241785. The sliding shelves provided are conductive. See SIB-422-001-SDS for further information on the sliding shelve configuration.

Procuring Agency:



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Solicitation Ref : 42.1 Page: III-46 Section : General, Multiplex input/output (I/O)

modules shall use solid-state devices to provide extended service life and individual circuit protection.

Latest generation I/O Multiplexing system is required.


New Flyer requests a approval to provide a Vansco Multiplexing system with the following benefits:

- The Vansco modules are auto-programming making it very easy to replace or add multiplexing modules

- The Vansco Multiplexing system uses a single type of module minimizing required inventory - The outputs on our system can drive loads up to 10 amps and are electronically self protected. This reduces the number of fuses or breakers required.

- The Vanso Multiplexing module has an IP rating of 66 - The Vanso Multiplexing module has a operating temperature range of -40F to 185F.

Please see SIB 284+286-X-001 for further information on the benefits of the Vansco Multiplexing system

Procuring Agency:



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Solicitation Ref : 45.5 Page: III-50 Section : Normal Bus Operation Instrumentation

and Controls, A dash mounted I/O Controls MFD II multifunction display (or approved equal) shall be

provided.


New Flyer requests approval to provide a Vansco DPS70 dash display, the dash display incorporates all electronic gauges, warning lights and can display multiple camera views. In addition to these features an additional mode is available that allows selected users to run diagnostics and monitor the network without a laptop.

Procuring Agency:



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Solicitation Ref : 45.5 Page: III-50 Section : Normal Bus Operation Instrumentation

and Controls, Device: Drive selector Description: Touch panel switch Location: Side console Function:

Provides selection of propulsion: forward, reverse and neutral Visual/ Audible: Gear selection Device:

Fast idle Description: Logic programmed Location: N/A Function: Controlled through logic; depression

of the service brake, in neutral or park brake set. NOTE: Pre-wired for switch in engine compartment if

desired in future. Visual/ Audible: Device: WC ramp/kneel enable Description: Two-position switch1

Location: Side console or Dash right wing Function: Permits operation of ramp and kneel operations at

each door remote panel Visual/ Audible: Amber light Device: Front door ramp/kneel enable Description:

Two-position keyed switch1 Location: Front door remote or dash right wing Function: Permits ramp and

kneel activation from front door area, key required1 Visual/ Audible: Amber light


New Flyer requests approval to provide a shift selector which is positioned on the right side of the instrument panel in easy reach of the driver. This layout allows for the defroster controls to be located on the left side of the instrument panel giving the driver easy access to both of these controls. Please see attached approval drawing 470477 for further clarification on the location. New Flyer typically provides a switch on the side console to activate the fast idle. For kneeling controls, New Flyer provides a momentary/maintained three position switch. When positioned on raise the switch is in the maintained position, when positioned on lower the switch is in the momentary position. When kneeling the switch must be held in the lower position. For ramp controls, New Flyer provides a momentary three position switch. The switch must be held in the active state to deploy or stow the ramp. These switches are located on the right side of the instrument panel. Please see approval drawing 470477 for further information. New Flyer doesn't provide a switch or key to enable these features

Procuring Agency:



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Solicitation Ref : 60 Page: III-65 Section : Entrance/Exit Area Heating, Heat shall be

supplied to the entrance and exit areas to maintain a tread surface temperature no less than 35 °F in an

ambient of -10 °F to prevent accumulation of snow, ice or slush with the bus operating under design

operating profile and corresponding door opening cycle.


New Flyer requests approval to provide a floor level heater at the exit door to meet required temperatures. Please refer to the attached information for further details.

Procuring Agency:

Vendor request DENIED. NO FLOOR MOUNTED HEATER AT REAR EXIT DOOR.


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Solicitation Ref : 61.2 Page: III-65 Section : Floor-Level Heating - Entrance Door,

Sufficient floor-level heater shall be provided to evenly supply electric heated forced air at the entry way

to ensure that ice does not form at the front door threshold.


New Flyer requests approval to provide a single speed, defroster controlled entrance ramp heater.

Procuring Agency:



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Solicitation Ref : 71.1 Page: III-68 Section : Bumpers - Location, Bumpers shall

provide impact protection for the front and rear of the bus with the top of the bumper being 27 in., ±2 in.,

above the ground.


New Flyer requests approval to provide a front bumper height of 24 inches (610 mm) at the center line of the bus and a height at the outer edges of 27 inches (686 mm)from the street level at ride height.

Procuring Agency:



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Solicitation Ref : 72 Page: III-69 Section : Finish and Color, Entire Section


New Flyer’s proposal is based on providing the bus surface painted to a published average peel of 3.5, although our paint averages between 5 and 6. The large truck standard is 6 and car manufacturers such as Toyota reach 7, however for a bus with the large surface area, meeting the rating of 7 cannot be accomplishable even with robotic painting.

Painting shall be in accordance with New Flyer’s paint standard.

Please refer to the attached documentation.

Procuring Agency:



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Solicitation Ref : 72.1 Page: III-70 Section : Finish and Color - Appearance, PPG

Essential paint shall be used to match existing fleet.


New Flyer requests approval to provide DuPont Imron® Elite™ Single Stage low VOC paint.

Procuring Agency:



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Solicitation Ref : 74.7 Page: III-72 Section : Service Area Lighting (Interior and

Exterior), Power shall latch on with activation of the switch and shall be automatically discontinued

(timed out) after 30 minutes to prevent damage caused by inadvertently leaving the service area lighting

switch in the "on" position after repairs are made.


New Flyer requests approval to provide power through a Vansco multiplex output that controls the supply of power to all service lights, the lights aren't supplied power from individual multiplexing outputs that latch on. The lights are provided with maintained switches. When the multiplex system goes to sleep power to all of the lights is turned off, this prevents the lights from depleting the group 31 batteries.

Procuring Agency:



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Solicitation Ref : 76.14 Page: III-75 Section : Step Lighting, The step lighting shall be

low profile to minimize tripping and snagging hazards for passengers and shall be shielded as

necessary to protect passengers’ eyes from glare.


New Request approval to provide round, non shielded, step lights integrated into the step.

Procuring Agency:



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Solicitation Ref : 78.1 Page: III-76 Section : Floor Panels, Flooring material at or

around access openings shall be flush with the floor and shall be edge-bound with stainless steel or

another material that is acceptable to the Agency to prevent the edges from coming loose


New Flyer requests approval to provide a driveshaft access panel that is manufactured completely out of polyurethane and is not edge bound with trim. The panel has a recessed area which is covered in flooring material to match the bus interior. The flooring material in this area is secured using approved adhesive and is edge sealed using approved sealant.

Procuring Agency:



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Solicitation Ref : 79.1 Page: III-76 Section : Passenger Seating - Arrangements and

Seat Style, Seating capacity with this arrangement shall be no less than 32 seated passengers for 35

foot coaches and 38 seated passengers for 40 foot coaches, not including the driver, with the specified

seating arrangement approved by COTA.


New Flyer requests approval to provide 37 seated passengers based on seating and medium exit door configuration requirements.

Procuring Agency:

Vendor request APPROVED, FINAL LAYOUT APPROVED AT PREPRODUCTION MEETING.


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Solicitation Ref : 86.1 Page: III-87 Section : Camera Surveillance System, Rear facing

camera installed on the HVAC access door, needs to be lowered to a position of 6in above the bottom

of the access door.


New Flyer requests approval to provide a rearview camera that is mounted on the curb side for CNG buses. This is due to the louvers on the HVAC door not providing a flat surface to mount the camera.

Procuring Agency:

Vendor request is approved provided the equivalent rearview coverage is maintained; final location to be confirmed at the pre-production meeting. Daniel D. West (8/30/2017)

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Solicitation Ref : 86.3 Page: III-87 Section : Intelligent Transportation Systems (ITS)

and Equipment, 1 x Sierra Wireless OMG 2000 series device


New Flyer would like to clarify that the requested router is obsolete and is replaced by the MG90 InMotion router.

Procuring Agency:

Approved (the MG90 device was specified in RFP Addendum #2).


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and Equipment, Installation of a Pedestrian / Collison Avoidance System; MobileEYE Shield + or

approved equal


New Flyer doesn't install pedestrian/collision avoidance systems. We can provided the pedestrian/collision avoidance system as a contract spare that can be installed by the customer after delivery of the bus. Please approve.

Procuring Agency:

COTA REQUIRES THAT THE COACHES BE, AT A MINIMUM, PREWIRED.


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and Equipment, An optional video monitor (size and model, TBP) and a digital display device (model:

XT1143) needs to be quoted separately, will be installed on the left side of the radio cabinet.


New Flyer proposes the Luminator Infotainment system to meet this requirement. Please refer to the attached information for further details.

Procuring Agency:



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Solicitation Ref : 1.46.1 Page: II-22 Section : Contractor’s Delay, Entire Section



If the Contractor is delayed at any time…failure of the Procuring Agency or by a cause described below or delay or failure of the Contractor caused by an event beyond its control, including, but not limited to, natural disasters, floods, fires, acts of war or terrorism, labor shortages, strikes or lock-outs or shortages or loss of transportation, then the time for completion....

Procuring Agency:

Approved.

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Solicitation Ref : 10.1 Page: III-17 Section : Engine Cooling, A means of determining

satisfactory engine coolant level shall be provided. A spring-loaded, pushbutton type valve or lever shall

be provided to safely release pressure or vacuum in the cooling system with both it and the water filler

no more than ±60 in. above the ground. Both shall be accessible through the same access door.


New Flyer requests approval to provide coolant that is now filled via the coolant recovery tank which is accessible via the rear engine door and not the surge tank door where the pressure release valve is located. (they are not both accessible through the same door)

Procuring Agency:



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Solicitation Ref : 10.1 Page: III-17 Section : Engine Cooling, A radiator tank guard

shall be provided below radiator assembly to protect lower tank from road strikes or debris kicked up

from rear wheels.


New Flyer requests the removal of this section as this particular feature applies specifically to one transit bus OEM. We do not provide a radiator tank guard.

Procuring Agency:

Vendor request is approved pending confirmation that location does not necessitate a guard. Daniel D. West (8/30/2017)

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Solicitation Ref : 10.1.2 Page: III-17 Section : Engine Cooling - Drive Design, The

radiator and charge air cooler shall be an EMP 12 VDC electric fan (or approved equal).


New Flyer requests approval to provide a Modine radiator with eight 12” electric fans. Please refer to the attached document SIB-231-005-X-Modine-Cooling System-8 Fan for further details.

Procuring Agency:

VENDER REQUEST DENIED (however, COTA would accept a Mesabi radiator configuration that is equivalent in all critical respects to the EMC configuration specified.)


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Solicitation Ref : 13.1 Page: III_20 Section : Service, FILTROL, Extender

Series, model EX-400 (or approved equal) shall be provided.


New Flyer requests approval to provide Chevron RPM engine oil. Please refer to the attached drawing 043495 for further information.

Procuring Agency:

Vendor request DENIED. Daniel D. West (8/30/2017)

COTA’S REQUEST IS FOR AN OIL LIFE EXTENDER FILTRATION SYSTEM.

Engine Oil Extender Series

The patented no-spill designed oil extender filters are suited for oil applications easily doubling the life of your oil drains while improving fuel economy and prolonging engine life. Various size units can be applied from large commercial truck fleets and buses to passenger vehicles and light trucks.

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Solicitation Ref : 13.1 / 14.1 Page: III-20 Section : Service & Hydraulic Systems, 13.1:

Quick disconnect installed on drain pan to allow vacuum draw fluid from pan.

14.1: NOTE: Quick disconnect on reservoir to vacuum draw fluid from reservoir.


New Flyer requests clarification as to what type of fitting is required. New Flyer would also like to clarify that depending on the type of fitting used, we may need to ship it loose so that it does not get damaged during transit.

Procuring Agency:

COTA REQUESTS Femco – Compact or similar.


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Solicitation Ref : 17.1.1 Page: III-22 Section : Fuel Lines (CNG), Fuel hose

connections, where permitted, shall be less than 12 ft. in length, made from materials resistant to

corrosion and action of natural gas, and protected from fretting and high heat and shall be supported

approximately every 12 in.


New Flyer requests approval to provide a maximum unsupported fuel line length that is 16.5". Please refer to the attached information for further details.

Procuring Agency:

VENDOR REQUEST APPROVED.


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Solicitation Ref : 17.2.1 Page: III-22 Section : Fuel Tanks - Design and Construction,

Type III B CNG fuel containers/cylinders must be designed, constructed, manufactured and tested in

accordance with at least one of the following:


New Flyer requests approval to provide Type IV tanks which comply with all listed standars. Please refer to the attached document SIB-241-001-X-CNG_Rackzilla for further details.

Procuring Agency:

VENDOR REQUEST DENIED. TYPE IV IS AN ALL COMPOSITE TANK. WE REQUIRE A TYPE III.


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Solicitation Ref : 17.2.1 Page: III-23 Section : Fuel Tanks - Installation, The latching

method shall utilize quick-release captive hardware that can be demonstrated to last the life of the bus.

Additional shielding shall be provided surrounding end fittings and valves as needed. Shields shall be

attached to the bus structure hinged in a manner that permits one mechanic to unlatch and swing the

shield open for routine inspections.


New Flyer requests approval to provide slam latches activated by a T-handle on each door, with hood pins as back-up securement.

Additional shielding is provided by end guards at the front and rear of the tank enclosures. The end guards are not hinged, but all components can be inspected by having the clamshell doors open.

Procuring Agency:



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Solicitation Ref : 17.2.1 Page: III-23 Section : Fuel Tanks - Installation, A safety

walkway shall be provided along the centerline of the roof which shall not be covered by the fuel tank

enclosures. This will allow maintenance personnel to safely walk the length of the bus on this walk-way

with the fuel tank enclosures opened or closed.


Due to the design of the proposed bus, there is not enough room to provide a center walkway between the tanks. Please refer to the attached document Safety Walk showing the tanks in relation to the bus structure. Safety Walk is provided on the proposed bus on the areas where a maintenance person would need to walk.

Procuring Agency:



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Solicitation Ref : 17.2.1 Page: III-24 Section : Fuel Tanks - Defueling System, The

CNG defueling port shall be an NGV-3.1/CGA-12.3 certified receptacle. The CNG defueling port shall

be located on the curbside of the coach, in a location that is compatible with the Agency’s defueling

station operation.


New Flyer would like to clarify that NGV-3.1/CGA-12.3 is not the appropriate standard for fueling or defueling receptacles and therefore our standard Swagelok defuel (purge) port is not NGV-3.1/CGA-12.3 certified. There is currently no NGV standard that is applicable to defueling receptacles. New Flyer requests information on COTA’s defueling station nozzle details so we can verify the defuel port compatibility

Procuring Agency:

COTA PROVIDES THE FOLLOWING:

AGILITY PART # 10300117 DEFUEL RECEPTACLE


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Solicitation Ref : 19.1 Page: III-25 Section : Structure - Design, The vehicle structural

frame shall be designed and constructed from stainless steel to operate with minimal maintenance

throughout the 12-year design operating profile.


New Flyer requests approval to provide carbon steel/partial ferritic SST structure. The basic frame structure is a semi-monocoque design, using high-strength low-alloy (HSLA) steel sheet and plate (ASTM A242, A588, A606, A568, CSA G40.21 44W, 50A, 50W) and structural tube and channel (ASTM A500, CSA G40.21 50A, 50W) for structural strength and durability. Stainless steel(AK41003) is employed as an extra line of defense against corrosion to maximize the service life of the structure. Please refer to the attached document SIB-400-001-X- 40' Partial Stainless Steel Structure for further details.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 22.2 Page: III-26 Section : Crashworthiness, For additional

protection from a high speed side impact, the chassis must be provided with a side impact safety barrier

in the low floor portion of the chassis. This barrier must be constructed of stainless steel and be an

integral part of the chassis weldment.


New Flyer requests approval to remove this requirement from the specification as it is not required with our structure. We meet all impact tests per Apta White Book without any additional protection.

Procuring Agency:



Revised 8/18/17


10


Request #: 51 Offeror: New Flyer of America Inc. Solicitation

Ref : 30.4 Page: III-32 Section : Kneeling, The bus shall kneel at a maximum rate of 1.25

in. per second at essentially a constant rate.


New Flyer requests approval to provide a bus that kneels at 2" per second. This feature is inherent to our bus design.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 32 Page: III-33 Section : Steering, The front axle shall be a Meritor

solid beam, non-driving with a load rating sufficient for the bus loaded to GVWR and shall be equipped

with sealed, oiled-type front wheel bearings.


New Flyer requests approval to provide front M.A.N. axles with “Unitized”, non-serviceable, maintenance free wheel bearings. The requested Meritor axles are specific to only one bus OEM.

Oil seals are not an available option on the front M.A.N. axles New Flyer is proposing. The wheel bearings are lubricated for life. There is no need to change the grease in the hubs unless a wheel hub is leaking and needs new seals. The hubs shall only be re-greased, when the hub is off the axle and need to be disassembled.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 32.1.2 Page: III-33 Section : Steering Wheel, General, A TRW Easy

Steer (tilt and height adjustment) electrically assisted steering column (or approved equal) shall be

provided to reduce steering effort. A 16” Soft Touch steering wheel to be provided;


New Flyer requests approval to provide a Douglas Autotech steering column with an 18" diameter hard padded steering wheel.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 40.1.2 Page: III-41 Section : Battery Cables, Except as interrupted

by the master battery switch, battery and starter wiring shall be continuous cables with connections

secured by bolted terminals and shall conform to specification requirements of SAE Standard J1127-

Type SGR, SGT, SGX or GXL and SAE Recommended Practice J541, with 2100 strand 4/0 cable or

greater recommended.


There's a jumper power cable in the fusebox which links the disconnect switch to the main 24V busbar. A power cable feeds the starter from main 24V busbar. New Flyer provides this configuration to minimize the amount of electrical connections that would be stacked on the 24V load side of the disconnect switch. New Flyer requests approval.

Procuring Agency:



Revised 8/18/17


10



Ref : 40.1.2 Page: III-41 Section : Battery Cables, Color code each voltage. 12 V-

YELLOW & 24V - RED.


New Flyer supplies battery cables with black insulation on the cables. Red heat shrink is applied to the 24V cable end and blue heat shrink applied to the 12V cable end. Please approve.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 40.1.3 Page: III-42 Section : Jump Start, A Whitaker Connector

J1283 (24 volt) jump-start connector shall be located inside of the rear engine door. This can be

provided with a gray housing. An additional connector shall be located next to the battery disconnect

switch


New Flyer requests approval to provide a single jumpstart that's located on the fuse box which can be accessed through the curbside engine compartment door. Please see drawing 566122 for further information on the location. The fuse box was selected as this is an ideal location to provide a jumpstart. This location is in close proximity to the batteries which results in short cable lengths and minimal voltage drop.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 40.1.4 Page: III-42 Section : Battery Compartment, A proven battery

hold-down bracket shall be provided (rubber coated steel with stainless steel hardware).


New Flyer requests approval to provide polyethylene battery hold-downs used in conjunction with stainless steel hardware to secure the batteries. Please refer to the attached document SIB 260-001-X- Battery System for additional details.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 40.1.4 Page: III-42 Section : Battery Compartment, The batteries

shall be securely mounted on a stainless steel or equivalent tray that can accommodate the size and

weight of the batteries.


New Flyer requests approval to provide a polyethylene battery tray supported by a stainless steel sub- frame, the enclosure is also polyethylene. This design is corrosion resistant, light weight and has proven to be extremely robust. Please note that the batteries are supported by structural stainless steel U- channels. Sized to provide the correct support for 2 8d batteries or 4 GP 31 batteries.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 40.5 Page: III-45 Section : Electrical Compartments, This cabinet

shall be 44inchH x 22.5inch W x 20inch D (or approved equal) with a minimum of four (4) retractable

trays


New Flyer requests approval to provide an enclosure that is 25.9 inches wide x 25.4 inches deep x 45 inches high. Please refer to page 2 of the attached document SIB-422-001-SDS for the internal dimensions.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 40.5 Page: III-45 Section : Electrical Compartments, Please provide

a separate pricing for an optional Uninterrupted Power Supply (UPS) for the ITS Communications

cabinet.


New Flyer doesn't have an option available for an Uninterrupted Power Supply that would provide power for all systems when the alternator is turned off. We can provide an Uninterrupted power that would be supplied by Safety Vision that would be used for the camera system. New Flyer requests approval.

Procuring Agency:

Vendor request APPROVED, AS LONG AS COTA IS NOT CHARGED FOR THE SAME FEATURE FROM SAFETY VISION.


Revised 8/18/17


10



Solicitation Ref : 41.1.4 Page: III-46 Section : Radio Frequency (RF), COTA is

requiring two multi-function antennas, which includes Wi-Fi, GPS and cellular. Network and GPS

connectivity is supplied by the Sierra wireless OMG 2000, OEMs are requested to utilize existing

technology or provide specification for any additional antennas and why they would be required. All

devices are expected to use current IP based technologies for communications


New Flyer requests approval to provide the MG90 InMotion router as the requested router is obsolete.

Procuring Agency:

Vendor request approved (MG90 unit was specified in RFP Addendum #2).


Revised 8/18/17


10



Ref : 45.8 Page: III-55 Section : Driver Foot Switches, The inclined mounting surface shall

be skid-resistant.


New Flyer requests approval to provide an inclined stainless steel mounting surface , however, it will not be skid resistant.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 46.3 Page: III-56 Section : Storage Box - Driver's Storage Box, An

enclosed driver storage area shall be provided with a positive latching door and/or lock. The minimum

size is 2500 in 3


New Flyer requests approval to provide a Driver`s storage box size of 19 x 6.9 x 12.1 inches (=1590 cubic inches)

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 49.6.1 Page: III-58 Section : Exterior Mirrors, Mirrors shall be firmly

attached to the bus to minimize vibration and to prevent loss of adjustment with a breakaway mounting

system


New Flyer request approval to provide mirrors firmly attached to the bus to minimize vibration. Mirror arms spring back or are manually returned to their previously set position after deflection.

Procuring Agency:



Revised 8/18/17


10



Solicitation Ref : 49.6.1 Page: III-58 Section : Exterior Mirrors, Mirrors shall retract or

fold sufficiently to allow bus washing operations but avoid contact with windshield; breakaway mounting.


New Flyer request approval to provide mirror firmly attached to the bus to minimize vibration. Mirror arm spring back or is manually returned to its previously set position after deflection.

Procuring Agency:

Duplicate… Vendor request APPROVED.


Revised 8/18/17


10



Solicitation Ref : 5.4 Page: III-6 Section : Maintenance and Inspection, Additionally,

COTA requires three (3) 9-pin connectors for computer diagnostics: one in the rear engine

compartment; another one on the lower left side of the driver’s dash and the third in the overhead

electrical compartment (a high idle override switch shall be located in the overhead driver’s area to

assist in diagnostics).


New Flyer requests approval to provide the third diagnostic connector located behind the driver on the upper forward face of the SDS (radio) box and the fast idle switch is located on the side console.

Procuring Agency:

Vendor request APPROVED, PENDING; COTA WOULD ULTIMATELY LIKE TO REMOVE THE FAST IDLE SWITCH. TO ACCOMPLISH THIS, SPECIFIC PROGRAMMING WILL HAVE TO BE INCLUDED WITH THE VANSCO SYSTEM; FAST IDLE WILL INITIATE WHEN PARKING BRAKE IS ENGAGED AND BUS IS IN NUETRAL.


Revised 8/18/17


10



Solicitation Ref : 5.8.1 Page: III-9 Section : Interior Noise, The driver area shall not

experience a noise level of more than 76 dBA.


New Flyer requests approval to provide a driver's are with a noise level of 78 dBA.

Procuring Agency:

Vendor request APPROVED. Daniel D. West (8/30/2017)

Revised 8/18/17


10



Solicitation Ref : 54 Page: III-62 Section : Capacity and Performance, The HVAC unit

shall be rear-mounted; Thermo-King TK Model TEA-ALT HVAC Unit with a heat strip option or

approved equal


New Flyer would like to clarify that the HVAC unit shall be Thermo King TEA15 A/C unit in rear for CNG, for TK alternator-powered electric HVAC system.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 54 Page: III-62 Section : Capacity and Performance - R134a, The air

conditioning system shall meet these performance requirements using R134a.


New Flyer requests approval to provide R407c refrigerant to meet stated performance requirements.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 56.2 Page: III-63 Section : Driver's Area, Adjustable nozzles shall

permit variable distribution or shutdown of the airflow


New Flyer requests approval to provide an air vent above and to the left of the driver on the "sawtooth" panel.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 56.3 Page: III-64 Section : Driver's Compartment Requirements, A

separate heating, ventilation and defroster system for the driver’s area shall be provided with brushless

motors and shall be controlled by the driver.


New Flyer does not provide a separate ventilation system for the driver. Adjustable vents/louvers are provided to the left of the driver.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 56.3 Page: III-64 Section : Driver's Compartment Requirements, The

heater and defroster system shall provide heating for the driver and heated air to completely defrost and

defog the windshield, driver’s side window, and the front door glasses in all operating condition


The Xcelsior defroster system is designed to defrost and defog the front windshield only. To defrost and defog the driver`s side window and front door panels there are ducts and louvers from the main roof mounted HVAC unit that allow air from the unit to flow over the respective surfaces to help clear the areas.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 56.4 Page: III-64 Section : Driver's Cooling, A driver’s booster blower

unit shall provide 100 cfm of air to the driver’s area through directionally adjustable nozzles and an

infinitely variable fan control, both of which shall be located above and ahead of the driver.


New Flyer requests approval to provide a fan mounted on the dash or under the destination sign closeout above the driver, but they do not have "adjustable nozzles" or "infinitely variable fan speed".

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 64.1 Page: III-67 Section : Side Body Panels (Transit Coach), Full-

height side body panels between the window and floor must be able to be replaced by removing

mounting bolts only. No bonding or welding panels in place will be accepted.


New Flyer requests approval to provide exterior body panels incorporating a Sikaflex adhesive that remains elastic to allow for the movement of the panels due to thermal expansion and contraction. If the panels were to be mechanically fastened, that elasticity would be removed and cracking of the paint and/or panels may occur.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 69.1 Page: III-68 Section : Access Doors (Transit Coach), All access

doors shall be retained in the open position by props or counterbalancing with over-center or gas-filled

springs with safety props and shall be easily operable by one person


New Flyer requests approval to provide top hinged access doors that are held open by two gas struts. Side console, radiator and fusebox access doors have two non-locking gas struts. The engine door has two struts, one of which is locking.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 69.1 Page: III-68 Section : Access Doors (Transit Coach), Springs

and hinges shall be stainless steel.


New Flyer requests approval to provide corrosion resistant springs and hinges.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 69.1 Page: III-68 Section : Access Doors (Transit Coach), All access

doors shall include any electrical schematics pertinent to the area being accessed.


New Flyer would to clarify that compartments containing electrical components include electrical schematics on the respective access door.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 7.2 / 7.3.1 Page: III-15 Section : Gradeability & Acceleration, Both

sections


INTENTIONALLY LEFT BLANK

Procuring Agency:

Revised 8/18/17


10



Solicitation Ref : 74.4 Page: III-71 Section : Turn Signals - Curbside Corner Lamp, A

Dialight PN 47121CB804 grommet mounted lamp (or approved equal) shall be low mounted forward of

the curbside rear wheels facing rearward.


New Flyer requests approval to provide Dialight cornering lamp PN 46121CB833. Please refer to drawing 338346 for further information.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 74.6.1 Page: III-72 Section : Brake Lights - Center Mount Red Brake

Lamps (Transit Coach), Bus shall include 4 red LED, center mounted strip lamps directly above the rear

engine door


New Flyer requests approval to provide a maximum of three (3) 18"x1" LED stop lights above the engine door. Please refer to the attached drawing 497201 for further details.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 81.12 Page: III-84 Section : Passenger Doors - Door Open/Close,

An exterior front door control switch shall be installed behind the washer fluid door, accessible from the

exterior of the bus


New Flyer requests approval to provide the entrance door exterior switch, within its own enclosure, located on front mask, curbside below windshield. Please refer to drawing 456187 for additional information.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 82.2 Page: III-84 Section : Accessibility Provisions - Loading System

for 30 to 40 ft. Low-Floor Bus, An automatically controlled, power-operated non-proprietary ramp

system compliant to requirements defined in 49 CFR Part 38, Subpart B, §38.23c shall provide ingress

and egress quickly, safely and comfortably, both in forward and rearward directions, for a passenger in

a wheelchair from a level street or curb.

The wheelchair loading system shall be located at the front door, with stainless steel construction,

electrically driven, dual mode, flip-out type design being capable of deploying to the ground at a

maximum 6:1 slope. Ramp must be able to be deployed/stowed manually, requiring 20lbs or less to do

so.


New Flyer requests approval to provide New Flyer’s patented self contained, modular Flip Type ramp that is stored in a stainless steel box mounted into the floor of the bus. The non-skid, 3/16 inch thick aluminum ramp platform has a clear width of 32.25 inches, a length of 47.6 inches and is rated at 660 lbs. with a deployment angle ratio of 1:7. The ramp exceeds ADA requirements.

Please refer to the attached document SIB-580-001-X-WheelchairRamp for further details.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 85.1 Page: III-87 Section : Passenger Stop Request/Exit Signal, An

auxiliary passenger “stop requested” signal shall be installed at the rear door to provide passengers

standing in the rear door/exit area a convenient means of activating the signal system. The signal shall

be a heavy-duty push button type located in the rear door vicinity. Button shall be clearly identified as

“passenger signal.”


New Flyer would like to clarify that the button shall be clearly identified as "STOP".

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 86.4.1 Page: III-89 Section : Drivers Speaker, Each bus shall have a

recessed speaker in the ceiling panel above the driver.


To meet this requirement, New Flyer is proposing the Trapeze ITS system. Please refer to the attached document SIB-470-060-AVA AVL System – Trapeze for further details.

Procuring Agency:

Vendor request APPROVED PENDING, COTA must approve latest version of Trapeze CAD/AVL System.


Revised 8/18/17


10



Solicitation Ref : 9.1 Page: III-16 Section : Engine, The engine shall be programmed

for fast idle when in neutral or when park brake is set. There shall be an override switch for fast idle

control in the overhead electrical panel.


New Flyer requests approval to provide the fast idle located on the side console.

Procuring Agency:

Vendor request APPROVED, PENDING; COTA WOULD ULTIMATELY LIKE TO REMOVE THE FAST IDLE SWITCH. TO ACCOMPLISH THIS, SPECIFIC PROGRAMMING WILL HAVE TO BE INCLUDED WITH THE VANSCO SYSTEM; FAST IDLE WILL INITIATE WHEN PARKING BRAKE IS ENGAGED AND BUS IS IN NUETRAL.


Revised 8/18/17


10



Solicitation Ref : 9.1 Page: III-17 Section : Engine, Two skid plates located under the

rear bumper must be provided, with 2” thick wear plates. These are intended to protect the engine oil

pan from being damaged if the rear of the bus/bumper were to come in contact with pavement, such as

when driving through a deep gully while entering a parking lot,

driving off of a curb or having both rear tires on one side of coach blow out at the same time.


New Flyer requests the removal of this section as this particular feature applies specifically to one transit bus OEM. We do not provide 2" thick wear plates under the rear bumper. New Flyer's proposed bus is designed to prevent such damage from occurring without the use of skid plates.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : Table 1 Page: III-91 Section : Contract Deliverables, Recommended

spare parts list, including bill of materials Due Date: 60 days prior to shipment of first bus.


New Flyer requests approval to provide an accurate recommended stocking list (RSL) once the Bus Parts manual has been published. This ensures the items in the recommended stocking list accurately match the parts being used for the Central Ohio Transit Authority (COTA) specific bus configuration. New Flyer is proposing this RSL to be delivered to COTA 10 days after the Bus Parts manual has been published.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : TS 89.1 Page: n/a Section : Contract Deliverables, Table 1, Items

13, 14, 18 and 19 Specify the requirement to supply separate Preventive Maintenance and Diagnostic

Procedures Manuals


New Flyer does not publish separate manuals on these topics. The bus service manual contains preventive maintenance information within a section of the bus manual. Diagnostic and troubleshooting information is only included both in the specific area of the bus service manual or in the OEM component supplier published troubleshooting manuals.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 1.1.10 Page: III-94 Section : Extension of Warranty, If, during

the warranty period, repairs or modifications on any bus are made necessary by defective design,

materials or workmanship but are not completed due to lack of material or inability to provide the proper

repair for thirty (30) calendar days, then the applicable warranty period shall be extended by the number

of days equal to the delay period.


New Flyer requests approval that we will endeavor to meet the 30 day deadline, however, due to warranty repair/retrofit complexity (part lead times), we cannot extend the warranty for the number of days the bus was not in revenue service (suppliers such as Cummins, Allison and Thermo King will not extend warranties to New Flyer).

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 1.1.2 Page: III-92 Section : Complete Bus, The complete bus,

propulsion system, components, major subsystems and body and chassis structure are warranted to be

free from Defects and Related Defects for one year or 50,000 miles, whichever comes first, beginning

on the date of revenue service but not longer than 15 days after acceptance under “Inspection, Testing

and Acceptance”.


New Flyer requests approval to provide that the complete bus, propulsion system, components, major subsystems and body and chassis structure are warranted to be free from Defects and Related Defects for one year or 50,000 miles, whichever comes first, beginning on the date of revenue service but not longer than 15 days after the bus has been delivered.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 1.1.5 Page: III-92 Section : Emission Control System (ECS),

The Contractor warrants the emission control system for five years or 300,000 miles, whichever comes

first. The ECS shall include, but is not limited to, the following components:

• complete exhaust system, including catalytic converter (if required)

• components identified as emission control devices


New Flyer requests approval to provide a Cummins emission control system manufacturer warranty of 5-years/100,000 miles (whichever occurs first). This the max warranty available from the supplier. Please refer to the attached Cummins Warranty parchment for the applicable terms, conditions and exclusions.

For components not supplied by Cummins (e.g., exhaust system piping), New Flyer provides a warranty of 1-year/50,000 miles (whichever occurs first).

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 1.4 Page: III-95 Section : Fleet Defects, A Fleet Defect is

defined as cumulative failures of twenty-five (25) percent of the same components in the same or

similar application in a minimum fleet size of twelve (12) or more buses where such items are covered

by warranty. A Fleet Defect shall apply only to the base warranty period in sections entitled Complete

Bus,Propulsion System and Major Subsystems.


New Flyer requests approval to provide fleet defect coverage for the 1 year/50,000 miles (whichever occurs first) base bus warranty period.

Fleet defect warranty does not apply to normal wear-and-tear items, contract specified components, or major components (engine, transmission, HVAC). Major component manufacturers will not recognize and/or participate in fleet defect clauses, However, if the fleet defect specified percentage is reached on a major component, New Flyer will fully support and shall assist The Agency with obtaining a remedy from the major component manufacturer. If a remedy to a Fleet Defect proposed by the manufacturer is not acceptable to The Agency acting reasonably, New Flyer shall use commercially reasonable efforts to work with the major component manufacturer to develop an alternative remedy that is acceptable to The Agency, acting reasonably.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 2. Page: III-95 Section : Repair Performance, The Contractor is

responsible for all warranty-covered repair Work. To the extent practicable, the Agency will allow the

Contractor or its designated representative to perform such Work. At its discretion, the Agency may

perform such Work if it determines it needs to do so based on transit service or other requirements.


New Flyer will work with The Agency on warranty covered repairs, but the majority of the warranty repairs should be performed by The Agencies trained personnel with reimbursement by New Flyer.

In saying this, please be advised that the following major component equipment suppliers (engine, transmission, HVAC and destination sign suppliers) mandate that all warranty repairs be performed by an authorized dealer of their components (and not New Flyer or The Agency). If The Agency elects to perform these repairs, without the written permission of the original equipment manufacturer, the remaining warranty coverage may be voided.

Please note that New Flyer will be available to work with The City on major equipment repairs to ensure service quality expectations are met and work is conducted in an acceptable timeframe.

Procuring Agency:


Revised 8/18/17


10



Ref : WR 2.1 Page: III-96 Section : Repairs by the Contractor, The Contractor shall provide

at its own expense all spare parts, tools and space required to complete repairs.


New Flyer will provide the parts and tools required to complete warranty repairs, but when possible, we request The Agency provide us shop space so we can complete the repairs. This allows us to work with The Agency in order to return the bus to revenue service as quickly as possible.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 2.3.5 Page: III-96 Section : Reimbursement for Parts, The

Agency shall be reimbursed by the Contractor for defective parts and for parts that must be replaced to

correct the Defect. The reimbursement shall be at the current price at the time of repair and shall

include taxes where applicable, plus fifteen (15) percent handling costs. Handling costs shall not be

paid if parts are supplied by the Contractor and shipped to the Agency.


New Flyer agrees to reimburse The Agency for parts at the current published price plus taxes and handling for the base bus warranty period and that the handling costs are capped at $100/claim.

New Flyer asks for this cap so that we can predict the cost impact during the bid process.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 2.4.1 Page: III-97 Section : Warranty Processing Procedures

, The following list represents requirements by the Contractor to the Agency for processing warranty

claims. One failure per bus per claim is allowed.

road calls

troubleshooting time


New Flyer requests approval that reimbursement shall not include Road Calls & Troubleshooting Time.

Road Calls and Troubleshooting are not an industry standard/non-recoverable expense and impossible

to predict the cost impact during the bid stage.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 2.7 Page: III-98 Section : Timeframe, Each claim must be

submitted no more than thirty (30) days from the date of failure and/or repair, whichever is later.


New Flyer's online warranty system, iWarranty, simplifies the process and facilitates faster response times. New Flyer requires that claims must be submitted within thirty (30) calendar days from the date of failure. Claims submitted later than thirty (30) calendar days may be subject to rejection.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : WR 2.7 Page: III-98 Section : Timeframe, All defective parts must be

returned to the Contractor, when requested, no more than forty-five (45) days from the date of repair.


New Flyer requires all failed components to be returned within 45 days from the date of failure in order for the warranty claim to be considered valid.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : Page: Section : , Entire Document


Change all reference to COTA or the Procuring Agency to "COTA or the Procuring Agency, as applicable"

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : Page: Section : , Entire Document


Change all references to "coaches" to "buses".

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : Page: Section : , NEW SECTION


New Flyer requests approval to add this section to the contract language:

In the event that either party elects to waive its remedies for any breach by the other party of any covenant, term or condition of the contract, such waiver shall not limit the waiving party's remedies for any succeeding breach of that or any other term, covenant or condition of the contract.

Procuring Agency:


Revised 8/18/17


10



Solicitation Ref : 24 Page: III-26 Section : Towing, The kneel solenoid will be located

at the curb side wheel hub area. A toggle switch (located in the rear run box), when toggled, will put the

bus in full kneel.


Request approval to delete this requirement.

One of New Flyer’s main requirements for kneeling control and operation, is that the operator of the kneeling switch have full visual reference to the front of the vehicle, to monitor and control kneeling function. New Flyer has never authorized any form of automatic kneeling, as the kneeling function must to be monitored and controlled by the driver in case the bus should encounter an obstruction while kneeling.

With a switch located at the rear run box, the person operating a switch at that location will have no visual reference of the front of the bus.

Procuring Agency:

COTA PROVDIES THE FOLLOWING CLARIFICATION; FULL KNEELING IS REQUIRED FOR TRAILER TOWING. AN ALTERNATIVE SOLUTION TO ACCOMMODATE OUR TOWING REQUIREMENTS MUST BE PROVIDED.
