Administration
Third of Three Parts
How to Write Municipal Mobile Equipment Specifications in the New Decade
When your solicitation package is being prepared for bidding by the appropriate agency in your municipality, you may consider the applicability of including a Pre-bid Conference, a Pre-construction Conference and/or a Prototype Inspection with your user agency and procurement authorities.
Martin I. Dareff, CPPB, CPPO
When faced with the responsibility of preparing mobile equipment specifications for your city, county, agency or municipality, do not stress, take a deep breath and remember what we covered in these series of articles. Although you may have had little or no formal training in writing these specifications, or performing mobile equipment market research, I hope these guidelines have helped you on the road towards completing a project.
In the July 2010 issue of Waste Advantage Magazine, I discussed how to get started when assigned the task of writing specification, including defining what you need, organizing a quote and a bid, the types of specifications and what to avoid. The second part (August 2010) covered research and putting it on paper. In the final part of this series, we will discuss wrapping up the process and double checking any points that need to be addressed before completion.
I’m Almost Done but I’m Not Sure, What If … ?
After your specifications have been completed and reviewed with your user agency and maintenance authority, they may require submission to an additional administrative authority for review and approval. In Miami-Dade County, the Fleet Management Division of the General Services Administration has been charged with the responsibility for review and approval of all mobile equipment specifications prior to solicitation by the Department of Procurement Management. Specifications are reviewed for completeness, applicability to the job’s work requirements, open and competitive nature and conformance with industry standards, attention to safety standards and proper specification writing methodology. A good eye is kept on need versus want as described in earlier articles.
When your solicitation package is being prepared for bidding by the appropriate agency in your municipality, you may consider the applicability of including a Pre-bid Conference, a Pre-construction Conference and/or a Prototype Inspection with your user agency and procurement authorities.
A Pre-Bid Conference
A Pre-bid Conference is recommended when specifications are complex, quantities are large, contractual terms are long and the resulting competition is expected to be fierce. This conference provides an opportunity for prospective bidders to ask questions, clarify issues, provide additional input and raise items or issues about the specifications that may require correction prior to bid submission. The value of the Pre-bid Conference for complex solicitations cannot be overstated. A Pre-bid Conference should never be considered a substitute for doing all appropriate product research during the development of the specifications.
A Pre-Construction Conference
A Pre-construction Conference is recommended when the specifications are complex, the equipment is expensive and specialized, or any of the agencies involved feel it will be beneficial to review the build of the vehicle in great detail with the awarded vendor prior to construction. In this type of conference, the unit’s specifications and construction are reviewed on a line-by-line basis. It is valuable to have representatives ranging from the equipment’s operators to maintenance division supervisors in attendance. Areas that may become of particular interest in this type of conference include equipment controls or placements of lines, hoses and filters and other items that may not be fully described in the specifications or awarded vendor’s bid proposal.
A Prototype Inspection
A Prototype Inspection is recommended when the specifications are complex, the equipment is expensive or specialized, and/or a significantly sized order has been placed. When those conditions are present, the onsite inspection of the first unit for placement of controls, maintenance access, routing of lines and hoses, placement and design of electrical wires and harnesses, hand holds and grips, etc., may be in the best interests of the municipality. This inspection may represent the last opportunity to make changes or corrections to the final product of a significantly sized order prior to the commencement of the manufacturer’s production.
The Final Product is Delivered
After delivery to the municipality, the equipment should be checked by qualified personnel from the assigned agency for conformance with specification requirements and then be processed into the municipalities’ system. License plates, fueling control items, MSOs, title documents, acceptance sheets, asset numbers and a variety of other fleet and municipal requirements are completed and all data is recorded or processed as appropriate. The equipment is invoiced and paid for, and turned over to the end user to begin its operational life cycle. Congratulations, you’ve made it happen from the first “I need”, to product design, purchase, delivery, acceptance and placement in service. This is an appropriate time to put a couple of notes on your calendar. Follow up with the user agency and the maintenance facility after an appropriate time period to determine what, if anything, could have done differently to make the equipment a better value for the user, easier to maintain by the service facility, or more effective in performing its work application. Good specification writing is always a work in progress.
Following is a sample of the Special Terms and Conditions used by Miami-Dade County. As you can see they work hand in hand with the technical specifications and govern many phases of the bid submission as well as equipment design, supply, delivery, correction of defects, etc. Thorough knowledge of them is required by anyone writing equipment specifications.
2.9 Special Conditions for Bidding Mobile Equipment
Bidding equal products, no substitution components, manufacturer’s catalogues, brochures and product demonstrations:
2.9.1 The use of a manufacturer’s name, brand name and/or model number within this solicitation is for the sole purpose of establishing minimum requirements of levels of quality, standards of performance and design. These references are in no way intended to prohibit the offer of other manufacturer’s brands of equal material, quality, design and standards of performance, unless the wording NO SUBSTITUTION is used. When an equal product is offered, the vendor may be required to furnish the factory information sheets (specifications, brochures, etc.) that show the product meets the required specifications. If required, the bidder will be given 10 calendar days to submit the information to the County during the bid evaluation period. Failure to meet this requirement may result in that bid being rejected. The County shall be sole judge of equality or similarity and its decision shall be final.
2.9.2 When NO SUBSTITUTION is used in combination with a manufacturer’s name, brand name and/or model number, that named item is the only item that will be accepted by the County.
2.9.3 Manufacturer’s standard information sheets, catalogues, brochures and all supporting documentation submitted must show the product meets the required specifications. Bids that are submitted with standard product literature that offer technical data or product descriptions indicating the item or product does not meet the required specifications must be accompanied by a letter on the vendor’s company letterhead identifying those differences and describing how compliance with the required specifications is to be accomplished. Failure to comply with this requirement may result in the rejection of that offer for failure to meet the required specifications.
Photographs and picture illustrations that are part of standard product literature will not be used in determining product compliance with the technical specifications set forth in this solicitation.
2.9.4 After the offers have been evaluated by the County, the bidder who is the apparent awardee pursuant to Section 2, Paragraph 2.6 of this solicitation, may be required to demonstrate the equipment that has been proposed for evaluation by, and at no cost to, the County. Should the equipment bid be a custom fabrication or one time build item, the County, at its discretion, may accept a demonstration of similar equipment manufactured by the vendor. The purpose of the demonstration is to observe the equipment in an operating environment and verify its capability, suitability, and adaptability in conformance with the performance requirements stipulated in this solicitation. If a demonstration is required, the County will notify the vendor of such in writing and will specify the date, time and location of the demonstration. If the vendor fails to perform the demonstration on the date stipulated in the notice, the County may elect to reject the offer or to re-schedule the demonstration, whichever course is determined by the County to be in the County’s best interest. The County shall be the sole judge of the acceptability of the equipment in conformance with this solicitation and its decision shall be final. Regardless of the unit demonstrated the final delivered product must conform fully to all solicitation requirements.
2.9.5 The equipment used for the demonstration will be the same as the manufacturer’s model identified in the vendor’s offer and meet all specification requirements unless similar equipment is accepted for demonstration purposes as cited previously. When similar equipment is not accepted for demonstration, the equipment used in the demonstration shall create an express warranty that the actual equipment provided by the vendor during the contract period shall conform to the equipment used in the demonstration. Should that equipment be new, not previously demonstrated and conform with all technical specifications and requirements, the County reserves the right to purchase that equipment upon successful completion of the demonstration and approval of the Board of County Commissioners, if applicable.
Equipment Furnished
2.9.6 The equipment furnished by the vendor shall be new and the most recent model available. Demonstrators are not acceptable. Any optional components that are required in accordance with the work tasks described in these technical specifications or within this solicitation shall be considered standard equipment for the purposes of this solicitation. Any optional components that are recommended by the vehicles’ manufacturer for the application intended must be included and will be considered standard equipment for the purposes of this solicitation. The application and usage of all components, sub-components or parts must be in accordance with their manufacturers’ recommendations as well as the recommendations of all associated component manufacturers. Omission of any essential detail from these specifications does not relieve the vendor from furnishing a complete and ready to work unit. The silence of specifications on any point shall mean that only the finest commercial practices of the industry shall apply and all interpretations of the technical specifications shall be so governed. The unit shall conform to all applicable OSHA, State and Federal and ANSI requirements and standards, and DOT regulations. All components and included craftsmanship are to be in accordance with current SAE standards and recommended practices. The engineering, materials and workmanship shall exhibit a high level of quality and appearance consistent with or exceeding the best industry standards.
2.9.7 The equipment and features required are listed in this solicitation. During the full term of the contract (to include any option to renew periods), the County may, after delivery and acceptance of the initial equipment order, make changes to the required equipment or equipment options supplied provided; such changes are mutually agreed between the vendor and the County, and, all changes in per unit pricing are no more than the actual change in per unit cost that is documented by the vendor, and, that the net amount of any such changes is no more than 10 percent of the per unit price originally submitted. Accepting or rejecting offered options shall not impact this percentage. Solicitations requiring a pre-construction conference, or, the construction and approval of a prototype unit, will be considered in satisfaction of the initial equipment order provision of this paragraph.
Vendor Status
2.9.8 Only bids submitted by an OEM truck manufacturer or their approved dealer will be accepted for evaluation. Bids submitted by a dealer, should include a letter from the manufacturer confirming that they are an authorized dealer. Failure to meet this requirement prior to award may result in that bid being deemed non-responsive.
2.9.9 When the bid contains a body that is not manufactured by the OEM truck manufacturer an approved service facility capable of performing warranty repairs and supplying needed parts for the body must be located in Miami-Dade or Broward County. The service facility will be subject to the approval of the County. The bidder must be an approved dealer of the OEM truck manufacturer and be located in Miami-Dade or Broward County
Warranty Requirements
2.9.10 The awarded vendor shall supply and be responsible for the equipment’s warranty. This warranty must cover the entire unit bumper to bumper without deductible and have a minimum term from equipment acceptance of 36 months or 6,000 operating hours or 36,000 miles, whichever comes first. When equipment or component manufacturers provide a warranty with coverage in excess of that stipulated herein, that additional coverage shall not be diminished by the requirements of this paragraph. The administration of delayed in-service warranty starts is specifically included. The vendor agrees to third-party warranty claim administration and filing at the discretion of the County.
Prior to the issuance of any equipment order, the County may require the successful bidder and/or the body manufacturer they represent or bid with to enter into an in-house warranty certification agreement with the County with terms similar, or comparable to, existing County agreements with Autocar Truck, Ford, Daimler, Freightliner, Peterbilt, Kenworth, Caterpillar, Labrie, Leach, Heil, Vactor, Vac-con, Elgin, Hendrickson, and others.
2.9.11 The awarded vendor shall be responsible for promptly correcting any warranted deficiency, at no cost to the County, at a warranty service center that meets the criteria stated in paragraph 2.9.9 within five calendar days after the County notified the vendor of such deficiency verbally or in writing. If the vendor fails to honor the warranty and/or fails to correct or replace the defect within the period specified, the County may, at its discretion, notify the vendor in writing that the vendor may be subject to contractual default, and/or debarment as a County vendor, if the corrections, replacement or repairs are not completed to the satisfaction of the County within five calendar days of receipt of notice. If the vendor fails to satisfy the warranty within the period stipulated in the notice, the County may (a) place the vendor in default of its contract, and/or (b) procure the products or services from another vendor and charge the vendor for any additional costs that are incurred by the County for the work or items; either through a credit memorandum or through invoicing. If the vendor fails to honor these re-procurement costs, the County may suspend the vendor from submitting offers on County contracts for a minimum period of 60 months.
2.9.12 The awarded vendor and/or their local service representative may be required, at the discretion of the County and prior to the placing of any equipment order, to enter into an OEM parts and service supply agreement at any time during the useful life of the equipment furnished. This maintenance support agreement would be to supply parts, repairs and training or service at the County’s discretion. By the submission of its bid, the bidder agrees to enter into such agreement at the County’s discretion, with parts and labor pricing at rates no higher than industry standard. A purchase order for such parts and services as may be needed can be issued by the County as part of the scope of this solicitation and any resulting contract.
Delivery and Payment
2.9.13 All prices are to be quoted F.O.B. destination. Deliveries are authorized at GSA Fleet Management Shop, (insert location address), or at another location that may be so designated on the purchase order between the hours of 8:00 A.M. and 2:00 P.M. weekdays. Contact: (insert contact) at (insert phone number), 48 hours prior to delivery.
2.9.14 Delivery is required within (inset number of calendar days) days, or other specified date on the purchase order, from the date that the County orders the equipment by sending a printed Purchase Order to the vendor. All deliveries are to be made in accordance with the best commercial practices. All equipment delivered must be in full compliance with the specifications and requirements of this solicitation and resultant contract, and must be in excellent condition ready to work condition. Upon verification of compliance with these requirements, the County will accept the delivered equipment. See Paragraph 2.9.16 for delivery defect correction requirements.
2.9.15 Upon failure to deliver the equipment in accordance with best commercial practices, excellent ready to work condition, and full compliance with the specifications and requirements to the County within the number of days stipulated in Paragraph 2.9.14, the awarded vendor shall be subject to charges for liquidation damages in the amount of 1/10 of 1 percent of the per unit purchase price for each and every calendar day that each unit of the equipment order is not delivered in acceptable condition. This charge for liquidation damages is in addition to other remedies and timetable requirements listed in Paragraph 2.9.16 below.
2.9.16 The vendor shall be responsible for promptly correcting any equipment delivery deficiency, at no cost to the County, within 10 calendar days after the County notifies the vendor of such deficiency in writing. If the vendor fails to correct or replace the defect within the period specified, the County may, at its discretion, notify the vendor in writing that the vendor may be subject to contractual default, and/or debarment as a County vendor if the corrections are not completed to the satisfaction of the County within 10 calendar days of receipt of notice. If the vendor fails to satisfy the delivery requirements within the period stipulated in the notice, the County may (a) place the vendor in default of its contract, and/or (b) procure the products or services from another vendor and charge the vendor for any additional costs that are incurred by the County either through a credit memorandum or through invoicing. If the vendor fails to honor these re-procurement costs, the County may suspend the vendor from submitting offers on County contracts.
2.9.17 The County shall issue payment after completion of items (a) and (b) below, and as per the payment provisions established in Section 1, Paragraph 1.2, (H) (1):
a. The delivered unit is successfully inspected for compliance with all specifications and requirements and is accepted (including delivery of the required manuals).
b. All documentation described in the Purchase Order has been received as stipulated therein. The language that will appear in the successful bidders Purchase Order is:
Application for Certificate of Title and/or Vehicle Registration (HSMV-8040), Certification of Motor Vehicle Sale Tax Exemption (MVC Form DR-41A), Motor Vehicle Dealer Title Reassignment Supplement (DHSMV 82994), Manufacturer’s Statement of Origin To A Motor Vehicle and Service Policy shall be made out in the name of: (Organization and Address).
c. These documents must be dated to coincide with the delivery of the equipment, send all papers to: (Organization and Address).
d. All documents must be properly filled out and completed, signed and notarized by an authorized individual with no strikeovers on any documents. Non-compliance will result in payment delays.
e. The invoice is to be made out in triplicate to the name of the department as indicated on the Purchase Order and mailed to the same address as shown on the Purchase Order. The vehicle key numbers are to be noted on the invoice.
Parts, Repairs and Training Manuals
2.9.18 The vendor shall supply the County with one copy of a comprehensive operation manual, and, if appropriate, a training manual which describes the appropriate use of the equipment purchased, and one copy of a comprehensive repairs and parts manuals which identify the component parts and which describe the appropriate process for repairing the equipment purchased. These are to be supplied by the vendor with the first unit delivered for the components supplied by both the truck and body manufacturer when such is appropriate. Manuals may be on CD, online, or in hard copy form. CD or on-line media is preferred. The County reserves the right to withhold any or all payment until such time these manuals are presented to, and accepted by, the County.
Alternative Bids
2.9.19 Alternative bids, as noted in Bid Section 1, Paragraph 1.3, (E), are not permitted as part of this solicitation.
Motor Vehicle License Requirement
2.9.20 If applicable to this bid, per Chapter 320 of the Florida Statutes, “No motor vehicle, foreign or domestic may be sold, leased or bid for sale or lease in this state unless the Manufacturer, Importer or Distributor of such motor vehicle which issues an agreement to a motor vehicle dealer in this state is licensed under SS320.60-320.70”. Bidders submitting offers in conjunction with this solicitation should furnish a copy of this license with the Bid Submittal, however, the vendor may be given the opportunity to submit the affidavit to the County during the evaluation period. At such time, the bidder shall be given 15 calendar days to submit the license. Failure to meet this requirement may result in rejection of the offer.
Pre-Construction Conference
2.9.21 The bidder selected for award may be required to conduct a Pre-Construction Conference for five (5) County officials designated to represent the County prior to the manufacturing or assembly of the equipment that is specified in this solicitation. The vendor may select the location of this Pre-Construction Conference subject to concurrence by the County. Any costs incurred by these County officials in conjunction with the Pre-Construction Conference will be borne by the County.
Production/Prototype Inspection
2.9.22 The awarded vendor may be required to provide for an onsite production / prototype inspection of the first unit manufactured at times which are mutually convenient to the vendor and the County officials attending. This inspection shall be performed prior to the final assembly of the equipment in order to evaluate the placement of controls and lines, structural changes and general construction techniques. The vendor shall provide reasonable notice to the County prior to the scheduling of the onsite production inspection.
The County reserves the right to require modifications to the equipment if such modifications are necessary in order to bring the equipment into compliance with the technical specifications, the vendor’s offer, or best commercial practices. The County reserves the right to require multiple production inspections where multiple locations or companies are involved with the construction of a final unit. Any costs incurred by these County Officials in conjunction with on-site production/prototype inspection will be borne by the County.
Writing municipal mobile specification should not be a stressful process. If you take your time and perform research, while reviewing the information required when going through the steps of putting together your project bid, you will be able to find success in winning the jobs.
Martin I. Dareff, CPPO, has more than 40 years of experience in the mobile equipment and ground transportation industries. He is a graduate of the University of Miami and an active member of the National Institute of Governmental Purchasing. He manages the Equipment Services section of the Miami-Dade County Fleet Management Division, where he has written hundreds of specifications involving all types of mobile equipment and fleet service support contracting. Under his guidance more than 50 million dollars a year in capital mobile equipment and outside services and repairs are contracted. His product application and design experience extends through both the public and private sectors. Martin is an authority on municipal chassis engineering and the development and application of equipment performance standards. He has done pioneering design and development work for equipment used in the refuse collection, trash collection and the sewer cleaning industries. He has lectured on mobile equipment purchasing for the National Association of Fleet Administrators and served as a hearing examiner. He has devoted time to municipal task forces, selection committees and has been consulted by numerous public entities, private sector businesses and equipment manufacturers. Martin can be reached at (305) 375-2302 or via e-mail at [email protected].