Current Contract Information Form

[Pages:5]

State of Washington

Current Contract Information

Revised Date: March 26, 2013

Revised reason: Extension of contract

|Contract number: |02806 |Commodity code: |2610 and 2620 |

|Contract title: |Tire Retreading, 24 Hour Road Tire Service, Tire Repair and Misc. |

| |Tire Services - Statewide (For over-the-road Class 3 thru Class 8 vehicles) |

| |*see below for products and services available through this contract |

| | |

| |[pic][pic] |

|Purpose: |Included original solicitation & solicitation amendment in CCI |

|Current Term: |March 31, 2013 |through: |April 30, 2013 or until a replacement contract is effective, whichever |

| | | |comes first. |

| | | |[pic] |

|Contract type: |This contract is designated as Convenience use. |

|Scope of Contract: |The purpose of this contract: (1) On-going reduction in the States overall tire cost (2) Encourage Fleets to establish tire management|

| |programs, (3) Ensure safety by implementation of programs and systems to monitor tire performance, (4) Reduce the environmental impact|

| |of tire disposal by recycling and reusing. (5) Increasing fuel economy. |

|Contractors: |Alpine Commercial Tire and Retreaders Inc. Alpine Commercial Tire is currently using Shearography. |

| |Les Schwab – Not Available on contract, as of 4/1/09. |

|Products/Services available |Tire Retreading Services Program: includes pickup and return 7 day turnaround, yard survey, training assistance on a fleet and |

|through this contract: |statewide basis, accountability reporting, contractor will meet with the purchaser semi-annually for the purpose of: presenting a |

| |Fleet Survey which results in minimize cost, increase tire life and improved fuel efficiency. |

| |Tire Repair |

| |24 Hour Road Tire Service |

| |Front End Alignments & Misc. Tire Services –See Contract #00108 Tires, Tubes & Service with Goodyear |

|Related product contracts: |00108 Tires, Tubes and Services |

|Primary user agency(ies): |General use: All State Agencies, Political Subdivisions of Washington and Oregon State, Qualified Non-profit Corporations, Materials |

| |Management Center, Participating Institutions of Higher Education (College and Universities, Community and Technical Colleges). |

| | |

| | |

| | |

|Current participation: |$0 MBE |$0 WBE |$265,617 OTHER |$0 EXEMPT |

| |MBE 0% |WBE 0% |OTHER 100% |Exempt 0% |

|Recovered material: |Old Tires |

| |

|Contracts Specialist: |Steve Hatfield |Alternate Contact: |Christine Schoepfer |

|Phone Number: |(360) 407-9276 |Phone Number: |(360) 407-9404 |

|Fax Number: |(360) 586-2426 |Fax Number: |(360) 586-2426 |

|Email: |Steve.Hatfield@des. |Email: | Christine.Schoepfer@des. |

| | | | |

|State Technical Advisor |Richard Edgar, City of Seattle |

| |206-386-1162 |

| | |

|Contractor Information, Order |Alpine Tire & Commercial Tire Retreaders: Page 5 |

|Information/ Payment Terms: |Les Schwab: No longer on contract – as of 4/1/09 |

|Contract pricing/ Pricing Method:|See page 6-8. Contract pricing for “Basic Tire Retreading Program.” is the Current List price referenced on |

| |page 6. Copies of this price list is available from the vendors. |

|Contract Specifications: |See pages 9-11 |

|Contract Terms and Conditions: |See pages 12-14 |

|Wa. Public Transit Agency FTA |See pages 15-21 |

|Clauses – over 100k: | |

|Vendor Performance Report: |See pages 22 |

|Master Contracts & Consulting, |See pages 23 |

|Performance Report: | |

|Service Locations: |Entire State of Washington |

Contract Action History:

|08/30/11 |Administrative Change: Updated Contract Specialist Information |

|2/2/11 |Contract Extension: Contract with Alpine Commercial Tire & Retreaders has been extended for an additional twenty four month term (24), 4/1/11 to|

| |3/31/13 for Tire Retreading & 24 Hour Road Tire Service |

|10/2/09 |Added Dispatch # for 24/7 Service: 425-482-6596 |

|4/1/09 |Contract Extension: Contract with Alpine Commercial Tire & Retreaders has been extended for 24 months, 4/1/09 to 3/31/11 for Tire Retreading & |

| |24 Hour Road Tire Service. Alpine Tire will expand their service area to provide Tire Retreading & 24 Hour Road Service to all state agencies |

| |and members of the Washington State Purchasing Cooperative (WSPC) and members of the Oregon Cooperative Purchasing Program (DASCPP/ORCPP) at the |

| |same pricing, terms and conditions (amendment #5). |

| |Les Schwab: No longer available on contract as they can’t comply with the shearography equipment installation requirement. |

| |Front End Alignment: Service no longer available on this contract but is available on contract #00108 Tires, Tubes & Service with Goodyear Tire.|

| |Price Savings with Alpine Commercial Tire & Retreaders: Adjusted the percent off “Current Bandag MFG Price List for Truck/Light Truck” from 63% |

| |to 64% off for the “Basic Tire Retreading Program” (amendment #4). |

| |Alpine Tire will report Sales Usage quarterly, by Agency, through the Contract Sales Reporting System located on the internet at |

| | (amendment #5) |

| |All other pricing, contract terms and conditions remain unchanged. |

|4/3/08 |Amendment #3: Add four “Off The Road” retread options for earthmovers, scrapers and loaders to Alpine Commercial Tire and Retreaders portion of |

| |contract. Pricing reflects 50.484% off “Northwest OTR Retread Price List 9/06.” All other terms, conditions, and pricing remain unchanged |

| |33.25R29 #16 Retread, $3,397.84 each |

| |20.5R25 #16 Retread, $978.55 each |

| |23.5R25 #16 Retread, $1,295.81 each |

| |26.5R25 #16 Retread, $1825.06 each |

|4/1/08 |Amendment #2: To discontinue retreading Light Truck Tires (215/85R16, 225/75R16, 235/R16, 245/75R16 and 265/75R16) for Les Schwab’s portion of |

| |the contract. This change will impact class 3 and some class 4 trucks. Update Master Contracts & Consulting Contracts Specialist and Alternative|

| |Contact information. All other terms, conditions, and pricing remain unchanged |

|6/29/07 |Jubitz Tire and Retreading was removed from Contract No. 02806 effective June 04, 2007. Les Schwab is now awarded contract coverage throughout |

| |Oregon and Washington except all other Purchasers not awarded Alpine. Alpine is awarded within the city of Woodinville and its boundaries. |

|6/12/07 |Amendment #1: Award Clark County area to Les Schwab’s portion of the contract, 02806, Tire Retreading, 24 Hour Road Tire Service. |

|2/1/07 |Awarded contract 02806 to Jubitz Tire and Retreading, Alpine Commercial Tire and Retreaders Inc, and Les Schwab. The contract period is 02/01/07 |

| |through 03/31/09 with extension options through 03/31/13. |

|8/8/06 |Bid Opens |

Notes:

1. This contract is for “Tire Management Services” for the purpose of improving cost, tire safety and good stewardship. Purchasers may need to consider the contractor ability to service consistent with those services described in the contract specification.

2. State Agencies: Submit Order directly to Contractor for processing. Political Subdivisions: Submit orders directly to Contractor referencing State of Washington contract number. If you are unsure of your status in the State Purchasing Cooperative call (360) 902-7415 or visit .

3. Only authorized purchasers included in the State of Washington Purchasing Cooperative (WSPC) and State of Oregon Cooperative Purchasing Program (DASCPP/ORCPP) listings published and updated periodically by MCC and DAS may purchase from this contract. It is the contractor’s responsibility to verify membership of these organizations prior to processing orders received under this contract. A list of Washington members is available on the Internet and a list of the Oregon members is available at contractors shall not process state contract orders from unauthorized users.

4. Contract Terms: This Document includes by reference all terms and conditions published in the original IFB, including Standard Terms and Conditions, and Definitions, included in the Competitive Procurement Standards published by MCC (as Amended).

Contractor Information

1 Alpine Commercial Tire and Retreaders – Entire state of Washington

|Contractor: |Alpine Commercial Tire and Retreaders Inc. |

| |6200 238th St SE |

| |Woodinville, WA 98072 |

|Contact: |Ken Epperly |

|Contact Phone#: |425-508-7735 |

|Dispatch # for 24/7 Service: |425-482-6596 |

|Fax: |425-488-2953 |

|Email: |Ken@ |

|Internet address: |N/A |

|Federal ID No.: |91-1538357 |

|Contract worth: |$265,617.00 estimate for 1 year |

|Payment address: |Same as above |

|Ordering procedures: |Same as above |

|Billing address: |Same as above |

|Credit card acceptance: |Yes, Mastercard, American Express and Visa |

|Currently using Shearography: |Yes |

|Minimum orders: |None |

|Hours of Operation: |Monday – Friday 7:00 a.m. – 6:00 p.m. |

|Delivery time: |The guaranteed tire turnaround time from pickup to delivery of the newly retreaded tire shall not exceed 7 |

| |calendar days. In the event the fleet facility that does not have a scheduled pickup, the Contractor shall |

| |guarantee a pickup within 3 days or as mutually agreed. |

|Payment terms: |1% 30 Days |

|Shipping destination: |Freight on Board (FOB) destination |

|Freight: |Prepaid and included |

CONTRACT PRICING

BASIC TIRE RETREADING PROGRAM:

|Item |Description |

| | |

|1 |Basic Tire Retreading Program See Specifications pages 9-11 for a description of the states “Basic Tire Retreading Program”. |

| |Pricing below is for un-mounted radial tires. In the event dismounting and mounting is required, see item 7 below for pricing. |

| | |

| |1. Alpine Comm Tire: 64%% off Current Bandag Mfg Price List for Truck/ Light Truck. This Price List is available from Alpine |

| |(amendment #4) |

| | |

| |50.484% off “Northwest OTR Retread Price List” on selected earthmover, scraper and loader retreads. Price list available from |

| |Alpine or see Special Notes section of this contract (Amendment #3). |

| | |

Tire Repair Only:

|Item |Description |Unit |Alpine Comm |

| | | |Tire |

| 2 |Tire nail hole Repair, radial, at |EA |$6.50 |

| |contractor facility | | |

| | | | |

|3 |Tire section Repair at contractor |EA |$30.00 |

| |facility | | |

|4 |Balancing |EA |$18.00 |

|5 |Replace Valve Stems |EA |$ 6.50 |

|6 |Refurbish Rims |EA |$22.50 |

|7 |Dismount and Mount |One cost to dismount |$16.00 |

| | |and mount | |

|8 |Non re-enforced spot repairs |EA |No Charge |

| |acceptable | | |

|9 |Minor bead repairs |EA |No Charge |

24 Hour Tire Road Side Service:

|Item |Description |Alpine Comm |

| | |Tire |

|10 |Hourly Labor Rate for Tire/Road Service (includes miscellaneous materials and|$65.00 per hour |

| |sundries). Portal to Portal, 2 hour minimum call time. | |

| |Peak Period 7:00 AM – 5:00 PM Monday-Friday | |

| |All services are “per hour” (or fraction thereof) and include at no | |

| |additional charge: | |

| |Miscellaneous road service labor charges such as flat repairs (includes patch| |

| |and cement) | |

| |Mounts and Dismounts | |

| |Mileage (no additional charge) | |

| |The following materials used may be assessed as an additional charge: | |

| |Valve hardware | |

| |Studs | |

| |Tubes etc | |

| |Vehicles to include but not limited to: Sedans, Engineering Equipment, | |

| |Pick-up Trucks, 6 & 10 Wheel Dump Trucks, 6 & 10 Wheel Trash Haulers, | |

| |Backhoe, Front End Loaders and Street Sweeper. | |

|11 |Hourly Labor Rate for Tire/Road Service (labor rate includes miscellaneous |$85.00 |

| |materials and sundries). Portal to Portal, 2 hour minimum call time. | |

| | | |

| |Off Hours Period 5:01 PM-6:59 AM plus weekends & Holidays | |

| |Portal to Portal | |

| | | |

| |All services are “per hour” (or fraction thereof) and include at no | |

| |additional charge: | |

| |Miscellaneous road service labor charges such as flat repairs (includes patch| |

| |and cement) | |

| |Mounts and Dismounts | |

| |Mileage (no additional charge) | |

| | | |

| |The following materials used may be assessed as an additional charge: | |

| |Valve hardware | |

| |Studs | |

| |Tubes etc | |

| | | |

| |Vehicles to include but not limited to: Sedans, Engineering Equipment, | |

| |Pick-up Trucks, 6 & 10 Wheel Dump Trucks, 6 & 10 Wheel Trash Haulers, | |

| |Backhoe, Front End Loaders and Street Sweeper. | |

MISCELLANEOUS:

|Item |Description |Alpine Comm |

| | |Tire |

|12 |Front End Alignments: 2 Wheel Drive Light Pick-up Trucks & Passenger Cars to |N/A |

| |include rear wheel drive up to 11,000GVW |See contract 00108 with Goodyear |

| | |Tire |

|13 |Front End Alignments: 4Wheel Drive Pick-up Trucks to 14,000 GVW |N/A |

| | |See contract 00108 with Goodyear |

| | |Tire |

|14 |On Site Work: (labor hours begins when employee is on premises) |$65.00 |

| |Wheel Switch Service: This service may be performed indoors or outdoors at | |

| |the fleet facility. Wheel switch is defined as the removal of a complete | |

| |tire and wheel and/or rim and the replacement of a retread and/or repaired | |

| |tire and wheel and/or rim to the vehicle. All mounting of tire, tightening | |

| |of lug nuts, nail repairs or any service performed by the vendor will be in | |

| |accordance with the manufactures recommendation and procedure. | |

| | | |

SPECIFICATION

Contract 02806: Tire Retreading, 24 Hour Road Tire Service, Tire Repair and Misc.

Tire Services - Statewide (For over-the-road Class 3 thru Class 8 vehicles)

|Scope: |

|Tire Retreading Services, Tire Repair, 24 Hour Roadside Service and Miscellaneous Tire Services for over-the-road class 3 thru class 8 vehicles. |

| |

|The successful bidder shall be an established business that does tire retreading and possesses the necessary equipment and personnel necessary to meet the product |

|and service requirements identified herein with no less than five (5) years experience in tire retreading and road service business. |

| |

|1. Tire Retreading Services: |

|General: Tire Retreading and Tire Repair shall conform to industry accepted specification titled: Recommended Specification Guidelines. Copies of this document |

|will be available at the Prebid Conference. Also, this document is available through the: Tire Retread Information Bureau. In addition to compliance with |

|Recommended Specification Guidelines, we desire that retread tires provided through this contract shall have been examined by the use of Shearography technology. |

|In order to be responsive to this requirement, the bidder shall have Shearography equipment installed and in use or as an alternate agree to have available within |

|24 months of the award date. |

| |

|Shearography is technology and equipment used to identifying problems in the tire casing to be retreaded. Shearography creates sheared or split optical images. |

|An area to be inspected is illuminated by a number of lasers, and a picture is taken, usually by a CCD camera. This picture is stored in the computer. A small |

|vacuum is pulled in the inspection chamber to stress the tire construction and the area is again photographed. The second image is overlaid on the first one in |

|the computer and any difference in the information of one picture with the regards to the other, results in a “sheared image differential”. This is translated by |

|the computer into a visual problem shown on the screen. Shearography documentation will be available for review by the purchaser up to 4 years after delivery. |

|This contract is for tire retreading utilizing the Procure Method. |

|Tread width will be based upon manufacturer recommendation for casing being retreaded. |

|Contractor will not sub-contract retreading services to any other company. |

|Only casings meeting the following parameters are to be retreaded. |

| |

|1. Age of the casing shall be within 6 years of the manufacture date. |

|2. Retreaded tires returned to the customer shall have no more than two hole repairs, only non re-enforced spot repairs acceptable and a maximum of two minor bead |

|repairs. |

|3. Casings provided by the purchaser will be premium lines of Michelin, Goodyear or equivalent. |

|A Fleet representative may authorize deviation from this standard on an exception basis. It’s understood that deviation from the contract standard may result in |

|an additional cost to the purchaser. |

| |

|1. Tire Retreading Services: (Continued) |

|Basic Tire Retreading Program: |

|Includes the following: |

|1. Retreading the tire casings includes all the following bulleted items listed below. The cost of which is included in cost of the retread tires purchased. |

|Mounted Tire Program: The contractor will pickup casings and return retreaded tires to the customer. 50% of the tires picked up and returned will be mounted, 50%|

|un-mounted. The contract is for the retreading of casing provided by the customer. Returned retreaded tires will be those provided by the Purchaser. |

|Some purchasers may require the Contractor inventory a limited quantity of their retreaded tires. Contractor will pickup and return will be on Contractor’s |

|routine route schedule unless otherwise agreed. |

|The guaranteed tire turnaround time from pickup to delivery of the newly retreaded tire shall not exceed 7 calendar days. Example: A tire picked up on Friday |

|would be delivered on or before Friday of the following week. Generally, the contractor will pickup casings on their routine scheduled route. In the event the |

|fleet facility that does not have a scheduled pickup, the Contractor shall guarantee a pickup within 3 days or as mutually agreed. |

|Yard Service: Periodic inventory of fleet tire conditions and inventory of tires and quality control check. Contractors service personnel will wear high |

|visibility vests, chalk tire(s), use Jack stands, follow lock-out/tag out procedures, wear eye, ear & foot protection while working on the edge of any public road |

|or at a Purchasers facility. |

|Training and Seminar Participation: Upon request the contractor will provide training on tires at no cost. Training is intended to include on a fleet and |

|statewide level. |

|Casings not meet the contract parameter: Any tire casing not meeting the casing quality parameter must be returned to its pick up point with a Not Retreadable |

|Casing (NRC) document. The NRC document shall list all pertinent information as to why the tire casing was rejected. Retreaded casing remain the property of the |

|Purchaser. The Contractor will advise the Purchaser within 3 days if the casing failed to meet the minimum contract parameter for retreading. |

|Accountability/Reporting (Provided to the customer): |

|Accountability for States Casings: All tires removed from purchasers facility must be accounted for on a written record. |

|Scrap Tire Analysis: Contractor shall furnish a full report to the Purchaser on a quarterly basis listing the total number of tires submitted for retreading, |

|number of times deemed unfit for retreading, failures by tire manufacture, failures by retread manufacture, and warranty credits. |

| |

|In addition, the reports shall include the following information on each tire: Casing brand code, radial ®, Tire size, Retread Design, Out of Service reason, |

|Original tread depth (32nds), remaining tread depth (32nds), and any recommendations based on observations to prolong tire wear. |

| |

|Warranty: All tires repaired or retreaded under this contact shall carry the contractor’s standard commercial guarantee against defects in materials and |

|workmanship. Adjustments shall be based upon the percentage of tread wear, regardless of age or mileage. The Contractor and authorized Fleet designee will meet |

|quarterly to discuss tires warranty issues. |

| |

|Contractor will provide within 90 days and every six-month thereafter for the duration of the contract, a fleet survey and recommend a program to minimize cost and|

|increase tire life, mileage, and fuel efficiency. |

|2. Tire Repair: |

|Handled the same as that described in Basic Tire Retread Program with the exception that the tire is not retreaded. Pricing as described in items 2 thru 6. |

| |

|3. (24) Hour Roadside Service: |

|Contractor shall provide twenty-four (24) hour roadside service within a maximum dispatch time of 45 minutes in contractors’ service area. |

| |

|The Purchaser may elect to purchase this service from others if an emergency or circumstances dictate. Response time outside Contractors’ service area is subject|

|to Contractors availability. |

| |

|The Road Service shall include tire repairs and tire changes in the field for automobiles; refuse trucks, dump trucks, tire type loaders, tractor-trailers, water |

|trucks, school buses, and other construction and highway maintenance vehicle. |

| |

Contract Terms and Conditions

The following contract provisions were excerpted and abridged from the contract IFB.

PRICING ADJUSTMENTS

This contract is a single award per city/location. Pricing offered shall be for product delivered FOB Destination, freight prepaid and included.

All discounts/ multipliers offered shall include the costs of bid preparation, servicing of accounts, administrative fee of one percent, and all contractual requirements.

Percent discount is firm and fixed for twelve months after the effective date. During the term of the contract, Contractors may offer a better discount but the discount percentage cannot be reduced.

Adjustments in discounts will be considered after firm fixed price period on a pass through basis only. A minimum of thirty calendar days advance written notice of price increase is required which is to be accompanied by sufficient documentation to justify the requested increase. Documentation must be based on United States published indices such as the Producer Price Index. Acceptance will be at the discretion of the State Procurement Officer and shall not produce a higher profit margin than that established on the original contract pricing. Approved price adjustments shall remain unchanged for at least 180 calendar days thereafter.

During the contract period, any price declines at the manufacturer’s level or cost reductions to Contractor shall be reflected in a reduction of the contract price retroactive to Contractor's effective date.

PRICING METHOD

The contract price shall be the current Manufacture List Price (MLP) in effect at the time of order placement, less the discount bid. The Manufacture List Price is allowed to change without petition or prior approval. The MLP is a Not to Exceed Price. Meaning, the Contractor and Purchaser have the flexibility to reduce the price to meet the local competitive market or a specific large order requirement.

Orders will be placed directly with Contractors authorized locations. The state expects a bidder would represent a number of retreading plants and the published list price offered shall be the same for each retreading plant.

INSURANCE

Contractor shall comply with the insurance requirements specified in the IFB.

CATALOGS AND PRICE SHEETS

For products listed in the Price Sheets, bidders shall furnish all pertinent catalog pages and latest dated published price list pages. Failure to do so may cause bid to be rejected. After contract award, contractor(s) shall provide catalogs and current price lists at no charge upon request to contract purchasers. Catalogs and current price lists provided to purchasers may be in alternate format such as an online catalog or computer disks (compact disk or floppy).

RECALL NOTIFICATION

In the event of a product recall (or product service bulletin, etc.), the Contractor will notify the State Procurement Officer of the recall in addition to affected Purchasers.

RETENTION OF RECORDS

The contractor shall maintain, for at least three years after completion of this contract, all relevant records pertaining to this contract. This shall include, but not be limited to, all records pertaining to actual contract performance from the date of contract award. It shall also include information necessary to document the level of utilization of MWBE’s and other businesses as subcontractors and suppliers in this contract as well as any efforts the contractor makes to increase the participation of MWBE’s. The contractor shall also maintain, for at least three years after completion of this contract, a record of all quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in this contract. The State shall have the right to inspect and copy such records. If this contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations, or statutes included or referenced in the contract documents.

PURCHASES BY NONPROFIT CORPORATIONS

Recently enacted legislation allows nonprofit corporations to participate in state contracts for purchases administered by MCC. By mutual agreement with MCC, the contractor may sell goods or services at contract pricing awarded under this contract to self-certified nonprofit corporations. Such organizations purchasing under this contract shall do so only to the extent they retain eligibility and comply with other contract and statutory provisions. The contractor may make reasonable inquiry of credit worthiness prior to accepting orders or delivering goods or services on contract. The state accepts no responsibility for payments by nonprofit corporations. Contractor may not change contracted payment terms for nonprofit orders.

PURCHASING CARD ACCEPTANCE

In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time, it is not mandatory that contractors accept credit card purchases, we encourage all state contractors to consider this alternate payment process. Please indicate on the enclosed attachment entitled "Bid Information", which card(s) you presently accept and payment discount you may offer the state. The current card available for state agency use is a VISA product.

CONTRACTOR PERFORMANCE

A. General Requirements: The state, in conjunction with Purchasers, monitors and maintains records of Contractor performance. Said performance shall be a factor in evaluation and award of this and all future contracts. Purchasers will be provided with product/service performance report forms to forward reports of superior or poor performance to the State Procurement Officer.

B. Damages: The state has an immediate requirement for the materials, equipment or services specified herein. Bidders are urged to give careful consideration to the purchase requirements and to the manufacturer’s production capabilities when establishing a delivery date(s). Damages will be assessed in the amount of actual damages incurred by the Purchaser as a result of Contractor’s failure to perform herein.

C. Cost of Remedying Defects: All defects, indirect and consequential costs of correcting, removing or replacing any or all of the defective materials or equipment will be charged against the Contractor.

PERFORMANCE EVALUATION

Performance data may be collected and maintained by the Master Contracts & Consulting. A sample reporting form titled Vendor Performance Report is enclosed to collect contractor performance data. Contractors failing to achieve and maintain a performance rating less than acceptable for delivery and order accuracy may be considered cause for contract action.

SERVICE EXPECTATIONS

Contractor(s) will:

• Review the impact of this award and take the necessary steps to ensure adequate coverage and contract compliance.

• Assist Purchasers in making cost effective purchases. This assistance should include, in part, suggesting alternate brands, new methods, and economic order quantities.

• Promote and market the use of this contract to all eligible Purchasers including State and Procurement Cooperative Members.

• Take necessary action to ensure that authorized Purchasers will automatically receive contract pricing.

• Ensure that those who use this contract are authorized State Purchasing Cooperative (SPC) members.

• Provide price verification to contract users upon request.

• Establish internal audit procedures to ensure the Purchaser is receiving the correct contract pricing.

IMPLEMENTATION PHASE

Contractors will be allowed a 45 day grace period during the implementation phase of the contract to ramp up resources. The implementation phase is defined as the time for the Contractor to plan and implement any new business processes in order to answer to the need laid forth in this contract. This can involve hiring efforts, training personnel, replenishing/augmenting inventory levels etc.

OFFICE OF STATE PROCUREMENT ADMINISTRATIVE REIMBURSEMENT

This contract is subject to an administrative fee of one percent. Based upon dollar usage sold, before state sales tax (as remitted to MCC on a quarterly basis as defined herein), awarded suppliers are to remit to MCC a one percent administrative fee for reimbursement of program administrative costs. Payment will be due in conjunction with the quarterly usage report described herein (see Paragraph 17) and will be an amount equal to one percent of the previous quarterly usage total. Vendors are to reference the contract number (02806) and fund tracking number (422-210-215) on all checks remitted. Delinquency of payment may be considered cause for contract termination.

ATTACHMENT A – WA PUBLIC TRANSIT AGENCY FTA CLAUSES – Over 100K

FTA CLAUSES REQUIRED FOR WA PUBLIC TRANSIT AGENCIES

The following contract terms apply to any transactions conducted by public transit agencies of Washington State utilizing this contract as members of the Washington State Procurement Cooperative where Federal Transit Administration (FTA) funds are being used.

STATEMENT OF FINANCIAL ASSISTANCE

The procurement is subject to a financial assistance contract between public transit agencies of Washington State and the U.S. Department of Transportation. The successful bidder shall comply with all terms and conditions prescribed for third party contracts in the grant contract between the U.S. Department of Transportation and public transit agencies of Washington State and all said terms and conditions shall be deemed incorporated in the contract documents.

NEW FEDERAL LAWS, REGULATIONS, POLICIES, AND ADMINISTRATIVE PRACTICES MAY BE ESTABLISHED AFTER THE DATE THIS CONTRACT IS ESTABLISHED AND MAY APPLY TO THIS CONTRACT. TO ACHIEVE COMPLIANCE WITH CHANGING FEDERAL REQUIREMENTS, THE CONTRACTOR AGREES TO ACCEPT ALL CHANGED REQUIREMENTS THAT APPLY TO THIS CONTRACT AND REQUIRE SUBCONTRACTORS COMPLY WITH REVISED REQUIREMENTS AS WELL.

INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS

In accordance with 18 U.S.C. Section 431, no member of, or delegate to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit arising there from.

INCORPORATION OF FTA TERMS

The preceding and following provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E dated June 19, 2003, or as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict either other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests from public transit agencies of Washington State which would cause public transit agencies of Washington State to be in violation of the FTA terms and conditions.

THE CONTRACT AGREEMENT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE CONTRACT PARTIES, THEIR SUCCESSORS AND PERMITTED ASSIGNS, BUT SHALL NOT INURE TO THE BENEFIT OF ANY THIRD PARTY OR OTHER PERSON.

NO OBLIGATION BY THE FEDERAL GOVERNMENT

A. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

B. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS

A. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq., and U.S. DOT regulations, Program Fraud Civil Remedies, 49 C.F.R. Part 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, the Contractor certified or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the federal government deems appropriate.

B. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the federal government under a contract connected with a project that is financed in whole or in part with federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the government reserves the right to impose the penalties of 18 U.S.C. § 5307(n)(1) on the Contractor, to the extent the federal government deems appropriate.

C. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who shall be subject to the provisions.

FEDERAL CHANGES

Any proposed change in this contract shall be submitted to public transit agencies of Washington State for its prior approval. 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 (Form FTA MA (8) dated October, 2001) between Purchaser and FTA , 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.

ENERGY CONSERVATION REQUIREMENTS

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

CIVIL RIGHTS REQUIREMENTS

The following requirements apply to the underlying contract:

(1) NONDISCRIMINATION - IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT, AS AMENDED, 42 U.S.C. § 2000D, SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975, AS AMENDED, 42 U.S.C. § 6102, SECTION 202 OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. § 12132, AND FEDERAL TRANSIT LAW AT 49 U.S.C. § 5332, THE CONTRACTOR AGREES THAT IT WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, CREED, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY. IN ADDITION, THE CONTRACTOR AGREES TO COMPLY WITH APPLICABLE FEDERAL IMPLEMENTING REGULATIONS AND OTHER IMPLEMENTING REQUIREMENTS FTA MAY ISSUE.

(2) EQUAL EMPLOYMENT OPPORTUNITY - THE FOLLOWING EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS APPLY TO THE UNDERLYING CONTRACT:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(B) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) THE CONTRACTOR ALSO AGREES TO INCLUDE THESE REQUIREMENTS IN EACH SUBCONTRACT FINANCED IN WHOLE OR IN PART WITH FEDERAL ASSISTANCE PROVIDED BY FTA, MODIFIED ONLY IF NECESSARY TO IDENTIFY THE AFFECTED PARTIES.

FLY AMERICA REQUIREMENTS

The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

CARGO PREFERENCE REQUIREMENTS

The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

ACCESS TO RECORDS AND REPORTS

Public transit agencies of Washington State, the Comptroller General of the United States, or any of their duly authorized representatives, shall, until six years after final payment under this contract or for any shorter period specified, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers or other records involving transactions related to this contract, and may request copies of specific documents at no charge to public transit agencies of Washington State.

If it is apparent that there will be substantial subcontracting, your organization shall include clauses that impose these same requirements on any subcontractor. Thus, there shall be a clause requiring submission of cost and pricing data by subcontractors, a clause permitting examination of cost and pricing data before award and a clause permitting examination of records during the administration of the contract for all subcontractors.

Failure to include the above three clauses could subsequently result in:

A. The Contractor’s failure to submit cost data; or,

B. Refusal by the Contractor to provide such data; or

C. Refusal by the Contractor to allow the grantee access to the records of the Contractor.

Also, failure to include the examination of records provision in negotiated contracts is a violation of FTA Circular 4220.1D.

RECYCLED PRODUCTS

The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

CLEAN AIR REQUIREMENTS

A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

B. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

CLEAN WATER REQUIREMENTS

A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

B. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION

The Contractor, including any of its officers or holders of a controlling interest, is obligated to inform the Recipient (public transit agencies of Washington State) whether or not it is or has been on any debarred bidders’ list maintained by the United States Government. Should the Contractor be included on such a list during the performance of this project, it shall so inform the Recipient.

DISCLOSURE OF LOBBYING ACTIVITIES

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

PRE-AWARD AND POST DELIVERY AUDIT REQUIREMENTS

The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications:

(1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offer or certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

(2) SOLICITATION SPECIFICATION REQUIREMENTS: THE CONTRACTOR SHALL SUBMIT EVIDENCE THAT IT WILL BE CAPABLE OF MEETING THE BID SPECIFICATIONS.

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations.

Award of a contract is subject to the contractor’s compliance with the Pre-Award Audit Requirements specified in 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. part 663. Final acceptance of vehicles is subject to the contractor’s compliance with Post Delivery audit requirements.

BUY AMERICA REQUIREMENTS

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j) (2) (C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content.

A bidder or offer or must submit to the FTA recipient the appropriate Buy America certification (below) with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as no responsive. This requirement does not apply to lower tier subcontractors.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NONCONSTRUCTION)

To the degree required by the law the Contractor shall comply with the following:

Overtime Requirements

No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of 8 hours in each calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than 1½ times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such work week, whichever is greater.

Violation; Liability for Unpaid Wages; Liquidated Damages

In the event of any violation of the clause set forth in subparagraph (b) (l) of 29 CFR Section 5.5, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of 8 hours or in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5.

Withholding for Unpaid Wages and Liquidated Damages

The U.S. Department of Transportation or Community Transit shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor or any other federal contract with the same prime Contractor, or any other Federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b)(2) of 29 CFR Section 5.5.

Non construction Grants

The Contractor or Subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of DOT and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

Payrolls and Basic Records

Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

Subcontracts

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph 1 through 5 of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in subparagraphs A through E of this paragraph.

TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION WITH DISADVANTAGED BUSINESS ENTERPRISE REGULATIONS

A. Policy

“It is the policy of the Department of Transportation that disadvantaged business enterprises, as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement. Consequently, the DBE requirements of 49 CFR parts 26 apply to this agreement.”

B. Obligation

“Community Transit or its Contractor agrees to ensure the disadvantaged business enterprises as defined in 49 CFR part 26 has the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this agreement. In this regard, Community Transit or Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Community Transit and its Contractors shall not discriminate on the basis of race, creed, color, national origin, age or sex in the award and performance of DOT assisted contracts.”

C. Requirements

Each TVM, as a condition of being authorized to propose on federally assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 CFR Part 26. The certificate at section 4.09 shall be completed and submitted with proposals.

BUS TESTING

The Contractor (Manufacturer) agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665 and shall perform the following:

1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle.

2) A MANUFACTURER WHO RELEASES A REPORT UNDER PARAGRAPH 1 ABOVE SHALL PROVIDE NOTICE TO THE OPERATOR OF THE TESTING FACILITY THAT THE REPORT IS AVAILABLE TO THE PUBLIC.

3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing.

4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the united states before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components

VENDOR PERFORMANCE REPORT

|[pic] |Washington State Department of Enterprise Services |

| |Master Contracts & Consulting |

|#02806 STATEWIDE TIRE RETREADING SERVICE |

|Customers are encouraged to report performance on a basis to Master Contracts & Consulting. This information will aid our office in monitoring vendor |

|performance and in taking appropriate actions to ensure the vendor is providing you with the quality of service you need. It will also be used as a performance|

|indicator in future procurement evaluations. Make additional copies of this form as necessary. |

|Instructions: |

|1. Click on shaded area and enter each vendor being reported. |

|2. Enter the number of orders received during this period. |

|3. Enter the number of late deliveries for received orders listed in Item 2. |

|4. Enter the number of incorrect shipments for received orders listed in Item 2 (parts, quantities, pricing, etc). |

|5. Provide detail on orders identified in line 3 and/or line 4. |

|6. Indicate if issue is resolved or if all efforts to resolve have been exhausted. |

|Vendor Evaluation: |

|1. Vendor: | | | | |

|2. # Of Orders: | | | | |

|3. # Of Late Deliveries: | | | | |

|4. # Of Incorrect Shipments: | | | | |

|5. Additional Comments: |Pricing was incorrect on one | | | |

| |invoice; wrong quantity was | | | |

| |shipped on the other invoice.| | | |

|6. Issue(s) Resolved: |Yes, vendor issued CM for | | | |

| |pricing error and shipped | | | |

| |additional items missing from| | | |

| |other order. | | | |

|Purchaser Information: |

|Submitted By: |      (Name & Title) |Agency: | |

|Telephone: | |Fax: | |

|Email: | |Reporting Period: | (Month/Year) |

|Date Submitted: | | | |

|Submit completed Monthly Vendor Performance Report (email preferred) |

|To the Master Contracts & Consulting by email, csmail@des.wa. |

MASTER CONTRACTS & CONSULTING

PERFORMANCE REPORT

To MCC Customers:

Please take a moment to let us know how our services have measured up to your expectations on this contract. Please copy this form locally as needed and forward to the Master Contracts & Consulting Purchasing Manager. For any comments marked unacceptable, please explain in remarks block.

|Procurement services provided: |Excellent |Good |Acceptable |Unacceptable |

|Timeliness of contract actions | | | | |

|Professionalism and courtesy of staff | | | | |

|Services provided met customer needs | | | | |

|Knowledge of procurement rules and regulations | | | | |

|Responsiveness/problem resolution | | | | |

|Timely and effective communications | | | | |

Comments:

Agency: Prepared by:

Title:

Contract No.: 02806 Date:

Contract Title: Tire Retreading & 24 Hour Road Service Phone:

Send to:

Purchasing Manager

Master Contracts & Consulting

PO Box 41017

Olympia, Washington 98504-1017

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