INVITATION TO BID PURCHASE OF DIESEL FUEL AND GASOLINE
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INVITATION TO BID
PURCHASE OF DIESEL FUEL AND GASOLINE
For
SOUTH CENTRAL TRANSIT AUTHORITY,
LEBANON TRANSIT and
YORK ADAMS TRANSPORTATION AUTHORITY
PROJECT SCTA #01 - 15
January 2015
____________________________________________________
SOUTH CENTRAL TRANSIT AUTHORITY
45 Erick Road
Lancaster, PA 17601
(717)358-1928TABLE OF CONTENTS
SECTION PAGE
Advertisement for Bids i
I. Background 1
II. Instructions to Bidders 1-2
III. General Conditions 2-7
IV. Technical Specifications 8 - 13
V. Bid Form 14 - 16
Agreement (Sample)
Attachment A -
“FTA and Commonwealth of Pennsylvania
Third Party Contract Provisions” A-2 - A-10
Certificate 1 - Non-Collusion Statement
Certificate 2 – Commonwealth Non-Discrimination/Sexual Harassment Clause
Certificate 3 - Lobbying Certificate
Certificate 4-1 - Disadvantaged Business Enterprise Certification
Certificate 4-2 - Affidavit of Disadvantaged Business Enterprise
Certificate 5 – Certification of Participants Regarding Debarment,
Suspension, and Other Ineligibility and
Voluntary Exclusion
Certificate 6 – Contractor IntegrityPURCHASE OF DIESEL FUEL AND GASOLINE
INVITATION TO BID
The South Central Transit Authority (SCTA) as the lead agency on behalf of the County of Lebanon
Transit (LT) and the York Adams Transportation Authority (YATA) will receive sealed bids from
qualified vendors to supply Diesel Fuel and Gasoline at SCTA’s Reading Operation office located at 1700
N. Eleventh Street, Reading, PA 19604 until 4:00 PM, prevailing time, on Wednesday, February 18, 2015.
At the designated time in this notice, the bids received will be publicly opened and read.
Sealed bids for the base bid will be received for the supply and delivery of Biodiesel B-2 blend of ultra-
low sulfur diesel fuel to meet One Hundred Percent (100%) of the monthly Diesel Fuel requirement and
for the supply and delivery of 87 Octane Unleaded Gasoline. A separate award will be made for the
supply and delivery of the diesel fuel and for the supply and delivery of the gasoline.
SCTA expects to order between 315,000 – 345,000 gallons of diesel fuel during the period from April 1,
2015 through March 31, 2016 for the Lancaster Operation. SCTA expects to order between 307,500 –
382,500 gallons of diesel fuel during the period from July 1, 2015 through March 31, 2016 for the Reading
Operation. SCTA expects to order between 56,000 – 73,500 gallons of gasoline during the period from
July 1, 2015 through March 31, 2016 for the Reading Operation. LT expects to order approximately
67,500 gallons of diesel fuel during the period from July 1, 2015 through March 31, 2016 and
approximately 30,000 gallons of unleaded gasoline during the period from July 1, 2015 through March 31,
2016. YATA expects to order between 218,000 – 248,000 gallons of diesel fuel during the period from
July 1, 2015 through March 31, 2016 for the York Operation. YATA expects to order between 30,000 –
33,000 gallons of diesel fuel during the period from July 1, 2015 through March 31, 2016 for the
Gettysburg Operation. YATA expects to order between 97,500 – 120,000 gallons of gasoline during the
period from July 1, 2015 through March 31, 2016 for the York Operation.
Sealed bids for an option year bid will be received for the supply and delivery of Biodiesel B-2 blend of
ultra-low sulfur diesel fuel to meet One Hundred Percent (100%) of each Authority’s monthly Diesel Fuel
requirement and for the supply and delivery of 87 Octane Gasoline for the period between April 1, 2016
and March 31, 2017.
All bids and contracts are subject to all applicable state and federal laws and to a financial assistance
contract with the U.S. Department of Transportation Federal Transit Administration and the Pennsylvania
Department of Transportation.
Contractors will be required to comply with all applicable Non-Discrimination, Non-Collusion, Lobbying,
Debarment and Contractor Integrity laws and regulations.
SCTA solicits and encourages disadvantaged business enterprise participation. DBE's shall be afforded
full consideration of their response and will not be subject to discrimination.
SCTA, LT and YATA each reserve the right to accept any bids, reject any or all bids in whole or in part,
or to waive any and all informalities in the bids as it deems in its best interest, collectively as a group or at
the individual Authority level.
To receive a copy of the specifications, or for more information, contact Jeffrey H. Glisson, Director of
Capital Projects/Planning, at (717) 358-1928 or at jglisson@redrosetransit.com.
David W. Kilmer
Executive Director
South Central Transit Authority
iPURCHASE OF DIESEL FUEL AND GASOLINE (SCTA Project #01-15)
I. BACKGROUND
On November 12, 2014 and on November 13, 2014, the Lancaster County Board of Commissioners
and the Berks County Board of Commissioners, respectively, approved organizing the South
Central Transit Authority (SCTA) under the Municipalities Authorities Act of 2001. SCTA is
being formed as a result of the consolidation of the management and administrative functions of the
Red Rose Transit Authority (RRTA) in Lancaster County and the Berks Area Regional
Transportation Authority (BARTA) in Berks County. The RRTA and BARTA operating facilities
at 45 Erick Road, Lancaster, PA and 1700 North 11th Street, Reading, PA, respectively, will remain
in existence as the base of operations for the service provided in Lancaster and Berks Counties. In
summary, SCTA will provide all executive, management, administrative and support services in
support of the BARTA and RRTA operations. It is under this responsibility and authority that
SCTA issues this Invitation to Bid for the purchase of Diesel Fuel and Gasoline and will award the
contract for the supply of diesel fuel and for the supply of gasoline for the Lancaster Operation
(RRTA) and the Reading Operation (BARTA).
In addition, SCTA is acting as the lead agency on behalf of the County of Lebanon Transit (LT)
and the York Adams Transportation Authority (YATA) to solicit bids for a contract to supply diesel
fuel and unleaded gasoline to support its operations. As the lead agency, references to SCTA will
include LT and the York Adams Transportation Authority (YATA).
II. INSTRUCTIONS TO BIDDERS
A. One (1) copy of the bid shall be received no later than 4:00 PM, prevailing time, Wednesday,
February 18, 2015, and should be addressed to:
Mr. David W. Kilmer
Executive Director
South Central Transit Authority
1700 N. Eleventh Street
Reading, PA 19604
PLEASE NOTE: Bids will be received and publicly opened at SCTA’s Reading Operation
offices (BARTA) located at 1700 N. Eleventh Street, Reading, PA.
B. The bid shall be in a sealed envelope clearly marked "BID FOR DIESEL FUEL/GASOLINE".
Bids will not be accepted electronically or through faxes.
C. The bid shall include a list of clients for which similar services have been provided within the
last three (3) years.
D. The Bid Form, Section V, shall be included with the bid. The Bid Form includes space for the
bidder to note the Total Price Per Gallon bid for diesel fuel, the price per gallon for the
asphaltene additive, the Total Price Per Gallon bid for gasoline, a description of the terms of
payment, an identification of the additive product to be used to prevent the creation of
asphaltene and a signature line as more fully described in Section I.G. below.
E. No Bid Bond is required.
F. The bidder shall review Attachment A, “FTA and Commonwealth of Pennsylvania Third Party
Contract Provisions,” and submit the below listed certificates as signed by the bidder. Please
1 DieselFuel
1/2015note SCTA is referenced in Attachment A. The reference to SCTA includes LT and YATA.
1. Non-Collusion Statement – Certificate 1
2. Commonwealth Non-Discrimination/Sexual Harassment Clause – Certificate 2
3. Lobbying Certificate – Certificate 3
4. Disadvantaged Business Enterprise Certificate – Certificate 4-1
5. Affidavit of Disadvantaged Business Enterprise - Certificate 4-2 (if applicable)
6. Certification of Participants Regarding Debarment, Suspension, and Other Ineligibility and
Voluntary Exclusion – Certificate 5
7. Contractor Integrity – Certificate 6
G. The bid shall be signed by an official authorized to bind the firm to the offer, and it shall
contain a statement to the effect that the bid is firm for a period of at least twenty-four (24)
hours from the closing date and time for the submission of bids.
H. All bids and contracts are subject to all applicable state and federal laws and to a financial
assistance contract with SCTA, RRTA, BARTA, LT, YATA and the U.S. Department of
Transportation Federal Transit Administration and the Pennsylvania Department of
Transportation.
I. In summary, the documents to be supplied with the bid include:
1. Bid Form completed and signed
2. Certificates as described in II.F. above
3. List of Clients for which similar services have been provided
4. Diesel Fuel Test Report
5. Asphaltene Product Documentation
J. The projected schedule for this procurement is as follows:
Advertising Date for Invitation to Bid January 20, 2015
Deadline for Receipt of Questions/ Clarifications February 11, 2015
Last Addendum issued (if needed) February 13, 2015
Deadline for Receipt of Bids February 18, 2015,
4:00 pm prevailing time
Anticipated Authorization to Award Contract February 18, 2015
Anticipated Start of Contract—Lancaster Operation April 1, 2015
Anticipated Start of Contract—Reading Operation July 1, 2015
Anticipated Start of Contract—LT July 1, 2015
Anticipated Start of Contract—YATA July 1, 2015
III. GENERAL CONDITIONS
A. CONTRACT DOCUMENTS: The Agreement, this Invitation to Bid (ITB), any Addenda
issued and the Vendor's Bid with all notes or changes made thereon before the signing of the
Agreement are the documents forming the Contract.
B. COMPLIANCE WITH SPECIFICATIONS: In all cases, items bid must be as specified.
Changes to the specifications shall be made by written addenda only. SCTA is not responsible
for the misinterpretation of the specifications by the bidder.
2 DieselFuel
1/2015C. AWARD OF CONTRACT: SCTA, LT and YATA intend to award individual contracts for the
purchase of diesel fuel and unleaded gasoline to the vendor submitting the responsive and
responsible proposal with the lowest Total per Gallon Price bid, including any surcharges or
discounts and whose bid conforms to the specification documents. The contract award will be
for a fixed per gallon price for the term of the contract. The contract award will not include a
firm commitment to a specific number of gallons of diesel fuel or unleaded gasoline. SCTA, LT
and YATA reserve the right to adjust its purchase quantity based on actual usage according to
the unit prices submitted by the successful bidder. Each Authority will be invoiced according to
their contract and will be responsible for payment of their deliveries. Contracts WILL NOT be
contingent upon all three Authorities agreeing to the award.
While a separate award will be made for the supply of diesel fuel and gasoline, it is possible that
based on the Total per Gallon Price Bid that one supplier could be awarded both contracts.
At the time a recommendation is made to award a contract for the Base Bid for the supply of
diesel fuel, a decision will be made to award the option for the asphaltene prevention additive.
At the time a recommendation is made to award a contract for the Base Bid for the supply of
diesel fuel and unleaded gasoline, a decision will be made to recommend or not recommend the
award of the option year for the supply of diesel fuel and unleaded gasoline.
SCTA, LT and YATA all intend to award contracts on February 18, 2015.
SCTA: The SCTA staff plans to present the results of the bid opening to the SCTA Board of
Directors at its public meeting scheduled for Wednesday, February 18, 2015 at 6:00 PM. At that
time, a request will be made for the Authority to award a contract for diesel fuel and gasoline or
to reject the bids. The SCTA staff plans to issue a written notice of the award of the Contract, if
any award is made, by 10:00AM on the morning following the SCTA Board meeting. SCTA
will notify the successful bidder following the Board meeting on February 18, 2015 if requested
and if the appropriate contact information is supplied. SCTA expects a contract will be executed
by both parties within seven (7) working days after the notice of award is issued.
YATA: The YATA staff plans to present a Resolution for Pre-Award authority to the YATA
Board of Directors at its public meeting scheduled for Thursday, February 5, 2015 at 7:00 PM.
With that Resolution, the Executive Director shall be approved and authorized to award a
contract meeting all Federal and State purchasing requirements for diesel fuel and gasoline or to
reject the bids. YATA will notify the successful bidder by 6:00PM on February 18, 2015 if
requested and if the appropriate contact information is supplied. The YATA staff plans to issue
a written notice of the award of the Contract, if any award is made, by 10:00AM on February 19,
2015, the morning following the Bid Opening. YATA expects a contract will be executed by
both parties within seven (7) working days after the notice of award is issued.
LT: The Executive Director is expected to be authorized by its Board to approve and authorize
the award of a contract meeting all Federal and State purchasing requirements for diesel fuel and
gasoline or to reject the bids. The award will be ratified by the LT Board at its February 25,
2015 meeting at 12:30PM. LT will notify the successful bidder by 6:00PM on February 18,
2015 if requested and if the appropriate contact information is supplied. The LT staff plans to
issue a written notice of the award of the Contract, if any award is made, by 10:00AM on
February 19, 2015, the morning following the Bid Opening. LT expects a contract will be
executed by both parties within seven (7) working days after the notice of award is issued.
SCTA, LT and YATA each reserve the right to accept any bids, reject any or all bids in whole or
3 DieselFuel
1/2015in part, or to waive any and all informalities in the bids as it deems in its best interest,
collectively as a group or at the individual Authority level.
D. EXECUTION OF CONTRACT AGREEMENT: The vendor, whose bid is accepted, shall be
required, within five working (5) days after receipt of a notice of award of the Contract, to
deliver to SCTA, LT or YATA the Contract Agreement in the form provided, duly executed
and its execution duly proved. A Sample of the Agreement to be executed by the Contractor
and SCTA, LT or YATA is included in this bid package for the vendor’s review in preparing its
bid.
E. TERM OF PAYMENT: Each Authority will be invoiced according to their contract and will
be responsible for payment of their deliveries. The invoice submitted is expected to include the
date of delivery, total payment due based on the quantity of diesel fuel or gasoline delivered
and the per gallon price bid. The cost for the additive in diesel fuel to prevent the creation of
asphaltene shall be listed separately on the invoice submitted by the supplier.
SCTA: Payment will be made net thirty (30) days after delivery of the diesel fuel or gasoline to
the Lancaster Operation or the Reading Operation and the receipt of the invoice or as otherwise
agreed. Invoices may be mailed to 45 Erick Road, Lancaster, PA 17601 or faxed to
717.397.2317. Emailed invoices will not be accepted. Payment will be made by check by
mail. The electronic transfer of funds will not be considered for payment.
YATA: Payment will be made net thirty (30) days after delivery of the diesel fuel or gasoline
to the York Operation or the Gettysburg Operation and the receipt of the invoice or as
otherwise agreed. Invoices may be mailed to 1230 Roosevelt Avenue, York, PA 17404 or
faxed to 717.848.4853. Emailed invoices will not be accepted. Payment will be made by check
by mail. The electronic transfer of funds will not be considered for payment.
LT: Payment will be made net thirty (30) days after delivery of the diesel fuel or gasoline to LT
and the receipt of the invoice or as otherwise agreed. Invoices may be mailed to 200 Willow
Street, Lebanon, PA 17046 or faxed to 717.274.8860. Emailed invoices will not be accepted.
Payment will be made by check by mail. The electronic transfer of funds will not be considered
for payment.
F. CONDITIONAL BIDS: Conditional bids, or those which take exception to the technical
specifications or the general conditions, may be considered non-responsive and be rejected.
G. BID FORMS: Bids must be submitted on the form provided (see Section V).
H. BID PRICE: The bid price shall include all items specified and needed to supply and deliver
the diesel fuel and gasoline. The bid price shall include the Federal LUST Tax and the Federal
Spill Fee, which the Authorities understand we are required to pay.
The Authority is exempt from payment of the Federal Excise Tax, Transportation Tax and
Pennsylvania Sales tax on material, equipment or other personal property purchases and
contracts for its exclusive use or consumption. Therefore, the bidder shall not include these
taxes in the computation of its bid price(s). Exemption certificates will be furnished, as
required, upon the request of the successful vendor. The vendor determines whether the diesel
fuel supplied is clear or red dyed based on the approach it decides to use to meet the
Authority’s tax exempt status.
I. LATE BIDS: No late bids will be accepted or considered. SCTA will not be responsible for
4 DieselFuel
1/2015late postal delivery service nor will postmark dates be considered in honoring proposals. Late
proposals will be returned unopened and unread.
J. QUESTIONS AND REQUESTS: Any questions concerning the IFB may be directed to:
Jeffrey H. Glisson, Director of Capital Projects/Planning
South Central Transit Authority
45 Erick Road
Lancaster, PA 17601
O - (717)358-1928
F - (717)397-2317
Email: jglisson@redrosetransit.com
K. ADDENDA: Any interpretations of this IFB and any supplemental instructions will be in the
form of a written Addendum, which will be forwarded to all prospective firms on record no
later than five (5) days prior to the date fixed for the opening of bids. No interpretation of the
meaning of the specifications or other contract documents will be made to the bidders orally.
Every request for such interpretation or approved equal shall be in writing and addressed to
SCTA, Director of Capital Projects/Planning. The contact information is provided in Paragraph
J above. Such requests, to be given consideration, must be received at least seven (7) days prior
to the bid opening date. All addenda shall become part of the contract documents and must be
included in the bid price.
L. ADDITIONAL CLAIMS: Successful Contractors shall make no claims and SCTA shall not be
liable for additional payment or any other concession because of the bidder’s misinterpretation
or misunderstanding of the Contract, or failure to fully acquaint itself with any conditions
relating thereto.
M. BID PREPARATION COSTS AND CANCELLATION: SCTA reserves the right to cancel the
award of the contract before execution if SCTA deems such cancellation to be in its best
interest. In no event will SCTA have any liability for cancellation of such award. The bidder
assumes sole risk and responsibility for expenses prior to execution of a contract.
N. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REQUIREMENTS:
1. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs. The national goal for participation of Disadvantaged
Business Enterprises (DBE) is 10%. SCTA’s Lancaster and Reading operations, LT and
YATA each have an overall goal for DBE participation. A separate DBE contract goal has
not been established for this procurement.
The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the
contractor to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy as SCTA deems appropriate.
Each subcontract the contractor signs with a subcontractor must include the assurance in
this paragraph (see 49 CFR 26.13(b)).
The contractor will be required to report its DBE participation obtained through race-neutral
means throughout the period of performance.
5 DieselFuel
1/2015The contractor must promptly notify SCTA, whenever a DBE subcontractor performing
work related to this contract is terminated or fails to complete its work, and must make good
faith efforts to engage another DBE subcontractor to perform at least the same amount of
work. The contractor may not terminate any DBE subcontractor and perform that work
through its own forces or those of an affiliate without prior written consent of SCTA.
In accordance with the regulations of the U.S. Department of Transportation (DOT) 49 CFR
Part 26, DBE’s, as defined in Part 26, have an equal opportunity to receive and participate
in contracting and procurement activities of SCTA, including all DOT-assisted contracts.
Attachment A, Paragraph #8, provides additional information and instructions on DBE
participation. SCTA solicits and encourages disadvantaged business enterprise
participation. DBE’s shall be afforded full consideration of their response and will not be
subject to discrimination.
2. Prompt Payment: The prime contractor agrees to pay each subcontractor, if applicable,
under this prime contract for the satisfactory performance of its contract no later than thirty
(30) days from the receipt of each payment the prime contractor receives from SCTA. Any
delay or postponement of payment from the above referenced time frame may occur only
for good cause following written approval of the SCTA. This clause applies to both DBE
and non-DBE subcontracts.
3. Retainage: The prime contractor agrees to return retainage payments to each subcontractor
within thirty (30) days after the subcontractor’s work is satisfactorily completed. Any delay
or postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the SCTA. This clause applies to both DBE and non-
DBE subcontracts.
4. Monitoring and Enforcement: The prime contractor shall notify SCTA in writing of any
delay or postponement of payment beyond thirty (30) days and such written notification
shall set forth, with appropriate documentation, the full details of the reasons upon which
the prime contractor is basing its actions. SCTA shall not be obligated to make a progress
payment or final payment to a prime contractor who has failed to make payments promptly
to its subcontractors, and for which SCTA has made payment, without good cause. The
remedies SCTA has available to enforce the DBE requirements contained in its contracts
include, but are not limited to, the following:
a. Breach of contract action pursuant to the terms of the contract. The intent of proceeding
will be to initiate corrective action on the part of the contractor. If the corrective action is
not implemented, the contractor will be terminated in accordance with the terms of the
contract.
b. Inform the Pennsylvania Department of Transportation of any false, fraudulent, or
dishonest conduct regard the DBE Program. Beyond the power of SCTA within the
contract terms, the Federal government has available the following mechanisms that
apply to firms participating in the DBE program:
(1) Suspension or debarment proceedings pursuant to 49 CFR Part 26.
(2) Enforcement action pursuant to 49 CFR Part 31.
O. INSURANCE: The Contractor and its subcontractors shall provide Workers’ Compensation
Insurance, General Liability Insurance and Automobile/Truck Liability Insurance that complies
with the requirements and statutes of the Commonwealth of Pennsylvania. The insurance
provided by the carrier shall adequately and appropriately protect SCTA, LT and YATA during
6 DieselFuel
1/2015the transport, delivery and dispensing of diesel fuel. The successful Contractor shall provide
SCTA, LT and YATA with an insurance certificate documenting that is carrying the applicable
and appropriate levels of insurance.
P. PERFORMANCE BOND: No Performance Bond is required.
Q. PROTEST PROCEDURES: The “Protest and Appeal Procedures”, as described in Attachment
A, “FTA and Commonwealth of Pennsylvania Third Party Contract Provisions”, are in
compliance with FTA Circular 4220.1F.
7 DieselFuel
1/2015IV. TECHNICAL SPECIFICATIONS
A. Background on Diesel Fuel Required for Transit Operations
Currently, the SCTA Lancaster Operation through RRTA orders all of its monthly diesel fuel
requirement through a fixed price contract that ends on March 31, 2015. RRTA’s current
contract is with PAPCO, Inc., Aston, PA at a per gallon cost of $3.08.
The SCTA Reading Operation through BARTA, LT and YATA currently order all of its
monthly diesel fuel requirement through a fixed price contract that ends on June 30, 2015.
The current contract is with Petroleum Traders Corporation, Fort Wayne, IN at a per gallon
cost of $3.0783.
The Reading Operation through BARTA, LT and YATA currently order all of its unleaded
gasoline requirement through a fixed price contract that ends on June 30, 2015. The current
contract is with Petroleum Traders Corporation, Fort Wayne, IN at a per gallon cost of
$2.7703.
Based on an assessment of market conditions, it was decided it would be in the best interest of
the Authorities to initiate the bid process for a new annual contract at this time.
B. Description of Diesel Fuel Base Bid – Agreement to Purchase One Hundred Percent
(100%) of Monthly Diesel Fuel Requirement
1. Lancaster Operation. SCTA is requesting a fixed price bid for a 12 month contract to
deliver a Biodiesel B-2 blend of ultra low sulfur diesel fuel to meet One Hundred
Percent (100%) of the Lancaster Operation’s monthly requirement for diesel fuel for
the period from April 1, 2015 through March 31, 2016.
2. Reading Operation. SCTA is requesting a fixed price bid for a 9 month contract to
deliver a Biodiesel B-2 blend of ultra low sulfur diesel fuel to meet One Hundred
Percent (100%) of the Reading Operation’s monthly requirement for diesel fuel for the
period from July 1, 2015 through March 31, 2016.
3. Lebanon Transit. LT is requesting a fixed price bid for a 9 month contract to deliver a
Biodiesel B-2 blend of ultra low sulfur diesel fuel to meet One Hundred Percent
(100%) of the monthly requirement for diesel fuel for the period from July 1, 2015
through March 31, 2016.
4. York Adams Transportation Authority. YATA is requesting a fixed price bid for a 9
month contract to deliver a Biodiesel B-2 blend of ultra-low sulfur diesel fuel to meet
One Hundred Percent (100%) of the monthly requirement for diesel fuel for the period
from July 1, 2015 through March 31, 2016.
5. Overall Requirements. SCTA requires the diesel fuel to be supplied for its bus
operations during the contract year to meet the applicable guidelines and standards
established by the federal government and the Commonwealth of Pennsylvania. Such
guidelines and standards shall be considered in the per gallon cost bid. The basis for
the award of a contract for diesel fuel, if awarded by SCTA, will be the lowest per
gallon cost bid with consideration of any discounts offered or surcharges included.
The terms of payment shall also be explained on the Bid Form.
8 DieselFuel
1/2015C. Description of Diesel Fuel Base Bid -- Quantity (Bus Operations)
1. Lancaster Operation. SCTA expects to order between 315,000 – 345,000 gallons of
diesel fuel in the stated 12 month period for its Lancaster bus operation based on
current and projected usage. SCTA will not guarantee the purchase of 315,000 –
345,000 gallons or include a firm commitment to purchase a specific amount of
gallons of diesel fuel. No more than 30,000 gallons of diesel fuel is expected to be
ordered and delivered in any given month during this period. The Director of
Maintenance for the Lancaster Operation or his designee will email the successful
supplier to arrange for the delivery of diesel fuel. Deliveries will generally occur each
week. SCTA is not responsible for circumstances beyond its control that would
reduce the assumed quantity. No significant service reductions are planned at this
time during the period through March 31, 2016 that would cause a reduction in the
quantity of diesel fuel ordered.
2. Reading Operation. SCTA expects to order between 315,000 – 375,000 gallons of
diesel fuel in the stated 9 month period for its Reading bus operation based on current
and projected usage. SCTA will not guarantee the purchase of 315,000 – 375,000
gallons or include a firm commitment to purchase a specific amount of gallons of
diesel fuel. No more than 37,500 gallons of diesel fuel is expected to be ordered and
delivered in any given month during this period. The Director of Maintenance for the
Reading Operation or his designee will email the supplier to arrange for the delivery
of diesel fuel; the supplier is requested to provide email confirmation of the receipt of
the order and delivery of the diesel fuel the following day. Deliveries will generally
occur each week. SCTA is not responsible for circumstances beyond its control that
would reduce the assumed quantity. No significant service reductions are planned at
this time during the period through March 31, 2016 that would cause a reduction in
the quantity of diesel fuel ordered.
3. Lebanon Transit. LT expects to order approximately 67,500 gallons of diesel fuel in
the stated 9 month period for its bus operation based on current and projected usage.
LT will not guarantee the purchase of 67,500 gallons or include a firm commitment to
purchase a specific amount of gallons of diesel fuel. The Manager of Operations for
LT or his designee will call the successful supplier to arrange for the delivery of diesel
fuel. LT is not responsible for circumstances beyond its control that would reduce the
assumed quantity. No significant service reductions are planned at this time during
the period through March 31, 2016 that would cause a reduction in the quantity of
diesel fuel ordered.
4. York Adams Transportation Authority – York Operation. YATA expects to order
between 218,000 – 248,000 gallons of diesel fuel in the stated 9 month period for its
York Operation based on current and projected usage. YATA will not guarantee the
purchase of 218,000 – 248,000 gallons or include a firm commitment to purchase a
specific amount of gallons of diesel fuel. No more than 27,000 gallons of diesel fuel
is expected to be ordered and delivered in any given month during this period. The
Maintenance Manager of the York Operation or his designee will contact the supplier
to arrange for the delivery of diesel fuel; the supplier is requested to provide email
confirmation of the receipt of the order and delivery of the diesel fuel the following
day. Deliveries will generally occur each week. YATA is not responsible for
circumstances beyond its control that would reduce the assumed quantity. No
significant service reductions are planned at this time during the period through March
31, 2016 that would cause a reduction in the quantity of diesel fuel ordered.
5. York Adams Transportation Authority – Gettysburg Operation. YATA expects to
9 DieselFuel
1/2015order between 30,000 – 33,000 gallons of diesel fuel in the stated 9 month period for
its Gettysburg Operation based on current and projected usage. YATA will not
guarantee the purchase of 30,000 – 33,000 gallons or include a firm commitment to
purchase a specific amount of gallons of diesel fuel. No more than 3,800 gallons of
diesel fuel is expected to be ordered and delivered in any given month during this
period. The Maintenance Manager of the York Operation or his designee will contact
the supplier to arrange for the delivery of diesel fuel; the supplier is requested to
provide email confirmation of the receipt of the order and delivery of the diesel fuel
the following day. Deliveries will generally occur each week and the current
arrangement with the supplier has them topping-off the tank weekly. YATA is not
responsible for circumstances beyond its control that would reduce the assumed
quantity. No significant service reductions are planned at this time during the period
through March 31, 2016 that would cause a reduction in the quantity of diesel fuel
ordered.
D. Description of Diesel Fuel Base Bid -- Quality and Additives
SCTA uses the diesel fuel for its bus operation. The diesel fuel provided under this bid shall
meet Federal Specifications VV-F-800 and ASTM Designation D-975-93. An average cetane
rating of 45 is expected by SCTA. SCTA expects a lubricity additive will be included with
the ultra low sulfur diesel fuel supplied. Delivery of sub-standard product will constitute
grounds for SCTA to cancel the contract with the successful bidder. No additives are required
for winter weather operations. SCTA requests each bidder to supply a test report for the fuel
to be supplied under its bid with the bid.
E. Asphaltene Additive -- Option
As an option, each bidder is requested to provide a per gallon price for supplying year-round
an additive be included with each load of diesel fuel delivered that will prevent the creation of
asphaltene. The additive shall clean and prevent injector deposit; prevent the formation of
black soot and sludge; prevent premature filter plugging; provide thermal and oxidative
stability; improve and maintain fuel economy and horsepower; reduce harmful exhaust
emissions; contain moisture control chemistry; and prevent corrosion. This additive shall be
added by the supplier when the diesel fuel is picked up for delivery at the depot. The additive
the bidder proposes to use shall be identified on the Bid Form; the supporting product
description shall be provided with the bid. The cost for this additive will be listed as a
separate option per gallon price on the Bid Form. If this option is selected at the time of
award, the cost for the additive shall also be listed separately on the invoice submitted by the
supplier.
F. Description of Diesel Fuel Base Bid -- Testing
During the twelve month period of this contract, SCTA plans to test one random load of diesel
fuel delivered every six (6) months to confirm that the diesel fuel being supplied meets the
standards and specifications. The successful bidder shall supply the two (2) test kits required
to conduct this random test within thirty (30) days after the award of this contract. SCTA will
pay for the tests.
G. Gasoline Fuel Base Bid and Quantity
1. Lancaster Operation. The Lancaster Operation uses no gasoline.
2. Reading Operation. SCTA is requesting a fixed price bid for a 9 month contract to
deliver 87 Octane Unleaded Gasoline to meet One Hundred Percent (100%) of the
10 DieselFuel
1/2015Reading Operation’s monthly requirement for gasoline for the period from July 1,
2015 through March 31, 2016.
SCTA expects to order between 105,000 – 135,000 gallons of gasoline in the stated 9
month period for its Reading Operation transit operation based on current and
projected usage. SCTA will not guarantee the purchase of 105,000 – 135,000 gallons
or include a firm commitment to purchase a specific amount of gallons of gasoline.
No more than 15,000 gallons of unleaded gasoline is expected to be ordered and
delivered in any given month during this period. The Director of Maintenance for the
Reading Operation or his designee will email the supplier to arrange for the delivery
of gasoline; the supplier is requested to provide email confirmation of the receipt of
the order and delivery of the gasoline the following day.
3. Lebanon Transit. LTA is requesting a fixed price bid for a 9 month contract to deliver
87 Octane Unleaded Gasoline to meet One Hundred Percent (100%) of the
requirement for gasoline for the period from July 1, 2015 through March 31, 2016.
LT expects to order approximately 30,000 gallons of gasoline in the stated 9 month
period for its operation based on current and projected usage. SCTA will not
guarantee the purchase of 30,000 gallons or include a firm commitment to purchase a
specific amount of gallons of gasoline. The Manager of Operations for LT or his
designee will call the successful supplier to arrange for the delivery of unleaded
gasoline.
4. York Adams Transportation Authority – York Operation. YATA is requesting a fixed
price bid for a 9 month contract to deliver 87 Octane Unleaded Gasoline to meet One
Hundred Percent (100%) of the York Operation’s monthly requirement for gasoline
for the period from July 1, 2015 through March 31, 2016.
YATA expects to order between 97,500 – 120,000 gallons of gasoline in the stated 9
month period for its York operation based on current and projected usage. YATA will
not guarantee the purchase of 97,500 – 120,000 gallons or include a firm commitment
to purchase a specific amount of gallons of gasoline. No more than 13,000 gallons of
gasoline is expected to be ordered and delivered in any given month during this
period. The Maintenance Manager for the York Operation or his designee will contact
the supplier to arrange for the delivery of gasoline; the supplier is requested to provide
email confirmation of the receipt of the order and delivery of the gasoline the
following day.
5. York Adams Transportation Authority – Gettysburg Operation. The Gettysburg
Operation uses no gasoline.
H. Delivery Schedule and Location
1. Lancaster Operation. SCTA generally receives four (4) 7,500 gallon loads of diesel
fuel each month for its Lancaster bus operations. Variations may occur in this
schedule due to holidays. The successful bidder is expected to plan for the delivery of
the fuel between 7:00AM and 4:30PM on a weekday to 45 Erick Road in Lancaster,
PA.
2. Reading Operation. SCTA generally receives a diesel fuel delivery approximately
every five (5) days for its Reading transit operations and a gasoline delivery
approximately every fifteen (15) days. Variations may occur in this schedule due to
11 DieselFuel
1/2015holidays. The successful bidder is expected to plan for the deliveries between 8:00AM
and 3:00PM on a weekday to 1700 North 11th Street in Reading, PA.
3. Lebanon Transit. LT generally receives a diesel fuel delivery approximately every
four (4) weeks and a delivery of gasoline delivery approximately every four (4) to five
(5) weeks. The successful bidder is expected to plan for the deliveries between
7:00AM and 4:00PM on a weekday to 200 Willow Street, Lebanon, PA 17046.
4. YATA, York Operation. YATA generally receives a diesel fuel delivery every seven
to ten (7 – 10) days and a gasoline delivery every six to ten (6 – 10) days. The
successful bidder is expected to plan for the deliveries between 7:00AM and 5:00PM
on a weekday to the 1230 Roosevelt Avenue York, PA location.
5. YATA, Gettysburg Operation. YATA’s Gettysburg facility receives a diesel fuel
delivery once per week, where the supplier fills the tank. The successful bidder is
expected to plan for the deliveries between 7:00AM and 5:00PM on a weekday to the
above ground tank at 257 N. Fourth St., Gettysburg, PA 17325 and a regularly
occurring schedule to ‘top-off’ the tank is agreeable.
I. Delivery Requirements
1. Lancaster Operation. At the facility in Lancaster, there is one (1) 20,000 gallon above
ground storage tank to accept the delivery of diesel fuel. Contractor will be required
to connect to a 4" leakless OPW Coupling to dispense fuel. Contractor must also have
capability to pump fuel into the tank. It is not a gravity fed system. If the successful
vendor does not have its own transportation equipment, SCTA may request the vendor
to provide the name and qualifications of the proposed transport company based on
the location of the SCTA storage tank and the access to the storage tank.
2. Reading Operation. At the facility in Reading, there is one (1) 15,000 gallon
underground storage tank for diesel fuel and one (1) 12,000 gallon underground
storage tank for unleaded gasoline.
The Reading facility has a 2,000 gallon above ground storage tank for diesel fuel that
is used for emergency purposes. This tank is pumped down twice a year and the
delivery truck will need to have a pump to refill it. This is specified when placing the
order. There is also a 1,000 gallon above ground storage for unleaded gasoline that is
used for emergency purposes. This tank is pumped down twice a year and the
delivery truck will need to have a pump to refill it. This is specified when placing the
order.
3. Lebanon Transit. There is one (1) 10,000 gallon underground storage tank for diesel
fuel and one (1) 6,000 gallon underground storage tank for unleaded gasoline.
4. YATA York Operation. At the York facility, there is one (1) 12,000 gallon
underground storage tank for diesel fuel and one (1) 6,000 gallon underground storage
tank for unleaded gasoline.
5. YATA Gettysburg Operation. At the Gettysburg facility there is one (1) 2,000 gallon
above ground storage tank to accept the delivery of diesel fuel. Contractor must have
the capability to pump fuel into the tank. It is not a gravity fed system. If the
successful vendor does not have its own transportation equipment, YATA may request
the vendor to provide the name and qualifications of the proposed transport company
based on the location of the YATA storage tank and the access to the storage tank.
12 DieselFuel
1/2015J. Optional Bid – Diesel Fuel and Gasoline
SCTA is requesting a fixed price per gallon bid for the supply of a Biodiesel B-2 blend of ultra
low sulfur diesel fuel and 87 Octane unleaded gasoline that will meet 100% of the Authority’s
requirements for the period from April 1, 2016 through March 31, 2017. The projected
quantities for this period are as follows:
1. Lancaster Operation -- 315,000 – 345,000 gallons of diesel fuel
2. Reading Operation -- 427,500 – 502,500 gallons of diesel fuel
3. Reading Operation -- 150,000 – 195,000 gallons of unleaded gasoline
4. Lebanon Transit – 89,000 gallons of diesel fuel (estimated)
5. Lebanon Transit –40,000 gallons of unleaded gasoline (estimated)
6. YATA, York Operation -- 290,000 – 330,000 gallons of diesel fuel
7. YATA, York Operations -- 130,000 – 160,000 gallons of gasoline
8. YATA, Gettysburg Operation -- 40,000 – 44,000 gallons of diesel fuel
The purchase of the quantities listed above is not guaranteed and there is no firm commitment
to purchase a specific amount of gallons of diesel fuel.
The diesel fuel and unleaded gasoline supplied shall be in accordance with the specifications
as described in Section IV above.
13 DieselFuel
1/2015V. BID FORM
The undersigned hereby agrees to furnish the product based on the approximated annual estimates listed
below in accordance with the specifications, which have been carefully examined. The approximated
annual estimates should not be interpreted as the contractual amounts of this bid. Actual purchases may be
more or less than amounts estimated and are expected to be delivered during the defined contract period at
the bid pricing stated below.
Description of Product
A. DIESEL FUEL BID - Delivery to Lancaster Operation
AGREEMENT FOR 100% OF between 4/1/15 - 3/31/16
DIESEL FUEL REQUIREMENT for 315,000 – 345,000 gallons
Biodiesel B-2 Blend of Delivery to Reading Operation
Ultra Low Sulfur Diesel Fuel between 7/1/15 – 3/31/16
for 315,000 to 375,000
Delivery to Lebanon Transit
between 7/1/15 – 3/31/16
for 67,500 (estimated)
Delivery to York Operation
between 7/1/15 – 3/31/16
for 218,000 to 248,000
Delivery to Gettysburg Operation
between 7/1/15 – 3/31/16
for 30,000 to 33,000
TOTAL PER GALLON PRICE BID $___________ per gallon
(DIESEL FUEL)(BASE BID)
OPTION:
Asphaltene Prevention Additive $___________ per gallon
(Reference: Bid Section IV.D.)
___________________________
TOTAL PER GALLON PRICE FOR $___________ per gallon
DIESEL FUEL WITH OPTION ADDITIVE
B. GASOLINE BID - Delivery to Reading Operation
AGREEMENT FOR 100% OF between 7/1/15 – 3/31/16
GASOLINE REQUIREMENT for 105,000 to 135,000 gallons
Delivery to Lebanon Transit
Between 7/1/15 – 3/31/16
for 30,000 gallons (estimated)
14 DieselFuel
1/2015Delivery to York Operation
between 7/1/15 – 3/31/16
for 97,500 to 120,000
TOTAL PER GALLON PRICE BID $___________ per gallon
(GASOLINE)(BASE BID)
C. DESCRIBE TERMS OF PAYMENT (net, discounts, etc.)
_______________________________________________________________
D. IDENTIFY PROPOSED ADDITIVE TO PREVENT CREATION OF ASPHALTENE
_______________________________________________________________
E. OPTION BID:
DIESEL FUEL BID - Delivery Period 4/1/16 to 3/31/17
AGREEMENT FOR 100% OF
DIESEL FUEL REQUIREMENT
Biodiesel B-2 Blend of
Ultra Low Sulfur Diesel Fuel Lancaster Operation: 315,000 – 345,000 gallons
Reading Operation: 427,500 -- 502,500 gallons
Lebanon Transit: 89,000 gallons (estimated)
York Operation: 290,000 – 330,000 gallons
Gettysburg Operation: 40,000 – 44,000 gallons
TOTAL PER GALLON PRICE BID $___________ per gallon
(DIESEL FUEL)(OPTION BID)
OPTION:
Asphaltene Prevention Additive $___________ per gallon
(Reference: Bid Section IV.D.)
___________________________
TOTAL PER GALLON PRICE FOR $___________ per gallon
DIESEL FUEL WITH OPTION ADDITIVE
F. OPTION BID:
GASOLINE BID - Delivery to Reading Operation
AGREEMENT FOR 100% OF between 4/1/16 – 3/31/17
GASOLINE REQUIREMENT for 150,000 to 195,000 gallons
Delivery to Lebanon Transit
between 4/1/16 – 3/31/17
for 40,000 gallons (estimated)
15 DieselFuel
1/2015Delivery to York Operation
between 4/1/16 – 3/31/17
for 130,000 to 160,000 gallons
TOTAL PER GALLON PRICE BID $___________ per gallon
(GASOLINE)(OPTION BID)
The undersigned acknowledges receipt of the following Addenda to the Invitation to Bid:
Addendum No. _____ Dated _______
Addendum No. _____ Dated _______
Addendum No. _____ Dated _______
The pricing in this bid shall remain in effect for twenty-four (24) hours after bid opening at 4:00PM
on Wednesday, February 18, 2015.
Signature
Name (Please Print) Company Name
Title Address
16 DieselFuel
1/2015AGREEMENT (Sample)
THIS AGREEMENT, made and entered into this day of , 2015 by and
between the _____________________ Authority of the Commonwealth of Pennsylvania, Party of the First Part,
hereinafter termed the AUTHORITY, and of
the City of and State of , Party of the Second Part,
hereinafter termed CONTRACTOR.
WHEREAS, the CONTRACTOR has been awarded a contract by the AUTHORITY to provide
(blended 2% bio-diesel/98% ultra-low sulfur diesel with standard lubricity agent/additive or 87 Octane
Gasoline) in accordance with all the terms and conditions and specifications contained in the Invitation to Bid
documents, including any Addenda if issued, for SCTA Project #01-15, hereinafter referred to as BID
DOCUMENTS.
NOW, THEREFORE, in consideration of these premises and of the mutual promises and agreements
hereinafter set out, the parties do mutually agree as follows:
1) The AUTHORITY incorporates by reference to this AGREEMENT the BID DOCUMENTS,
including the FTA And Commonwealth of Pennsylvania Third Party Contract Provisions,
Attachment A.
2) The COMPANY incorporates by reference to this AGREEMENT all forms and other documents
submitted with its bid, hereinafter referred to as PROPOSAL.
3) The AUTHORITY agrees to pay the CONTRACTOR for the performance of the contract in
accordance with the BID DOCUMENTS and PROPOSAL, subject to additions and deductions as
provided therein, the price of ________________________ per gallon ($________/gallon) with
payment terms of __________________.
IN WITNESS WHEREOF, the parties of these presents have executed this Agreement in the year and
day first above written.
ATTEST: ______________________ AUTHORITY
(AUTHORITY)
____________________________________
Executive Director
(Corporate Seal)
ATTEST: CONTRACTOR
_____________________________ ____________________________________
Signature
Name (Please Print)
(Corporate Seal) Title
Company Name
12/13ATTACHMENT A
FTA and Commonwealth of Pennsylvania Third Party Contract Provisions
(Updated 12/2/13)
1. NO GOVERNMENT OBLIGATIONS TO THIRD PARTIES:
a. The Federal Government is not a party to this contract and shall not be subject to any obligations
or liabilities to the 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 the FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
2. PROGRAM FRAUD AND FRAUDULENT STATEMENTS: The Contractor and its subcontractors
acknowledge 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 contract. The Contractor and its subcontractors certify or affirm
the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be
made, pertaining to this 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 or its subcontractors to the extent the Federal
Government deems appropriate.
3. AUDIT AND INSPECTION OF BOOKS AND RECORDS
a. Audit and Inspection. The Contractor shall permit the authorized representatives of SCTA, U.S.
Department of Transportation, the Pennsylvania Department of Transportation and the
Comptroller General of the United States to inspect and audit all data and records of the
Contract or relating to its performance and its subcontracts under this Contract from the date of
the Contract and for three (3) years after completion or termination of the Contract.
b. Record Retention. The Contractor further agrees to include in all their subcontracts hereunder a
provision to the effect that the subcontractor agrees that SCTA, the U.S. Department of
Transportation, the Pennsylvania Department of Transportation and the Comptroller General of
the United States or any of their duly authorized representatives shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers, and records of each Subcontractor, involving
transactions related to the Subcontractor. The term "Subcontractor" as used in this clause
excludes: (1) Purchase Orders not exceeding $10,000; and (2) subcontracts or Purchase Orders
for public utility services at rates established for uniform applicability to the general public.
4. NOTICE OF FEDERAL REQUIREMENTS: The Contractor shall at all times comply with all
applicable FTA regulations, policies, procedures and directives, including without limitation those
listed herein, as they may be amended or promulgated from time to time during the term of this
contract, unless the Federal Government determines otherwise. The Contractor’s failure to so comply
shall constitute a material breach of this contract. Anything to the contrary herein notwithstanding, all
FTA mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or
A-2
SCTADieselFuel#01-15V9/2010refuse to comply with any SCTA requests which would cause SCTA to be in violation of the FTA
terms and conditions.
5. EQUAL EMPLOYMENT OPPORTUNITY: 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 and its
subcontractor agree to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor regulations, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq. and any implementing
requirements the FTA may issue. The Contractor and its subcontractors agree that it shall not
discriminate against any employee or applicant for employment because of race, color, creed, sex,
disability, age or national origin. The Contractor and its subcontractors shall take affirmative action to
insure that applicants are employed, and the employees are treated during employment, without regard
to their race, color, creed, sex, disability, age or national origin. Such action shall include but not be
limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, lay-off 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.
6. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: During the performance of this contract, the
Contractor and its subcontractors shall comply with all requirements prohibiting discrimination against
any employee or applicant for employment on the basis of race, color, creed, sex, age, disability or
national origin in accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. ¶
2000d; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. ¶¶ 1681-1683, 1685-
88, with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education
Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25; Section 303 of the
Age Discrimination Act of 1975, as amended, 42 U.S.C. ¶ 6102; 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;
Section 202 of the American With Disabilities Act of 1990, 42 U.S.C. ¶ 12132; Federal transit law at
49 U.S.C. ¶ 5332; and U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of
the Department of Transportation—
21, and any implementing requirements FTA may issue.
7. TERMINATION:
A. Termination For Convenience: SCTA may terminate this contract, in whole or in part, at any
time by written notice to the Contractor. The Contractor shall be paid its costs, including contract
close-out costs, and profit on work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to SCTA to be paid the Contractor. If the Contractor has
any property in its possession belonging to SCTA, the Contractor will account for the same, and
dispose of it in a manner SCTA directs.
B. Termination for Default: If the Contractor does not deliver supplies in accordance with the
contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the
manner called for in the contract, or if the Contractor fails to comply with any other provisions of
the contract, SCTA may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the Contractor setting forth the manner in which the
Contractor is in default. The Contractor will only be paid the contract price for supplies delivered
and accepted, or services performed in accordance with the manner of performance set forth in
the contract.
If it is later determined by SCTA that the Contractor had an excusable reason for not performing,
A-3
SCTADieselFuel#01-15V9/2010such as strike, fire, flood, acts of terrorism or events which are not the fault of or are beyond the
control of the Contractor, SCTA, after setting up a new delivery of performance schedule, may
allow the Contractor to continue work, or treat the termination as a termination for convenience.
SCTA in its sole discretion may, in the case of a termination for default, allow the Contractor a
reasonably short period of time in which to cure the defect. In such case, the notice of
termination will state the time period in which cure is permitted and other appropriate conditions.
8. DISADVANTAGED BUSINESS ENTERPRISES: The contractor shall not discriminate on the basis
of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as SCTA deems appropriate.
Each subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
SCTA solicits and encourages disadvantaged business enterprise participation. DBE’s shall be
afforded full consideration of their response and will not be subject to discrimination.
The Contractor shall submit Certificate 4-1, “Disadvantaged Business Enterprise Certification”, with
its bid or proposal and the information requested on Certificate 4-2 if the Contractor and/or a
subcontractor(s) is a Disadvantaged Business Enterprise.
9. FTA TERMS AND DEFINITIONS: The Contractor agrees that the definitions and terminology
included in FTA Circular C.4220.1F (February 15, 2011) and the FTA Master Agreement shall be
incorporated into the contract by reference.
10. DEBARRED AND SUSPENDED BIDDERS: The Contractor agrees to comply, and assures the
compliance of its subcontractors or a participant at any tier of the Project, with Executive Orders Nos.
12549 and 12689, “Debarment and Suspension,” 31 U.S.C. ¶ 6101 note, and U.S. DOT regulations,
“Nonprocurement Suspension and Debarment,” 2 CFR Part 1200, which adopts and supplements the
provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR Part 180. The Contractor
agrees to, and assures that its subcontractors for any lower tier participant will, review the “Excluded
Parties Listing system at http://epls.gov/ before entering into any contractual arrangement in
connection with this Project. For any contract and subcontract exceeding $25,000, the contractor and
subcontractor shall submit a debarment and suspension certificate or an explanation as to why the
signed certification cannot be provided. (See Certificate 5) The certification is a material
representation of fact upon which reliance was placed when the transaction was entered into. If it is
later determined that the contractor or subcontractors knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, SCTA may pursue available
remedies, including suspension and/or debarment. The contractor or subcontractors shall provide
immediate written notice to SCTA if at any time the contractor or subcontractors learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
11. RESOLUTION OF DISPUTES:
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