CITY OF MANHATTAN BEACH
INVITATION TO BID
ITB No. 1290-23
FORD POLICE INTERCEPTOR UTILITY PPV (7)
RELEASE DATE: December 8, 2022
Dru Leonard
Buyer
(310) 802-5569
DEADLINE FOR QUESTIONS: December 13, 2022
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/citymb
1. LEGAL NOTICE
1.1. Invitation to Bid
BID NUMBER: 1290-23
BID TITLE: Ford Police Interceptor Utility PPV (7)
REQUESTING DEPARTMENT: Purchasing Division
RELEASE DATE: Thursday, December 8, 2022
DUE DATE: Friday, December 23, 2022 at 3:00 pm PST
Notice is hereby given that bids will be received via the City's e-Procurement Portal, Procurenow (https://secure.procurenow.com/portal/citymb).
Bids will be evaluated for compliance with specifications and subsequent recommendation to the City Council for award of bid or rejection of the responses, as deemed appropriate. The City reserves the right to make no award.
Bids received after the deadline will not be accepted. Mailed, faxed or emailed Bids are not acceptable.
Please direct any inquiries regarding this ITB through the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, Tuesday, December 13, 2022 by 12:00 pm.
Dated: Thursday, December 8, 2022
Dru Leonard, Buyer
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
3 2. INTRODUCTION
2.1. Summary
The City of Manhattan Beach is accepting sealed bids for 1290-23, Ford Police Interceptor Utility PPV (7) to be received no later than Friday, December 23, 2022 at 3:00 pm.
2.2. Contact Information
The person below...
Dru Leonard
Buyer
Email: [email protected]
Phone: (310) 802-5569
Department:
Purchasing Division
2.3. Timeline
tentative dates
Release Project Date December 8, 2022
Question Submission Deadline December 13, 2022, 12:00pm Bid Submission Deadline/Opening December 23, 2022, 3:00pm Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
4 3. INSTRUCTIONS TO BIDDERS
3.1. Bid Submission
The City of Manhattan Beach (“City”) invites sealed bids on 1290-23 Ford Police Interceptor Utility PPV (7) described herein to be submitted via the City’s e-Procurement Portal, Procurenow. Bids will be received until 3:00 pm on Friday, December 23, 2022 PDT.
3.2. Questions
All questions related to this ITB shall be submitted in writing through the ProcureNow Question/Answer Tab via the City's e-Procurement portal, on or before, Tuesday, December 13, 2022 by 12:00 pm. Please include the section title for each question, if applicable, in order to ensure that questions asked are responded to correctly. All questions submitted and answers provided shall be electronically distributed to bidders following this solicitation on the City's e-Procurement Portal.
Bidders shall create a FREE account with ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to https://secure.procurenow.com/portal/citymb, click on "Submit Response", and follow the instructions to submit the electronic bid.
3.3. Addenda
The City may, from time to time, issue Addenda to the specifications. Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. All addenda so issued shall become part of the contract or purchase order. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.
3.4. No Pre-Bid Meeting or Site Visit needed
A pre-bid meeting/project site visit will not be held for this project.
3.5. Definitions
The following meanings are attached to the following defined words when used in these specifications and the contract: The word "City" means the City of Manhattan Beach, California. The word "Bidder", "Vendor", Supplier," or "Contractor" means the person, firm, or corporation submitting a bid on these specifications or any part thereof.
3.6. Bid Withdrawal
Bids may be withdrawn through the City's e-Procurement Portal, the responding firm may “unsubmit” their proposal in ProcureNow. A Bid may be withdrawn without prejudice with the responding firm being able to submit another proposal at any time up to the deadline for submitting proposals prior to the bid opening. Bids must remain valid and shall not be subject to withdrawal for 90days after the Bid opening date.
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
5 3.7. The Contract
The Bidder to whom the award is made will be required to enter into a written contract with the City.
The contract may be in the form of a purchase order. A copy of the Invitation to Bid, the vendor response, and the contract specifications may be attached to, and will form a part of the contract. All materials, supplies, equipment, and services supplied by the vendor shall conform to the applicable requirements of City, State, and Federal Laws covering Labor and Wages, as well as conforming to the specifications herein. In case of default by the vendor, the City reserves the right to procure the articles from other sources and to hold the vendor responsible for any excess costs incurred by the City.
3.8. Reservations
The City Council reserves the right to reject any and all bids received; to take all bids under advisement for up to 90 days after opening; to waive any informality on any bid; and to be the sole judges of the relative merits of the material mentioned in the respective bids received. The Council also reserves the right to reject any item(s), award more than one contract for each of the items, and reject bids that are not accompanied by the requested information.
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
6 4. SCOPE OF WORK
4.1. Bid Requirements
The City of Manhattan Beach is soliciting bids for seven (7) new/unused 2022 Ford Police Interceptor Utility Vehicles, as specified herein. NO SUBSTITUTIONS. Vehicle mileage shall not exceed 200 miles when delivered to the City.
Quantity: Seven (7) 2022 Ford Police Interceptor Utility Vehicles (PPVs) See Attachment A located in Section 7. Attachments for further details and upload this completed attachment to Section 6. Vendor Questionnaire question #8, Cost Proposal.
Bids shall specify each item as set forth in this Invitation to Bid (ITB). Failure to comply with all requirements and conditions set forth by these specifications and ITB instructions will be the cause for the rejection of the bid(s). No exceptions or deviations from these specifications will be considered unless each exception or deviation is specifically identified with a detailed statement fully defining the exception(s). All exception(s) must be fully supported by detailed specification regarding the deviated item and shall accompany the proposal for evaluation by the City. If no exceptions are identified, the bidder shall be required to furnish the service exactly as specified herein. The burden of proof of compliance with these specifications is the responsibility of the bidder. Acceptance or rejection of the changes is the sole prerogative of the City. The City reserves the right to reject any and all bids or to make no award.
4.2. Deliverables
1. Successful bidder shall deliver fully assembled unit(s) to the City of Manhattan Beach Public Works Facility, 3621 Bell Avenue, Manhattan Beach, CA.
2. Bidder shall be responsible to obtain Exempt registration.
4.3. Vehicle License/Registration
Vendor shall make the necessary arrangements to transfer title of the equipment/vehicle, and apply exempt license. The registered owner shall be shown exactly as outlined below, on all forms where the registered owner is listed:
City of Manhattan Beach
1400 Highland Avenue
Manhattan Beach, CA 90266
The vendor shall provide documentation from the Department of Motor Vehicles, at the time the vehicle is delivered, as evidence of having applied for registration/license. License plates are to be mounted on the vehicle when delivered.
4.4. Pricing
Pricing shall include the fully equipped unit plus documentation, transportation, sales tax and any other applicable charges/fees. The City is exempt from any federal excise tax and California State license and Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
7 registration fees. However, sales tax must be added at the Los Angeles County rate of 9.5% even if your company or firm does not collect California State sales tax. Bidders are cautioned when calculating sales tax. California Board of Equalization Regulations requires “handling” to be taxed. Shipping may also be taxed if delivery is through a company-owned vehicle. Miscalculation of sales tax may affect the overall bid price. Thus, vendors should consult with their tax advisors or accounting staff to ensure sales taxes are calculated correctly prior to submitting a bid.
Prices shall be F.O.B. destination. Any cash incentives/prompt payment discounts offered may be used when calculating the lowest bid if the end result benefits the City. Any prompt payment discounts shall be calculated from the time of delivery and acceptance of vehicles by the City, not invoice date.
4.5. Invoicing and Payment
An invoice shall be provided to the City upon delivery of the unit. The City will effect payment within 30 days of the receipt of properly completed invoice from the Dealer.
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
8 5. TERMS AND CONDITIONS
5.1. Cost Liability
The City assumes no responsibility and bears no liability for costs incurred by bidders for any costs incurred in the preparation and submittal of a proposal. Further, this request does not obligate the City to accept or contract for any expressed or implied services.
5.2. General Conditions
The City will not reimburse respondents to this Invitation to Bid for any costs incurred in the preparation and submittal of the proposal. Further, the request does not obligate the City of Manhattan Beach to accept or contract for any expressed or implied services. The City reserves the right to:
• Request any firm/person submitting a proposal to clarify its proposal during the selection phase; • Negotiate the project schedule and reasonable costs with the selected Contractor; • Modify or alter any requirements herein, and;
• Identify additional tasks to be accomplished prior to establishing a formal contractual agreement.
5.3. Taxes
The City of Manhattan Beach is exempt from paying Federal Excise Taxes. These taxes are not to be included.
5.4. Payment and Invoicing
Complete payment on the contract will be made in approximately 30 days from the complete delivery and acceptance of the merchandise or service, unless alternate terms are proposed and accepted by the City. The City may consider prompt payment discounts when calculating the lowest bid if the end result benefits the City. The City will not remit payment without an invoice.
Vendor can send invoices to [email protected] or mail to:
City of Manhattan Beach
Attn: Accounts Payable
1400 Highland Ave.
Manhattan Beach, CA 90266
Invoice shall be submitted on standard company forms on a monthly basis (if applicable) and shall contain the following information: (1) invoice number, (2) invoice date, (3) invoice period, (4) a brief description of work including location, (5) the purchase order or contract number, (6) total amount requested, (7) contractors tax ID number, (8) packing slip, and (9) if applicable, City contact name.
Payment will be made after invoice approval by the Contract Administrator, subject to the routine processing requirements of the City. Questions regarding the payment process can be emailed to [email protected].
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
9 5.5. Delivery
All deliveries of such items to be furnished must be made to job sites within the boundaries of the City of Manhattan Beach or the City Warehouse located at 3621 Bell Ave., Manhattan Beach 90266.
5.6. Packing and Shipping
All deliveries must be shipped F.O.B. destination. Deliveries must be made as specified, without charge, for boxing, crating or storage unless otherwise specified. Shipments for two or more destinations when so directed by the City will be shipped in separate boxes or containers for each destination, at no charge.
5.7. Authorized Distributor/Dealer
Any successful bidder must be an Authorized Distributor/Dealer for the product offered. The City reserves the right to request documentation at any time.
All orders will be F.O.B. destination if not otherwise specified. Risk of loss or damage to the goods shall remain with the vendor until delivered to and accepted by the City. The City may reject any goods that do not conform to the terms and conditions. Any goods rejected may be returned to the vendor at their risk and expense.
5.8. Manufacturer's Warranty
Bids shall be accompanied by a copy or description of the manufacturer’s warranty for the item(s) proposed. The description shall include the length and scope of the warranty, and will be evaluated as a factor in award of bid.
5.9. Business License
The successful Contractor will not be required to procure a City of Manhattan Beach Business License prior to commencing work.
5.10. Licenses
The Vendor, at its sole expense, must obtain, and maintain all required business and professional permits, licenses and certificates. The City of Manhattan Beach reserves the right to request license documentation at any time.
5.11. Government Regulations
The bidder shall comply with all Federal, State, City, and local regulations/laws pertaining to the Ford Police Interceptor Utility PPV (7).
5.12. Errors/Omissions
The vendor shall not be allowed to take advantage of any errors and/or omissions in these specifications or in the vendor's specifications submitted with the Bid. Full instructions will be given if such errors/omissions are discovered, and vendor agrees to abide by said instructions.
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
10 5.13. Force Majeure
The vendor will be excused from the performance of the contract, in whole or in part, only by reason of the following causes:
A. When such performance is prevented by operation of law.
B. When such performance is prevented by an irresistible superhuman cause.
C. When such performance is prevented by an act of the public enemies of the United States of America, or the City of Manhattan Beach, or by strike, mob violence, fire, delay in transportation beyond the control of the vendor, or unavoidable casualty.
D. When such performance is prevented by the inability of the vendor to secure necessary materials, supplies, or equipment by reason of:
1. Appropriation of use thereof by the Federal Government or,
2. Regulations imposed by the Federal Government.
No other force majeure clauses or conditions may be inserted in this bid and any changes in the conditions herein will cause the bid to be rejected.
5.14. Default
If the vendor fails in any manner to fully perform and carry out each and all of the terms, covenants, and conditions of the award, then the vendor is in default of the contract. The vendor shall be notified in writing of the default status, and will be given a time frame in which to comply. If the vendor fails to comply within the time frame given, the City, at its option, may terminate or cancel the contract, and at the expense of the Contractor, complete the contract with an alternate Contractor. Such termination shall not affect or terminate any of the rights of the City against the vendor, or which may thereafter accrue because of such default. The foregoing provision shall be in addition to all other rights and remedies available to the City under law. The waiver of a breach of any term, covenant, or a condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof.
5.15. Conflict of Interest
It shall be the duty of the Contractor to comply with all applicable City and federal laws relating to the prohibited conflicts of interest. As part of its response to the bid, the Contractor shall disclose in writing any financial, business, employment or other relationships with the City or with any of its officers, employees, or agents that are or were in existence during the twelve calendar months immediately preceding and including, the date the Contractor’s response to the ITB is filed. In addition, the Contractor shall disclose in writing, any financial, business, employment or other relationships with any City official and/or employee. The Contractor shall have a continuing obligation to keep the foregoing disclosures current and up-to-date during the term of the contract, and the Contractor’s failure to timely disclose the existence of such a relationship shall be grounds for immediate termination of the contract.
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
11 5.16. Patent Rights
The vendor agrees to save, keep, bear harmless, and fully indemnify the City, its officers, or agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up for any infringement of the patent rights or any person or persons in consequence of the use by the City, or any of their officers and agents, or articles supplies under any resulting contract, and of which the vendor is not the patentee or assignee, or which the vendor is not lawfully entitled to sell.
5.17. Department Policy for Grant Funded Purchases
Contractor guarantees that it, its employees, Contractors, subcontractors or agents (collectively “Contractor”) are not suspended, debarred, excluded, or ineligible for participation in Medicare, MediCal or any other federal or City funded health care program, or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor must within 30 calendar days advise the City if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded or ineligible for participation in Medicare, Medi-Cal or any other federal or City funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the City harmless for any loss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.
5.18. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction
A. The prospective lower tier participant certifies, by submission of this bid, that neither it nor its Principals [as defined at 49 C.F.R. section 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
B. When the prospective lower tier participant is unable to certify to the City certification, such prospective participant shall attach an explanation to this bid.
5.19. Protest Procedures
The City will accord all prospective vendors fair and equal consideration in the solicitation and award of contracts. Any bidder or proposer may protest the solicitation process (10 working days prior to bid opening), the amendment (10 working days prior to bid opening or 5 working days after amendment issuance, whichever is later), or evaluation process (5 calendar days after notification of award or publicly posted); however, protests must be filed in writing within the above time frames. Protests must include name, address, telephone number and email address of the protester and/or the person representing the protesting party. The protest must provide in detail, all grounds for the protest including all facts, supporting documentation, legal authorities, and arguments in support of the grounds for the protest. Any protest not conforming to these requirements may be rejected as invalid.
Additional information from the protester may be requested by the Department Director or designee.
Protests will be considered and either sustained or denied, in part or in whole, by the Department Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
12 Director or designee. When sustained, the awarding authority may, based on the evidence presented reject all bids and order a re-solicitation or recommend an alternate award. Once a protest has been filed, no solicitation shall be awarded until a final determination on the protest has been issued. Protests not meeting the above time frames shall be considered untimely and may be denied on that basis.
A protest decision should ordinarily be written and published within 10 working days of protest receipt.
However, the response period may be extended if additional time is required to evaluate information pertinent to the protest.
Decisions of the Department Director or designee may be appealed to the City Manager, or designee, by the protester within 5 working days after the decision is issued to the protester. The City Manager's decision, generally within 15 working days, shall be final and conclusive, except for such remedies as state or federal law or regulation may provide.
5.20. Contract
No agreement shall be binding upon the City until a Contract is completely executed by the Contractor, City Council, and approved by the City Attorney. Failure to execute and return the contract agreement and acceptable insurance documentations in a timely manner may be just cause for the City to rescind the contact offer.
5.21. Contract Termination
The City of Manhattan Beach may terminate without cause at any time. The Contractor may cancel the contract upon 30 days written notice unless stipulated differently in the agreement.
5.22. Termination for Default
The City may, by written notice of default to the vendor, terminate any resulting order in whole or in part should the vendor fail to make satisfactory progress or fail to remedy discrepancies within the time set forth in any Cure Letter sent to the Contractor by the Purchasing contact. If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause. The rights and remedies of City provided under this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.
5.23. Termination for Convenience
The City reserves the right to cancel any portion of this Purchase Order at any time prior to the delivery of Services. The City has the option, at its sole discretion and without cause, of terminating this Purchase Order by giving ten days’ written notice to Vendor. If Vendor fails or refuses to perform any of the provisions of this Purchase Order, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate Purchase Order by written notice to Vendor. Upon termination of this Purchase Order, City will pay Vendor any compensations earned and unpaid up to the effective date of termination.
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
13 5.24. Contract Extension to Other Cities/Agencies
Other Cities/Agencies may be interested in purchasing against an awarded contract, subject to the same price, terms and conditions offered to the City of Manhattan Beach, and by mutual agreement by the City and the vendor. The City does not warrant any additional use of the contract by such agencies. All requirements of the specifications, purchase orders, invoices and payments with other agencies will be directly handled by the successful Bidder and the piggybacking agency.
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
14 6. VENDOR QUESTIONNAIRE
6.1. Authorized Person(s)*
Please provide the following information for each person(s) authorized to submit a response on behalf of your organization:
Name
Title
Phone Number
Email Address
*Response required
6.2. Type of Business
6.3. Type your Legal Company Name here*
Please enter your Legal Company Name in the associated link and attach a copy showing "Active" status.
This will be verified against the State's database.
*Response required
6.4. Warranty*
Please provide any warranties on product(s) and/or service(s).
If you do not provide a warranty, please type "N/A".
*Response required
6.5. Delivery*
Please provide the lead time for delivery and any additional information regarding your delivery process. *Response required
6.6. Federal Debarment
Is your company on the Federal debarment list?
☐ Yes
☐ No
6.7. Federal Debarment Document
Please upload your Federal Debarment document. This can be found at https://sam.gov/content/exclusions/federal
Invitation to Bid #1290-23
Title: Ford Police Interceptor Utility PPV (7)
15 6.8. Cost Proposal*
Please find the 1290-23 Ford Police Interceptor Utility Vehicle (7) Cost Proposal located under section 7, Attachments and submit the completed Cost Proposal here. *Response required