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          IFB #18-001 and IFB #18-002: Questions and Answers

          IFB #18-001 – Transportation: Unkechaug Reservation to and from Center Moriches Union Free Schools

          IFB #18-002 – Transportation: Tuscarora Reservation to and from Niagara Wheatfield Schools


          QUESTIONS AND ANSWERS
          1. The price sheet is totaling for a daily cost, not yearly cost; but the heading states "vehicle total year 1".  Is that really, "Daily vehicle total year 1"?

            A. The bid form - cost proposal is for yearly costs of each vehicle by size, and the yearly cost of the aide/monitor. The cost proposal does not ask for daily costs of any item.
          1. The same is for the aide/monitor.

            A: See above – it is the yearly cost of the aide(s) or monitor(s).
          1. Is the spread sheet "bid total (vehicle + Aide) yr. 1" actually a Daily total and not a yearly total?

            A: No. The costs are yearly totals by vehicle capacity (cost, number and size) and by yearly cost per aide/monitor.

          Fiscal Matters

          1. NON-PERFORMANCE DAMAGES – IFB-p.32-Resp. Prov.-B:  Would NYSED consider adding language to these sections so that NYSED must notify Contractor within a certain time frame of any alleged defaults or otherwise the defaults will be waived?  Would NYSED consider including language that would allow Contractor to pass through some costs that may arise due to a driver shortage?

            A: As stated in the IFB, “NYSED reserves the right to ... (11) negotiate with the successful bidder within the scope of the IFB in the best interests of the state.” Please note, to the extent the questions presented would involve an addition or revision that is not in the best interests of the State, such a revision would likely not be acceptable to NYSED.
          1. HOLD HARMLESS AGREEMENT – IFB-p.25-IV-A:  Would NYSED consider modifying these sections so that Contractor would be liable for only those damages Contractor causes?

            A: As stated in the IFB, “NYSED reserves the right to ... (11) negotiate with the successful bidder within the scope of the IFB in the best interests of the state.” Please note, to the extent the questions presented would involve an addition or revision that is not in the best interests of the State, such a revision would likely not be acceptable to NYSED.

          Program Matters

          1. EQUIPMENT MODIFICATION:  Would NYSED consider additional language to provide for rate adjustments if/when federal, state, or local laws change and impose additional equipment requirements other than those set forth in the bid specifications?

            A: All modifications to transportation, requiring an increase in compensation due the contractor must receive the prior approval of the State and may require a contract amendment. Changes in compensation will be made for such adjustments, in accordance with the contractor's bid proposal and as outlined in the IFB. Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller.
          1. SERVICE LEVELS – Submission Documents-Att.B:  Would NYSED consider additional language in this Section to provide for rate adjustments for service-level changes not initially anticipated in the final contract and that result in a material increase or decrease of services?

            A: All modifications to transportation, requiring an increase in compensation due the contractor must receive the prior approval of the State and may require a contract amendment. Changes in compensation will be made for such adjustments, in accordance with the contractor's bid proposal and as outlined in the IFB. Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller.
          1. INSURANCE INFORMATION – IFB-p.6-Required Insurance-a; IFB-p.8-c: Would NYSED consider adding language here that limits insurance claims to those arising under the Agreement?

            A: As stated in the IFB, “NYSED reserves the right to ... (11) negotiate with the successful bidder within the scope of the IFB in the best interests of the state.” Please note, to the extent the questions presented would involve an addition or revision that is not in the best interests of the State, such a revision would likely not be acceptable to NYSED.
          1. TERMINATION FOR DEFAULT/NON-RESPONSIBILITY – IFB-p.32-Resp. Prov.-C:  Would NYSED consider providing 30 days written notice of default to Contractor and an opportunity to cure any defaults within that time period?

            A: As stated in the IFB, “NYSED reserves the right to ... (11) negotiate with the successful bidder within the scope of the IFB in the best interests of the state.” Please note, to the extent the questions presented would involve an addition or revision that is not in the best interests of the State, such a revision would likely not be acceptable to NYSED.
          1. MUTUAL TERMINATION FOR CONVENIENCE – IFB-p.32-Terminations-A: Would NYSED consider including language providing for mutual termination for convenience in the event contract conditions become unfavorable for either party?

            A: As stated in the IFB, “NYSED reserves the right to ... (11) negotiate with the successful bidder within the scope of the IFB in the best interests of the state.” Please note, to the extent the questions presented would involve an addition or revision that is not in the best interests of the State, such a revision would likely not be acceptable to NYSED.
          1. FORCE MAJEURE – IFB-p.7-h  Would NYSED consider including a separate force majeure clause in the final contract excusing Contractor from performance for events outside its control such as labor shortages, strikes, inclement weather, etc?

            A: As stated in the IFB, “NYSED reserves the right to ... (11) negotiate with the successful bidder within the scope of the IFB in the best interests of the state.” Please note, to the extent the questions presented would involve an addition or revision that is not in the best interests of the State, such a revision would likely not be acceptable to NYSED.
          1. DISPUTE RESOLUTION – IFB-p.29-#16:  Would NYSED considering including a more detailed dispute resolution clause that is mutually beneficial to both parties?

            A: As stated in the IFB, “NYSED reserves the right to ... (11) negotiate with the successful bidder within the scope of the IFB in the best interests of the state.” Please note, to the extent the questions presented would involve an addition or revision that is not in the best interests of the State, such a revision would likely not be acceptable to NYSED.

          Questions 13-16 are specifically for the Tuscarora Reservation:

          1. How many routes are currently doing this contract?

            A: There are seven routes in the current contract. Attachment E provides a current list of Year 2017-2018 number of students and addresses. Final routes for the 2018-19 school year, and beyond, will be determined by the successful bidder after consultation with the school district being served.
          1. How many of these routes are Big Bus 66 passenger and small bus 20 passenger?

            A: There are currently 3 Big Bus and 4 Vans (wheelchair). Vehicle Size for the bid is to be determined by the bidder on Attachment A using the address list in Attachment E of the IFB submission documents. Bidders will contact the school district directly each year in determining any changes or additions to Attachment E.
          1. What is the current rate for each bus?

            A: The current rate per vehicle is $5,928.14 per month. For this IFB, the bidders’ lowest five year aggregate cost listed on Attachment A is the only financial criterion for awarding this contract.
          1. How long are the routes in regards to hours for each route?

            A: The average daily hours (per day / total routes) is 42 hrs / day.
          1. What are the school times?

            A: Schools times need to be acquired by the bidders from the school district. Bidders should acquire 2018-19 school year calendars directly from the school districts and schools involved to develop bid amounts. School calendars shall be submitted along with the bid proposal. If the 2018-19 calendar is not available at time of submission, submit 2017-18.
          1. May an electronic copy of the IFB documents be submitted on a flashdrive instead of a CD-ROM?

            A: NYSED prefers that electronic versions of the bid documents be submitted on CD. If CD is not feasible, USB will be accepted as an alternative.

           

          Last Updated: May 8, 2018 5:12 PM
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