An instructional manual for the specification writer.

By Martin I. Dareff

This reference guide has been written to provide assistance to individuals who find themselves faced with the responsibility of preparing mobile-equipment specifications for their agency or municipality.

The first thing to determine is if your municipality has ordinances or procedures that govern the way you do your product research and specification development. Miami-Dade County, for example, has a Cone of Silence Ordinance that prohibits county staff from all verbal and most written communications with vendors once the bid that contains the specifications has been advertised. Since county employees outside the main procurement process might not have a practical way of knowing when that advertising occurs, all communications about a bid or its requirements should be handled by your agency's procurement section or the county's Department of Procurement Management once the development work is completed.

Your municipality might have different procedures or timelines that are dependent upon the anticipated dollar threshold of the planned acquisition. In Miami-Dade County, the Fleet Management Division (FMD) of the General Services Administration is responsible for reviewing and approving the technical content of all Miami-Dade County mobile-equipment purchases. After approval, the FMD submits the specifications to the Department of Procurement Management for processing. All protocols and guidelines should be taken into account in your planning process. Your anticipated specification development time and time for other agencies' reviews, formulation of the specifications into an Invitation to Bid (ITB), on-the-street and response evaluation time, scheduling for any required Board of Commissioner approvals, time allowances for protests and mayoral approval or veto of the recommended purchase, and the anticipated product build time should all be considered and used to plan the starting time for the development of the specifications for the needed equipment.

The purpose of good mobile-equipment specifications is to obtain needed equipment for the municipality, with the right level of product quality and durability, and to purchase the equipment in an effective manner that provides for its delivery at the needed time, while promoting open and competitive bidding in a manner that assures the municipality the greatest degree of bid competition and the best price. This is a concept known as value purchasing. Good specifications cannot be written until the writer has become knowledgeable about the equipment user's required work and a market study has been performed to discover all comparable equipment in the marketplace that will perform that required work. Specifications are then developed that allow for the bidding, without the need for bidders to take exceptions to the requirements, of the varying manufacturers' brands that meet the work requirements of your equipment's user. The greater the number of vendors and manufacturers that are able to tender responsive responsible bid proposals to your specifications, the lower the resulting awarded prices will be to the municipality. These purchasing concepts are frequently overlooked and are among the proper methods to obtain the right product at the right time and right price. In some instances, low-bid purchasing of mobile equipment has gotten a bad name when minimum standards of construction, performance, fit and finish, durability, serviceability, and warranty are not covered in the bid's requirements. Knowledge of the principles, practices, and methods covered in this manual will enable you to avoid those purchasing shortfalls.

How Many Am I Buying and How Often Do I Need to Buy Them?

While this information is important to the preparation of the ITB and can have a significant impact on the pricing received, it does not affect the technical content of the specifications you are preparing. From a purchasing perspective, frequent, repeated, or annual purchases might affect the length of the contract solicited, the method of award, the applicability of optional contract renewal periods, the use of price escalator clauses, or other factors. These factors can favorably impact the unit prices offered to the municipality and should be discussed with your procurement agency to ensure selection of the most favorable terms and conditions in your ITB.

How Is a Formal Bid Organized?

The bids of many municipal entities, including Miami-Dade County as discussed herein, consist of several sections that can be generically referred to in the procurement process by their type of content.

Section 1 is composed of what is called boilerplate. It contains all of the county's policies, ordinances, practices, and legal requirements for bidding. This section is not subject to modification or change by user agencies.

Section 2 contains the special terms and conditions that are applicable to the bid. These change depending on the requirements of the user agencies and the nature of the commodity, service, or capital item being acquired by that ITB. This section will also contain the clauses detailing the length of contract, method of award, and other terms and conditions that will form the contract entered into with the awarded bidder. The author developed a comprehensive section of special requirements used specifically for the solicitation of mobile equipment in Miami-Dade County for the last decade. This section appears in Miami-Dade County ITBs as Subsection 2.9 and has been reprinted in its entirety at the end of this manual. These special clauses cover many potentially troublesome topics of mobile-equipment bidding and include:

1. the way the bids will be evaluated for technical compliance, including the bidding of equal products, no substitution components, manufacturers' catalogues and brochures, and product demonstrations;

2. rules and regulations about the equipment furnished and its compliance with varying state and federal regulations, designated association standards, and best commercial practices;

3. the bidder's status as a manufacturer or a manufacturer's representative and the resulting requirements for a service facility located in the area;

4. the warranty and delivery condition requirements of the vehicle and remedial time frames for discrepancies;

5. OEM Parts and Services Supply Contract agreements if needed;

6. delivery requirements and payment schedules, including the supply of Manufacturer's Statements of Origin (MSO) and title application documents;

7. the supply of various service and instructional manuals;

8. preconstruction conferences;

9. prototype or production inspections;

10. state motor vehicle dealer requirements.

Since an ITB's rules, regulations, special terms and conditions, and bid procedures work hand in hand with technical specifications, they should be read and understood thoroughly prior to the start of any mobile-equipment technical specification writing.

Section 3 is the technical specifications of the commodity, service, or capital equipment item you are purchasing through that ITB.

Section 4 is the bid proposal portion and the section where the vendors record and return their prices for the item or services requested.

How Is a Quote Organized?

Depending on the requirements of your municipality and the dollar thresholds involved, quotations might be organized and handled in different ways. In Miami-Dade County, verbal quotations are not permitted and price quotations must be requested by facsimile. Specific dollar authorization levels are permitted for agencies outside the Department of Procurement Management. Facsimile quotations within the limits for departmental or divisional quotations should be organized in a manner similar to that of a competitive bid. The Request for Quotations (RFQ) should contain all of the terms and conditions of the quote, the technical specifications of the equipment involved, and a quotation proposal page that is returned via facsimile to the purchasing agent. It is recommended that the applicable special conditions for bidding mobile equipment be included as part of any facsimile mobile-equipment quotation request.

The Three Types of Specifications

Specifications can take three forms. They can be technically based, work-function based, or based upon a combination of technical and work requirements.

Technically based specifications describe in detail the lengths, widths, heights, thicknesses, methods of construction or assembly, horsepower requirements, capacities or flow requirements, pressures, distances, and other quantifiable finite attributes of the needed equipment. Technically based specifications are the most difficult to research and the most time-consuming to write. They require you to know in great detail the work requirements of the unit being specified as well as the capabilities, build, construction, and finite details of all potentially equivalent competing equipment. Significant specific product research and knowledge is required to verify that potential competitors have not been written out of your specifications inadvertently, by an inch or a pound. When using this type of specification, you may be required to justify any or all of the dimensions, construction methods, capacities, minimum requirements, or other quantified details you have included in the specifications. This request can come from potential vendors, manufacturers' sales representatives, municipal management, or elected decision-makers. A good specification writer will not include quantifiable requirements that have not been researched and do not have proper supporting operational grounds for inclusion.

Work-based specifications describe in detail the equipment's work requirements and leave the details of the equipment and the "how-tos" up to the potential bidder. Work-based specifications can be the easiest of the specification types to write, as you "only" need detailed knowledge of the work requirements that must be performed. The major drawback to this style of specification writing is its open-ended nature. This can allow a bidder to propose equipment that might do the work required but in a manner that is inadequate, inappropriate, or unsuited for municipal operations.

Combination-type specifications can combine the attributes (or the drawbacks) of the other two types of specifications and provide the specification writer with the greatest flexibility. The two different types can be combined in varying degrees, at the discretion of the writer, to create a finished specification that contains both finite requirements and work-based requirements. It offers the challenge and opportunity to combine the finite requirements of the tasks at hand with the expertise and experience of the equipment industry to find solutions and tailor products to meet municipal needs in the most effective, cost-efficient manner possible. In the absence of extraordinary circumstances, this should be the specification writing method of choice for mobile equipment.

Miami-Dade County follows the principles and practices of the National Institute of Governmental Purchasing (NIGP). As a municipality, we do not accept exceptions to technical specifications or boilerplate requirements, and all evaluations of bid responses are so governed.

How Can I Get Product Information or Sample Specifications?

The NIGP encourages municipal member agencies to submit bid solicitations and maintains a library of specifications that is available to members. It can be a valuable resource and an excellent source of know-how.

Federal, state, and other municipal governments are excellent sources of specifications. They can also be viable avenues through which your municipality might purchase or piggyback onto an existing contract. This can be a time-expedient method to obtain needed equipment at highly discounted prices. The federal government, State of Florida, and other municipal and governmental entities maintain Web sites with information about their purchasing programs, awarded contracts, and contact information. Since your agency might only buy one or two units of equipment type annually while your state might buy a hundred, piggybacking this type of purchase can save significant time, resources, and money for your municipality. The availability of these types of contracts and the compatibility of awarded equipment with the needs of your municipality should be closely evaluated whenever the acquisition of generic equipment is involved. If you write specifications for mobile equipment on a regular basis, you should stay familiar with the equipment that is available from other major municipal, state, and federally awarded contracts. Several significant Web sites are listed below for your reference.

Federal General Services Administration:
www.gsaelibrary.gsa.gov/elib/eLibrary.jsp

State of Florida:
www.fcn.state.fl.us/st_contracts

State SNAPS II:
http://fcn.state.fl.us/owa_snaps/owa/snaps_www.menu.keyword

State of Florida Department of Transportation: www11.myflorida.com/mcco/default.htm

NIGP:
www.nigp.org

Equipment manufacturers and certain dealers also maintain Web sites that might be useful for obtaining product information.

What Should I Watch Out For?

In many instances, inexperienced specification writers will confuse material that can be copied from a manufacturer's brochure or technical specifications furnished by a prospective vendor as correct technical specifications that meet their requirements. While completing specifications in this manner might seem to be an easy path to get the product you are familiar with or want, this practice will result in biased specifications that favor the bidding of one manufacturer's product over another. When your method is detected, your specifications will be rejected by the FMD during its preprocurement review, or it will result in vendor or manufacturer complaints or bid protests should the specifications become an ITB or ITO. This practice will lessen or eliminate competition and result in higher prices. It can also create the appearance of a conflict of interest or collusion with a potential supplier. This could create embarrassment to the specification writer, the agency he works for, and his municipal government. For these reasons, using specifications furnished by a manufacturer or an individual company or directly copying verbiage or specifications from a specific manufacturer's brochure should be avoided.

Where Does the Research Start?

The specification writing process always starts with the equipment's user. Nothing is more important than the job he is required to do and how he is required to do it. The specification writer must become familiar with the work and capacities involved; cycles; times; distances traveled or worked; work conditions; job-site locations; road surfaces; climatic influences; tire sizes or track widths; blade, bucket, or hopper sizes; night lighting requirements; fuel capacities needed; standardization requirements for ease of maintenance; and many more areas of concern. After you have become completely familiar with the work requirements and operating conditions experienced by your user, you can begin the equipment's market research. The goal of this research is to identify potential suppliers of suitable equipment with product support in a geographical area that is practical to your municipality. At this point it is reasonable to gather product brochures and information and do whatever verbal fact-finding is required since questions might still be asked and answered freely. You can begin to rough out a draft of your projected specifications and make notes about areas you need to investigate further. Regardless of the type of specifications you are going to write, the finite requirements of your specifications should not exclude potential suppliers who, if awarded, can furnish equipment that can do the required work for your user in a safe and suitable operational manner.

Putting It on Paper

All mobile-equipment specifications should start with a section titled "Scope of Work." This section will include a general description of the work or usage requirements of the unit needed. Operational needs, road surfaces on which the vehicle or equipment will be used, capacities, towing, and special application or usage needs or requirements are all examples of the types of information that should appear in this first section. Since this section enacts the Implied Warranty of Merchantability, which requires the bidder to warrant that the equipment will be fit to perform the tasks and functions intended, this section appears first in all Miami-Dade County mobile-equipment specifications. Since this information is required first, it should be the base of knowledge you acquire first. An example of this section recently written for the Water & Sewer Department to use with a crane solicitation is below:

3. Scope of Work: The normal daily work assigned to the unit is to lift buckets of collected sewer sludge out of collection tanks and return empty buckets to the inside floor of the tanks for refilling. This unit is operated on paved roads to relocate from work site to work site but may be operated on packed gravel or other unpaved surfaces during physical operation. The unit is also used to move mobile equipment, such as Bobcat mini-loaders, into and out of these collection tanks to assist in the in-tank work.

The complexity of this section can be varied to suit the needs of the individual purchase. An expanded version of this section was recently used by the libraries in a bookmobile solicitation.

3.0 Technical Specifications: Specification 01-21 FY 00-01

3.1 Scope of Work: These specifications describe the minimum requirements for a transit-style bus coach to be used as a bookmobile by the Miami-Dade County Library System. There will be two (2) identical bookmobile units purchased to serve residents within this county. The description, range, and scope of intended usage will be as follows:

A. The bookmobile will serve as a mobile branch of the Miami-Dade Public Library System. It will be used by patrons between the ages of 1 and 100-plus. It shall be safe, convenient, and comfortable for all of our patrons to use for a time period of at least 10 years.

B. A full load of books (minimum of 4,000 volumes) and other library materials will be conveyed, on shelves, within the borders of this county for a maximum of 6 days each week for a maximum of 10 hours each day of operation. The vehicle shall be driven a maximum of 5 hours each workday, or 30 hours per week. This extends to a total annual maximum of 1,560 operational hours on the road.

C. A minimum passenger load of 2 and a maximum passenger load of 4 library staff members shall be safely conveyed to each "stop" on a daily schedule to be determined before this service begins in 2001.

D. Each regularly scheduled bookmobile stop will be for a period of time between 30 and 120 minutes. Stops will be made at schools, parks, senior centers, shopping centers, and other suitable and approved sites within this county. Occasionally, the bookmobile will need to operate in a "parked" locale for an extended period of up to 8 hours at "special" stops, such as visits to the youth fair or other "special events."

E. The bookmobile units will travel from a base of operations located at the West Dade Regional Library, 9445 Coral Way, in Miami, Florida. The farthest point that each unit will travel to a stop is within a 25-mile radius from this regional library.

F. There will be a minimum of 3 stops and a maximum of 10 stops during one workday, depending upon demand and scheduling considerations.

G. There will be a maximum of 100 miles and a minimum of 20 miles traveled by each unit during one day of public-service operation.

The Scope of Work for your specifications will vary by the job requirements and operation criteria you choose to include. Frequently a catch-all sentence is included at the end of this section, stating: "The equipment furnished shall include all of the manufacturer's standard equipment and meet the following supplemental minimum requirements."

What's Next, and How Do I Organize It?

After completing the Scope of Work, the next topic to address in your specifications should be any qualifiers that might affect the bidders. Examples of qualifiers are annual manufacturer's production requirements, numbers of units previously produced and in service, compatibility requirements with existing units, pickup and redelivery of existing units, and a variety of other specifics that might suit the needs of the municipality. These qualifiers are applicable to the quality of the equipment being furnished or the capabilities of the potential bidder. Qualifiers are used in bid specifications to establish that a potential bidder has the capabilities and experience to produce units of the type and quality required by the municipality. They should not be used to prevent potential competitors who have adequate and satisfactory backgrounds, financial backing, abilities, and experience from participating in a bid solicitation.

The specifications should then address the requirements of the most major component of the equipment. This will normally be the truck cab and chassis for on-road equipment, and the specification writer can address the gross vehicle weight (GVW) rating, GVW, tare weight, radial bending moment, dimensional requirements of the wheelbase, or other required capacities of the frame or chassis. In off-road equipment, this will vary with the character and degree of specialty applications involved and the subject equipment types. Where more than one major component may be present in the design and construction of the vehicle, specifications may be divided into two or more major sections. Examples of this could include the truck's cab and chassis and a refuse body, an aerial attachment, a tanker body, a sewer cleaner, or any number of other possible combinations.

After identifying the major components and listing their design, build, or work requirements, the next most significant subcomponents should be identified and listed with their design, build, or work requirements. Where additional layers of subcomponents continue, they should be listed in logical order with their requirements. An example of specifications written in this manner is shown below for your reference:

3.3 CAB: Conventional-type cab with factory-installed air conditioning and all of the manufacturer's standard features, including but not limited to full-tilt hood/fenders; tinted safety glass; armrests; a radio; a dome light; sun visors; a map compartment; multispeed windshield wipers; nonskid rubber floor mats; full insulation against heat, noise, and cold; and the following:

1. Bostrom midback air-suspension driver's seat and standard manufacturer's passenger seat or current production equivalents with seat belts.

2. 6- x 16-inch mirrors and 6-inch spot mirrors mounted on the left and right sides of the cab and exterior grab-handles. An additional 8-inch round mirror mounted to the right-side front fender is required. All mirrors and brackets are to be stainless steel.

3. Manufacturer's standard full instrumentation package plus a Hobbs hour meter (if an hour meter is not included as part of the manufacturer's in-dashboard package).

3.4 Front Axle and Front Suspension: Rated minimum capacity no less than 20% in excess of the weight loading shown on the loaded-weight distribution chart. Installation will be as recommended by the manufacturer for this application with 10 stud drums and nonaluminum hubs.

3.5 Rear Axle and Rear Suspension: Rated minimum capacity of 23,000 pounds as recommended by the manufacturer for this application with 10 stud drums and nonaluminum hubs.

3.6 Brakes: All-wheel ABS "S" cam air system with a Bendix 12-cfm minimum-capacity dryer and automatic drains.

3.7 Steering: Integral-power Ross or equivalent recommended by the manufacturer for vehicles of this dimensional size, weight, and type of service.

3.8 Wheels, Tires, and Flaps: Front and Rear: Budd, Accuride, Dayton, or equal 22.5- x 8.25-inch, 10-hole, one-piece steel wheels with 11 R 22.5 16—ply steel-cord tires and regulation-size, antisail flaps.

3.9 Fuel Tanks: All-steel or all-aluminum step-type tank or tanks totaling a minimum of 100 gallons of capacity appropriately mounted.

After you have completed your specifications and addressed all of the requirements and details of the major components and subcomponents, a meeting should be scheduled with the appropriate operation's representatives of your user agency and appropriate personnel from your maintenance facilities. Their input and approval of the final specifications are critical to the long-term success of the equipment's acquisition.

Placements of controls and signage, methods of operation, job-site and road performance, operator comfort and convenience, and other factors are as important to your customer agency as the ability to supply needed maintenance, parts, and repairs is to a service facility. Only when the user agency, the maintenance facility, and the specification writer are on the same page will the product obtained represent the best long-term value for the municipality.

How Can I Build a Better Mouse Trap?

As you continue to gather information and learn more about the available products and options, you will reach a stage where your draft specifications are finalized. If you have been dealing with relatively simple equipment, small quantities, and a one-time purchase, and you are confident you have good specifications that can be bid without exception by an ample number of equipment suppliers, you are ready to send your specifications into the review and procurement cycle for incorporation into an ITB or use in a quotation.

When quantities are large, the life of the contract is expected to be long (multiyear), or purchases can result in significant dollar expenditures to your municipality, you will find it beneficial to canvas the industry for ideas about how you can specify a better product. As a design resource, you might also be able to use the engineering expertise that manufacturers are willing to focus on larger potential sales contracts. To tap into this pool of knowledge, you can write to a variety of known suppliers or manufacturers in the appropriate segment of the equipment industry. Include your projected specifications and a questionnaire requesting their feedback and expertise. The format of a letter designed for that purpose and used by Miami-Dade County in the final stages of specification development is reprinted below in a fill-in-the-blanks format. You should be able to adapt this easily to your agency's specific needs.

Open Letter to the Equipment Industry:

Attached you will find a preliminary draft of specifications for ________________ that ____________ County will be soliciting in the near future. It is expected that this solicitation will be for ____ vehicles as an initial order, and ____ additional units may be ordered over a following ____-year period. The county reserves the right to make changes to the quantities and equipment after the initial order is evaluated for effectiveness and suitability.

We would like your input in evaluating these equipment specifications as follows:

1. Can you build equipment to these specifications recognizing that _____________ County does not accept exceptions to its specifications? If not, please tell us what is of a proprietary nature that would prohibit you from bidding.

2. What recommendations would you make to produce equipment that is more dependable, less costly to maintain, easier to use, or more effective in operation?

3. What recommendations would you make to produce equipment that is less costly to build but offers the same level of dependability, quality, and effectiveness as the one specified?

4. What recommendations would you make to the construction methodology or materials used in specification sections 3.5, 3.12, 3.19, or 3.22 to produce a less costly, more durable, or more effective piece of equipment?

Feel free to tender your response with any other comments you feel are applicable to this type of vehicle and its application by__________, to the attention of _____________________________.

In the responses to this informational request you might find that some potential suppliers request that you adopt or use proprietary language or optional features favoring the bidding of their product. Overall, you will find that the majority of responses will be extremely useful in supplying feedback required for the completion of the final specifications for a product that meets the needs of your municipality. Be thorough in evaluating the quality and content of the responses you receive before you incorporate suggested changes into your specifications. If you have concerns that a response might contain proprietary material, call several other prospective suppliers. They can quickly and accurately tell you if they can supply that option or item and what they think it can or will accomplish for you.

Another tool the specification writer can use to ensure a quality vehicle while promoting the development of a more effective and consistent fleet for his municipality is through the development and implementation of on-highway performance standards. For a variety of maintenance-, cost-, and operator-based reasons, Miami-Dade County standardized its heavy-equipment fleet with the use of Detroit Diesel Allison Transmissions. In concert with this standardization, the author researched the road construction standards and gradients used in Miami-Dade County for road and highway construction. Using that information with the input of all major engine and truck cab and chassis manufacturers, a uniform standard for performance was developed, finalized, and implemented. Those performance measures are easily verified through the use of the Allison Specialized Computer Application Analysis (SCAAN). The SCAAN will identify the engine horsepower and torque output levels, parasitic deducts applied, transmission, torque converter, final drive ratio, tire size, vehicle weight, wind and road-surface factors, and other influences that determine a vehicle's on-road performance. The SCAAN provides comprehensive performance data on the bid vehicle by speed, shift point, gradeability, and time/distance-to-speed data. That information can be compared to your municipality's standards to determine compliance with your minimum on-road or highway performance requirements. Your terrain, road construction methods, climate, and needs might dictate different standards than those used here. The standards developed and presently used by Miami-Dade County are listed below in items 3.4.a through 3.4.1.5.

3.4 SCAAN Requirements: Current-production version of a six-cylinder turbocharged diesel selected from the minimum service series of Caterpillar C10, Detroit Diesel Series 60, Mack E-7, or Cummins ISM. All engines proposed must include a 5-year, 250,000-mile, 100% no-deductible warranty. The engine must generate sufficient horsepower and torque to provide the following minimum performance standards when fully loaded:

a. Minimum starting gradeability of 44.0% forward and reverse.

b. Positive gradeability at 10 miles per hour of no less than 13.0%.

c. Positive gradeability at 46 miles per hour of no less than 2.0%.

d. Positive gradeability at 56 miles per hour of no less than 0.5%.

e. Start-to-30 miles per hour acceleration time under 20.0 seconds.

f. Start-to-46 miles per hour acceleration time under 45.0 seconds.

g. Start-to-56 miles per hour acceleration time under 70.0 seconds.

3.4.1. Submit an unflagged SCAAN printout verifying compliance with the performance requirements using Allison Transmission Vocation 3440 and the criteria cited below:

1. Actual GVW Bid complete with all components and a full load.

2. Actual rear-axle ratio.

3. Frontal area of 96 square feet.

4. Clutch fan, air compressor, power steering, air conditioner (10.0-hp deduct), and alternator are engaged.

5. A drive-line efficiency of 94.74%, a traction-limit coefficient of 7,000, a road surface factor of 1.000, an air-resistance coefficient of 0.8000 and the transmission, torque converter, and tires specified. Tire SCAAN rev/mile are specified in paragraph 3.14. Use 10 tires on the ground and the drive-axle weight shown on the fully loaded weight distribution chart.

Other specialty vehicles, including Fire Rescue and Suppression, Police SRT, and Solid Waste Department expressway route tractors, have more stringent performance requirements. The requirements listed above represent the minimum requirements acceptable to Miami-Dade County for on-road truck performance. They guarantee a standard of performance and a quality level within the product's drive train. In many ways, this helps minimize long-term maintenance costs through the selection of components that are proper for the loads and applications intended. Properly selected components withstand work stresses better, work more easily, live longer, and require maintenance and repairs less frequently.

A third tool that is available to the specification writer when quantities are large, when contract life is expected to be long, or when purchases can result in significant dollar expenditures is the requirement of a Manufacturer's Consent and Backing Letter. This letter is submitted with the bid proposal and ties the equipment's manufacturer directly to the municipality regardless of local-dealer existence or involvement. This letter is appropriate and should be required whenever quantities and dollar expenditures are significant. A copy of this letter is reprinted below and, when it is used, should reside in the ITB's Special Terms and Conditions section.

Manufacturer's Consent and Backing

Enclose an original (NOT a copy) letter from the manufacturer whose line you are representing/bidding on its appropriate letterhead and signed by an officer duly authorized to so obligate the company, notarized and bearing the clearly legible imprint of the manufacturer's corporate seal (if incorporated) and stating the following (complete inserts as requested):

In consideration of the duration and size of the sales contract that could be awarded as a direct result of this Bid Solicitation numbered (insert Bid No.), which is scheduled to open on (insert date) at (time) A.M./P.M., we guarantee to_____________ County the following:

That we (name of manufacturer), after diligent thought, research, and review, have determined that we fully support this proposed offer to sell by (name of manufacturer's dealer) our franchised/licensed dealer and are further willing to guarantee (for equipment that we manufacture) both the one-year minimum warranty required by the proposed contract and the availability of repair parts (for components that we manufacture) for the full 10-year expected service life of the equipment.

NOTE: Submit both: One letter from the cab and chassis manufacturer naming its dealer and one letter from the_____________ body manufacturer naming its dealer.

Another specification tool is the requirement that the awarded manufacturer certify the municipality's shop facilities as an in-house warranty center. This status might offer the municipality many maintenance advantages, including access to specialized training, tools, and support. While there are many advantages associated with this status, the actual implementation of a comprehensive program requires setup and administration of warranty claim, warranty reimbursement, and parts tracking systems. A copy of the applicable specification language is reprinted below, and when it is used should reside in the ITB's Special Terms and Conditions section.

In-House Warranty Service Center Agreement

The successful bidder and/or its local dealer representative may be required, at the sole discretion of the county, to enter into an "in-house" Warranty Service Center agreement with the county. Such agreement shall enable the county to perform qualifying warranty repairs and service at county repair locations under the auspices of the dealer's umbrella warranty agreement with the manufacturers it represents. As a service center, the county will be entitled to appropriate training, manuals, and technical expertise as may be needed to properly support the product and this program. Warranty reimbursement labor rates shall be at no less than 85% of the labor rate presently awarded to the vendor by the county for commercial work. Warranty parts will be a direct exchange for failed parts at no charge. The county will pay shipping for defective parts being returned; the vendor will pay the shipping for replacement parts being supplied. By the submission of this bid the bidder agrees to enter into such agreement at the county's discretion and may be required to execute this as a separate contractual agreement prior to the receipt of any equipment order that may be generated under this solicitation. Failure to comply with the provisions of this paragraph, at any time, will be considered sufficient reason to vacate any award tendered as a result of this solicitation.

I'm Almost Done but I'm Not Sure

After your specifications have been completed and reviewed with your user agency and maintenance authority, they might require submission to an additional administrative authority for review and approval. In Miami-Dade County, the FMD of the General Services Administration has been charged with the responsibility for review and approval of all mobile-equipment specifications prior to solicitation by the Department of Procurement Management. Specifications are reviewed for completeness, applicability to the job's work requirements, open and competitive nature, and conformance with industry standards and proper specification-writing methodology.

When your solicitation package is being prepared for bidding by the appropriate agency in your municipality, you might consider the applicability of including a pre-bid conference, a preconstruction conference, and/or a prototype inspection with your user agency and procurement authorities.

A pre-bid conference is recommended when specifications are complex, quantities are large, contractual terms are long, and the resulting competition is expected to be fierce. This conference provides an opportunity for prospective bidders to ask questions, clarify issues, provide additional input, and raise items or issues about the specifications that might require correction prior to bid submission. The value of the pre-bid conference for complex solicitations cannot be overstated. A pre-bid conference should never be considered a substitute for doing all appropriate product research during the development of the specifications.

A preconstruction conference is recommended when the specifications are complex, the equipment is expensive and specialized, or any of the agencies involved feel it will be beneficial to review the build of the vehicle with the awarded vendor prior to construction. In this type of conference, the unit's specifications and construction are reviewed on a line-by-line basis. It is valuable to have representatives ranging from the equipment's operators to maintenance-division supervisors in attendance. Areas that might become of particular interest in this type of conference include equipment controls; placement of lines, hoses, and filters; and other items that might not be fully described in the specifications or awarded vendor's bid proposal.

A prototype inspection is recommended when the specifications are complex, the equipment is expensive or specialized, and/or a significantly sized order has been placed. When such conditions are present, the onsite inspection of the first unit for placement of controls, routing of lines and hoses, placement and design of electrical wires and harnesses, handholds and grips, and so on might be in the best interests of the municipality. This inspection might represent the last opportunity to make changes or corrections to the final product of a significantly sized order prior to the commencement of the manufacturer's production.

The Final Product Is Delivered

After delivery to the municipality, the equipment should be checked by qualified personnel from the assigned agency for conformance with specification requirements and then processed into the municipality's system. License plates, fuel cards, MSOs, title documents, acceptance sheets, asset numbers, and a variety of other fleet and municipal requirements are completed and all data are recorded or processed as appropriate. The equipment is invoiced and paid for and turned over to the end user to begin its operational life cycle. Congratulations, you've made it happen from the first "I need" to product design, purchase, delivery, acceptance, and placement in service. This is an appropriate time to put a couple of notes on your calendar. Follow up with the user agency and the maintenance facility after an appropriate time period to determine what, if anything, could have been done differently to make the equipment a better value for the user, easier to maintain by the service facility, or more effective in performing its work application. Good specification writing is always a work in progress.

Special Conditions for Bidding Mobile Equipment

Bidding Equal Products; No Substitution Components; Manufacturer's Catalogues, Brochures, and Product Demonstrations

2.9.1 Manufacturer's name, brand name, and/or model number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality, standards of performance, and design required. They are in no way intended to prohibit the bidding of other manufacturers' brands of equal or similar material, quality, design, and standards of performance, unless the wording NO SUBSTITUTION is used. When an equal or similar product is bid, the bidder may be required to furnish the factory information sheets (specifications, brochures, etc.) that show the product meets the required specifications; however, the bidder may be given the opportunity to submit the information sheets to the county during the bid evaluation period. If requested, the bidder shall be given fifteen (15) calendar days to submit the information. Failure to meet this requirement might result in that bid being rejected. The county shall be sole judge of equality or similarity, and its decision shall be final.

2.9.2 When NO SUBSTITUTION is used in combination with a manufacturer's name, brand name, and/or model number, that named item is the only item that will be accepted by the county.

2.9.3 Manufacturer's standard information sheets, catalogues, brochures, and all* supporting documentation submitted must show the product meets the required specifications. Bids that are submitted with standard product literature that offer technical data or product descriptions indicating the item or product bid does not meet the required specifications must be accompanied by a letter on the bidder's company stationary identifying those differences and describing how compliance with the required specifications is to be accomplished. Failure to comply with this requirement may result in that bid's rejection for not meeting the specifications.

* Photographs, pictures, and illustrations that are part of standard product literature will not be used in determining product compliance with these specifications.

2.9.4 After the bid proposals have been evaluated by the county, the low bidder as stipulated in Section 2.6 of these specifications may be required to demonstrate the equipment that has been proposed for evaluation by, and at no cost to, the county. The purpose of the demonstration is to observe the equipment in an operating environment and verify its capability, suitability, and adaptability vis-à-vis the performance requirements stipulated in the bid. If a demonstration is required, the county will notify the bidder of such in writing and will specify the date, time, and location of the demonstration. If the bidder fails to perform the demonstration on the date stipulated in the notice, the county may elect to reject the bidder's proposal or to reschedule the demonstration, whichever is in the county's best interest. The county shall be the sole judge of the acceptability of the equipment and conformance with the bid specifications, and its decision shall be final.

2.9.5 The equipment used for the demonstration will be the same as the manufacturer's model identified in the bidder's proposal. Accordingly, the equipment used in the demonstration shall create an express warranty that the actual equipment provided by the bidder during the contract period shall conform to the equipment used in the demonstration. Should that equipment be new, not previously demonstrated, and conform with all bid specifications and requirements, the county reserves the right to purchase that equipment upon successful completion of the demonstration and approval of the Board of County Commissioners.

Equipment Furnished

2.9.6 The equipment furnished by the bidder shall be new and the most recent model available. Demonstrators are not acceptable. Any optional components that are required in accordance with these bid specifications shall be considered standard equipment for the purposes of this solicitation. Any optional components that are recommended by the vehicle's manufacturer for the application intended must be included and will be considered standard equipment for the purposes of this solicitation. The application and usage of all components, subcomponents, or parts must be in accordance with their manufacturers' recommendations as well as the recommendations of all associated component manufacturers. Omission of any essential detail from these specifications does not relieve the vendor from furnishing a complete and ready-to-work unit. The silence of specifications on any point shall mean that only the finest commercial practices of the industry shall apply and all interpretations of bid specifications shall be so governed. The unit shall conform to all applicable Occupational Safety & Health Administration, state, federal, and American National Standards Institute requirements and standards and department of transportation regulations. All components and included craftsmanship are to be in accordance with current Society of American Engineers standards and recommended practices. The engineering, materials, and workmanship shall exhibit a high level of quality and appearance consistent with or exceeding the industry standards.

2.9.7 The equipment and features required are listed in the bid specifications. The county may, after delivery and acceptance of the initial equipment order, make changes to the required equipment or equipment options supplied, provided such changes are mutually agreed between the bidder and the county, all changes in per-unit pricing are no more than the change in per-unit documentable cost to the bidder, and the net amount of any such changes is no more than 5 percent of the per-unit price originally bid. Bids requiring a preconstruction conference or the construction and approval of a prototype unit will be considered in satisfaction of the initial equipment order provision of this paragraph.

Bidder Status

2.9.8 Bids will not be accepted for evaluation that are submitted from sources other than the vehicle's manufacturer or fabricator or an approved dealer thereof. The county may require the successful bidder to furnish authenticating documentation of such status. At such time the bidder shall be given fifteen (15) calendar days to submit the information. Failure to meet this requirement may result in that bid being rejected.

2.9.9 When the bidder is the equipment's manufacturer or fabricator, an approved service facility capable of performing warranty repairs and supplying needed parts must be located in Dade or Broward County. The service facility will be subject to the General Services Administration Fleet Management Division's review and approval.

When the bidder is an approved dealer of the manufacturer or fabricator, it must be the operator of a service facility capable of supporting the proposed sale and have a service facility located in Dade or Broward County capable of performing warranty repairs and supplying needed parts. Service facility will be subject to the General Services Administration Fleet Management Division's review and approval.

Warranty Requirements

2.9.10 The successful bidder shall supply and be responsible for the equipment's warranty. This warranty must cover the entire unit and have a minimum term from equipment acceptance of twelve (12) months or 2,100 operating hours or 12,000 miles, whichever comes first. When equipment or component manufacturers provide a warranty with coverage in excess of that stipulated herein, that additional coverage shall not be diminished by the requirements of this paragraph. The administration of delayed in-service warranty starts is specifically included.

2.9.11 The bidder shall be responsible for promptly correcting any warranted deficiency, at no cost to the county, at a warranty service center that meets the criteria stated in paragraph 2.9.9, within five (5) calendar days after the county notifies the bidder of such deficiency verbally or in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defect within the period specified, the county may, at its discretion, notify the bidder in writing that the bidder may be debarred as a county bidder and/or be subject to contractual default if the corrections, replacement, or repairs are not completed to the satisfaction of the county within five (5) calendar days of receipt of notice. If the bidder fails to satisfy the warranty within the period stipulated in the notice, the county may (a) place the bidder in default of its contract and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the county for the work or items–either through a credit memorandum or through invoicing.

2.9.12 The successful bidder and/or its local service representative may be required to enter into an original equipment manufacturer parts and service supply agreement at any time during the useful life of the equipment furnished. This maintenance support agreement would be to supply parts, repairs, and training or service at the county's discretion. By the submission of this bid, the bidder agrees to enter into such agreement at the county's discretion, with parts and labor pricing at rates no higher than industry standard.

Delivery and Payment

2.9.13 All prices are to be quoted FOB destination. Deliveries are authorized at _________________________ located at______________________ or at another location that may be so designated on the purchase order between the hours of _____ A.M. and _____ P.M. weekdays. Contact _______________________ at _____________________ forty-eight (48) hours prior to delivery.

2.9.14 Delivery is required within the number of days stated by the bidder within the bid proposal. In no case may this date be later than ______ days from the date that the county department orders the equipment by sending a printed purchase order to the awarded bidder. All deliveries are to be made in accordance with good commercial practice. All equipment delivered must be in full compliance with bid specifications and requirements, in excellent condition, and ready to work. Upon verification of compliance with these requirements, the county will accept the delivered equipment. See Paragraph 2.9.16 for defective delivery correction requirements.

2.9.15 Upon failure to deliver the equipment in accordance with good commercial practice, excellent ready-to-work condition, and full compliance with bid specifications and requirements to the county within the lesser of the time stated by the bidder in its bid proposal or the number of days stipulated in Paragraph 2.9.14, the bidder shall be subject to charges for liquidation damages in the amount of ____________ for each and every calendar day that the equipment is not delivered acceptably. This charge for liquidation damages is in addition to other remedies and timetable requirements listed in Paragraph 2.9.16 below.

2.9.16 The bidder shall be responsible for promptly correcting any equipment delivery deficiency, at no cost to the county, within ten (10) calendar days after the county notifies the bidder of such deficiency in writing. If the bidder fails to correct or replace the defect within the period specified, the county may, at its discretion, notify the bidder in writing that the bidder may be debarred as a county bidder and/or be subject to contractual default if the corrections are not completed to the satisfaction of the county within ten (10) calendar days of receipt of notice. If the bidder fails to satisfy the delivery requirements within the period stipulated in the notice, the county may (a) place the bidder in default of its contract and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the county either through a credit memorandum or through invoicing.

2.9.17 The county shall issue payment within thirty (30) days after completion of items A. and B. below:

A. The delivered unit is successfully inspected for compliance with all specifications and requirements and is accepted (including delivery of the required manuals).

B. All documentation described in the purchase order has been received as stipulated therein.

Parts, Repairs, and Training Manuals

2.9.18 The successful bidder shall supply the county with a minimum of one (1) each: a comprehensive training manual that describes the appropriate use of the equipment purchased, as well as a comprehensive set of manual(s) that describe the repair of and provide identification for the component parts of the equipment purchased.

2.9.19 Multiple Bids: Multiple bids as noted in Bid Section 1.3, Sub-Section A(4) are not permitted as part of this solicitation.

Motor Vehicle License Requirement

2.19.20 If applicable to this bid, per Chapter 320 of the Florida statutes, "No motor vehicle, foreign or domestic may be sold, leased or offered for sale or lease in this state unless the Manufacturer, Importer or Distributor of such motor vehicle which issues an agreement to a motor vehicle dealer in this state is licensed under 55320.60-320.70." Bidders submitting proposals in conjunction with this solicitation should furnish a copy of this license with the proposal; however, the bidder may be given the opportunity to submit the affidavit to the county during the bid evaluation period. At such time the bidder shall be given fifteen (15) calendar days to submit the license. Failure to meet this requirement may result in the bid being rejected.

Preconstruction Conference

2.9.21 The successful bidder shall be required to conduct a preconstruction conference for five (5) county officials designated to represent the county prior to the manufacturing or assembly of the equipment that is specified in this bid solicitation. The bidder may select the location of this preconstruction conference subject to concurrence by the county. Any costs incurred by these county officials in conjunction with the preconstruction conference will be borne by the county.

Production/Prototype Inspection

2.9.22 The successful bidder is required to conduct an onsite production/prototype inspection of the first unit manufactured at times that are mutually convenient to the bidder and the county officials attending. This inspection shall be performed prior to the final assembly of the equipment in order to evaluate the placement of controls and lines, structural changes, and general construction techniques. The bidder shall provide reasonable notice to the county prior to the scheduling of the onsite production inspection. The county reserves the right to require modifications to the equipment if such modifications are necessary in order to bring the equipment into compliance with the bid specifications or the bidder's proposal.

A. The county reserves the right to require multiple production inspections where multiple locations or companies are involved with the construction of a final unit.

Martin I. Dareff has 30 years of experience in the mobile equipment and ground transportation industries. He manages the equipment services section of the Miami-Dade County Fleet Management Division.