Transit Federal and State Procurement Management
Rolling stock is one of the most common transit procurements; fleet replacement or enhancement occurs as fleet age out of usefulness and need to be replaced with newer, reliable units. A rolling stock procurement may be completed using one of the following methods: Invitation for bid (IFB), Request for proposal (RFP), State cooperative purchase contract, and joint procurement.
Rolling stock procurements have the following requirements:
I. The Pre-award and post-delivery rule requires subrecipient’s to certify that pre-award and post-delivery reviews will be conducted when using FTA-appropriated funds to purchase revenue service buses and vans.
II. The pre-award review requires the recipient to complete three certifications
- Buy America certification.
- Purchaser’s requirements certification.
- Federal Motor Vehicle Safety Standards (FMVSS) certification.
All three certifications must be kept in the recipient’s files for future FTA reviews.
III. A post-delivery review must be completed before a bus title is transferred to the recipient, or before a bus is placed into revenue service, whichever is first. The Buy America and FMVSS purchaser’s certification processes are similar to those completed in the pre-award. The only difference is that the subrecipient must complete a visual inspection and road tests to demonstrate that the buses meet the contract specifications.
IV. Additionally, the post-delivery rule also requires resident inspector to the manufacturer’s production facility during the final assembly period for ten or buses, 10 or more modified buses or vans.
TVM information is used to verify that the vehicle vendor has complied with Disadvantaged Business Enterprise (DBE) Program requirements. Only transit vehicle manufacturers listed on Federal Transit Administration (FTA)'s eligible TVMs list or their goal mythology is under review by FTA is eligible to bid on the procurement.
Often referred to as Altoona testing, this is a transit bus model testing program to ensure vehicle compliance with federal guidelines. The following items are tested:
- Structural integrity and durability.
- Performance (including brakes).
- Fuel economy and emissions.
When purchasing vehicles, the subrecipient must certify that it has received a copy of the test report prior to final acceptance of the first vehicle. Additionally, the subrecipient must keep the report, via hard copy or electronic copy, for monitoring purposes.
I. Cargo preference
II. Bus Testing certification
III. TVM certifications
IV. Pre-award and post-delivery audits
V. Federal Motor Vehicle Safety Standards (FMVSS)
VI. Awards exceeding $100,000
- Contract Work Hours and Safety Standards Acts
VII. Awards exceeding $150,000
- Buy America
§2260.004 Gov’t Code Dispute Resolution
The Recipient agrees to the dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute under this Agreement.
Occupations Code, Chapter 2301 – Sale or Lease of Motor Vehicles §2301.252
- A person may not engage in the business of buying, selling, or exchanging new motor vehicles unless the person:
I. Holds a franchised dealer's license issued under this chapter for the make of new motor vehicle being bought, sold, or exchanged; or
II. Is a bona fide employee of the holder of a franchised dealer's license.
- For purposes of this section:
I. The make of a conversion is that of the chassis manufacturer;
II. The make of a motor home is that of the motor home manufacturer;
III. The make of an ambulance is that of the ambulance manufacturer; and
IV. The make of a fire-fighting vehicle is that of the fire-fighting vehicle manufacturer
*These clauses are in addition to the general clauses found under Procurement, 7. Solicitation Requirements. If you’re interested in a comprehensive list of clauses, you may review the TxDOT PTN-130 and ProcurementPRO by National RTAP.
All transit vehicles purchased through TxDOT must list the Texas Department of Transportation (TxDOT) as a vehicle lien holder. TxDOT’s lienholder information is as follows:
Texas Department of Transportation
Public Transportation Division
125 E. 11th St., Austin, Texas 78701-2483
*Vehicle titles will be held by TxDOT PTN until the vehicle has met its useful life, was transferred to another subrecipient, or was disposed due to an insurance claim.
Rolling stock contracts have a maximum contract length limitation of five years. This limitation includes agreements to purchase rolling stock or replacement parts.
For more information about rolling stock and its various requirements, here are some helpful links:
- TVM: Transit Vehicle Manufacturers
- Texas Administrative Code: Property Management Standards
- Buy America: Buy America requirements
- FTA: Pre-Award and Post-Delivery Review Requirements
- Altoona: Best Test Standards
Texas SmartBuy: Visit TxSmartBuy if you are interested in purchasing fleet for your agency. Additionally, if a model or option you are searching for is not available on SmartBuy, contact your assign Public Transportation Coordinator for further instructions.
Vehicle Specifications: The attached specifications were vetted by the PTN for subrecipient procurements. You may use these specifications for your agency's fleet needs or as a template to draft your own fleet specifications: