RFP VDEM 12-30-09
ADDENDUM #2: AGREEMENT TERMS
(consolidated emails between the two parties)
Section 1: Staff Commitments and Resumes
TMS Logistics will notify VDEM, in writing, of any staff changes from those identified in the Organizational Chart, within ten working days. Any replacement staff will be similarly experienced and qualified, and subject to VDEM review and approval.
Section 2: Fuel Cost
TMS Logistics is prepared to provide a fixed price fuel rate of $150.00 per bus per day as provided in the response dated 7/12/2010.
To the extent VDEM would like to bill actual costs, TMS Logistics is prepared to track all fuel costs via the Wright Express Fuel Cards given to all drivers. TMS Logistics would also track any fuel provided directly by the Commonwealth.
Fuel costs shall be logged daily and billed/invoiced as actual costs based on the Wright Express Fuel cards. An option that the Commonwealth of Virginia may use, at their discretion, is the statewide fuel contract (PF-25012-10). This option may be used to minimize costs associated with an emergency.
Section 3: Evacuee belongings
In regard to personal items allowed for transportation, a minimum of one full size suit case shall be allowed, as well as one carry on. Flexibility shall be permitted for belongings secured in trash bags and other less desirable containers. VDEM will pass the concern along about personal items to be transported, to the at risk localities for their consideration in their Hurricane Evacuation Response Plans.
Section 4: Locality Pick-up Points (“LPUP”) Questions
VDEM requests that change to the terminology be made to LAP from here forward and in the final contract agreement. In the final agreement all accepted agreements and changes should be noted.
Section 5: 15 Passenger Vehicle Rates
The 100 additional 15 passenger vans pricing is correct in that we wanted prices for those items for 25, 50, and 100 in total just like the buses. We would like the “mini bus” concept pricing instead of the 15 passenger van as noted. The 100 total needs to be separate from the buses as these will serve a different request. These other 100 vehicles will be used by VDACS to shuttle personnel from “state shelters” to the pet shelters and then back to the “state shelter.” It would be a routine route about every 30 to 60 minutes for an 8 hour day for the most part.The total hours per day for drivers is still being discussed based on how long the pet shelter operational “day” will actually be. The locations are preset so they will have designated locations to drive, just like the buses. The other 60 or so vehicles will be used by the Commonwealth to support the “stranded motorists” whose vehicles become inoperable during the mandatory evacuation and lane reversal timelines. These smaller buses would be deployed based upon a schedule to the localities along with the buses and then as lane reversal begins, they will be dispatched about every 30 to 60 minutes or as necessary to pick up stranded motorists and take them to pre-designated locations along the route. Due to the immense amount of projected traffic, this will be for the most part, one trip in and one trip out for each unit.
In regard to mini buses, these are to be used for stranded motorists that will only take evacuees, pets, and the same luggageas outlined in the agreement concepts provided in the agreement. Drivers will not be able to provide any medical supplies/support to stranded motoristsand should be instructed to contact local medical resource providers as outlined in the locality response plan (911, etc).
For clarification purposes, the total fleet supply will include up to 1,300 vehicles consisting of 1,140 motor coaches, 60 para-transit vehicles, and 100 minibuses or comparable vehicles. If sufficient minibuses are not available, TMS reserves the right to substitute vehicles with same or greater capacity to meet stated needs.
Section 6: VDEM Hurricane Hotline Comparison to TMS Logistics’ Timeline
Once the buses are processed, they will be sent forward to the localities or as close to the LAP at which time they can get lodging.They will be (hopefully) less than ten miles from the LAP, well in advance of the start of the evacuation. The two hours denoted is for the bus to arrive from its lodging/starting point and driving to the LAP. It should be more than sufficient time. The locals will be setting up the LAP site to accommodate the number of buses they have requested.
Section 7: Food and Lodging Cost Adjustment, Given VDEM Role at Base VSA (i.e. State Logistics Staging Area (SLSA).
To reflect the assumption that 2/3rds of the meals and all or 2/3rds lodging requirements will be met at the base camp/main VSA and covered by the Commonwealth, TMS Logistics will reduce the daily cost by $60.00 per bus per day. We are pleased to pursue other alternatives as requested.
VDEM would like TMS to set up lodging and meals as a “turnkey” operation approach from activation to demobilization.VDEM would like to accept the original proposals as submitted, with an additional option as reflected by TMS above.
Section 8: GPS/Vehicle tracking system options and pricing.
TMS Logistics would be pleased to provide equipment and perform the vehicle tracking functions as delineated in the RFP. As stated in the bid, Tracking Alternatives response dated 7/30/10, negotiations, and subsequent correspondences, it is our recommendation that VDEM procure the GPS tracking system directly through Sprint/TeleNav. Pricing was provided on 7/30/2010.
TMS Logistics would be pleased to work with Sprint/TeleNav in the configuration of all units consistent with the tracking and communication specifications required by the Commonwealth. Further TMS Logistics will be happy to store equipment at our facility or coordinate the delivery of units to VDEM storage location as requested. The TMS Team associated with all configurations and tracking functions is included in our equipment pricing. The only costs borne to VDEM are the purchase of the units and subsequent fees.
FEMA can also provide to the impacted states all vehicle tracking systems and installation upon request. To the extent the Commonwealth wishes to explore this option, TMS Logistics is pleased to assist in this regard. It may prove to be a lower cost option to the Commonwealth, albeit with potential logistical and functional limitations.
This concept is fine and more beneficial to VDEM.VDEM will request that same number of GPS units that will be purchased by the Commonwealth when the number of buses we are requesting is known. This will ensure that if the GPS units are not used, they do not just set around or become obsolete in technology. VDEM will work with Sprint/Telenav, but this will NOT OCCUR until the actually order is known. This may require VDEM communicating with Sprint/Telenav about the potential numbers needed and availability schedules, etc. TMS drivers shall know how to use the GPS devices located with each vehicle.
Bottom line, VDEM would like to incorporate both options in the contract and will make the determination as to which option they will utilize at the time of "ordering" of resources. VDEM understands that it will require negotiation with those external service providers as outlined.
TMS Logistics recommends a more detailed discussion between Sprint/TeleNav, TMS Logistics, and VDEM on the lead times required for the configuration and delivery of devices, TeleNav software installation, and configuration of the phones (e.g. call lists, etc. to support the tactical deployment needs). These items will be critical to the operation and may require several weeks of advance preparation, and in any event, such arrangements will need to be made with the selected vendor to ensure availability of resources to meet the deployment timetable.
Section 9: Pet friendly vehicles
Acceptable as proposed
Section 10: Pricing scenarios
TMS Logistics has revised the pricing scenarios to reflect the changes to the Food and Lodging Cost Adjustment (please see attached).
Section 11: Price reduction request during inactive period
VDEM understands and agrees with TMS Logistics statement and withdraws the request to reduce pricing during inactive periods.
Section 12: Security Requirements
VDEM has reviewed comments provided by TMS Logistics and will discuss with the appropriate localities and other state agencies. The security plan/SOP for handling in route and on site security issues will be drafted by the Commonwealth of Virginia. Once the security plan/SOP is completed VDEM will provide copies to TMS Logistics. TMS Logistics shall be responsible for TMS driver and staff training on these procedures.
VDEM will need to develop these items once the contract is awarded.
Section 13: Sample Invoicing Format
It has been discussed that VDEM will be charged a three day minimum once busses are activated. All invoices should reflect the headings and information as found on the Final Vehilcle Invoice sample as provided. On the invoice the Date column should show the time as well. The second invoice does not show allowances for the first payment; if agreed then those days need to be reflected as paid on this invoice.
Billing shall be invoiced and paid “Net 30” (i.e. upon receipt of goods/services or the invoice, whichever is later).
In the negotiation meetings, TMS discussed the need to have the three day minimum invoice approved upon activation in order for our financing source to release the proper funds needed to support this endeavor. This is essential in order to ensure that sufficient upfront payments may be made to operators at the outset of a deployment. Your request now to reduce the minimum from 3 days to 2 days significantly reduces financing collateral to facilitate cash flow for the deployment. Further, having a sufficient minimum is important to ensure operators’ willingness to participate. Accordingly, we think the 3 day minimum should remain. We are willing to discuss this in further detail, as required.
Section 14: Senior VDEM Staff briefing
Prior to award of contract VDEM procurement/Logistics and TMS will develop a “quick fact sheet” of the contract details and specification for presentation to senior management.
A “VDEM ONLY” quick facts brief has been developed for briefing of the Governor and had many statements of “pending negotiation” with TMS listed. As we finalize the contract, both parties can continue to develop this document and produce a briefing for the Sr. Staff.
Risk sharing: If reimbursement from FEMA is not accepted, will TMS be willing to share said risk?
TMS Logistics requests additional clarification to the question concerning reimbursement risk sharing.
TMS Logistics understands the importance of our invoicing preparation and documentation. To the extent our invoicing procedures causes any problems, TMS Logistics will work with the Commonwealth and with FEMA to resolve those issues quickly.
As you are aware, The Stafford Act specifies all requirements necessary for the states to qualify for disaster relief reimbursement at either 75% or in some special cases at 100%.
Federal reimbursement is at risk if any of the following circumstances exist:
· No disaster is declared
· Motor coach evacuation costs are incurred outside of the emergency declaration dates
· Motor coach evacuationis triggered (started) and completed before/prior to landfall and may, but not likely fall outside the declared disaster dates
Note: there may be other issues, but these are the most likely to prevent reimbursement.
The emergency declaration would include all Category B under the Public Assistance Program, and as it relates to this contract, motor coach evacuation costs would/should be included in Category B cost.
Reimbursement is usually 75% of approved incurred costs. Someexceptions to this are on large disasters, the Federal reimbursement percentage may include 100% reimbursement if the services are provided in the initial 24 to 48 hours.
Reimbursement costs are based on contractual costs within FEMA's agreed upon cost tables.
One of the biggest risks to a state is if they pull the trigger for evacuation operations so far out, the storm changes direction and FEMA does not give the state a pre-disaster declaration.
We do not believe that given these Stafford Act requirements that TMS Logistics’ or any vendor is in a business position to share the reimbursement risk concerning the disaster declaration decisions between the affected state and FEMA. The state should anticipate that only up to the 75% will be reimbursed by FEMA and the state will be required to cover the remaining 25% of the cost incurred. These costs are not typically borne by the vendor. We request further discussion in regards to this topic.
Risk sharing will be removed from the table for any further discussion.
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