By William C. Peters
About five thousand times a year in this country, fire chiefs or truck committees sit down to write specifications for new fire apparatus. Typically, they do their research (hopefully!) as to the best type of product that will fill their needs and contact various manufacturers for demonstrations and sales presentations. They attend conferences and shows to get a feel for what is being produced and to “kick some tires.” Finally, they make their decision, but who writes the specifications? Most times, the committee decides the apparatus salesperson is the best candidate to write the spec. He’ll gladly put the specifications together, with your town’s name in all the right places, knowing that he can meet the spec without exception. Some requirements of your city’s administration might be included, such as a bid bond, performance bond, liability insurance, or warranty information.
I’m not condemning this practice; it has been used successfully for many years. But do you actually think the salesperson is going to put something in the “boilerplate” that could be detrimental to him and jeopardize his sale? Not likely!
You can always tell when the manufacturer wrote the specifications. The warranty section will include disclaimers such as, “This warranty shall not apply to apparatus that was used in an inappropriate manner,” or “operated off paved roads.” Think about it. Would you go into your local Ford dealer and tell the salesperson to include in the contract that you don’t want the three year/36,000-mile warranty to cover the vehicle if you drive it inappropriately? Not likely!
When the specifications are presented to the town administrator, elected officials, or purchasing department, additional “boilerplate” material, such as the date and time of bid, location, and procedure, is typically added.
What is considered boilerplate? In today’s era of information technology, a boilerplate is a unit of writing that can be reused over and over without change. The salesperson who produced your specifications has probably used the same language on the first couple of pages of your spec hundreds of times.
The term originally was derived from steel manufacturing, where boilerplate is steel rolled into large plates for use in steam boilers. The implication was that boilerplate language has been time-tested and strong as “steel,” or possibly that it has been rolled out into something strong enough for repeated reuse.
The term is also used as an adjective as in “a boilerplate paragraph.” Legal agreements outlining terms and conditions make abundant use of boilerplates. Some typical boilerplates include mission statements, safety warnings, commonly used installation procedures, copyright statements, and responsibility disclaimers.
Although boilerplates are considered “strong as steel” and can be reused over and over again without change, you are foolish to think that the term “one size fits all” applies to the fire truck industry. For example, in a set of specifications that I reviewed, the town engineer added his boilerplate material.
Let’s examine some of the actual requirements I found when I reviewed the bid document:
- “All excavations need to be protected by a safety fence.”
- “All trash must be removed from the work site at night.”
- “All explosives used in the project must be properly secured.”
I highly doubt that there will be any excavations near my new fire truck that need to be protected; I really don’t care if he keeps his plant clean or not; and, finally, if they are using explosives in the construction of my fire truck, I don’t want it! Believe it or not, when the engineer was challenged on his documentation, he was insulted and said that he used the very same documentation for years without anyone ever questioning it!
I refer to the “boilerplate” as the “general requirements” section of the specifications; sometimes they can be as important as, if not more important than, the construction specifications in determining who is the most responsible bidder. The general requirements set the minimum ground rules for the bid and, if properly composed, inform everyone of exactly what you want and how it needs to be supplied.
All items in the general requirements need to be practical, justifiable, and set minimum standards. They are not intended to be used to eliminate viable bidders.
When I speak of justifiable, how many specifications contain certain requirements of the bidder that the purchaser doesn’t understand? For example, many specifications indicate that the bidder shall meet ISO 9001 or 9002 requirements. If you ask truck committees what this means, most have no idea, and some might even mistake it for the Insurance Service Office (ISO), which rates fire defenses and sets insurance rates in the United States.
ISO (International Organization for Standardization) is the world’s largest developer of standards and is based in Geneva, Switzerland. ISO standards contribute to making the development, manufacturing, and supply of products and services more efficient, safer, and cleaner. The ISO 9000 series (typically used in the manufacturing of fire apparatus) is concerned with quality management. This system rates what the manufacturer does to enhance customer satisfaction by meeting customer and applicable regulatory requirements and to continually improve its performance in this regard.
Is an ISO-rated company desirable? Sure, as it shows commitment to customer satisfaction, but is it necessary to get a quality fire apparatus delivered to your community? Absolutely not. There are many quality builders out there that do not have the means or the desire to be ISO-rated but are just as committed to providing good products.
The moral of this story is, don’t use items in the general requirements that you don’t thoroughly understand, and question anything in the spec (with your fire department’s name on it) that you didn’t request.
Let’s look at some real boilerplate material and get started. I have been writing apparatus specifications for the past 19 years for the city where I worked and for consulting clients all over the country. I have probably experienced most situations that need to be addressed in the general requirements.
I firmly believe that you are the customer and you need to produce specifications that contain language to protect your fire department and community. No one owes anything to a bidder or manufacturer. Don’t confuse friendship with business. If a company can’t meet your justifiable requirements, then it should bid elsewhere.
The following general requirements are written in the format and style I like to use in my specifications. The material in italics is the actual verbiage of the spec. My comments and justification are in regular type.
I invite you to use this wording “as is” or modify it to meet your needs.
1-1 GENERAL
1-1-1 Bids are requested for one (1), custom fire pumping apparatus, with six- (6) person, full-tilt cab. The apparatus shall meet the requirements of the National Fire Protection Association Standard #1901 (2003 edition) in all respects for use as a pumper fire apparatus.
The first thing to identify is what this spec is calling for and compliance to the current edition of NFPA 1901, Standard for Automotive Fire Apparatus. The reason the spec says it will be used as a “pumper fire apparatus” is that the standard contains a chart that outlines the required chapters that apply to the type of apparatus being specified.
For example, if a department were to specify a “rescue pumper,” should it need to meet the pumper classification or the special service vehicle (rescue) classification? In this case, it would be a pumper because there is no such thing as a rescue pumper for the NFPA. It is one or the other, but it needs to be identified.
Another example is a pumper with an aerial device. Should it meet the pumper requirements or aerial requirements? That will depend on the hose loads, tank size, and number of ground ladders specified.
The statement that the apparatus will have a six-person cab is also required by the standard and needs to be supplied to the manufacturer up front.
1-1-2 Some items in the specifications exceed NFPA standards and will be considered minimum for compliance.
The NFPA standard is a minimum standard. Sometimes you will want to exceed the minimums. For instance, the ISO has different requirements for equipment and ground ladders carried on the apparatus than the NFPA standard. If you need to carry extra ladders to meet the ISO requirements, make your intentions clear in the spec. In another example, the standard allowance for miscellaneous equipment (all other equipment except hose and ground ladders) for a ladder truck is 2,500 pounds. You may have large compartments and intend to exceed the minimum quantity shown in the standard. The manufacturer needs to know that.
1-1-3 The bid price must remain valid for a period of sixty (60) days from the date of bid opening.
It could take up to 30 days to perform a thorough bid evaluation and present the elected officials or fire district with the fire department’s recommendations. In most cases, the contract has to be awarded at a public meeting. The actual contracts then need to be prepared and signed by both parties. This statement binds the bidder to holding its price for that time period.
1-1-4 Two (2) complete sets of bid documentation must be supplied, one marked “original” and one marked “copy.”
This is one to which most people don’t give much thought. Most purchasing departments and city administrators are very hesitant to let the original bid package out of their sight. It usually contains a bunch of legal documents with official raised seals, bid bonds, and so on. Having the bidder provide two copies of the bid allows the fire department to have a “working copy” of the bid package for examination and evaluation, without putting anyone at town hall through the task of trying to copy the material, especially oversized prints and drawings.
1-2 INTENT
1-2-1 It is the intent of this specification to describe the essential minimum requirements for construction and performance of the apparatus and associated equipment. Items not described in this specification for construction or performance, or in National Fire Protection Association (NFPA) Standard #1901 (2003 edition), may be accepted as the standard of the bidder, who shall be solely responsible for the design, construction and performance of apparatus and equipment.
The intent statement informs the contractor that you are describing the minimum requirements for this apparatus. Anything other than items contained in your specifications or the NFPA standard will be acceptable so long as the builder assumes responsibility for the design and performance.
1-2-2 The unit shall comply with all Federal, State, I.C.C., and D.O.T regulations, standards, and laws relating to commercial vehicles as well as to fire apparatus. The unit shall be able to pass a state motor vehicle inspection for commercial vehicles.
You want to ensure against noncompliance with published safety regulations that commercial trucks must meet, including those that might be particular to your state. For example, California law requires a minimum of one steady burning red light facing front and one flashing amber light to the rear for an emergency vehicle. This is not required in NFPA 1901, but the state law supersedes the standard, and it is up to the builder to identify these requirements and produce a compliant product.
1-2-3 Any error, omission, or inconsistency that is identified by the bidder shall be listed as such in the exceptions, and a proposal to meet the intent of the specifications shall be listed.
This is a very important item of protection in your specifications. If the apparatus builder locates an item in your spec that is not consistent, or something that was inadvertently omitted, it puts the responsibility on the builder to identify the item(s) in the exceptions and explain how it intends to deal with them.
Two examples come to mind. If you were copying a manufacturer’s spec and forgot to include an item like the split-shaft transmission that drives the pump, it would be up to the bidder to identify that the engine, transmission, pump, plumbing, and discharges are all there, but not the pump transmission, which the builder would need to include and identify as an exception or clarification. This could save you the embarrassment at the preconstruction conference when the manufacturer says you will owe an additional $10,000 for the generator you forgot to include to power the light tower, cord reels, power panel, and receptacles. In many cases, the manufacturer sends a written request for instructions on how it should proceed with its bid (if there is time), but you still want to be covered.
Another example comes from a legal case I worked on. There was a major inconsistency in the customer’s specifications when adding the width of the lower left, lower middle, and lower right compartments vs. the width of the upper left compartment, hosebed width, and upper right compartment. The manufacturer did not identify this problem and built the apparatus to the width of its choosing. This resulted in the rejection of the apparatus at final inspection and a subsequent lawsuit.
1-3 MANDATORY AND OPTIONAL WORK
1-3-1 All items listed in the specifications are to be considered mandatory except items in Chapter 10, which are options that the fire department may choose to include.
This paragraph accomplishes two things. First, it tells the bidder that items in the body of your specification are mandatory. Second, it lays the groundwork for an “option chapter,” that includes a list of items you may or may not choose after the bid.
Using an option chapter is a great way to get the most fire truck for the funding available. When you do sample specs, you can usually get a ballpark price from the salesperson, but often, the bid price lands out of the ballpark and into the parking lot. This puts the fire department in a very precarious position. If it includes many “nice-to-have” options or loads the apparatus with equipment, it risks being over the funding allocated by the municipality. In most cases, this would be cause to void the bids and start over.
Since no one likes to leave money on the table by playing it safe, one way to overcome this problem is to create an option chapter. The option chapter could include features you might want on the apparatus but could live without, such as a light tower or foam system. It could also include items of equipment such as new hose or self-contained breathing apparatus (SCBA).
When you compose the pricing page, it should state, “The apparatus as specified,” then each item that was listed as optional. Using this method, you can subtract the price of the apparatus from the available funding and include whatever options and equipment that bring it up to the sum available. You should be aware that you might not be getting the best pricing on the optional equipment, as some apparatus dealers handle certain products of equipment and the others might need to be obtained at list price.
1-3-2 Any person bidding on this project must agree to price and perform all work, and furnish all equipment listed in both the specifications and the options.
This is simply telling the bidder that you expect his bid to include everything in your specifications and it needs to expend the effort to price the options and equipment.
1-3-3 The bid price that is used to determine the lowest responsible bidder shall include the price of the apparatus only and not the options.
Since the options and equipment are not definitely going to be supplied, the only fair way to evaluate the bid is to base it on the apparatus that was specified and any equipment required to be supplied.
1-4 APPARATUS DELIVERY TESTS
1‑4-1 The road and pump tests required are those specified in NFPA Standard #1901 and Chapter 9 of this specification and shall be conducted by the bidder at the time of delivery to the purchaser in the presence of the accepting authority.
The road tests in NFPA 1901 are typically quite easy to meet for most modern fire apparatus with large engines. NFPA 1901 requires you to attain 35 mph within 25 seconds from a standing start, reach a top speed of 50 mph, and maintain a speed of at least 20 mph on any grade up to and including six percent.
Many specifications outline local road tests that must be met. Some give a specific street in the jurisdiction with a steep grade and indicate that the apparatus must reach the top of the hill in a specified time period from a standing start. Others specify certain grades that are available and require the apparatus to park on the grade without rolling. Almost everyone includes a higher top speed than 50 mph. You should outline your local requirements and include them in a testing chapter in your specifications.
In many cases, a drafting location is unavailable at the point of delivery. I always require a mini pump demonstration as well as third-party pump test certification at the final inspection. This generally satisfies validating the pump test. Manufacturers have to make special provisions for pumpers to draft at higher elevations. Departments located at elevations of greater than 2,000 feet should insist on a pump test on delivery to ensure compliance.
1-4-2 In the event the apparatus fails to meet the test requirements on the first trials, second trials may be made at the option of the bidder within thirty (30) days of the date of the first trials.
As the requirement states, if the apparatus fails the first test, the manufacturer has up to 30 days to correct the problem before the apparatus is declared unacceptable.
1-4-3 Such trials shall be final and conclusive, and failure to comply with these requirements a second time shall be cause for rejection.
This paragraph informs the bidder in no uncertain terms that the apparatus will be rejected if it can’t perform the tests after 30 days.
1-4-4 Keeping or storing the apparatus in any building owned or occupied by the purchaser during the above specified period, with the permission of the bidder, shall not constitute acceptance. Insurance covering loss, theft, or liability shall remain the responsibility of the bidder until formal acceptance is completed.
This paragraph is telling the bidder that parking the apparatus at your shop or fire station does not constitute acceptance. Ownership and responsibility remain with the bidder until formal acceptance is complete.
1-5 ACCEPTANCE
1-5-1 Acceptance of the delivered apparatus and equipment will be made at completion of all required tests, inspections, and receipt of all specified equipment. Equipment items not delivered at the time of the tests, or construction not in conformance with the proposal will be cause for the accepting authority to withhold payment until delivery is complete and acceptable.
This establishes that formal acceptance will take place when the apparatus is delivered, tested, and inspected and all equipment is supplied.
1-5-2 The finished apparatus will be inspected upon delivery for compliance with specifications, change orders, and previously authorized exceptions. Deviations will not be tolerated and will be cause for rejection of apparatus unless they were originally listed in the bidder’s proposal or previously approved.
It is extremely important that any bidder on an apparatus project understand clearly up front that you mean business. I have seen bids where one bidder will take no exceptions even though the specifications were written closely around another manufacturer’s product. You know, and the bidder knows, that there is no way to supply the apparatus as specified. Many times the bidder will rely on trying to get the award strictly on low bid.
Sometimes when the inspection process begins, the bargaining starts. “Close enough” might be OK for horseshoes or grenades but not when you are purchasing fire apparatus. The bidder can declare “exceptions” for items that it cannot meet in the specifications. Putting a stern warning in the general requirements and enforcing will help ensure honesty in the bid.
1-5-3 Liquidated damages in the amount of $200.00 per calendar day, beginning the day after the declared delivery date, shall be deducted from the final payment until the apparatus is considered acceptable.
Including liquidated damages is another tool to help ensure compliance.
1-5-4 If after 30 days, the apparatus is not brought up to compliance, the bidder may be considered in default of the contract, and the procedures to institute the provisions of the performance bond may be started.
In legal language, this term is referred to as the “time to cure.” If there was no amount of time defined before declaring the apparatus unacceptable, the bidder could take an unspecified amount of time to try to attain compliance and acceptance. Also notice that the statement says the “bidder may be considered in default of the contract ….” This gives you the option of working with the manufacturer before actually declaring the apparatus unacceptable.
1-6 BODY CONSTRUCTION MATERIAL
1-6-1 It is the intent of the Anytown Fire Department to accept an apparatus of aluminum or stainless steel body construction only.
1-6-2 A full description including grade, thickness, and tensile strength of the proposed material for body construction must be included with the bid.
Apparatus bodies can be constructed of aluminum, stainless steel, galvaneal steel (galvanized), or plastics. Some manufacturers offer a variety of materials and others specialize in a single type. Aluminum and galvaneal are similar in price whereas stainless steel generally costs more. This paragraph lays out the types that are acceptable to the fire department.
Aluminum and stainless steel are the most resistant to rust. Galvaneal can develop rust in areas that have been cut or welded and not properly refinished. This sometimes happens in concealed spaces where it is difficult to reach. If you have a preference for one, specify it. If you are willing to accept more than one, state it. Make a section in your specifications available for the manufacturer to insert the requested material description.
1-7 CAB CONSTRUCTION REQUIREMENTS
1-7-1 The cab shall be a fire apparatus custom, tilt type, constructed of aluminum. No alterations or additions to commercial chassis shall be permitted.
1-7-2 A full description including grade, thickness, and tensile strength of the proposed material for cab construction must be included with the bid.
These paragraphs outline the basic requirements of the cab. Just like the body, several materials are available; aluminum is the most common. They also clearly state that the cab is to be a “custom cab,” meaning one built exclusively for the fire service. They also clearly state that a commercial chassis is unacceptable.
1-7-3 Testing results of cab crash worthiness shall be supplied with the bid.
Most manufacturers test their cabs to certain regulations; however, it is not required in NFPA 1901. Some commercial cabs might not meet some of the crash worthiness testing criteria listed below. If you desire, the following language can be substituted for your general requirements to ensure cab testing compliance:
1-7-3 The cab shall be certified to meet or exceed European Occupant Protection Standard ECE regulation No. 29, SAE J2422 cab roof strength evaluation, and SAE J2420 COE frontal strength evaluation.
1-8 SINGLE MANUFACTURER
1-8-1 The apparatus cab, body, and chassis are to be manufactured by one builder, or separate divisions of one manufacturer, to ensure compatibility, serviceability, and to eliminate divided responsibilities. The use of subcontractors for the manufacturing of the cab body or chassis (other than component parts) is prohibited.
This is a controversial and restrictive paragraph to put in your specifications; however, sometimes it meets the fire department’s needs. This limits bidders to the larger manufacturers who make their own cab, chassis, and body. In many cases, this can help eliminate divided responsibility for warranty issues. These conflicts arise where the bidder blames the chassis manufacturer and the chassis manufacturer blames the way the bidder used its product or how the bidder connected options and accessories.
Obviously, this is not the “be all/end all.” There will still be conflicts among component manufacturers (engine, transmission, and pump) and the chassis builder, but they could be present in either case. There are a number of quality builders who purchase a fire service chassis and build a good apparatus that this paragraph could eliminate, but there are also a number of “questionable” representatives who might not be available in a few years to provide service and parts. It is strictly your decision as to whether you want to open the bid to anyone selling fire trucks or stick with the major brands.
1-8-2 Statements indicating that the bidder’s service center will honor all warranties or that a chassis is manufactured to bidder’s specifications do not comply with the intent of this requirement.
Sometimes a bidder will try to skirt the sole source issue by including a statement that its service center will perform all warranty work. That is good; however, another problem arises when the service center needs authorization for a warranty claim and the finger pointing starts. As I said above, this is your call!
1-9 PAYMENT TERMS
1-9-1 The Anywhere Township Fire Department will accept NO contract form that requires down payments, progressive payments during construction, or contracts with escalator clauses. Terms of payment shall be 100 percent payment after acceptance of the vehicle. (See 1-5 for terms of acceptance.) No other terms shall be acceptable.
There are several ways of paying for the apparatus after acceptance takes place. The first and foremost is cash on delivery (COD). When the salesperson delivers the apparatus, he expects to leave with a check. A good majority of the time, this is the case.
1-9-2 Bidder shall be aware that it can take up to thirty (30) days to process payment.
In some cities, processing for payment will only begin after delivery is complete. The bidder must know that up front. Also, be aware that the bidder still owns the apparatus during this payment period and you cannot legally use or conduct unsupervised training with the vehicle. A substitution for the payment terms is shown below.
substitution PAYMENT TERMS
1-9-1 In order to take advantage of pre-payment discounts, the Township of Anywhere will consider making partial payments for certain completed components.
1-9-2 The bidder shall list the following with its bid:
Some purchasers take advantage of certain discounts by making a prepayment when one or more of the components is complete, such as the chassis or aerial ladder. It is especially common when the chassis is being purchased by the bidder from another manufacturer. If the purchaser pays for the chassis at delivery, it will save the bidder from paying for it and waiting until the apparatus is complete, or paying the interest on it until it collects (see 1-9-3 below).
Another method is using prepayments where a downpayment is made, a second payment is made at a certain interval, and final payment is made at acceptance. Purchasers can realize reasonably good discounts when paying in this way. Check the purchasing laws of the community, because some states prohibit making downpayments.
1-9-3 For the financial protection of the purchaser, a fully paid invoice must be provided showing ownership of the paid component(s).
If you pay for the chassis or a component, such as the aerial ladder, be sure that you get the title to the vehicle or at least a paid receipt verifying the chassis serial number and that you are the owner. There have been cases where apparatus manufacturers have gone out of business and chassis that were paid for by customers were confiscated in the bankruptcy proceedings and sold to satisfy debt. Recently, a fire department was notified that the local sheriff had a repossess order for its new fire truck. Evidently, the department paid the builder for the chassis and received delivery of the new truck, but the bidder used the money elsewhere, and the chassis manufacturer was never paid.
1-9-4 The bid amount shall be considered 1-9-2 #3 above, providing the stipulations cited in 1-9-3 will be met.
This just means that as long as the bidder agrees to provide you with the documentation of ownership, you will consider the discounted price as the bid price.
1-9-5 All certificates of origin are to be transferred to the Any-State Motor Vehicle title in the name of Township of Anywhere, by the vendor and delivered with the apparatus. There will be no trade-in on units currently in service.
This is more protection for purchasers who intend to pay COD, stating that the manufacturer will have a title originated in the state where it is delivered. The second sentence just informs the bidder that there will be no traded apparatus.
1-10 BUILT IN U.S.A.
1-10-1 All major components must be built and assembled in the Continental United States (engine, cab, chassis, and body).
Some states require that products supplied are produced in the continental United States. If it is not required, you can leave or disregard this section.
1-11 BRAND NAMES
1-11-1 Whenever a brand or manufacturer’s name is utilized in these specifications, it is included for descriptive purposes and to establish a level of quality. Products that are equivalent to those named may be proposed, providing that full supporting documentation is furnished (see 1-12-2) establishing such equivalency. Simply providing manufacturer’s literature WILL NOT be considered justification for the substitution.
It is very important to require documentation establishing equivalency. Sticking a cut-sheet from a catalog in the proposal is not considered establishing equivalency. After all, the compliant bidder could have saved a bunch of money if it didn’t bid the valves you specified but just arbitrarily decided to swap them for a cheaper version.
1-11-2 All substitutions must be listed as exceptions for evaluation.
It is also important that all bidders understand that they can’t just disregard your specifications and sneak in subtle little changes in the proposal. They must be listed as “exceptions,” including the reason for the change. Just because it’s cheaper is not a valid reason.
1-11-3 The fire department representatives shall be the sole judge if the substitution is acceptable as an equivalent.
As I said before, you are the customer, and you should not be forced to accept a substitution with which you are not comfortable if there is a valid reason the product you selected cannot be used-for instance, the “Smith valves” are too large to fit in the area where they need to go or if they are made of noncompatible material, then the exception might be justified. If it is strictly cost, it’s not fair to the compliant bidder who could have saved the same cost by bidding the lower-quality product.
1-12 EVALUATION & EXCEPTIONS
1‑12-1 In order to properly evaluate all bids, the bid check list in Section 3 of these specifications, indicating compliance or lack thereof for each item of the specification, must be completed and returned with the bid.
When I write specifications, I include three sections: the general requirements, construction specifications, and a bid evaluation checksheet. Each item in the spec is listed, and a yes/no column is provided. There is a section to list exceptions for any “no” answer, and each page requires a signature of the submitting party.
1-12-2 Any exception or variation in construction, performance, test, or items of equipment between the purchaser’s specifications and bidder’s proposal shall be detailed and submitted on sheets provided along with the Bidder’s Proposal, in bid sequence, and citing page and paragraph number. Bidder must explain in detail, and with full supporting data, how the proposed deviation meets or exceeds the specifications and why it is necessary.
The “exception” paragraphs are very specific; if the bidder complies, you get a complete picture of exactly what is being bid. Just like the brand names paragraph, the bidder needs to explain how a substitution meets or exceeds the spec and why it is necessary.
1-12-3 The purchaser reserves the right to determine which (if any) deviations are acceptable.
This is your truck, and you should have the right to determine if an exception is acceptable. This also gives you some latitude to bargain. If you have a low bidder and its bid is acceptable except for those darned “Jones” valves and it agrees to supply the “Smith” valves at no additional cost, you can reject the exception and accept the proposal. Once again, all of this is contingent on the purchasing laws and regulations in your jurisdiction.
1-12-4 A complete set of contractor’s specifications of the proposed apparatus must be submitted with the bid, in bid order. SUBMISSION OF THE CONTRACTOR’S SPECIFICATIONS IN BID SPECIFICATION ORDER IS A REQUIREMENT, NOT OPTIONAL. “Yes” answers on the bid evaluation sheets do not relieve the bidder of the requirement to submit an accurate proposal.
You can ask for the proposal to be in bid order, but generally if it’s close, you’re lucky. The important points here are that a written proposal must be presented and that it must be accurate. Sometimes a bidder will check “yes,” indicating compliance on the bid evaluation sheets, but when you read the proposal, it might only partially comply. If it doesn’t fully comply with your requirements, an exception or clarification is necessary to explain exactly what is being provided.
1-12-5 Discrepancies found in the contractor’s specifications will be considered noncompliant.
It should not be up to the purchaser to pick out every difference. If the bidder is checking “yes” and describing something different, that is considered noncompliant.
1-12-6 General layout drawings, showing the front, rear, left, right, and top view of a representative apparatus must be submitted with the bid for the purpose of comparison.
Some specifications call for exact engineering drawings of the apparatus being proposed, showing every light and accessory mounted. This is basically unfair to a person picking up your spec “cold” and wanting to bid on it and gives an unfair advantage to a salesperson who has been working with you. A fair compromise is a general layout drawing. All salespeople can provide a drawing of what their cabs and the proposed bodies will look like when finished, either from a previous sale or from stock drawings. As long as a drawing is representative of the size and shape of the rig, it should serve the purpose of allowing you to visualize the layout.
1-12-7 The purchaser’s specifications shall, in all cases, govern the construction of the apparatus, unless a properly documented exception or deviation was approved. ANY BID INDICATING THAT THE MANUFACTURER’S PROPOSAL SHALL SUPERSEDE THE PURCHASER’S SPECIFICATIONS WILL BE CONSIDERED A COMPLETE SUBSTITUTE SPECIFICATION AND IMMEDIATELY REJECTED.
This is an extremely important lesson that I learned many years ago. I went through all the bother to research and write a specification that would fit the needs of my city, and a bidder submitted a proposal that did not comply. Very few exceptions were taken, but a form letter was included that said more or less, “We tried to meet the intent of your specifications, but if there is any conflict, we are going by our specifications.” If any bidder tries to include this in a proposal, it should be considered a complete substitution, and the bid should be rejected. This paragraph also comes in handy as a reminder at the preconstruction conference when a sloppy salesperson fails to include everything in your spec and tries to say it wasn’t in his proposal. If it’s not taken as an exception, he needs to supply it.
1-13 PROTOTYPE APPARATUS
1-13-1 No prototype or experimental apparatus will be accepted. The builder must demonstrate that it has successfully produced and sold apparatus, of the same design and of the same material in the past two years. Total exception to bid specifications will be cause for immediate rejection.
Buying the “first” of anything is risky business. Someone has to, just as long as it’s not you. Taking total exception to the bid specifications is an immediate rejection.
1-14 MANUFACTURER’S RELIABILITY
1‑14-1 The manufacturer must be satisfactory to the Anywhere Fire Department, from the standpoint of experience, reliability, and demonstrated ability to manufacture equipment, comparable as to size and type as specified for the past five (5) years. A list of fire departments, located in the State of Any-State that have purchased the same type of apparatus from the bidder over the past five years must be supplied along with the bid for physical evaluation.
Most specifications require a list of references, but rarely do purchasers call to find out how the rig is doing. Pick a few references off the list and call. Sometimes you might be surprised that a particular department is listed, especially if it has been having warranty problems. I think that in most cases the bidder is gambling that you will be like the other 99 percent and not call the other fire departments on the list.
1-15 THE RIGHT TO REJECT BIDS
1-15-1 The Anywhere Fire Department reserves the right to reject any and all bids received and accept any bid which, in its judgment, best serves the interest of the community.
This is just some legal language found in every bid to give you the right to pick the best product for your community. It does not let you off the hook for eliminating the low bidder without proper justification.
1-16 BID BOND
1-16-1 A bid bond or certified check in the amount of ten percent (10%) of the bid (not to exceed $20,000) shall be furnished with the bidder’s proposal. The bond will ensure that the bidder will enter into contract and submit a performance bond within 14 days of notice of award of contract. The successful bidder’s bid bond will be returned or released after a contract is executed and an acceptable performance bond has been delivered. In case of failure to comply within the stated time, the bid bond will be forfeited as liquidated damages because of the default.
A bid bond simply says that if you choose the bidder for contract award, the bidder will enter into a contract and supply a performance bond (if required). You might ask, “Why wouldn’t it enter into a contract?” Sometimes when bids are received, you might have two or three that are fairly close in price and one that is extremely low. After investigating, the bidder finds that there was a mistake in the pricing or it left out the pricing on a very expensive component. In another case, the bidder has been awarded the contract but is having a difficult time getting a performance bond. In either case, the project might need to be rebid, which could cost the city in the rebid process or in increased pricing that might have occurred between bids. In either case, the bid bond could be forfeited as payment for default.
1-16-2 The bid bond or check of all other bidders will be returned after bids are opened and evaluated.
The other bidders will need to be informed, and their checks will have to be returned or their bonds released if they are not the successful bidder.
1-17 PERFORMANCE BOND
1-17-1 A performance bond in the amount of one hundred percent (100%) of the bid shall be furnished by the successful bidder within fourteen (14) days after receiving the official notice of award of contract. Failure of the contractor to complete delivery according to the contract and specifications will be cause to begin action for forfeiture of performance bond.
A performance bond is issued by an insurance or bonding company, guaranteeing that the bidder will fulfill the contract and provide an apparatus according to specifications. If the bidder defaults- because it goes out of business, for example- the bonding agency will ensure that you will get a comparable product at the same price. It will assume any price increase or administrative fees involved in completing the delivery.
A performance bond is also a good tool if the apparatus is delivered late or is not in compliance with the specifications. I have been involved in a case where the bonding company entered into a dispute and tried to mediate a solution it thought was reasonable for the bidder and the purchaser.
Another thing to understand is that a performance bond costs money. All bidders are adding the cost of the bond into their bid price. The more reliable the contractor, the lower its bond cost. If a bidder has a history of defaults or problems, its bond rate will be higher, if it can even get a performance bond.
A performance bond is essential for your protection if you have any downpayment or progressive payment involved. In case of default, you will be covered. If you are purchasing an apparatus COD and have nothing but the time that you invested, you can save some money if you delete the performance bond requirement. I always include it as just one more “tool” on your side to deal with problems.
1-17-2 The bond shall also guarantee compliance and performance with the warranty provisions of the specifications.
The performance bond can also be required to cover the basic apparatus warranty. It gives you someplace to turn if you fail to get a satisfactory response from the manufacturer. Just like having an accident with your car, claims against a performance bond will most likely increase the manufacturer’s bonding costs.
1-18 BOND SUPPLIERS QUALIFICATIONS
1-18-1 The bonds furnished by the successful bidder shall be from a surety company authorized to underwrite surety bonds in the State of Any-State with a minimum AM Best rating of “A.” Purchaser may review the financial condition of the surety and accept or reject any surety at its discretion. Sureties must submit bonds in a form that will be subject to the approval of the purchaser.
This requirement sets a standard for the bonds being submitted. You want to be sure that the bonds are issued by a reputable bonding company with assets and a good rating. Visit the AM Best Web site, www.ambest.com, follow the instructions, and receive the rating (A, A+, A++, and so on) of the bidder’s bonding company without cost.
1-19 PRODUCT LIABILITY INSURANCE
1-19-1 Product liability insurance of not less than $5,000,000.00 shall be supplied by the bidder. Documentation of the amount of product liability carried by the manufacturer and the name of the insurance carrier shall be provided by the bidder at the time of bid submission. The successful bidder shall defend any and all suits and assume liability for the use of a patented device or article forming a part of the apparatus furnished under the contract. Failure to supply a copy of the Certificate of Insurance with the bid will be cause for immediate rejection of the bid.
Product liability insurance used to be a big “eliminator” in the bidding process. One company would get $5 million dollars of liability insurance, and the next would get $10 million dollars, and on it went. While I really think that in an apparatus accident, everyone is going to get sued, regardless of how much is listed in the bid, having a liability insurance requirement in the spec is important for another reason-it tends to show financial stability.
I once had a bid for two pumpers, and the low bidder did not include a liability insurance certificate with the bid. I was seriously considering awarding the bid and thinking that it might have been an oversight, I called the company and it absolutely refused to provide any insurance information. When asked why, the gentleman told me that if the company told anyone how much insurance it had, it could be sued for that amount. That explanation was total nonsense, and the bid was eliminated. The company was out of business in six months.
1-20 MANUFACTURER’S SOLVENCY
1-20-1 The solvency of the manufacturer is a prime concern to the Anywhere Fire Department. Each bid must include a financial statement from Dun and Bradstreet or other nationally recognized accounting firm.
This is another requirement that can help you determine if the bidder is solvent or on the verge of bankruptcy or if there are any lawsuits pending against it. Larger corporations generally have no problem supplying this type of information. Privately held companies usually refuse to disclose financial details about their business holdings.
Dun & Bradstreet routinely rates businesses and maintains an ongoing database of thousands of companies. For a small fee, you can view the credit rating and business profile of almost any business at www.dnb.com. Once again, this is another “tool” that can be used to rate a potential bidder.
1-21 FACTORY-AUTHORIZED SERVICE FACILITY
1-21-1 In order to maintain this complex piece of apparatus, the experience and reliability of the factory-authorized service center is of major concern to the Anytown Fire Department. The service facility must comply with the following criteria in order to be considered.
Having a service facility to keep your new apparatus properly maintained and having the ability to perform warranty service in a timely fashion should be two big considerations when deciding on awarding a bid. Therefore, it is necessary to outline some minimum requirements for the facility expected to perform these vital services.
1-21-2 The facility must have a minimum of five (5) years experience repairing and maintaining fire apparatus of the make and type of apparatus being bid.
This is an arbitrary number to establish a level of experience. I once had a bid that included the name and address of the factory authorized “service center” that I didn’t readily recognize. When I went to the facility, I found that it was a converted gas station and the service center primarily repaired ambulances. The service bays were not long or tall enough to fit a pumper, not to mention an aerial apparatus. Further investigation showed that this “authorized service facility” had only received its “authorization” weeks before, when it agreed to represent the manufacturer for this particular bid. It did not have personnel experienced or qualified to work on fire apparatus.
1-21-3 The facility must be within (XX) road miles of Anytown.
This is another arbitrary number based on the availability of service facilities within your region. In northern New Jersey, we are fortunate to have service centers for most of the major manufacturers in the area. If you are in the Midwest, road miles might not be applicable. In that case, performance criteria for warranty work are more appropriate.
1-21-4 Adequate indoor heated facilities and a minimum of four (4) factory-trained technicians to perform repairs, including power train, chassis, pump, generator, and controls must be provided.
As the example above shows, it is important that the service facility be of sufficient size to house modern apparatus and that a sufficient number of factory-trained technicians be available to provide service. The number of technicians doesn’t necessarily have to be four, but I would opt for more than a one-man shop.
1-21-5 A minimum of one (1) fully equipped mobile shop van must be available at the service center location for warranty work at the fire department.
Having a mobile shop vehicle is essential for warranty and service work at your facility. Sometimes a bidder will have contracts with various local apparatus repair companies that are qualified and equipped to provide swift and efficient service at your location, which is fine, just as long as it’s not something like Bob’s Washing Machine and Fire Truck Repair.
1-21-6 The bidder shall submit the location, description, and recent photos of the service center and mobile service unit(s) along with the bid.
This requirement can save you some time when you evaluate your bids, especially if the repair facility is not local. As they say, “A picture is worth a thousand words!” Examine the photos to see if the facility is large enough to fit fire apparatus and if the service vehicles appear to be stocked with routine repair parts.
1-22 REPLACEMENT PARTS
1-22-1 The bidder must ensure that a stock of routine repair parts is maintained at the service center location cited in Paragraph 1-21. The fire department reserves the right to reject bids of vendors who cannot produce satisfactory evidence that this inventory is available and that they can furnish promptly all other parts needed for service or repair of the equipment herein specified.
Finding repair parts for fire apparatus is quite often a problem that can lead to long out-of-service times. You should require that the repair facility maintain routine parts for the swift repair of the apparatus. Items like valve rebuilding kits; electrical components; and some cab and body hardware, like door and compartment latches, are not unreasonable. You might want to avoid a facility that needs to order every nut and bolt from the factory.
1-22-2 The fire department reserves the right to visit the facility for the purpose of evaluation and reject any bidder that, in its sole opinion, does not fully comply with the provisions of paragraphs 1‑22 and 1‑23. NO EXCEPTION WILL BE CONSIDERED FOR EITHER PARAGRAPH.
Service after the sale is one of the most important considerations when awarding a fire apparatus bid. You are going to need to have this vehicle repaired for the next 20 years, and you must be comfortable that the bidder can meet that requirement. Do your research. Check out the proposed facilities. Call other fire departments that have the same brand of apparatus, and solicit their comments on receiving warranty and service work. If you get bad responses and have the feeling that the transaction will result in a “love’em and leave’em” situation, evaluate the next bidder.
1-23 DELIVERY TERMS
1-23-1 The apparatus shall be delivered by the bidder under its own power, within (XX) calendar days or (XX) months from the date of notice of award, with all equipment specified to Anytown, USA (rail or truck freight not acceptable).
This first paragraph establishes the timeline that you want delivery of the apparatus. The next paragraph allows the bidder to submit its firm number of days until delivery.
It is important to note that the paragraph calls for calendar days and not business days. This will give you a more accurate estimation of when the actual delivery will take place, including weekends, holidays, and sometimes plant closings for specified periods of time.
The requirement for the apparatus to be delivered from the factory under its own power, and not by train or flatbed truck, allows for a break-in period.
1-23-2 Bidder must submit a firm delivery time (number of calendar days from date of order to date of delivery) of said apparatus with its bid. Quoting number of days after receipt of all components is unacceptable.
The first paragraph established when you want delivery. This paragraph establishes the bidder’s response as to when it can deliver the vehicle. Sometimes the shortest possible delivery date might be critical, such as when the apparatus it is replacing is permanently out of service because of a major mechanical problem or accident. If this is not the case, then it is fair to allow the manufacturer to project the date on which it can deliver.
The sentence about quoting the number of days after receipt of all components is there to protect you from getting a false or misleading time quote. This is especially true when a purchased chassis, either custom or commercial, is being used. When the bidder is assembling its bid, it can get an accurate estimation of when it can expect delivery of the chassis for the project. In the past, some bidders were hesitant to include this information, as they may have been on hold because of being behind on payments for previously supplied chassis and couldn’t adequately predict when this difficulty would be resolved. This makes sure that you won’t be “on hold” either.
1-23-3 A deduction of $200.00 per day may be made for each day over and above the quoted delivery date. The liquidated damages for delay will also apply if the unit is delivered and rejected until the unit is returned meeting specifications.
A penalty or liquidated damages clause is not put in the specifications so you can make money or earn a discount on the apparatus purchase. It is kind of like the lock on your front door-it’s there to keep an honest person honest. Without some form of penalty, if you ask for delivery in 180 days, a less than straightforward bidder will respond that you will get the rig in 180 days. When you are up to 300 days, it will tell you that it will be ready “any day now,” and you will have no recourse other than to wait for delivery. If there are some damages to be paid for late delivery, you are more likely to get a more precise delivery date.
You may have noticed the bold word “may” in the first sentence. The reason for that is it gives you the ability to waive the requirement if there is an honest reason the delivery might be delayed. In addition, the most important thing should be a quality delivery. You don’t want the builder to have to rush a paint job or haphazardly have lettering applied to meet an artificial deadline. You should also be aware that adding a penalty clause will most likely result in the manufacturer’s adding 30 or more days to the projected delivery time as an element of insurance.
Another question I am frequently asked at apparatus purchasing seminars is, “If we put in a penalty for late delivery, do we have to put in a discount for early delivery?” The answer is no. Sometimes a discount is included in the contract for early delivery, but that is strictly up to the purchaser. In one case, an airport was renting a crash truck for a good sum of money per day and included an early delivery bonus so it could stop the rental payments. Early delivery bonuses are common in construction projects such as road and bridge building where the public is being inconvenienced. I would just be happy if the bidder honored the date in the contract.
You can also expect that the bidder will include some language referring to strikes, fires, floods, and acts of God that will exempt it from the penalty.
1-24 PRE‑DELIVERY SERVICE
1-24-1 After transportation from the factory, and immediately prior to delivery, the apparatus shall receive a pre-delivery service consisting of engine oil and filter change, chassis lubrication, fuel filter(s) changed, adjustment of engine to manufacturer’s specifications, complete inspection including all electrical and mechanical devices for proper operation, and correction of leaks or obvious problems. In addition, the unit shall be cleaned and fully detailed.
The reason for the pre-delivery service is to prepare the apparatus for delivery after it is driven from the factory. The engine oil and filters were installed when the chassis was constructed and have undergone a pump test as well as a drive from the facility. This also requires the local dealer to inspect for any leaks that might have developed, to check out all of the systems to ensure proper operation, and thoroughly clean the unit for delivery.
1-24-2 If the location of the manufacturer is 300 miles or less, the service shall be performed six months after delivery.
Sometimes the builder is extremely close to the customer, and an oil change is unnecessary. When this is the case, it calls for the service to be done after the apparatus has been in service for six months.
1-25 FACTORY INSPECTION TRIPS
1-25-1 The successful bidder shall make arrangements for a minimum of three (3) factory inspection trips of three (3) personnel each, for the purpose of 1) pre-construction conference for bid apparatus, 2) inspection of complete chassis, and 3) final inspection before delivery of unit.
Factory inspection trips are essential to help ensure a good delivery. (See article on factory inspections in this issue). This first paragraph outlines the number of members going on the inspections, the number of inspections, and the reason for each.
The preconstruction conference allows the customer and the manufacturer to go over every item in the specifications to be sure the manufacturer understands your desires.
The completed chassis inspection is not quite as important as the other two unless the manufacturer is purchasing a chassis from another source. When a sole source builder is manufacturing the chassis, it is likely to be complete only about two to three weeks before the entire apparatus is done so there isn’t much to change. If a purchased chassis, either commercial or custom, is being used, it gives the purchaser the opportunity to be sure that the chassis contains all of the items in the specifications, and it is more likely that adjustments can be made if difficulties exist.
The final factory inspection is the time the entire apparatus is examined and tested to ensure compliance with the specifications.
1-25-2 The cost of the trips SHALL NOT be included in the price of the apparatus. Inspections are to be billed to the fire department by the dealer after each trip on an invoice detailing all expenses.
Factory inspection trips cost money and, depending on where the customer is located in relation to the manufacturing facility, the cost could vary widely, creating an unbalanced final price. For example, when leaving from New Jersey, it is much more costly for airfare to the Midwest than it is to go to Florida. So, a bidder in Florida has an advantage. The opposite is true when the customer is from the Midwest. Having the cost of the trips not included in the bid price levels the playing field.
Since the local dealer is used to arranging factory trips and knows what the factory scheduling situation is, it is wise to have it set up the trips and bill the fire department after each trip.
In some places, the funding for the trips is unavailable in the fire department or municipal budget. If that is the case, the following substitute wording should be used:
1-25-2 All costs associated with the factory inspection trips SHALL be included in the bid price of the apparatus.
1‑25-3 Trips shall be of a minimum three (3) day duration and include all commercial transportation, meals and lodging, and be conducted during normal business hours, Monday to Friday.
This simply outlines the minimum amount of time you will need to conduct the inspection and what costs need to be included in the price. If you have a multiple vehicle delivery, allow extra time for the final inspection and testing.
1-25-4 The apparatus must be in finished condition and ready for shipment (except for the mounting of loose equipment) when the final inspection is scheduled. Placement of equipment will be completed at the final inspection.
I once went with clients to inspect an aerial platform, and when we arrived, the third-party testing company was still testing the aerial ladder, headlights and body lights were not yet mounted, the interior was not finished, and there was no ground ladder bank or ladders on the apparatus.
Airline tickets are less expensive when travel is booked several weeks in advance. Sometimes this can cause a problem, as the apparatus might not be completely finished when you arrive. You have the absolute right and duty to inspect a complete apparatus. The salesperson needs to know that it is your intention to inspect that apparatus when it is done. If something happens that prevents this, he needs to reschedule the trip.
On the aerial platform trip I mentioned earlier, we decided that we were NOT going to inspect the truck, turned around, and went home. The company had to reschedule the trip a week later and pay double for its error.
1-25-4.1 A road performance and mini pump test as described in the test section must be performed during the final inspection.
This informs the manufacturer that you expect to perform some testing at the final inspection. If a member of your party does not have a commercial driver’s license (CDL), a factory representative will need to perform the test drive while you observe.
If the apparatus is equipped with a pump, I insist on a mini pump test, which is not always easy to schedule (that is why it needs to be in the spec as part of the contract). If you have an aerial apparatus, all of the aerial functions also need to be checked thoroughly.
1-25-5 In addition, the purchaser reserves the right to visit the manufacturer’s facility at any time, at no cost to the bidder, to monitor the construction of the apparatus. Advance notice of these visits will be made prior to arrival.
This mostly pertains to situations where the manufacturer’s facility is near the purchaser and just puts it on notice that you may wish to check on the progress of the project from time to time.
1-26 EQUIPMENT MOUNTING
1-26-1 All equipment supplied with the apparatus shall be mounted by the bidder at the factory or at the local warranty facility, as per the fire department’s instructions.
1-26-2 All loose equipment shall be supplied with brackets or custom fitted into mountings.
These two requirements are pretty straightforward. They call for the manufacturer to supply brackets and mount all items of loose equipment supplied with the apparatus. If this is not clearly spelled out, the fire department could get loose equipment in cardboard boxes that it would have to purchase brackets for and mount.
1-27 CONTINGENCY FUND
1-27-1 All bidders shall incorporate a $XX.00 contingency fund into the price of the apparatus. The fund is to be used “as-needed” by the fire department relative to making custom modifications to the apparatus or the purchasing of equipment or components.
1-27-2 A full accounting of the fund shall be provided to the town, with any remaining funds deducted from the final invoice.
Contingency funds are nothing new in public bids and are included regularly in construction projects. If you go to the preconstruction conference and find that you need some compartment modification work done or you see a feature on another apparatus that would work for you, the question becomes, how do you pay for it? Many purchasing agents frown on modifying the original contract and adjusting the price.
There are a couple of ways to handle this situation. First, if you include a higher number of shelves, roll-out trays, tool boards, and so on, than you need, you can “trade off” the cost to cover modifications. Another method is to have the manufacturer bill the fire department separately for any change orders. The third way is to include a contingency fund in the bid that all bidders would have to include.
A contingency fund is a set amount of money to be used for unforeseen modifications, features, options, or even loose equipment. The amount that you put in the contingency fund depends on the complexity of the apparatus. On a standard pumper or aerial, $2,500 would be a good figure. If you get into a much more complex rig like a heavy rescue truck that might involve extensive compartment modifications, $5,000 might be a better number.
The second paragraph requires a full accounting of the fund, so no matter what amount you specify, you will either get it in modifications or equipment or it will be deducted from the final payment amount. Just be sure that you have enough funding allocated for the purchase, including the contingency fund. It would be a shame to come in over budget and have to rebid the project.
1-28 SPECIAL REQUIREMENTS
1-28-1 The overall size and weight of the finished apparatus is critical to the Anytown Fire Department. The bidder shall complete the special requirements questionnaire in Section 3 of the specifications, including all compartment sizes, overall length, width, height, wheelbase, outrigger spread, curb-to-curb turning radius, individual axle loads, and fully loaded weight of the apparatus with its bid.
Generally, we all have special requirements that we put in our specifications that require the bidder to address, such as overall length and height, the size of the compartments, wheelbase, turning radius, and axle loads. On an aerial, it might include its rated vertical height, horizontal reach, or outrigger spread. Quite often it is the comparison of these important features that needs to be scrutinized closely during bid evaluation.
Rather than having to dig all through the bidder’s proposal to find the answers, add a “Special Requirements Questionnaire” that needs to be filled in and returned with the bid. Include all of the important questions listed above as well as items such as the location and capabilities of the service center.
1-28-2 Weight distribution shall not load the vehicle in such a manner as to exceed any individual axle rating, spring or spring hanger rating, or tire and wheel rating. Axles are to carry weight distribution as per S.A.E. axle-loading recommendations.
1-28-3 Certified weight readings are to be furnished with each apparatus as to front, rear, right, and left-side loaded curb weight.
Overweight issues on fire apparatus are a serious problem. Heavy trucks affect the handling, stability, braking ability, and longevity of the tires, suspension, and brakes.
You may think the manufacturer absolutely knows the weight calculations and allows for them, but that is not always the case. There are many apparatus delivered that, when loaded with the specified hose load, loose equipment load, and personnel allowance, are overweight on one or more axles.
NFPA 1901 Annex B includes an “As-Delivered Weight Analysis Calculation Worksheet” that is an excellent estimator of what your apparatus will weigh when it is complete. It starts with the delivery weight with tanks full and no equipment on board. It then takes into account the hose load (and where it is stored), personnel weight at 200 pounds per person, and the miscellaneous equipment allowance as per Table 12.1 of the standard. When all of the columns are added, the bottom of the page gives you an estimated in-service weight, which you can compare with each axle’s weight rating as well as the Gross Vehicle Weight Rating (GVWR) of the entire vehicle. The worksheet is not perfect and is more for custom cab-forward configurations, but it is a tool to be used to help validate your delivery.
1-29 APPROVAL DRAWINGS
1-29-1 Drawings for approval and blueprints with all details thereon must be furnished after the preconstruction conference and before the apparatus construction begins. The engineering drawing must be drawn to scale and representative of the bid unit after the preconstruction conference clarifications are incorporated. Views of both sides, as well as the front, back, and top must be shown. Generic drawings are unacceptable.
This is where the actual engineering drawings of the apparatus, as it is going to be built, are provided. It should show as much information as possible for your committee to study and correct. Many times the manufacturer will have a base drawing at the preconstruction conference for you to mark up. You should also receive a final drawing after the preconstruction conference for your approval.
1-29-2 Full-scale pump panel approval drawings shall also be supplied prior to building the apparatus.
One of the biggest points of controversy at a pumper final inspection is the pump panel. Often, members of the committee would comment, “Why didn’t they put this control here or that gauge there?” It is a lot easier to move the controls on paper before the rig is built. If manual discharge valves are being used, some controls can’t be moved, but most of the other gauges and controls can.
If you are building a rescue truck with an air cascade control panel, it is wise to specify a drawing of that panel also. Be sure that the configuration of all of the control valves and gauges is exactly what you expect.
1-29-2 The fire department will endeavor to make every effort to correct the approval drawings before they are returned. However, if a variation or omission between the approval drawing and the written specifications is discovered, the written specifications shall prevail.
This is another item to protect you. For instance, if you sign off on the approval drawings and you overlooked a step that was outlined in the written specifications, the written specifications prevail, and the step should be supplied.
1-30 TRAINING
1-30-1 A training schedule shall be coordinated with the fire chief for a factory representative to familiarize the firefighters with the basic operation of the apparatus and its components for a minimum of three (3) consecutive days after delivery. The day of delivery shall not be considered one of these training days. Training shall include evenings and one weekend day.
In the latest NFPA standard, the wording in Annex B, Apparatus Purchasing Specification Form, changed the wording “operation and service training” to “operation and service instruction and demonstration,” as the committee felt that you are not really being “trained” but are being shown how to operate the apparatus. If you expect a more extensive training program, it should be specified.
If the apparatus is routine in complexity, such as a pumper that is similar to one that you have in service, probably two or three days will suffice. In the volunteer service, it is wise for your specifications to include evenings and one weekend day so that members who work in the day will have the opportunity to receive instruction. In career departments that have three or possibly four platoons, the specifications should reflect the accurate needs of the fire department.
I always indicate that the day of delivery shall not be considered one of the training days. From experience, there is always a lot of “oohs and ahhs” when the new rig arrives, and a lot of time is wasted with paperwork and generally looking over your new acquisition. Start fresh the following day. In addition, it gives the members time to look over the new controls in the cab and on the pump panel and to formulate questions that will be helpful during the instruction period.
1-30-2 The bidder agrees to allow a fire department representative to videotape the instructional presentation for future reference and training.
This might seem like a rather unusual item to be included in the specifications; however, experience is the best teacher.
My city was receiving delivery of a new aerial apparatus, and since we had an annual “bidding” process where members were able to transfer between the 16 fire stations, I felt that having our training school videotape the demonstration of stabilizing the truck and operating the aerial would be extremely helpful for a firefighter who transferred into a new station. The delivery engineer refused to be videotaped, because he said that he didn’t want to be held liable if he made a mistake. My feelings were that if he did make a mistake, he should be held liable. Several calls to company officials paved the way for us to videotape the presentation. With this in the specifications, the bidder needs to know to send its best presenter, or at least one who isn’t camera-shy.
1-31 GENERAL WARRANTY STATEMENT
1-31-1 The contractor guarantees that all articles of equipment, including all parts thereof, comply in all respects, or are fully equal to, standards called for in the bid.
This is just a general statement before we get into the specifics of the warranty.
1-32 APPARATUS WARRANTY
1-32-1 The bidder shall warrant the apparatus and all major components for a period of two (2) years.
Apparatus warranties are generally for one year. A second year will add some cost to the bid price but is generally worth it. In some cases, an extended five-year warranty is specified. This is a very expensive insurance policy.
1-32-2 Consumable items such as tires, batteries, hoses, belts, bulbs, and wiper blades will be the responsibility of the fire department to maintain.
Routine parts that are expected to wear out such as bulbs, belts, and hoses should be the responsibility of the fire department to maintain.
1-32-3 Component failures such as engine, transmission, suspension, brake and axle parts, alternator, starter, water pump, and AC generator are the responsibility of the bidder. Component parts that do not have a two-year warranty will be the responsibility of the bidder to repair or replace at its own cost.
If you specify a two year “bumper-to-bumper” warranty and some of the component parts are not warranted for that period of time, it is up to the bidder to make a repair or replacement at its own cost. The reason for this is that the apparatus is made up of thousands of components, most having their own warranties. If you warrant the whole rig for two years, it should be the responsibility of the bidder to cover all the parts.
1-32-4 It shall be the responsibility of the bidder to coordinate all warranty repairs with component suppliers such as the engine and transmission manufacturer.
When I purchase a fire truck from a manufacturer and pay a half-million dollars or more, the last thing I want to hear when I report that the transmission is not going into gear is, “Call up the transmission manufacturer.” This places the burden of coordinating the repair on the bidder. Yes, I want the authorized transmission facility to fix it. I just don’t want to get in the middle of coordinating this warranty repair.
1-32-5 The warranty repair facility shall respond to an out-of-service call in the town within 24 hours.
This sets a requirement so that your out-of-service apparatus doesn’t just go on the list for repair work when the service center gets around to it.
1-32-6 The contractor is also required to provide routine warranty service at the fire station whenever major shop work is not involved. For warranty service involving the shop, the apparatus will be delivered to and picked up from the contractor’s facility by fire department personnel.
Typical warranty work such as a leak in the plumbing, a faulty gauge or control, or electrical malfunctions should be handled at your location without placing the apparatus out of service for a long period of time.
Some repairs are not possible in your station if special shop tools or equipment are necessary. If the repair facility is relatively close by, you may agree to have fire department personnel transport the apparatus for repair. If the repair facility is any distance, you may wish to modify this paragraph, substituting “fire department personnel” with “contractor’s personnel.”
1-32-7 While under warranty, if towing of the apparatus to the repair facility is required, it shall be the responsibility of the bidder to provide such service at its cost.
Towing or flatbedding an apparatus is a costly process and should be the responsibility of the bidder, if it is necessary.
1-32-8 The contractor agrees to keep the apparatus in an indoor heated area at all times while in its possession and maintain insurance against loss or damage.
Many times the security of your apparatus and protection from weather extremes are concerns of the fire department. Once I had an apparatus at a repair facility and someone maliciously broke every gauge on the pump panel with a rock, and more than once we have had frozen pump plumbing. This outlines the responsibility to keep the apparatus safe from damage.
1-32-9 The frame rails shall be warranted from cracks and failure for the life of the vehicle.
1-32-10 The structural components of the cab shall be warranted for a period of ten (10) years from the date that the apparatus is placed in service.
1-32-11 The structural components of the body shall be warranted for a period of ten (10) years from the date that the apparatus is placed in service.
1-32-12 Corrosion perforation of the sheet metal shall be warranted for a period of ten (10) years.
1-32-13 The paint shall be warranted for a period of seven (7) years from fading, cracking, or peeling.
These are all common warranties for components of the apparatus that the builder will need to certify and honor. Individual manufacturers’ warranties on the engine, transmission, axles, pump, tank, and so on, should be in the body of the specifications where the component is described.
1-33 SERVICE MANUALS
1-33-1 Two (2) copies of all operator, service, and parts manuals must be supplied. Electronic CD-ROM manuals are preferred.
1-33-2 Two (2) copies of all manuals for component equipment such as the engine, transmission, pump, and generator must also be supplied.
Generally, you can expect to receive two (2) copies of the various manuals. If you need more, it should be specified. I used to specify three, as we forwarded one set with the apparatus to the fire station, the repair shop held one set, and I held a set at fire headquarters. Manuals on CD-ROM are extremely convenient.
1-34 PREVENTIVE MAINTENANCE
1-34-1 The purchase price of the apparatus shall include annual preventive maintenance of the apparatus for a period of two (2) years (at 12 and 24 months in service). The maintenance shall be performed in the Anytown fire station by personnel of the manufacturer’s authorized factory maintenance facility.
If you don’t have your own mechanic and shop, one of the best ways to keep the apparatus performing up to spec is to have the bidder’s maintenance facility come to your location and service the apparatus. This will result in minimal downtime and be very convenient for the fire department. If annual preventive maintenance is insufficient because of an elevated workload, semiannual maintenance at six, 12, 18, and 24 months can be specified.
1-34-2 As a minimum, the maintenance shall include change engine oil and filters, change fuel filters, lubricate all recommended points on the vehicle, change air filter, brake adjustment (if necessary), and all other service procedures recommended by the manufacturer of the apparatus and its components such as pump lubrication and service, generator hydraulic fluid change, automatic transmission fluid change, and so on.
This outlines the work that you expect when the apparatus is serviced. The phrase “all service procedures recommended by the manufacturer” should cover things like routine aerial maintenance. It is unlikely that you would need to change the air filter semiannually if that is the program you choose.
1-33-3 In addition, the person performing the service will provide the fire chief with a list of items observed that require repair that are not part of this contract or warranty.
Sometimes needed repair work that is not under warranty might be discovered by the mechanic who is servicing the apparatus. This requires him to make a “punch list” of items needing repair.
1-33-4 The fire department reserves the right to renew the maintenance contract at two-year intervals.
If the maintenance program is working successfully, it is the best insurance that you will have a safe, reliable apparatus.
SUMMARY
This article might seem to be overly critical or harsh toward the manufacturers and builders of our fire trucks. That is not the intent. As I said in the beginning, having been a customer and now representing customers, my only intent is to see that a fire department that rarely purchases a piece of apparatus has a solid foundation to protect itself. By establishing the “rules of the game,” everyone is on the same page. If the manufacturer you are dealing with is honest and straightforward, there is nothing here that should bother its representatives. On the other hand, if the bidder is attempting to bend the rules to its favor, it will most likely resent some of the advice being offered by these general requirements.
I am not an attorney, and I don’t practice law, but these requirements have undergone the scrutiny of many legal departments in many states and have always been approved. My recommendation is to include the items you feel are appropriate for your purchase and have them reviewed by your attorney.
As always, good luck with your purchasing project, and I hope that you find this information helpful!
