THE UNIVERSITY OF THE STATE OF NEW YORK
THE STATE EDUCATION DEPARTMENT

Vocational and Educational Services for Individuals with Disabilities

FIS 07-01

TO:                      All VESID VR Staff

SUBJECT:            Contracted Services:  Vehicle Modifications

CONTENT:           Based on Vehicle Modifications, Adaptive and Automotive Equipment Policy and Procedure (441.00 and 441.00P), if it is determined that a Consumer requires a vehicle modification in order to meet his/her employment goal, the following steps are required for proper procurement and payment of services. 

DATE:                  February 13, 2007

 

Procurement and Payment of Vehicle Modifications shall be developed and processed by District Office (DO) staff as follows.

I. Procurement of Vehicle Modifications:

The Consumer’s specific Vehicle Modification needs must be determined before a Quote or Bid Request (“Request”) for them is sent out to bidders.  Attempts to augment or change a Request after it has been issued to bidders may result in significant delay or rejection of project award by State Education Dept. (SED) or the Office of the State Comptroller (OSC).

A. Preliminary Steps – Recommendations and Specifications:

1. Obtain a “Vehicle Modifications and Equipment Recommendations” Report (“Report”) from a Driver Rehabilitation Specialist (“Specialist”) based on specific Consumer need.  Retain original of the Report in finance project file and provide a copy to the Statewide Driver Rehabilitation Consultant (“Consultant”) to initiate Step 3 below.
2. Ask Consultant to determine whether the Consumer’s existing vehicle will accommodate needed modifications.  If modifications are sought for a new vehicle to be purchased by the Consumer, the Consultant should be asked to recommend the make and model of vehicles that will, and will not, accommodate the needed modifications.  DO staff should advise Consumers that they must refrain from making their final new vehicle selection until the Consultant has determined whether or not it will accommodate the modifications needed.
3. Obtain a completed “Vehicle Modification Request for Bid Detail Specifications” form (“Specifications”) from the Consultant.  These Specifications are based on the Consultant’s review of the Specialist’s Report (Step 1 above).  Once the Consultant’s Specifications are received, DO staff must compare them with the Specialist’s Report to ensure that the documents agree.  All discrepancies between these Specifications and the Specialist’s Report must be resolved before proceeding with the development of the Request in order to ensure that Consumer needs as to form, function and utility are adequately addressed.  The Consultant’s Specifications will form part of the Request documentation that is sent out to bidders.  Specific brands or products should not be recommended by the Consultant, or included by the District Office, unless there is a specific, documented, medical reason for doing so.  All criteria upon which the final award will be based must be included in this document.  These include but are not limited to:
   • Whether modification is for a passenger or driver?
   • The Make and Model of the vehicle being modified.
   • Associated wheelchair dimensions, if applicable.
   • Whether the vehicle is already in the Consumers possession and needs to be transported to the vehicle modifier –or-
   • If the vehicle will be purchased from the supply of vehicles the conversion factories maintain.
   • A list of equipment and services (“components”) for which Contractors must provide specific costs in their proposals.

B. Preparation and Distribution of Quote and Bid Requests:

1. Prepare a VES-340 “Request for Bid” form to which the Consultant’s Specifications will be attached.  This form shall include Bid Number (assigned by DO staff), VESID contact information, mandatory response date and time, basic Delivery information, etc.  The VES-340 shall also contain all project criteria and/or a reference to the Specifications described above.  The combination of the VES-340 and the Consultant’s Specifications will constitute the Quote/Bid Request package that will be forwarded to Vehicle Modification Contractors for their responses.  This package constitutes the “Request” referred to throughout these guidelines.
2. The following statement should be added to Requests to ensure that Contractors specify the product that they are offering.  It also makes clear that substitute or alternative offerings may not be installed without the prior approval of VESID:
   • “Contractor must state the specific make and model of equipment offered in its response to this Request.  If VESID has designated a make or model in this Request and Contractor is offering alternative (i.e. “or equivalent”) equipment instead of that specified, Contractor’s response must state this clearly and must include sufficient additional information (e.g. reason for offering equivalent, manufacturer’s specifications, etc.) to assist VESID in determining whether the alternative offered is equivalent to the equipment specified.  A low quote or bid specifying alternate equipment will only qualify for award if VESID, at its sole discretion, determines that it fully responds to the specifications set forth in this Request.  Any ambiguities as to the specific equipment being offered must be resolved prior to award.  Unless Contractor fully explains that it is offering alternative equipment, its submission will be deemed to include that specified by VESID in this Request.  Contractor receiving award on this basis must provide the specified equipment.  Finally, alternative or substitute equipment must never be installed without the prior written consent of VESID.”
3. Requests must also include a statement that no payments will be made in advance of services.  Full payment typically occurs after project completion.  Contractors may, however, be reimbursed for documented material costs that they actually incur prior to project completion.  The Contractor’s request for the reimbursement of material costs consists of a voucher signed by the Contractor, along with the invoice that it has received from its supplier, supporting the total payment amount sought by the Contractor.  This is explained in detail in Education Department General Administrative Regulations (EDGAR), Part 80, Sub-Part C – Post Award Requirements, Financial Administration, Section 80.20 Standards for Financial Management Systems.
4. Requests may only be sent to those companies currently having OSC-approved contracts with VESID for the provision of Vehicle Modification services.  These contractors have the minimum qualifications required to meet VESID’s vehicle modification needs (i.e. certification by the Quality Assurance Program [QAP] of the National Mobility Equipment Dealers Association [NMEDA]).
5. The Consultant will include a list of the Contractors that are qualified to bid on each project when he submits his Specifications to DO staff.  Requests should be sent to an adequate number of Contractors to ensure that there will be at least three acceptable responses.  When less than three acceptable responses are received, the District Office is required to demonstrate how it determined that the one or two responses being considered for award reflect “reasonable” (i.e. competitive) pricing.  This is generally very difficult to do.  It can sometimes be accomplished by comparing responses with the costs of a similar project from the recent past (generally less than a year old).  Failing this, it may also be accomplished by comparing results with similar projects procured by other District Offices.
6. Some vehicle modification projects may require Consumers to travel considerable distances from their homes (e.g. for fittings, vehicle tests etc.).  Travel related costs may only be considered when making an award decision if a Request sent to Contractors (either the VES-340 or Consultant Specifications) directs them to include transportation, lodging and attendant costs in their quote or bid proposal.  These costs should be listed separately from modification costs but must be included in the bid total.  Consumer travel costs can only be considered when making an award if this information was sought from the Contractors prior to quote/bid submission (i.e. in the Request sent to them).  Travel and lodging costs must be in accord with established New York State rates, a copy of which should be included with the Request sent to Contractors.  Or, the Request could simply direct Contractors to these rates at the following website: http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentId=17943&contentType=GSA_BASIC
7. Allow Contractors a minimum of 3 weeks to respond to the Vehicle Modification Request.

C. Evaluation of Responses to Quote and Bid Requests:

1. Quote/Bid submissions must include both VES-340 and “Specifications” forms that have been completed and signed by the Contractor. 
2. No Quote/Bid submission may be considered for award unless it includes:
   • All components appearing on the “Specifications” form. –and-
   • Pricing for each of the components appearing on said “Specifications” form. DO staff must ensure that each Contractor’s proposal fully complies with the project Specifications set forth in the Request.  Omission of components or pricing renders a bid submission “non-responsive” and, therefore ineligible for award.
3. Bid Opening: Award should not be announced at the Bid Opening.  It is recommended that Contractors in attendance be told that submissions will be reviewed and an award/non-award determination will be communicated to them in the near future.  Contractors are not permitted to look at their competitors’ submissions during the Bid Opening.  They may review competitors’ submissions, upon request, at a later date after the award has been approved and an authorization is issued.  Such reviews must be closely monitored by appropriate District Office staff.
4. Quote/Bid submissions cannot be changed after they have been received by the District Office unless the same opportunity for change is given to all Contractors who received the original solicitation.  This includes any Contractor that chose not to reply to the original solicitation or responded with a No-Bid notification.  Changes, if necessary, must be documented in writing.
5. Only appropriate District Office staff can contact a Contractor to seek clarification or correction of errors in its submission.  Such clarifications or corrections must be documented in writing and may not change the scope of the proposal or the pricing offered.  Clarifications or corrections requiring communication between the Contractor and the Specialist or the Consultant must go through the appropriate District Office staff (i.e. via meetings, conference calls or information relay).
6. IMPORTANT WAIVER INFORMATION: The vehicle modification spending caps listed in PRO 04-01 have been rescinded.  Waivers for car modifications exceeding $7,000 and van modifications exceeding $25,000 are, therefore, no longer required.  Waivers for vehicle modifications will only be required when a Consumer seeks a van modification in an instance where a car modification has been deemed sufficient to meet Consumer need by the Specialist and the Consultant.  Please note: all other spending caps in PRO 04-01 remain in full force and effect unless or until they have been explicitly rescinded by subsequent policy statements. 
7. While spending caps are have been rescinded for waiver purposes, DO staff must observe the following guidelines for orders falling within the stated spending categories.

D. Projected Cost:  Less Than $15,000

1. Vehicle modification projects costing less than $15,000 may be authorized at the district office level once the following procedures are completed.

   If the projected cost of the vehicle modification is expected to be $15,000 or less, the district office should solicit written quotes from enough vehicle modifiers to ensure at least three responses.  DO staff may accept faxed quotes as long as they are legible and complete.

2. The quote information must be documented on the Bid Tabulation (VES-342) form.  The completed form must be kept in the Consumer’s financial file.
3. Once the quotes are received, the district office authorized staff and counselor should review the quotes to determine which one best meets the needs of the Consumer.  If the vendor receiving the work did not submit the lowest quote, a written explanation for selecting the firm should be prepared and kept in the finance project file. 
4. If less than three quotes are submitted, the district office must document the price as reasonable.  Support for a reasonable price can be provided by:
   1. cost to other government entities; or
   2. historical cost comparisons; or
   3. statutory references.
5. Once the vendor is selected, the counselor may authorize the services.

E. Projected Cost from $15,000 to $50,000

Vehicle modifications from $15,000 to $50,000 must be sent to the VESID Central Office Budget and Finance Unit for review and approval.  Central Office will then forward them to SED Contract Administration Unit for final approval.

1. For all vehicle modifications expected to be less than $50,000, quotes should be solicited in the manner described above. 
2. When soliciting quotes, the district office should request that the vendors also submit the signed “Offerer Disclosure of Prior Non-Responsibility Determination” form.  This form can be found at the following website: http://atwork.nysed.gov/Fiscal/fmweb/Forms%20for%20All%20FM.html
3. Once the quotes are received by the district office, it should submit to the VESID Central Office Budget and Finance Unit a quote package consisting of the following:
   1. the Quote Tabulation form (VES-342);
   2. the original quotes with a breakdown of cost by the job components;
   3. the “Offerer Disclosure of Prior Non-Responsibility Determination” form (this form can be found at: http://www.ogs.state.ny.us/aboutogs/regulations/advisoryCouncil/forms/form5.rtf
   4. The State Education Department Individual Record of Contact Under State Finance Law Sec. 139.k(4); (this form can be found at:http://atwork.nysed.gov/Fiscal/fmweb/Forms%20for%20All%20FM.html  and,
   5. A copy of the Vehicle Modification and Equipment Recommendations.

F. Projected Cost Exceeding $50,000

Vehicle modifications costing more than $50,000 must be sent to the VESID Central Office Budget and Finance Unit for review and approval.  Central Office will then forward them to the SED Contract Administration Unit which will, in turn, send them to the Office of the State Comptroller for final approval.

1. For all vehicle modifications expected to exceed $50,000, the district office must solicit written bids from enough vehicle modifiers to ensure at least three responses.  Bids must be submitted on the VES-340 and tabulated on the VES-341, the Bid Tabulation form.  All vendors from whom bids were solicited should be listed and their response noted.
2. If the vendor receiving the work did not submit the low bid, a written explanation for selecting the vendor should be prepared and kept with the bid material.
3. Vehicle modifications exceeding $50,000 require approval of the Office of the State Comptroller (OSC).  For this reason, the original bids, the bid tabulation form and the job specifications must be submitted to the VESID Central Office Budget and Finance Unit.  These documents along with the Offerer Disclosure of Prior Non-Responsibility Determination, the SED Record of Contact Under State Finance Law Sec.139.k(4), and other forms related to the Procurement Lobbying Law will be submitted to the SED Contract Administration Unit for submission to OSC.
4. If OSC approves the bid, the Budget and Finance Unit will notify the district office of the approval and the district office may authorize the work.  If OSC rejects the bid, the Finance Unit will advise the district office Business Manager on steps needed to correct the problem or to re-bid the service.

II. CaMS Authorization Type for Vehicle Modification Services

In CaMS, vehicle modification services must be authorized using Contract as the “Auth Type.”  This will ensure that the Authorization Number is in the 8000000 series.

III. Case Service Codes

DO Staff shall select from among the following Case Service Codes when procuring Vehicle Modifications and related services (e.g. Specialist and Consultant services).  Alternate Support Codes may be assigned as appropriate:

144X - Vehicle Modification Assessment (by Specialist): To determine if a specific Vehicle can be modified to meet a Consumer’s needs; to identify equipment required by the Consumer to drive or be a passenger.  Maximum of 10 hours.

146X - Vehicle Inspection (by Specialist): To assure that the equipment and installation comply with required standards and the bid/quote package has been implemented; to confirm the equipment used and the method of installation follow the written recommendations.  This is to take place at the completion of the installation/modification.  Maximum of 4 hours.

-or-

Inspection of vehicle to determine if it is road-worthy and capable of being modified to meet the individual’s needs.  Maximum of 2 hours.

147X - Cognitive/Perceptive Driver Evaluation: Flat Rate.

148X - Performance Assessment: To assure that Consumer is able to drive the vehicle with the modifications provided.  Maximum of 2 hours.

149X - Functional Assessment for Driver Rehabilitation (Low Tech).

142X - Travel for Evaluation: Paid to prior-approved vendors for travel over 20 miles. Hourly rate.

850X - Van Modifications: Paid directly to the vendor.  For Consumers whose transportation needs can be met with a car modification but choose to purchase a van, modification must be submitted to the Waiver Committee for approval prior to order placement.

860X - Car Modifications: Paid directly to the vendor. 

Note: the following Case Service Codes are for use with the Consultant only (currently ReTech Associates – Vendor Code 631648):

135X - Consultant Initial Assessment (Low Tech): Includes review of referral information from VESID, including any Driver Rehabilitation Specialist Recommendations.

Consultant will minimally have phone contact with Consumer.  Consultant will provide written report to VESID to enable bid/purchase of appropriate modifications for the Consumer or referral to the Specialist as appropriate to Consumer’s needs.  Payable at time of modification authorization.  Rate: $679.

136X - Consultant Initial Assessment (High Tech): Includes review of referral information from VESID, including any Driver Rehabilitation Specialist Recommendations.   Consultant will conduct a face-to-face meeting with Consumer to discuss needs and available recommendations.  Consultant will provide written report to VESID that will either result in referral to Specialist or the actual generation of bids for the modifications depending on the needs of the Consumer.  Payable at the time modifications are put out to bid.  Rate: $932.

855X - Consultant Final Assessment (Low Tech): Includes any required consultation during the modification bid/purchase/installation process.  Includes final inspection of adaptive equipment/vehicle to insure all standards are met as well as a performance assessment with the Consumer utilizing the equipment and demonstrating competence and safe operation.  Payable upon release of the vehicle to the Consumer.  Rate: $679.

856X - Consultant Final Assessment (High Tech): Includes any consultation during the modification bid/purchase/installation process.  Includes final inspection of modifications/vehicle to insure all standards are met as  well as a performance assessment with the Consumer utilizing the equipment and demonstrating competence and safe operation.  Payable upon release of the vehicle to the  Consumer.  Rate: $932.

IV.  Vehicle Modification Payment Procedures

1. When the vendor completes the vehicle modification and requests payment, the 800000 series voucher must be signed, attached to an original invoice and sent to the district office for review.  Based upon supporting documentation provided and proof of reimbursement of costs, District Offices can work with the vehicle modifiers to pay for parts and then labor.
2. Prior to submission of the Contractor’s voucher and supporting documentation for payment, DO Staff must obtain the following:
   • A vehicle inspection report (including a performance assessment) completed by the Consultant (currently ReTech Associates) stating that the modification is complete and the vehicle meets the needs of the Consumer. 
   • A statement, signed by the Consumer, certifying that the modification is complete and acceptable.
3. The district office should file payment information in the Consumer’s financial file for tracking and reporting purposes.
4. An original signature from the vendor on the voucher and the original invoice should be sent to the VESID Central Office Budget and Finance Unit.  The Finance Unit will review the voucher, approve it for payment and forward it to SED Fiscal Management and OSC for payment.  Payments will be made once a month on a Standard Voucher for all vouchers completed on a particular vendor. 

 

EFFECTIVE DATE: Immediately

INQUIRIES:   Budget and Finance Unit

REFERENCE: State Finance Law - Section 112

RELATED POLICY/PROCEDURE: 

441.00   Vehicle Modification Policy

441.00P Vehicle Modification Procedures

405.00P Determining Cost Effectiveness of Services On-Line VR Policy and Procedures Manual

OBSOLETED:  none

_______________________________

Rosemary E. Johnson
Coordinator, Fiscal and Administrative Services Team

________________________________

Debora Brown-Johnson
Director, District Office Administration