12138 RFP.docx

State of Oregon

Cover Page Department of Administrative Services, State Procurement Services, on behalf of Oregon State Agencies and Oregon Cooperative Procurement Program Members Is issuing this Request For Proposals (RFP) under OregonBuys Bid Number S-10700-00012138 for

ADA COMPLIANT REMANUFACTURED AND HEAVY-DUTY TRANSIT VEHICLES

Date of Issue: January 23, 2025 Opening Date and Time: March 6, 2025 3:00 PM (PT)

The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

RFP S-10700-00012138 ADA Compliant Remanufactured and Heavy-Duty Transit Vehicles

DAS Procurement Services, Version 4.5 March 31, 2023 Page 2 of 27 Table of Contents

6.1 COMMITMENT TO DIVERSITY, EQUITY, AND INCLUSION

LIST OF ATTACHMENTS

PROPOSAL COVER SHEET

ATTACHMENT A SAMPLE PRICE AGREEMENT

Exhibit A – Goods and Services Exhibit B – Purchase Order Form Exhibit C – Insurance Requirements Exhibit D – Specifications Exhibit D-1 Base Vehicle Specifications Category A Exhibit E – Federal Funds Fair Opportunity Process Exhibit E-1 – Request for Transit Vehicle Price Quote Exhibit F – Federal Clauses

Exhibit F-3 – Bus Testing Certification

ATTACHMENT B DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C PROPOSER INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D REFERENCE CHECK FORM

ATTACHMENT E - PRICE PROPOSALS

Attachment E-1 Category A, Subcategory 35ft Heavy Duty, Low Floor Attachment E-2 Category A, Subcategory 35ft Heavy Duty, High Floor Attachment E-3 Category A, Subcategory 40ft Heavy Duty, High Floor Attachment E-4 Category A, Subcategory 40ft Heavy Duty, Low Floor Attachment E-5 Category A, Subcategory 45ft Heavy Duty, Low Floor Attachment E-6 Category A, Subcategory 45ft Heavy Duty, High Floor Attachment E-7 Category Remanufactured, Subcategory Heavy Duty Attachment E-8 Category Services, Subcategory Fuel conversion technology – conversion to electric

ATTACHMENT F CERTIFIED DISADVANTAGED BUSINESS OUTREACH PLAN

ATTACHMENT G RESPONSIBILITY INQUIRY

GENERAL INFORMATION

INTRODUCTION

The State of Oregon, acting by and through its Department of Administrative Services, State Procurement Services, (“DAS SPS” or “Agency”) is issuing this Request for Proposals (“RFP”) on behalf of all State Agencies and Oregon Cooperative Procurement Program (“ORCPP”) Members with the intention to establish one or more Price Agreements with qualified contractors to provide specially equipped transit vehicles, compliant with the Americans with Disabilities Act (“ADA Vehicles”), and related services as described in this RFP.

Additional details on the Scope of the goods or services or both are included in the Scope of Work/Specifications section.

In an effort to provide a benefit to multiple Authorized Purchasers, the Agency anticipates the award of multiple Price Agreements from this RFP. Refer to Section 5.4.2 of this RFP for Contractor selection methodology. DAS SPS intends to award up to three (3) price agreements in each Subcategory.

The initial term of each Price Agreement is anticipated to be two (2) years with options to renew annually up to a cumulative maximum of five (5) years. Authorized Purchasers may issue purchase orders pursuant to this Price Agreement upon the effective date through termination of the Price Agreement.

Any purchase orders issued under the Price Agreement(s) must be by Authorized Purchasers in accordance with the ordering procedures described in the Attachment A - Sample Price Agreement. Proposers are advised that there is no guarantee of any specific number of purchases under the Price Agreement. Notwithstanding the award of a Price Agreement, Agency may conduct separate solicitations or award project-specific contracts or purchase orders for Goods or Services like what is described within this RFP using any method allowed by law.

SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this RFP.

RFP Protest Period Ends

January 30, 2025

SINGLE POINT OF CONTACT (SPC)

The SPC for this RFP is identified on the Cover Page, along with the SPC’s contact information. Proposer shall direct all communications related to any provision of the RFP only to the SPC, whether about the technical requirements of the RFP, contractual requirements, the RFP process, or any other provision.

AUTHORITY, OVERVIEW, AND SCOPE

AUTHORITY AND METHOD

Agency is issuing this Cooperative Procurement pursuant to its authority under ORS 279A.050(2), ORS 279A.140, ORS 279A.200 – 279A.225, and OAR 125-246-0170(1)(c) and (e) and OAR 125-246-0400.

For this Cooperative Procurement, Agency is using the Competitive Sealed Proposal method, pursuant to ORS 279B.060 and OAR 125-247-0260. Agency may use a combination of the methods for Competitive Sealed Proposals, including optional procedures: a) Competitive Range; b) Discussions and Revised Proposals; c) Revised Rounds of Negotiations; d) Negotiations; e) Best and Final Offers; and f) Multistep Sealed Proposals.

DEFINITION OF TERMS

For the purposes of this RFP, capitalized words are defined in OAR 125-246-0110 or as defined below.

Authorized Purchasers: State Agencies submitting ordering instruments. It may also include ORCPP members with appropriate purchasing authority under their applicable statues, rules, regulations or ordinances that submit ordering instruments.

ORCPP: Oregon Cooperative Procurement Program, whose members include but are not limited to: State agencies not subject to DAS SPS purchasing authority, cities, counties, school districts, special districts, Oregon Forward Program (formerly Qualified Rehabilitation Facilities (QRFs), residential programs under contract with the Oregon Department of Human Services, United States governmental agencies, and American Indian tribes or agencies. A current list of ORCPP members can found at: https://www.oregon.gov/das/Procurement/Pages/Orcpp.aspx.

Additional definitions are in Attachment A.

OVERVIEW AND PURPOSE

Project Overview and Background The Fixing America’s Surface Transportation Act (“FAST”), supports funding to improve transit mobility along with improved environmental, and energy objectives on public transit systems. The FAST Act allows states to apply for project-specific funding to help replace current systems, some of which are old and in need of upgrading, expanding service areas, increase service frequency, and improve efficiency to serve these demands and to additionally deploy low or no emission transit vehicles. It is necessary to adapt appropriate new technologies from other industries, and to introduce innovations into the transit industry. State of Oregon Executive Order No. 17-21 also outlines Oregon’s dedication to reducing greenhouse gas emissions throughout the state. Therefore, along with seeking proposals for gas and diesel transit vehicles, the Agency is also seeking bids for low to no emission transit vehicles, including but not limited to Battery Electric Vehicles (“BEV”), Hybrid Electric Vehicles (“HEV”), Plug-in Electric Vehicles (“PEV”), Plug-in Hybrid Electric Vehicles (“PHEV”), Extended-Range Electric Vehicles, Fuel-Cell Electric Vehicles and Compressed Natural Gas (“CNG”). Along with new transit vehicles the Agency is also seeking proposals for electric bus conversion technology, bus remanufacturing and transit vehicle replacement parts.

Purpose The purpose of this RFP is to establish multiple price agreements which Authorized Purchasers may use, for the purchase of ADA compliant transit vehicles. Due to the various needs for ADA compliant transit vehicles, a “catalog” approach will be used in order to offer Authorized Purchasers multiple options of goods and services. This catalog approach will list each contractor’s goods and services in a master index of all ADA vehicles and all goods and services, which will act as a single starting point for Authorized Purchasers. Potential providers (including authorized dealers, installers, and manufacturers) may propose to provide any combination of goods and services, or on individual components, such as installation services, only.

Agency intends to award price agreement(s) in the following Subcategories;

Category A, Subcategory 35ft Heavy Duty, Low Floor (33,001 and up GVWR) Category A, Subcategory 35ft Heavy Duty, High Floor (33,001 and up GVWR) Category A, Subcategory 40ft Heavy Duty, High Floor (33,001 and up GVWR) Category A, Subcategory 40ft Heavy Duty, Low Floor (33,001 and up GVWR) Category A, Subcategory 45ft Heavy Duty, Low Floor (33,001 and up GVWR) Category A, Subcategory 45ft Heavy Duty, High Floor (33,001 and up GVWR) Category Remanufactured, Subcategory Heavy Duty Category Services, Subcategory Fuel conversion technology – conversion to electric

In an effort to offer Authorized Purchasers the most advanced equipment, options, technology, and services, discontinued goods and services may be subtracted and additional goods and services within the RFP scope may be added throughout awarded price agreement term.

Price Agreements awarded from this RFP will be available for use by state agencies of Oregon and Oregon Cooperative Procurement Program (“ORCPP”) members. Collectively all approved users are defined as (“Authorized Purchasers”).

Estimated Usage It is estimated that total purchases over the initial two (2) year term of all resulting price agreements will be approximate $5 million. The Agency does not guarantee any minimum purchase. Orders will be placed on an as-needed basis, Proposers understand estimated quantities are informational and not to be construed as a guarantee to purchase any amount.

Estimated usage over the total term, including extensions, is estimated to be $10 million.

Federal Provisions Federal funds may be utilized to purchase goods and services from resulting price agreement(s). Proposer(s) are required to accept federal provisions set forth in Attachment A, Exhibit F. Proposer shall complete and submit with proposal all federal certifications found in the following Exhibits to Attachment A; F-1 (Certification and Restrictions on Lobbying), F-2 (Government-wide Debarment and Suspension (Nonprocurement)), F-3 (Bus Testing Certification), F-4 (Preaward Certification for Procurement of Rolling Stock (Vendor) (including Buy America Certification) and F-5 (Transit Vehicle Manufacturer (TVM) Certification (DBE).

Lobbying restrictions This procurement is subject to Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995.

Government-Wide Debarment and Suspension This procurement is subject to federal Government-Wide Debarment. An award at any tier for a federally required audit (irrespective of the contract amount) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. part 180. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Bus Testing Requirement This procurement is subject to the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed.

Federal Motor Vehicle Safety Standard (FMVSS) All equipment must meet applicable Federal Motor Vehicle Safety Standards (FMVSS) at the time of delivery.

Buy America This procurement is subject to federal Buy America requirements 49 U.S.C. § 5323(j); 49 C.F.R. part 661. For any FTA assisted project, the steel, iron, and manufactured products acquired for use must be produced in the United States, unless FTA has granted a waiver.

Disadvantaged Business Enterprise (DBE) This procurement is subject to federal regulations that seek to increase the amount of goods or services that are purchased from certain small businesses, using state and federal financial aids. DBE’s as defined in Title 49, Code of Federal Regulations, Part 23 (49 C.F.R. 26) shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this program. Consequently, the DBE requirements of 49 C.F.R. 26 will apply to this procurement.

The DBE certification may be made either by the manufacturer itself or by its distributor or dealer. Use the appropriate certificate.

SCOPE OF WORK/SPECIFICATIONS

2.4.1. Goods Requirements:

All Goods shall meet or exceed FMVSS specifications and ADA Guidelines for Over-the-Road Bus Companies. All completed Goods must include an affixed sticker certifying compliance in accordance with FMVSS rules to all ADA vans and buses. All accessible vehicles sought in this procurement and all items specified under this part shall at a minimum, meet requirements of C.F.R. PART 38 AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITIES SPECIFICATIONS FOR TRANSPORTATION VEHICLES; SUBPART B, except where these specifications exceed ADA minimums.

All Goods if applicable will comply with current ADA Guidelines for Over-the-Road Bus Companies. These requirements can be found at:

http://www.fmcsa.dot.gov/rules-regulations/bus/company/ada-guidelines.htm

Bus Testing: As required, all Goods will follow testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed.

Remanufactured buses must be remanufactured on Proposer-provided chassis; and will include all necessary structural, mechanical, and electrical rebuilding. All remanufactured Goods must meet all ADA guidelines, FMVSS, SAE and FTA requirements as defined in this RFP. All remanufactured Goods must also meet Original Equipment Manufacturers specifications and requirements.

2.4.2. Services:

Fuel Conversion: Provide complete fuel conversion services of Authorized Purchaser’s current bus from existing fuel power to alternative fuel options such as electric power. The conversion must comprise of all services and parts involved in replacing a vehicle’s propulsion system with a propulsion system of a different type (specifically, replacing a diesel engine with an electric battery propulsion system).

ADDITIONAL SPECIFICATION REQUIREMENTS FOR BASE VEHICLES CAN BE FOUND IN ATTACHMENT A, EXHIBIT D and EXHIBIT D-1.

PROCUREMENT REQUIREMENTS

OREGONBUYS, REGISTRATION REQUIRED

All Proposers must be registered in OregonBuys (by creating a vendor account) to do business with the State. Registration is free. To create a vendor account, click the blue “Register” button in the top right corner of the OregonBuys website: https://oregonbuys.gov/bso. For assistance with submitting a proposal see https://www.oregon.gov/das/ORBuys/Documents/OregonBuys%20Vendor%20Formal%20Solicitation%20Response.pdf.

Proposers are responsible for ensuring that their vendor registration and information is current and correct in OregonBuys. DAS SPS is not responsible for defective registration or incorrect vendor information.

CROSSWALK OF TERMS

MINIMUM QUALIFICATIONS

To be considered for evaluation, Proposal must demonstrate how Proposer meets all requirements of this section:

Eligible Transit Vehicle Manufacturer: (required for Proposals submitted in each Subcategory). Agency will only accept Proposals submitted for vehicles manufactured by manufactures that are on FTA Eligible Transit Vehicle Manufacture list. These Manufacturers must have submitted and FTA must have approved DBE goals. The list can be found at the following website: https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers Warranty Repair Facility: Proposer shall have the ability to provide pick up and drop off services for warranty repair work if no warranty repair facility is located within 200 miles of Authorized Purchaser’s location.

Licensing requirements: As required, each Proposer shall have the ability to provide a CDL licensed driver to perform delivery services.

Licensing/Registration requirements: In order to submit a Proposal, Proposer shall be licensed to sell the vehicles in the State of Oregon.

MINIMUM SUBMISSION REQUIREMENTS

Proposal Submissions To be considered for evaluation, Proposal must contain each of the following elements (further detailed in Proposal Requirements section below):

· Proposal Cover Sheet

· Disclosure Exemption Affidavit (Attachment B)

· Proposer Information and Certification Sheet (Attachment C)

· Reference Check Form (Attachment D)

· Price Proposal Form (Attachment E)

· Certified Disadvantaged Business Outreach Plan (Attachment F)

· Responsibility Inquiry (Attachment G)

· Attachment A, Exhibits F-1, F-2 and F-5 Organizational Capacity (described in Section 3.4.3) Market Basket (described in Section 3.4.4) Federal Transit Authority Requirements (described in Section 3.4.5) Warranty and Repair (described in Section 3.4.6) Training Plan and Training Cost (described in Section 3.4.7) Proposal Page Limits There is no Proposal page limit set forth for this RFP.

Proposal Format Proposal should follow the format and reference the sections listed in the Proposal Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed.

· Proposer shall submit one Proposal and all other submittal requirements, with Attachment C - Proposer Information and Certification Sheet bearing the Proposer’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). Electronic signatures are acceptable.

· The Price Proposal must be submitted as a separate document.

If Proposer believes any of its Proposal is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Proposer shall indicate so on the Disclosure Exemption Affidavit (Attachment B). Proposer shall also mark affected documents as “Confidential” in OregonBuys all attachments to its Proposal that Proposer believes are exempt from disclosure.

Authorized Representative Failure of Proposer’s authorized representative to sign the Proposal may result in rejection of the Proposal by Agency.

PROPOSAL REQUIREMENTS

Proposal must address each of the items listed in this section and all other requirements set forth in this RFP. Proposer shall describe the Goods to be provided or the Services to be performed or both. A Proposal that merely offers to provide the goods or services as stated in this RFP may be considered non-Responsive to this RFP and will not be considered further.

Proposal should not include extensive artwork, unusual printing or other materials not essential to the utility and clarity of the Proposal. Do not include marketing or advertising material in the Proposal, unless requested. Proposal should be straightforward and address the requests of the RFP. Proposal containing unsolicited marketing or advertising material may receive a lower evaluation score if required information is difficult to locate.

Proposer Information and Certification Sheet Proposer shall complete and submit the Proposer Information and Certification Sheet (Attachment C). Failure to demonstrate compliance with Oregon Tax Laws and sign the Proposer Information and Certification Sheet may result in a finding of non-Responsibility.

References Provide three (3) references from current or former client firms for similar projects performed for any clients within the last two (2) years on Reference Check Form (Attachment D). References must be able to verify the quality of previous, related Work.

References will not be scored, but Agency may check to determine if references provided support Proposer’s ability to comply with the requirements of this RFP. Agency may use references to obtain additional information, or verify any information needed. Agency may contact any reference (submitted or not) to verify Proposer’s qualifications. Prior to award Agency may require Proposer to provide additional references.

Organizational Capacity Proposals must briefly describe Proposer’s experience and capacity, including but not limited to those of Proposer’s employees, to begin and continue to perform the Scope of Work described in Section 2.4 this RFP, including but not limited to:

· Proposers experience in design and build of ADA compliant transit vehicles. If not a manufacturer, provide a list of manufacturers along with a statement of experience for each manufacturer Proposer uses.

· Experience of Proposer’s employees or subcontractors who will be assigned to the Contract. Explain designated areas of responsibility or expertise employees and subcontractors each have.

· Customer Service. Describe the proposed customer service program (staffing, training, response time, toll-free numbers etc.). Also, describe the communication plan used to keep Authorized Purchasers updated throughout build process including how any specification changes or delivery delays are processed, and how inspections are processed. Include list of contacts and identify specific area of service each contact will provide.

Market Basket (Catalog of proposed goods and services) In order to offer Authorized Purchasers a variety of goods and services, Proposer may decide to provide any combination of goods and services, or on individual components (such as services only).

· For Category A, Proposers must submit the following for each vehicle proposed;

a. Completed Attachment A, Exhibit A; Base Prices must include labor, materials, tools, equipment and all other costs necessary to manufacture an operating transit vehicle meeting base specifications outlined in Attachment A, Exhibit D and Exhibit D-1;

b. A standard equipment specifications sheet;

c. As required, a completed and signed Attachment A, Exhibit F-3, Bus Testing Certification, and an electronic copy of bus test results;

d. Attachment A, Exhibit F-4, Pre-award Certification for Procurement of Rolling Stock (Vendor) including Buy America certification;

e. For each market basket vehicle proposed, provide an electronic comprehensive catalog of options, including, if available, manufacturer list price and discount percentage off list price. If list price discount is not available, then Proposer may provide Agreement pricing. Electronic catalog requires ability to be updated throughout the Price Agreement term; and

f. For each market basket vehicle proposed, provide an electronic catalog of recommended spare parts, including, if available, manufacturer list price and discount percentage off list price. Discount percentage may be included in Attachment A, Exhibit A. Electronic catalog requires ability to be updated throughout the Price Agreement term. If list price discount is not available, then Agreement pricing may be provided.

Electronic catalogs may be in the form of a web page link, Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx).

· For Category “Remanufactured” - Proposers must submit a detailed outline that describes the complete remanufacturing process for a Proposer supplied chassis, including timelines and how the remanufactured bus conforms to FTA requirements. Remanufactured bus costs shall be included on Attachment E-7, Cost Proposal Form. Remanufactured vehicles must have the ability to meet all ADA, FMVSS and FTA requirements.

· For Category “Services” - Proposers must submit a fuel conversion Services outline. Proposers should describe in detail, the provided service including process overview, timelines, and how the service conforms to all federal requirements. Cost for Service shall be included on Attachment E-8, Cost Proposal form.

Federal Transit Authority Requirements Authorized Purchasers may use federal grant funds to purchase Goods and/or Services. Proposal must describe Proposer’s understanding of Federal Transit Administration (FTA) guidelines and requirements for transit vehicles. Proposal should outline how proposed Goods and/or Services will support compliance with FTA requirements.

Warranty and Repair Provide complete warranty information for all proposed goods, including available extended warranty options. Outline warranty provided with base vehicle and how warranty meets required Federal guidelines. Describe conditions that void warranty, repair procedures and repair timelines. Outline any extended warranties and include pricing for any additional warranties not included with base vehicle. Provide list of warranty repair facilities located in Oregon. Outline any mobile warranty repair options, such as if Proposer provides pick up services or offers on-site repair for minor repairs. Provide cost outline for any additional warranty services.

Training Plan and Training Cost Proposals shall describe a training plan outline that includes but is not limited to operation and maintenance of equipment. Training plan should include information such as the different training available, class summaries, a sample class syllabus, what training aids are included, if student manuals are available, the equipment required to be provided by Authorized Purchasers, and type of instruction (such as live classroom, web based, video etc.). Proposal shall include a detailed cost breakdown for proposed training plans. The training cost will be considered as part of training plan and training cost evaluation.

Price Proposal Proposers are required to submit a Price Proposal for one market basket vehicle from each proposed Subcategory for price evaluation. A Proposer may submit more than one market basket vehicle from a particular Subcategory, but only one vehicle will be evaluated for price. The Price Proposal must be submitted on each Subcategory’s corresponding Attachment E (Attachment E-1 through E-8). Price proposals must include pricing for the newest model available at the time of proposal. If awarded, the other vehicles submitted for the market basket will be incorporated into the Price Agreement as long as they meet the specifications and Subcategory requirements for which they are submitted. The goods and services quoted on Attachment E, Price Proposal shall include all items of labor, materials, tools, equipment, and other costs necessary to fully complete the manufacture and delivery of the goods and services proposed. It is the intention of the scope to require a complete vehicle of the type prescribed, ready for operation. Any item omitted from the specifications that is clearly necessary for the completion and operation of such equipment and its components shall be considered a portion of such equipment although not directly specified or called for in these specifications. The price proposal will be based on scope of services and base vehicle specifications provided in Section 2.4 and Attachment A, Exhibit D. Each Price Proposal must include a signed Bus Testing Certification (Attachment A, Exhibit F-3) and PreAward Certification for Procurement of Rolling Stock (Vendor) (Attachment A, Exhibit F-4) along with a detailed price sheet that outlines all costs associated with each Price Proposal submitted.

SOLICITATION PROCESS

PUBLIC NOTICE

The RFP and attachments are published in the State of Oregon’s electronic procurement system OregonBuys at https://oregonbuys.gov/. Documents will not be mailed to prospective Proposers.

Modifications, if any, to this RFP will be made by written Amendment(s) published in OregonBuys. Prospective Proposer is solely responsible for checking OregonBuys to determine whether or not any Amendment(s) have been issued. Amendment(s) are incorporated into the RFP by this reference.

PRE-PROPOSAL CONFERENCE

A Pre-Proposal conference will not be held for this RFP.

QUESTIONS / REQUESTS FOR CLARIFICATIONS

All inquiries, whether relating to the RFP process, administration, deadline or method of award, or to the intent or technical aspects of the RFP must:

Be delivered to the SPC via email;

Reference the OregonBuys bid number;

Identify Proposer’s name and contact information;

Refer to the specific area of the RFP being questioned (i.e. page, section and paragraph number); and Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule in Section 1.2.

SOLICITATION PROTESTS

Protests to RFP Prospective Proposer may submit a Written protest of anything contained in this RFP, including but not limited to, the RFP process, Specifications, Scope of Work, and the proposed Sample Price Agreement. This is prospective Proposer’s only opportunity to protest the provisions of the RFP, except that Proposer may protest Amendment(s) as provided below and Proposer may take exception to the terms and conditions of the Sample Price Agreement marked as negotiable as set forth in the Negotiations Section.

Protests to Amendment(s) Prospective Proposer may submit a Written protest of anything contained in an Amendment. Protests to an Amendment, if issued, must be submitted by 5:00 p.m. Pacific Time on the second Business Day following the issuance of the Amendment or the date/time specified in the Amendment, or they will not be considered. Protests of matters not added or modified by the Amendment will not be considered.

Requirements for Protests All protests must:

Be delivered to the SPC via email;

Reference the OregonBuys bid number;

Identify prospective Proposer’s name and contact information;

Be sent by an authorized representative;

State the reason for the protest, including:

the grounds that demonstrate how the Procurement Process is contrary to law, Unnecessarily Restrictive, legally flawed, or improperly specifies a brand name; and evidence or documentation that supports the grounds on which the protest is based; and State the proposed changes to the RFP provisions or other relief sought.

Protests to the RFP must be received by the due date and time identified in the Schedule in Section 1.2.

Protests to an Amendment must be received by the due date identified in the Amendment.

PROPOSAL DELIVERY OPTIONS

Proposer is solely responsible for ensuring its Proposal is received by the SPC in accordance with the RFP requirements before Opening. Agency is not responsible for any delays by transmission errors or delays, or for any mis-delivery for any reason. A Proposal submitted by any means not authorized below will be rejected. The following delivery options are permitted for this RFP:

Delivery electronically through OregonBuys at: OregonBuys.gov Detailed instructions on how to submit a Proposal can be found at OregonBuys Vendor Formal Solicitation Response.pdf

PROPOSAL MODIFICATION OR WITHDRAWAL

It is the responsibility of the Proposer to ensure modified Proposals are submitted before the Opening date and time.

A Proposer wishing to make modifications to a Proposal must withdraw its initial Proposal and re-submit its modified Proposal in OregonBuys before the Opening date and time.

If a Proposer wishes to withdraw its Proposal, the Proposer must withdraw its Proposal prior to the Opening date and time.

PROPOSAL DUE

A Proposal (including all required forms and documents) must be submitted in OregonBuys on or before Opening date and time to be considered for evaluation.

A Proposal received after Opening date and time is considered LATE and will NOT be accepted for evaluation. A late Proposal will be destroyed.

PUBLIC OPENING

A public Opening will not be held for this RFP. A record of the names of all Proposers who submitted Proposals by the Opening date and time will be posted in OregonBuys once all Proposals have been opened. Proposals received will not be available for inspection until after the evaluation process has been completed and the notice of Intent to Award is issued pursuant to OAR 125-247-0630.

PROPOSAL REJECTION

Agency may reject a Proposal for any of the following reasons:

Proposer fails to substantially comply with all prescribed RFP procedures and requirements, including but not limited to the requirement that Proposer’s authorized representative sign the required Proposal documents.

Proposer has liquidated and delinquent debt owed to the State or any department or agency of the State.

Proposer fails to meet the responsibility requirements of ORS 279B.110.

Proposer makes any contact regarding this RFP with State representatives such as State employees or officials other than the SPC or persons authorized by the SPC, or inappropriate contact with the SPC.

Proposer attempts to influence a member of the Evaluation Committee.

Proposal is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the RFP or Amendment(s).

EVALUATION PROCESS

Responsiveness and Responsibility Determination Responsiveness determination A Proposal received prior to Opening will be reviewed immediately after the Opening date and time to determine if it is Responsive to all RFP requirements including compliance with Section 3.2 (Minimum Qualifications) and Section 3.3 (Minimum Submission Requirements). If the Proposal is unclear, the SPC may request clarification from Proposer. However, clarifications may not be used to rehabilitate a non-Responsive proposal. If the SPC finds the Proposal non-Responsive, the Proposal may be rejected; however, Agency may waive mistakes in accordance with OAR 125-247-0470.

Responsibility Determination Agency will determine if an apparent successful Proposer is Responsible prior to award and execution of the Price Agreement. Proposers shall submit a signed Responsibility Inquiry form (Attachment G) with Proposal.

At any time prior to award, Agency may reject a Proposer found to be not Responsible.

Technical Evaluation Criteria Each Proposal meeting all Responsiveness requirements will be independently evaluated by members of an Evaluation Committee. Evaluation Committee members may change, and Agency may have additional or fewer evaluators for optional rounds of competition. Evaluators will assign a score for each evaluation criterion listed below in this section up to the maximum points available in the Point and Score Calculations Section 4.11.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of Proposal. A response to a clarification request must be to clarify or explain portions of the already submitted Proposal and may not contain new information not included in the original Proposal.

Each Technical Criteria will be evaluated and scored based on the following scale:

Evaluation Item 1 (Organizational Capacity, Section 3.4.3) Proposals will be evaluated and scored based on the Proposer’s description of experience and capacity to perform the Scope of Work described in this RFP. Evaluators will consider years of experience, expertise, and customer service availability including how/when communication is provided to Authorized Purchasers.

Evaluation Item 2 (Market Basket, Catalog of proposed goods and services, Section 3.4.4) Proposals will be evaluated and scored based on breadth of Market Basket for certified vehicles meeting RFP requirements; including but not limited to the number of available vehicles, what fuel options are available, parts availability, options for each vehicle and MSRP discounts within each Subcategory.

Evaluation Item 3 (Federal Transit Authority Requirements, Section 3.4.5) Proposals will be evaluated and scored based on Proposer’s ability to comply with FTA requirements, including how well Proposer demonstrated understanding of FTA requirements, process and experience providing Goods/Services that comply with FTA requirements.

Evaluation Item 4 (Warranty and Repair, Section 3.4.6) Proposals will be evaluated and scored based on Proposer’s description of available extended warranty options, and other available options such as mobile repair, pick up and drop off services, and onsite repair options. The standard warranty will be evaluated based on compliance with FTA requirements, repair procedures, repair timelines and what conditions void warranties.

Evaluation Item 5 (Training Plan and Training Cost, Section 3.4.7) Proposals will be evaluated and scored based on Proposer’s description of training plan, the types of training available, training costs, the types of training aids used, and the availability of manuals.

PRICE EVALUATION

A price score will be given for each Subcategory proposed. If Proposer is responding to multiple Subcategories, a separate total price score will be given for each Subcategory.

DASPS will assign a price score to each proposed Subcategory using this formula:

lowest price proposed

Proposer’s price

PREFERENCES

Recycled Materials In comparing Goods from two or more Proposers, if at least one Proposer offers Goods manufactured with Recycled Materials, and at least one Proposer does not, Agency will select the Proposer offering Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the price of the Goods according to any applicable reciprocal preference.

Tiebreakers Agency intends to award up to three (3) price agreements in each Subcategory. In the case of a tie for third in total points, Agency has the right to award additional price agreements to Proposers who are included in a tie for third place in total points.

POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator per Section 4.10.2.

Points are the total possible for each section as listed in the table below.

Evaluators will provide one score for evaluation criteria 4.10.2.1 through 4.10.2.5 (the “Technical Evaluation Criteria”) for the entire Proposal. The SPC will average all scores for the Technical Evaluation Criteria. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 7.2=72%, 9=90%, etc.

EXAMPLE:

Proposer A receives scores of 10, 9, and 8 for criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9 and uses 90% as a multiplier to the possible points of 50. 50 multiplied by 90% is 45. Proposer A’s points for the criterion is 45.

Price Points are calculated for each Subcategory as stated in the Price Evaluation Section 4.10.3.

The total price points for each Subcategory will be added to the total Technical Evaluation Criteria scores to determine a total score for each Subcategory. For example, Vendor A scores 250 Technical Evaluation Criteria (“TEC”) points for its proposal and 80 points for the Price Evaluation (“PE”) for Category E-2, Subcategory side lift, and 100 points for the Price Evaluation for Category C, Subcategory Low Floor. Vendor A’s total score for Category E-2, Subcategory side lift is 330 (250 “TEC” + 80 “PE”) pts and total points for Category C, Subcategory Low Floor equals 350 (250 “TEC” + 100 “PE”) pts.

Total pts for each Subcategory will be used to determine highest ranking Proposer for each Subcategory.

RANKING OF PROPOSERS

Proposers will be ranked per Subcategory proposed. Proposers will be given one (1) score for Technical Evaluation Criteria evaluation and a separate Price Evaluation score for each Subcategory proposed. The SPC will add the Technical Evaluation Criteria scores for each Proposal to the Price Evaluation score in a given Subcategory to determine total Subcategory points received.

Agency will rank all Proposer(s) at the conclusion of the evaluation and scoring and may, in Agency’s sole discretion, determine an apparent successful Proposer(s) with no additional rounds of competition. If additional rounds are conducted, Agency will rank advancing Proposers at the conclusion of each subsequent round and may determine an apparent successful Proposer at any time during the solicitation process.

After any applicable preference has been applied, SPC will determine the rank order for each Proposer, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

NEXT STEP DETERMINATION

At the conclusion of a round of competition, Agency may choose to conduct additional round(s) of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

Interviews Presentations/Demonstrations/Additional Submittal Items Discussions and submittal of revised Proposals Serial or simultaneous negotiations Best and Final Offers Competitive Range Determination If Agency, in its sole discretion, determines that one or more additional rounds of competition is necessary, it will select a Competitive Range to indicate the Proposers that will be invited to participate in a subsequent round. The Competitive Range may include all, or at Agency’s sole discretion, some (based primarily on a natural break in the distribution of scores), of the Proposers from a previous round.

Competitive Range Protest Proposers excluded from a round may submit a Written protest of Competitive Range. Protests must:

Be emailed to the SPC;

Reference the OregonBuys bid number ;

Identify Proposer’s name and contact information;

Be sent by an authorized representative State the reason for the protest; and Be received within 7 calendar days after issuance of the Notice of the Competitive Range unless a different due date and time is specified in such notice.

Agency will address all protests within a reasonable time and will issue a Written decision to the respective Proposer. Protests that do not include the required information may not be considered by Agency.

ADDITIONAL ROUNDS

If Additional rounds are conducted, Agency will post a notice in OregonBuys of its Competitive Range Determination and provide details about the process and schedule for the subsequent round.

SCORING AND RANKING OF PROPOSERS FOR SUBSEQUENT ROUNDS

If Agency conducts two or more rounds of competition, the rounds will be scored independently. Once the ranking from a previous round is complete and a Competitive Range has been determined, Proposers participating in a subsequent round will compete on an equal basis – scores from the previous round will be set aside and will not carry over. The Proposer with the highest score from the final round will receive the highest final ranking.

AWARD AND NEGOTIATION

AWARD NOTIFICATION PROCESS

1.1.1 Award Consideration

Agency, if it awards a Price Agreement(s), shall award a Price Agreement(s) to the highest-ranking Responsible Proposer(s) based upon the scoring methodology and process described in Section 4. Agency may award less than the full Scope defined in this RFP.

Agency may award more than one (1) Price Agreement in each of the Subcategories. Within each Subcategory, the Agency will only allow a manufacturer line to be represented once. If the two highest ranking proposals are representing the XYZ Manufacturing line, only the highest ranking responsive and responsible Proposer will be given an award for that manufacturing line. The Agency will not award XYZ Manufacturing line to the second ranking Proposer. Instead, the Agency will move on to the next ranked Proposer representing a different manufacturing line, even though it may rank lower to the second XYZ represented Proposal. This is to ensure access to as many different manufacturers as possible.

In order to obtain Price Agreement(s) for all fuel types, Agency, at its sole discretion, may award more than one (1) Price Agreement in any given Subcategory. (For example, if the top ranking Proposer(s) in Category A, Subcategory 35ft. Low Floor, do not provide an option for battery electric, the Agency may make additional award(s) to Proposers who offer a battery electric option).

If awarded a Price Agreement, Proposers will have the ability to include, upon all certifications and requirements being met, all catalog vehicles, options and parts within the category awarded.

1.1.2 Intent to Award Notice

Agency will post an Intent to Award Notice on OregonBuys as an Amendment to the bid solicitation indicating that Agency intends to award a Price Agreement to the selected Proposer(s) subject to successful negotiation of any negotiable provisions.

INTENT TO AWARD PROTEST

1.1.3 Protest Submission

An Affected Proposer shall have seven (7) calendar days from the date of the Intent to Award notice to file a Written protest.

A Proposer is an Affected Proposer only if the Proposer would be eligible for Price Agreement award in the event the protest was successful and is protesting for one or more of the following reasons as specified in ORS 279B.410:

All higher ranked Proposals are non-Responsive.

Agency has failed to conduct an evaluation of Proposals in accordance with the criteria or process described in the RFP.

Agency abused its discretion in…