ABC Bus Consortium RFS 240000001496.docx

STATE OF MICHIGAN

Department of Technology, Management and Budget—Procurement

Level 4 Automated Transit Buses Request for Solution No. 240000001496 Contracting Officer Name: Yvon Dufour Direct Phone: (517) 249-0455 Email: dufoury@michigan.gov Main Phone: 1-855-MI-PURCH 1-855-647-8724

This is a Request for Solution (RFS) for Delivery of:

Level 4 Automated Transit Buses

RFS Timeline

*A Proposer’s proposal received at 3:00:01 p.m. Eastern is late and subject to disqualification.

This RFS is subject to change. Check www.michigan.gov/SIGMAVSS for current information.

SECTION 6: BASE BUS REQUIREMENTS………………………………………………………….66

SECTION 7A: ADDITIONAL REQUIREMENTS……………………………….…………….……..67

Tables No table of figures entries found.

Request for Solution March 28, 2024

RFS #240000001496

SECTION 1: NOTICE OF REQUEST FOR SOLUTIONS

Description of the Work to be Done The Department of Technology, Management and Budget of the State of Michigan (DTMB, or State) requests Proposals for the manufacture and delivery of Level 4 Automated Transit Buses in accordance with the requirements set forth in RFS240000001496. Multiple bus manufacturers may be selected from this RFS to receive contracts for the delivery of Level 4 Automated Transit Buses. The resulting Contracts shall be firm-fixed-price Contract(s).

Automated Bus Consortium Background and Goals – This Request for Solutions is on behalf of the Automated Bus Consortium™(ABC), a collective of U.S. transit agencies and several state departments of transportation, with a goal to procure highly automated transit buses. The State of Michigan is serving as the lead procurement agency on behalf of the Consortium agencies. The Automated Bus Consortium is a first-of-its-kind approach to jointly investigate the feasibility of pilot automated bus projects and accelerate the deployment of automated transit technologies.

The highly automated buses will operate in pre-determined environments and still have drivers, steering wheels, and pedals. Based on agency procurement decisions, these vehicles would be placed into service on pilot routes selected by each participating agency, resulting in significant advancements in understanding the impacts of automation. Pilot routes for these vehicles could include rural and urban deployments, bus rapid transit, bus yard and local bus service. Current pilot projects for agency participants are presented in Appendix F and will be finalized during Contract negotiations.

Current participants in this program include member agencies City of Detroit, Dallas Area Rapid Transit, Metropolitan Atlanta Rapid Transit Authority, Metropolitan Transit Authority of Harris County, MetroLINK, Michigan Department of Transportation/Office of Future Mobility and Electrification, Capital Area Transportation Authority, Michigan State University, Huron Transit Corporation, NJ TRANSIT, Trinity Metro, and RATP Dev USA.

By combining the purchasing power of multiple agencies across the U.S., the Automated Bus Consortium aims to accelerate the adoption of state-of-the-art, safety-focused automation features not yet available to the U.S. industry. These features are designed to assist the bus operator in maneuvering the vehicle safely and improve service reliability.

General Procurement Process – This procurement will be based on a Best Value selection including evaluation of technical qualifications, ability to deliver highly automated buses and price reasonableness. A compliance of 100% for the Automated Driving Systems technical specifications is not a hard requirement but a timeline to reach 100% compliance is requested with proposal responses. Qualified Proposers are encouraged to provide Solutions for one or more buses that meet the requirements and intent of this RFS. See Section IP.13 for more information on response requirements and evaluation criteria to be used for Contract selections.

Obtaining Proposal Documents Proposal documents may be obtained electronically, at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService (Search Solicitation 240000001496).

Proposal Due Date and Submittal Requirements Proposals must be received by June 27 @ 3:00 pm Eastern.

1. Electronic – The proposer must submit its proposal, all attachments, and any modifications or withdrawals electronically through www.michigan.gov/SIGMAVSS. The price proposal should be saved separately from all other proposal documents. The proposer should submit all documents in a modifiable (native) format (examples include but are not limited to Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the proposer may also submit copies of documents in PDF. Attachment file size is limited to 6 MB per document. Proposer’s failure to submit a proposal as required may result in disqualification. The proposal and attachments must be fully uploaded and submitted prior to the proposal deadline. Do not wait until the last minute to submit a Solution, as the SIGMA VSS system requires the creation of an account and entry of certain information, in addition to uploading and submitting the materials. The SIGMA VSS system will not allow a proposal to be submitted after the proposal deadline identified in the Solicitation Closing On/Closing Date fields (Summary view/Detail view), even if a portion of the proposal has been uploaded.

Questions on how to submit information or how to navigate in the SIGMA VSS system can be answered by calling (517) 284-0540 or (888) 734-9749. The Contracting officer will not provide assistance related to the submittal of the proposal and all attachments on the day of the proposal deadline. Responsibility for a complete submission lies with the proposer.

As a backup for submitting electronically via SIGMA VSS, electronic proposals may be submitted in a CD or flash drive to either of the following addresses:

For courier delivery or hand delivery: Yvon M. Dufour, DTMB Procurement, Elliott Larsen Building, 2nd Floor North, 320 S. Walnut, Lansing, MI 48933.

By U.S. mail: Yvon M. Dufour, DTMB Procurement, Elliott-Larsen Building, PO. Box 30026, Lansing, MI 48909-7526.

The mailed backup documents are only used if required bid documents are missing and/or mislabeled from the electronic submittal via SIGMA VSS.

1. Envelopes or boxes containing Proposals shall be sealed and clearly labeled with the Proposal number and the Solicitation title: RFS 240000001496 Level 4 Automated Transit Buses. Technical and Price submittals are to be submitted in separate packages within the submittal.

2. Proposals will not be opened publicly.

Validity of Proposals Proposals and subsequent offers shall be valid for a period of 180 days.

Pre-Proposal Meeting Information (Optional) A Pre-Proposal Meeting will be held on 4/10/2024. The meeting will convene at 11:00 am EST via Conference Call/Webinar using Microsoft Teams. The call-in number and instructions are as follows:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 292 002 027 954 Passcode: HnkDcj Download Teams | Join on the web Or call in (audio only) +1 248-509-0316, 338457766# United States, Pontiac Phone Conference ID: 338 457 766# Prospective Proposers are requested to submit written questions to the Contracting Officer, identified below, in advance of the Pre-Proposal Meeting. In addition, questions may be submitted up to the date specified in “Proposed Schedule for the Procurement.” Responses will be shared with all prospective Proposers. The sources of the questions will remain confidential. Prospective Proposers are reminded that any changes to the RFS will be by written addenda only, and that nothing stated at the Pre-Proposal Meeting shall change or qualify in any way any of the provisions in the RFS and shall not be binding on the State.

Contracting Officer’s Contact Information:

Name: Yvon Dufour Title: Category Specialist Address: DTMB Procurement, Elliott-Larsen Building, PO. Box 30026, Lansing, MI 48909-7526 Phone number: (517) 249-0455 Email: dufoury@michigan.gov Fax number: (517)-335-0046 Additional contact: Procurement Office – 1-855-647-8724

Identification of Source of Funding Busses may be purchased with funds obtained through grants from the Federal Transit Administration (FTA) and, various public/private funding sources.

Signed and Dated for Posting

SECTION 2: INSTRUCTIONS TO PROPOSERS

Definitions Agency: Ordering Entity “Transit Agency”.

Authorized Signer: The person who is executing this Contract on behalf of the Contractor and who is authorized to bind the Contractor.

Best and Final Offer (BAFO): The last Proposal made by a Proposer. If a BAFO is not specifically requested by the State, or if the Proposer does not promptly respond to a request for a BAFO, then the most recent, current Proposal is the BAFO.

Competitive Range: The range of proposals that are identified as the most highly rated, unless the range is further reduced for purposes of efficiency.

Contract: For purpose of this Solicitation, means a properly executed written agreement between the State and a Proposer resulting from this Solicitation.

Days: Calendar days, unless otherwise stated.

Deviation: Variance from a requirement or specification that does not alter the basis of a Contract or adversely affects its performance.

Due Date: The date and time by which Proposals must be received by the State as specified in “Section 1: Notice of Request for Solutions.”

Notice to Proceed: The date authorized by the Contract Administrator after which the Contractor can start work.

Proposal(s): A Proposer’s response to this Solicitation, including any BAFO, which constitutes a promise, if accepted, to deliver equipment and services according to the Solicitation.

Proposer: A legal entity that makes a Proposal.

Solicitation: The State’s Request for Solutions.

Quantities The purpose of this RFS is to establish a suite of contracts to be awarded by the State of Michigan and other ABC member agencies for the purchase of Level 4 Automated Transit vehicles approximately 30-60' in length as described in this RFS. It is anticipated that length may vary by provider, however, the bus must be a heavy duty 12 year life vehicle. The quantity to be purchased by ABC Agencies under each contract will be determined by the needs of the State of Michigan and other ABC member transit agencies based on the routes selected and will be finalized in negotiations with each ABC agency. Although quantities ordered by individual agencies may vary, the total for all categories of buses is estimated to be approximately 70 buses with options not to exceed an additional 70 buses. The contracts will include associated goods and services such as spare parts, training materials and manuals.

Proposed Schedule for the Procurement The following is the Solicitation schedule for Proposers:

Pre-Proposal Meeting/teleconference: April 10, 2024 @ 11:00 am Eastern.

Contractor communications and requests: Round 1, April 24, 2024 @ 5:00 pm Eastern. Round 2, May 22, 2024 @ 5:00 pm Eastern.

Responses to Contractor’s communications and/or Agency addenda: Round 1, May 8, 2024 @ 5:00 pm Eastern. Round 2, June 5, 2024 @ 5:00 pm Eastern.

Proposal Due Date: June 27, 2024 @ 3:00 pm Eastern.

Obtaining Proposal Documents Proposal documents may be obtained electronically at https://sigma.michigan.gov/webapp/PRDVSS2X1/AltSelfService (Search Solicitation 240000001496).

Pre-Proposal Meeting/Information for Proposers A Pre-Proposal Meeting will be held on April 10, 2024. The meeting will convene at 11:00 am EST via Conference Call/Webinar using Microsoft Teams. The call-in number and instructions are as follows:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 292 002 027 954 Passcode: HnkDcj Download Teams | Join on the web Or call in (audio only) +1 248-509-0316, 338457766# United States, Pontiac Phone Conference ID: 338 457 766# Prospective Proposers are urged to make every effort to attend this meeting.

Prospective Contractors are requested to submit written questions to the Contracting Officer, identified above, in advance of the Pre-Proposal Meeting. In addition, questions may be submitted up to the date specified in “Proposed Schedule for the Procurement.” Responses will be shared with all prospective Contractors. Statements made by the Contracting officer or designee at a pre-proposal meeting are not considered modifications to the RFS. Proposers are reminded that any changes to the RFS will be by written addenda only, and nothing stated at the Pre-Proposal Meeting shall change or qualify in any way any of the provisions in the RFS and shall not be binding on the Agency. Modifications will be posted in writing on www.michigan.gov/SIGMAVSS as explained in Section IP 7, Addenda to RFS.

Questions, Clarifications and Omissions All correspondence, communication and contact in regard to any aspect of this Solicitation or offers shall be only with the Solicitation Manager identified above, Yvon Dufour. Unless otherwise instructed by the Solicitation Manager, Proposers and their representatives shall not make any contact with or communicate with any member of the Agency, or its employees and consultants, other than the designated Solicitation Manager, in regard to any aspect of this Solicitation or offers.

At any time during this procurement up to the time specified in “Proposed Schedule for the Procurement,” Proposers may request, in writing, a clarification or interpretation of any aspect, a change to any requirement of the RFS, or any addenda to the RFS. Any request for a change to any requirement of the Contract documents must be fully supported with pertinent information showing evidence that the exception will result in a condition equal to or better than that required by the RFS, without a substantial increase in cost or time requirements.

Any response that is not confirmed by a written addendum shall not be official or binding on the Agency.

If it should appear to a prospective Proposer that the performance of the Work under the Contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFS, or that any conflict or discrepancy exists between different parts of the Contract or with any federal, local State law, , rule, regulation, or other standard or requirement, then the Proposer shall submit a written request for clarification to the State within the time period specified above.

Addenda to RFS The State reserves the right to amend the RFS at any time in accordance with “Proposed Schedule for the Procurement.” Modifications will be posted on www.michigan.gov/SIGMAVSS . This is the only method by which the RFS may be modified. Any amendments to the RFS shall be described in written addenda. Notification of or the addenda also will be distributed to all such prospective Proposers officially known to have received the RFS. Failure of any prospective Proposer to receive the notification or addenda shall not relieve the Proposer from any obligation under the RFS therein. All addenda issued shall become part of the RFS. Proposers shall acknowledge the receipt of each individual addendum in their Proposals on the form Acknowledgement of Addenda. Failure to acknowledge in the Proposal receipt of addenda may at the Agency’s sole option disqualify the Proposal.

If the Agency determines that the addenda may require significant changes in the preparation of Proposals, the deadline for submitting the Proposals may be postponed no fewer than ten (10) days from the date of issuance of addenda or by the number of days that the Agency determines will allow Proposers sufficient time to revise their Proposals. Any new Due Date shall be included in the addenda.

DBE Requirements for Transit Vehicle Manufacturers Pursuant to Title 49, Code of Federal Regulations, Part 26.49, a Proposer, as a condition of being authorized to respond to this Solicitation, must certify by completing the form DBE Approval Certification that it has on file with the Federal Transit Administration (FTA) an approved or not disapproved annual disadvantaged business enterprise (DBE) subcontracting participation goal.

Buy America Certification This Contract is subject to the “Buy America” requirements of 49 United States Code (USC) §5323(j) and 49 Code of Federal Regulations (CFR) Part 661, as may be amended from time to time, and applicable federal regulations. Prospective Proposers’ attention is directed to 49 CFR §661.11, “Rolling Stock Procurements.” Prospective Proposers have the responsibility to comply with the cited and any governing statutes and regulations, including official interpretations.

A Proposer shall submit to State the appropriate Buy America certification (CER 8.1 Buy America Certification), included in this document, with all offers on FTA-funded contracts. Proposals that are not accompanied by a properly completed Buy America certification are subject to the provisions of 49 CFR 661.13 and may be rejected as nonresponsive as required by applicable federal regulations.

The two signature blocks on the Buy America certificate are mutually exclusive. Proposers shall sign only one signature block on the certificate. Signing both signature blocks will make the Proposal nonresponsive. A false certification is a criminal act in violation of 18 USC §1001.

A Proposer who has submitted an incomplete Buy America certificate or an incorrect certificate of noncompliance through inadvertent or clerical error (but not including failure to sign the certificate, submission of certificates of both compliance and noncompliance, or failure to submit any certification), may submit to the FTA Chief Counsel within ten (10) days of Proposal opening a written explanation of the circumstances surrounding the submission of the incomplete or incorrect certification in accordance with 28 USC §1746, sworn under penalty of perjury, stating that the submission resulted from inadvertent or clerical error. The Proposer will also submit evidence of intent, such as information about the origin of the product, invoices, or other working documents. The Proposer will simultaneously send a copy of this information to the Agency.

The FTA Chief Counsel may request additional information from the Proposer, if necessary. The Agency may not make Contract award until the FTA Chief Counsel issues his or her determination, except as provided in 49 CFR Part 661.15(m).

Certification based on ignorance of proper application of the Buy America requirements is not an inadvertent or clerical error.

A waiver from the Buy America provisions may be sought by the State of Michigan from the FTA for a proposed awardee, if the State of Michigan determines grounds for a waiver exist. All Proposers seeking a waiver must submit to the State of Michigan a timely request in writing, which shall include the facts and justification to support the granting of the waiver.

Conditions, Exceptions, Reservations or Understandings Proposers are cautioned to limit exceptions, conditions and limitations to the provisions of this RFS, as they may be determined to be so fundamental as to cause rejection of the Proposal for not responding to the requirements of the RFS.

All Deviations must be explicitly, fully and separately stated in the Proposal by completing the Form CER 5 for Proposal Deviation, setting forth at a minimum the specific reasons for each Deviation so that it can be fully considered and, if appropriate, evaluated by DTMB. Any Deviations may result in the Proposer receiving a less favorable evaluation than without the Deviation(s).

The Form for Proposal Deviation shall be included in Package 1: Technical Proposal Requirements (located in section IP 12.3).

Protest Procedures All protests must be in accordance with DTMB policies and Michigan law. Additional information about the protest process is available at www.michigan.gov/micontractconnect under the “Programs and Policies” link.

(Reserved) (Reserved) Protests on the Recommended Award If you wish to initiate a protest of the award, you must submit your written protest electronically at BidProtest-DTMB@michigan.gov no later than 5:00 p.m., 10 business days after posting the Award Recommendation and Evaluation Synopsis on SIGMA VSS, or by 1:00 p.m. the next business day if that date falls on a state holiday or weekend. The State reserves the right to adjust this timing and will publish any change on SIGMA VSS.

FTA Review After administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration of the U.S. Department of Transportation pursuant to the procedures provided in the FTA C 4220.1F or its successor. FTA review is limited to the alleged failure of the Agency to have written protest procedures, the alleged failure of the Agency to follow those procedures, the alleged failure of the Agency to review a protest, or the alleged violation of federal law or regulation.

Preparation of Proposals Use of Proposal Forms Proposers are advised that the forms contained in this RFS are required to be used for submission of a Proposal.

The forms are separated to enable Proposers to respond to technical and price separately. No price related information is to be included in the technical submittal.

Proposal Requirements: Multiple Proposals.

Proposer may provide solutions for different sizes and fuel types of buses. Forms, such as Certifications and Appendices included in the proposal, must be submitted for EACH size and type of bus.

Proposal Format Requirements Package 1: Technical Proposal Requirements Proposers must submit all documents in a modifiable (native) format (examples include but are not limited to Microsoft Word or Excel and Google Docs or Sheets). In addition to submitting documents in a modifiable format, the proposer may also submit copies of documents in PDF.

The Proposer shall complete and submit all documents listed below by the proposal deadline.

Package 2: Price Proposal Requirements Each Price Proposal shall be on the prescribed Proposal form(s) and shall be for the entire Contract, including all Proposal items.

The Proposer shall complete and submit all documents listed below by the proposal deadline.

The Proposer is required to complete and execute the Agency’s Pricing Schedule, contained as part of the Proposal documents, and provide same in the Price Proposal. The Proposer shall be liable for payment of all local taxes applicable to the complete bus as delivered and should add these amounts to the Proposal price.

The price proposal is to be submitted separately from the Technical submittal.

Package 3: Qualification Package Requirements The Contractor shall complete and submit all documents listed below by the proposal deadline.

Package 4: Confidential Treatment Form The Proposer shall complete and submit all documents listed below by the proposal deadline.

Agency Treatment of Proprietary/Confidential Information All portions of the Proposer’s proposal and resulting contract are subject to disclosure as required under Michigan’s Freedom of Information Act (FOIA), MCL 15.231, et seq. However, some information may be exempt from disclosure. Under MCL 18.1261(13)(b), records containing “a trade secret as defined under section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902,” are exempt from disclosure under FOIA. In addition, “financial or proprietary information” submitted with a Proposer’s proposal is exempt from disclosure under FOIA. A Proposer’s failure to comply with this Section is grounds for rejecting a Proposer’s proposal as non-responsive. As a part of its proposal, each Proposer must follow the procedure below.

1. SUBMIT A COMPLETED “CONFIDENTIAL TREATMENT FORM” (CT FORM) WITH YOUR BID (CER 9.2) Completion and submission of the CT Form is required regardless of whether the Proposer seeks confidential treatment of information. Failure to submit a completed CT Form may be cause for disqualification from the Solicitation process.

i. Complete and sign Section 1 of the CT Form if the Proposer does NOT request confidential treatment of information contained in its proposal; or

ii. Complete and sign Section 2 of the CT Form if the Proposer requests confidential treatment of certain information. Proposer must also submit a “Public Copy” of the Proposal with the trade secret, financial, and proprietary information redacted and clearly labeled as the “Public Copy.”

FOIA REQUESTS. If a FOIA request is made for a Proposer’s proposal, the Public Copy may be distributed to the public along with the Proposer’s CT Form. The CT Form is a public document and serves as an explanation for the redactions to the Public Copy. Do not put any trade secret, financial, or proprietary information in the CT Form. Do not redact the CT Form itself.

NO ADVICE. The State will not advise a Proposer as to the nature or content of documents entitled to protection from disclosure under FOIA or other laws, as to the interpretation of such laws, or as to the definition of trade secret or financial or proprietary information. Nothing contained in this provision will modify or amend requirements and obligations imposed on the State by FOIA or other applicable law.

FAILURE TO REQUEST CONFIDENTIAL TREATMENT. Failure to request material be treated as confidential as specified herein relieves the State, its agencies, and personnel from any responsibility for maintaining material in confidence.

Proposals containing a request to maintain an entire proposal as confidential may be rejected as non-responsive. Proposers may not request confidential treatment with respect to resumes, pricing, and marketing materials. The State reserves the right to determine whether material designated as exempt by a Proposer falls under MCL 18.1261 or other applicable FOIA exemptions. If a FOIA request is made for materials that the Proposer has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

Proposer forever releases the State, its departments, subdivisions, officers, and employees from all claims, rights, actions, demands, damages, liabilities, expenses and fees, which arise out of or relate to the disclosure of all or a portion of Proposer’s proposal submitted under this RFS. Proposer must defend, indemnify and hold the State, its departments, subdivisions, officers, and employees harmless, without limitation, from and against all actions, claims, losses, liabilities, damages, costs, attorney fees, and expenses (including those required to establish the right to indemnification), arising out of or relating to any FOIA request, including potential litigation and appeals, related to the portion of Proposer’s proposal submitted under this RFS that Proposer has identified as a trade secret, or financial or proprietary information. The State will notify Proposer in writing if indemnification is sought. The State is entitled to: (i) regular updates on proceeding status; (ii) participate in the defense of the proceeding; (iii) employ its own counsel; and to (iv) retain control of the defense, or any portion thereof, if the State deems necessary. Proposer will not, without the State’s written consent (not to be unreasonably withheld), settle, compromise, or consent to the entry of any judgment in or otherwise seek to terminate any claim, action, or proceeding. If a State employee, official, or law is involved or challenged, the State may control the defense of that portion of the claim. Any litigation activity on behalf of the State, or any of its subdivisions under this Section, must be coordinated with the Department of Attorney General. An attorney designated to represent the State may not do so until approved by the Michigan Attorney General and appointed as a Special Assistant Attorney General.

Signing of Proposal Forms Proposals shall include firm name (and, in the event that the Proposer is a joint venture, the names of the individual firms comprising the joint venture); business address; and the name, title, business address, telephone number, facsimile (fax) number and email address of the responsible individual(s) who may be contacted during the Proposal evaluation period for scheduling oral presentations and for receiving notices from the Agency. The Proposer shall submit with its Proposal a copy of the joint venture agreement.

Proposals shall be signed by those individual(s) authorized to bind the Proposer. The Proposer shall submit evidence of the official’s authority to act for and bind the Proposer in all matters relating to the Proposal. (In the event that the Proposer is a joint venture or consortium, a representative of each of the members of the joint venture or consortium shall execute the Proposal. Each joint venture or consortium member is jointly and severally liable for the joint venture or consortium.)

Modification or Withdrawal of Proposals A modification of a Proposal already received will be accepted by the Agency only if the modification is received prior to the Proposal Due Date, is specifically requested by the Agency or is made with a requested BAFO. All modifications shall be made in writing and executed and submitted in the same form and manner as the original Proposal.

A Proposer may withdraw a Proposal already received prior to the Proposal Due Date by submitting to the Agency, in the same manner as the original Proposal, a written request for withdrawal executed by the Proposer’s authorized representative. After the Proposal Due Date, a Proposal may be withdrawn only if the Agency fails to award the Contract within the Proposal validity period prescribed in “Duration of the Validity of Proposals,” or any agreed-upon extension thereof. The withdrawal of a Proposal does not prejudice the right of a Proposer to submit another Proposal within the time set for receipt of Proposals.

Ownership and Cost of Proposal Development The State will not be liable for any costs, expenses, or damages incurred by a Proposer participating in this Solicitation. The Proposer agrees that its proposal will be considered an offer to do business with the State in accordance with its proposal, including the Contract Terms, and that its proposal will be irrevocable and binding for a period of 120 calendar days from date of submission. If a contract is awarded to the Proposer, the State may, at its option, incorporate any part of the Proposer’s proposal into a contract. This RFS is not an offer to enter into a contract. This RFS may not provide a complete statement of the State’s environment or contain all matters upon which agreement must be reached. Other than verified trade secrets, proposals submitted via www.michigan.gov/SIGMAVSS are the State’s property.

Proposal Evaluation, Negotiation and Selection Proposals will be evaluated, negotiated, selected and any award made in accordance with the criteria and procedures described below. The approach and procedures are those applicable to a competitive negotiated procurement whereby Proposals are evaluated to determine which Proposals are within a Competitive Range. Discussions and negotiations may then be carried out with Proposers within the Competitive Range, after which BAFOs will be requested.

However, the State may select Proposals for award without any discussions or negotiations or request for any BAFOs. Subject to the State’s right to reject any or all Proposals, the Proposers whose Proposals are found to be most advantageous to the State and the member agencies of the Automated Bus Consortium will be selected, based upon consideration of the criteria of “Proposal Selection Process,” below.

Confidentiality of Proposals Proposals will not be publicly opened. All Proposals and evaluations will be kept strictly confidential throughout the evaluation, negotiation and selection process, except as otherwise required by applicable law. Only the members of the Evaluation Committee and other State officials, employees and agents having a legitimate interest will be provided access to the Proposals and evaluation results during this period.

Duration of the Validity of Proposals Proposals and subsequent offers shall be valid for the period stated in “Section 1: Notice of Request for Solutions.” The State may request Proposers to extend the period of time specified herein by written agreement between the State and the Proposer(s) concerned.

Evaluation Committee The State will establish an Evaluation Committee, which will include officers, employees and/or agents of the State and which may include, at the sole discretion of the State, members of the Automated Bus Consortium and consultant subject matter experts as non-voting participants of the Evaluation Committee. The Evaluation Committee will carry out the detailed evaluations, including establishing the Competitive Range, carrying out negotiations and making the selection of the Proposer, if any, that may be awarded Contracts.

The Evaluation Committee may report its recommendations and findings to the appropriate State of Michigan individual or body responsible for awarding or recommending an award of a Contract.

Review of Proposals for Responsiveness and Proposers for Responsibility Each Proposal will be reviewed to determine if the Proposal is responsive to the submission requirements outlined in this RFS and if the Proposer is responsible.

A Responsive Proposal is one that follows the requirements of this RFS, includes all documentation, is submitted in the format outlined in this RFS, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed nonresponsive.

A Responsible Proposer is one that demonstrates the capability to satisfy the commercial and technical requirements set forth in the Solicitation. A Proposer’s failure to demonstrate that it is responsible may result in the proposal being rejected.

Any Proposal found to be non-responsive or Proposer found to be non-responsible will not be considered further for award. Proposals that do not comply with the RFS instructions and requirements or do not include the required information may be rejected as insufficient and may not be further considered. The State of Michigan reserves the right to request that a Proposer provide additional information and/or to clarify information. The State’s determination regarding the responsiveness of a Proposal and the responsibility of a Proposer shall be final.

Proposal Selection Process The following describes the process by which Proposals will be evaluated and selections made for a potential award. Any such selection of a Proposal shall be made by consideration of only the criteria set forth below.

“Qualification Requirements” specifies the requirements for determining responsible Proposers, all of which must be met by a Proposer for it to be found qualified. Final determination of a Proposer’s qualification will be made based upon all information received during the evaluation process and as a condition for award.

“Proposal Evaluation Criteria” contains all the evaluation criteria, and their relative order of importance, by which a Proposal from a qualified Proposer will be considered for selection. An award, if made, will be to a responsible Proposer for a Proposals that is found to be in the State’s best interests, based on price and other evaluation criteria considered. The procedures to be followed for these evaluations are provided in “Evaluation Procedures,” below.

Qualification Requirements The following are the requirements for qualifying responsible Proposers and apply to both the vehicle and automation provider. All of these requirements should be met; therefore, they are not listed in any particular order of importance. Any Proposal that the Evaluation Committee finds does not meet these requirements, and cannot be made to meet these requirements, may be determined by the Evaluation Committee not to be responsible and the Proposal rejected. The requirements are as follows:

1. Sufficient financial strength, resources and capability to finance the Work to be performed and to complete the Contract in a satisfactory manner, as measured by the following:

Proposer’s financial statements prepared in accordance with generally accepted accounting principles of the jurisdiction in which the Proposer is located and audited by an independent certified public accountant; oral statement from the Proposer regarding how financial information may be reviewed by the State.

Proposer’s ability to secure financial guarantees, if required, as evidenced by a letter of commitment from an underwriter, surety or other guarantor confirming that the Proposer can provide the required guarantee.

Proposer’s ability to obtain required insurance with coverage values that meet minimum requirements, evidenced by a letter from an underwriter confirming that the Proposer can be insured for the required amount.

Evidence that the human and physical resources are sufficient to perform the Contract as specified and to ensure delivery of all equipment within the time specified in the Contract, to include the following:

Engineering, management and service organizations with sufficient personnel and requisite disciplines, licenses, skills, experience and equipment to complete the Contract as required and to satisfy any engineering or service problems that may arise during the warranty period.

Adequate manufacturing facilities sufficient to produce and factory-test equipment on schedule.

A spare parts procurement and distribution system sufficient to support equipment maintenance without delays and a service organization with skills, experience and equipment sufficient to perform all warranty and on-site Work.

Ability to maintain and update systems and software related to bus automation.

Evidence that Proposer is qualified in accordance with the provisions of “Section 8: Quality Assurance.”

Evidence of satisfactory performance and integrity on contracts in making…