Qualified_Vendor_List_(QVL)_for_the_Purchase_of_New_Vehicles_(Addendum_#1_Revision).pdf

CITY OF TUCSON

REQUEST FOR PROPOSAL

230022

QUALIFIED VENDOR LIST (QVL) FOR THE PURCHASE OF NEW

VEHICLES

Due Date: Tuesday, February 23, 2027

City of Tucson

255 W Alameda St

Tucson, AZ 85701

Procurement portal https://secure.procurenow.com/portal/tucson-az

Public Portal https://secure.procurenow.com/portal/tucson-az/projects/24977

PUBLISH DATE: January 30, 2023 https://secure.procurenow.com/portal/%7Bproject.government.code%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D https://secure.procurenow.com/portal/%7Bproject.government.code%7D/projects/%7Bproject.id%7D

CITY OF TUCSON REQUEST FOR PROPOSAL NO. 230022

BUSINESS SERVICES DEPARTMENT Page 2 of 38 SHARED SERVICES PROCUREMENT DIVISION RESPONSIBLE CONTRACT OFFICER: Taylor Rosenow

255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 PH: (520) 271-1394

Attachments:

A - OFFER AND ACCEPTANCE

G - PRICE PAGE

BUSINESS SERVICES DEPARTMENT Page 3 of 38

A. NOTICE

A.1. CITY OF TUCSON

NOTICE OF REQUEST FOR PROPOSAL NO 230022

TITLE: Qualified Vendor List (QVL) for the Purchase of New Vehicles

SUBMITTAL DUE DATE: Tuesday, February 23, 2027 AT 2:00 P.M. LOCAL AZ TIME

PRE-SUBMITTAL CONFERENCE DATE: Thursday, February 9, 2023

TIME: 10:00 am LOCAL AZ TIME

LOCATION: Microsoft Teams Virtual Meeting (Join Here)

QUESTIONS SHALL BE DIRECTED TO: Taylor Rosenow

(520) 271-1394 taylor.rosenow@tucsonaz.gov

Posted Date: Monday, January 30, 2023

Competitive sealed offers for the material or service specified in this solicitation must be submitted through the City’s online bidding system. No late submitted offer will be accepted or considered.

Responses submitted in physical form or by facsimile or email will not be considered. Offerors are cautioned to commence the submittal process sufficiently ahead of time to allow for unanticipated delays resulting from things like a slow internet connection, internet outage, difficulty uploading large documents, differing system requirements, etc.

Questions about this solicitation must be addressed to the responsible Contract Officer listed herein.

https://eams.microsoft.com/l/meetup-join/19%3ameeting_OTFlNGRkNDItYWE3ZS00Njg4LThiMzYtNTVlOTA1NzA0MzA1%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d

BUSINESS SERVICES DEPARTMENT Page 4 of 38

B. INTRODUCTION

B.1. Summary

The City of Tucson (the City) is requesting proposals from qualified vendors to develop a Qualified Vendor List (QVL) for the purchase of various new vehicles. The QVL will be used for new vehicle purchases in accordance with the provisions, specifications, and instructions as stated in this solicitation. The City seeks to contract with qualified vendors who can provide new vehicles that may be of various fuel types (gasoline, hybrid, electric, etc.) including, but not limited to:

• Automobiles: mini, subcompact, compact, coupe, sedan, and full-size

• Pickup Trucks: light duty, half ton, three-quarter ton, and one ton

• Cab and Chassis: class 4, class 5, and class 6

• Vans: passenger and cargo

• Sport Utility Vehicles (SUVs): compact, mid-size, full-size, and crossovers

• Police Pursuit-Rated SUVs, Sedans, and Trucks

• Police and Fire Special Service Vehicles (SSVs), not pursuit-rated

Proposals will be evaluated based on the evaluation criteria set forth within the solicitation. Offerors must obtain a minimum score of 70 points out of 100 possible points in order to be considered for award and placed on the QVL.

Open and Continuous Solicitation

This solicitation will be open and continuous through February 23, 2027, meaning that the City will accept proposals from prospective offerors at any time through February 23, 2027. The initial submittal period is open through 2:00pm Local AZ Time on February 23, 2023. After the initial submittal period, the City intends to review submissions every 90 days. Offers may be evaluated sooner or later than 90 days at the City's discretion. Successful offers will be awarded a contract and placed on the City's Qualified Vendor List. No awards will be made after August 23, 2027.

B.2. Contact Information

Taylor Rosenow Contract Officer Email: taylor.rosenow@tucsonaz.gov Phone: (520) 271-1394 Department:

EGSD

B.3. Timeline mailto:taylor.rosenow@tucsonaz.gov tel:(520)271-1394

BUSINESS SERVICES DEPARTMENT Page 5 of 38

Release Project Date January 30, 2023

Pre-Proposal Meeting (Non- Mandatory)

February 9, 2023, 10:00am

Agenda

Microsoft Teams Virtual Meeting

Question Submission Deadline February 18, 2027, 2:00pm

Proposal Submission Deadline February 23, 2027, 2:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTFlNGRkNDItYWE3ZS00Njg4LThiMzYtNTVlOTA1NzA0MzA1%40thread.v2/0?context=%7b%22Tid%22%3a%22d21e59ec-c208-43eb-aaf1-cf06d9a196e0%22%2c%22Oid%22%3a%22652e9589-6721-4fcc-9850-5df86435b5d0%22%7d

BUSINESS SERVICES DEPARTMENT Page 6 of 38

C. SCOPE OF WORK

C.1. SPECIFIC REQUIREMENTS

A. Vendors are encouraged to provide a full line of new vehicles, including but not limited to the following categories:

o Automobiles: mini, subcompact, compact, coupe, sedan, and full-size o Pickup Trucks: light duty, half ton, three-quarter ton, and one ton o Cab and Chassis: class 4, class 5, and class 6 o Vans: passenger and cargo o Sport Utility Vehicles (SUVs): compact, mid-size, full-size, and crossovers o Police Pursuit-Rated SUVs, Sedans, and Trucks o Police and Fire Special Service Vehicles (SSVs), not pursuit-rated

B. Vendors are encouraged to provide vehicles of varying fuel types, including but not limited to the following:

o Electric Vehicles (EVs), also called Battery Electric Vehicles (BEVs) o Plug-in Hybrid Electric Vehicles (PHEVs) o Hybrid Electric Vehicles (HEVs) o Flexible Fuel Vehicles (FFVs), also called Ethanol or E85 o Fuel Cell Vehicles (FCVs) o Compressed Natural Gas (CNG) Vehicles o Diesel o Gasoline

C. New vehicles may be Fleet/Special ordered prior to the factory cut-off date or "on the lot" from available stock.

D. The City reserves the right to order different configurations, options, and sizes for each vehicle type.

E. The City reserves the option to up-fit or modify any vehicle for specific organizational needs.

The City will supply the up-fit/modification requests to the vendor at the time the vehicle(s) is ordered. The City's requests will be supplied directly to the manufacturer's authorized third-party up-fitter.

F. Vehicles must be new and supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature (or website). Optional equipment necessary to meet the minimum requirements must be included.

G. All Fleet/Special ordered vehicles must be the manufacturer's current year models in production throughout the term of this contract and must be serviced completely by the vendor

BUSINESS SERVICES DEPARTMENT Page 7 of 38 before delivery and ready in all respects for use. For the initial contract period, vehicles must be new model year 2023 or greater.

H. All vehicles ordered on the lot must have less than 2,500 original odometer miles and be new (have never been previously owned) unless pre-approved in writing by the City.

I. All vehicles must be delivered with four (4) complete sets of entrance tools (in any combination of keyless entry remotes, integrated or smart keys, standard cut keys) and a full tank(s) of fuel, less delivery fuel.

J. All pursuit-rated and special service vehicles must be delivered with six (6) complete sets of entrance tools (in any combination of keyless entry remotes, integrated or smart keys, standard cut keys) and a full tank(s) of fuel, less delivery fuel. Pursuit-rated and special service vehicles must also be keyed/fobbed alike (Fleet keyed). When available, the City will provide the brand-specific key code of vehicles already in service.

K. Within ninety (90) calendar days after receipt of a purchase order for a Fleet/Special order vehicle, the vendor must provide the City copies of the manufacturer's order confirmation to confirm the vehicles have been ordered. If confirmation is not received within this timeframe, the City has the option to award to another vendor. Failure to provide this document for each vehicle ordered may be cause for determination of default of contract.

C.2. PRICING REQUIREMENTS

A. Detailed pricing, availability, and delivery estimates will be requested from the awarded vendor(s) by the City on an as-needed basis. The City will evaluate the responses and either accept, request revisions, or reject the proposals. The City reserves the right to award vehicle purchase orders to the vendor whose quote is most advantageous to the City with respect to price, availability, delivery time, and/or the City's needs.

B. Pricing for vehicles must be MSRP less the contracted discounted rate included in the Price Page, less any credits/rebates due to the City (including but not limited to the manufacturer's Government Price Concessions available for that model/power-train combination, applicable tax rebates, and/or additional government incentives available at the time of ordering), plus applicable taxes and agreed upon fees. A detailed breakdown of all pricing components, including descriptions and dollar amounts for each applicable discount and charge, must be provided when pricing is requested.

C. For on the lot vehicles, pricing may also include agreed upon dealer add-ons. Pricing must not include the following dealer add-ons. The City reserves the right to decline additional dealer add-ons not noted below.

1. Lifetime maintenance/oil changes

2. Lifetime warranty added to window tinting

3. Dealer added Market Adjustments

4. Dealer added options/equipment not already installed at the time of the quote, unless agreed to by the City in writing

D. Unless otherwise specified, all requested vehicle pricing must include the following equipment:

BUSINESS SERVICES DEPARTMENT Page 8 of 38

1. All standard factory equipment

2. Automatic transmission (maximum towing/payload capacity must be provided upon request)

3. Bluetooth capability

4. AM/FM radio

5. Cruise control

6. Power door locks and power windows

7. Power mirrors when available

8. Four (4) entrance tools (in any combination of keyless entry remotes, integrated or smart keys, standard cut keys)

9. Six (6) entrance tools for pursuit rated and special service vehicles (in any combination of keyless entry remotes, integrated or smart keys, standard cut keys). Pursuit-rated and special service vehicles must also be keyed/fobbed alike (Fleet keyed). When available, the City will provide the brand-specific key code of vehicles already in service.

10. Air conditioning

a. Rear air conditioning, when available

11. Cloth seats

12. Rear view mirrors including on driver and passenger doors

13. Back up camera on vehicles 10,0000 pounds and below (optional on vehicles 10,0001 pounds and above)

14. Spare tire

a. Full-size standard steel wheel with matching Original Equipment Manufacturer (OEM) spare tire identical to standard equipment with the trim level of the delivered vehicle

b. If full spare is not available due to space or manufacturer standards, an alternative must be provided and noted on the quote provided

15. Floor mats

a. OEM floor mat sets installed in all seating rows when the vehicle comes with carpeted floors

b. Fixed driver floor mat

16. Arizona legal tinted glass

17. Additional requirements for trucks (when available):

a. Anti-slip differential for three-quarter and one ton, two-wheel drive pickup trucks

b. Skid plate package and anti-slip differential for four-wheel drive vehicles

c. Front tow hooks

d. Towing package

BUSINESS SERVICES DEPARTMENT Page 9 of 38

E. No addendum to this contract is necessary for the Contractor to offer discount pricing for large volume purchases.

F. As new vehicle makes and models that meet the scope of work requirements become available during the contract term, the Contractor must submit an updated Price Page containing the new vehicle information and discounted MSRP rates to be offered. A contract modification will be required to incorporate the new vehicle information.

C.3. GENERAL REQUIREMENTS

A. DELIVERY DOCUMENTATION: Upon contract award, the Contractor will be required, with each vehicle or group of vehicles delivered on the same purchase order number, to supply a delivery ticket specifying the purchase order number of each vehicle. Where there is more than one item on a purchase order, the bid item number must also be indicated. The following documents are due upon delivery of the vehicles to the City:

o Manufacturer Statement of Origin (MSO) o Warranty document o Odometer statement o Required manuals

B. DELIVERY TO THE CITY OF TUCSON:All deliveries will be made to the City of Tucson - Fleet Services Division 4004 S. Park Ave. Tucson, AZ 85714, Monday through Friday from 8:00 a.m. to 3:00 p.m. The Contractor will be required to give the City of Tucson - Fleet Services Division a minimum of 24-hour notification prior to delivery with the anticipated time of delivery and quantity of units to be delivered.

C. GVWR AND SUSPENSION COMPONENT RATINGS:Under no circumstances will any component of the suspension system, including but not limited to tires and wheels, be acceptable if that component will cause the total Gross Vehicle Weight Rating (GVWR) of the vehicle/equipment offered to fall below the stated minimum. Vendor will ensure the vehicles/equipment offered complies with all motor vehicle laws applicable, and that no component rating will be exceeded. If deficiencies in equipment specification by the vendor are not discovered until the time of equipment delivery, the vendor agrees to repair and/or replace deficient components at the vendor’s sole expense to correct the deficiencies.

D. PARTS AND SERVICE MANUALS: The Contractor must supply the following upon vehicle delivery:

1. One (1) operator's manual per vehicle

2. Two (2) each of the following manuals per vehicle type: parts, shop service, repair, and overhaul manuals

▪ Parts and service manuals on compact disc or thumb drives are acceptable; however, access to the manufacturer technical/service website is preferred.

E. REPAIRS: The vendor will be responsible for transport of vehicles to and from their place of business for repairs until such time as the City places the vehicle in service. Transport of the vehicle will not be delayed more than one working day from date of notification.

BUSINESS SERVICES DEPARTMENT Page 10 of 38

F. REPORTS: Contractor will be required to furnish the City with MONTHLY progress reports confirming status of delivery dates. Reports for vehicles ordered by the City will be submitted to the Contract Representative at 4004 S. Park Avenue, Tucson, AZ 85714. In lieu of written reports, the Contractor may provide access to an internet-based online order tracking system that provides all required information. The Contractor must provide all access codes necessary to view this information. These reports will consist of, but not be limited to, the following:

1. Copy of Contractor's order to the factory

2. Copy of factory acknowledgment of order indicating scheduled date of production and shipment from factory

3. Factory-generated computer status reports

4. Notification to the City of any changes in production or shipping dates

5. Any special information the Contractor may have that would affect the timely delivery of the vehicles ordered in accordance with the original delivery date promise

G. SAFETY REGULATIONS FOR USE OF COMPLETED VEHICLES/EQUIPMENT:All bodies, tools, machines or other devices or equipment added to vehicles/equipment after initial construction by the original vehicle chassis/equipment manufacturer must be equipped, constructed and installed in a manner to allow for compliance with all applicable federal, state and local safety regulations in effect at the time of final vehicle/equipment delivery to the City of Tucson. Specifically, upon delivery of the vehicle/equipment to the City, all permanent or temporary modifications to the vehicle/equipment or any items included with the vehicle/equipment must meet the safety regulations included above; any such modifications, if necessary, must have been made by the vendor and/or the vendor’s subcontractor(s) prior to delivery to the City. The vendor agrees that vehicles/equipment or attached items as included above which do not meet the requirements listed here will be returned to the vendor for correction of deficiencies at the vendor’s sole expense.

H. VEHICLE INSPECTION: The City will assist the Contractor in arranging for inspection. Each vehicle delivered will be subject to a complete inspection by Fleet Services prior to acceptance. Inspection criteria will include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship and materials. If delivered equipment is returned to the Contractor prior to acceptance for any reason, all corrections must be made without any inconvenience to the City.

I. VEHICLE RECALL NOTICES:In the event of any recall notice, technical service bulletin, or other important notification affecting a vehicle purchased from this contract, a notice must be sent to Fleet Services. It will be the responsibility of the Contractor to ensure that all recall notices are sent directly to the City.

J. WARRANTY:Offerors must state the manufacturer’s standard new vehicle warranty where requested in the Evaluation Criteria for this solicitation. The warranty period will begin at the City’s in-service date of vehicle. Offerors must provide contact information with vehicle to activate warranty.

BUSINESS SERVICES DEPARTMENT Page 11 of 38

D. INSTRUCTIONS TO OFFERORS

D.1. DEFINITION OF KEY WORDS USED IN THE SOLICITATION

For purposes of this solicitation and any subsequent contract, the following terms have the meanings set forth below:

City:The City of Tucson, Arizona

Contract:The legal agreement(s) executed between City and the Successful Offeror(s). The Contract will be deemed to include all the conditions and requirements set forth in this solicitation and any Addenda to the solicitation, all the Special Terms and Conditions and Standard Terms and Conditions, and all the terms of the Offer submitted by Offeror as finally negotiated and accepted by the City.

Contractor/Consultant:A Successful Offeror that enters into a Contract with the City.

Contract Representative:The City employee or employees who have been designated to act as the City contact for this solicitation process and who are responsible for monitoring and overseeing the Contractor's performance under the Contract.

Business Services Director:The contracting authority for the City, authorized to sign contracts and addenda thereto on behalf of the City.

May: Indicates something that is not mandatory but permissible.

May not:The indicated party is prohibited from taking the action.

Must: The action or condition is required.

Offer:Any proposal, statement of qualifications, bid, or other submission provided by an Offeror in response to this Solicitation.

Offeror: Each individual or entity that submits an Offer in response to this solicitation.

Successful Offeror: An Offeror who received a Notice of Award or a Notice of Intent to Award from the City.

Will:The indicated party is promising to take the action or abide by the condition.

D.2. PRE-SUBMITTAL MEETING

A Pre-Submittal Meeting will be held at the date and time stated on the cover page of this solicitation, if such a date and time is provided. Attendance at this meeting is not mandatory, but written minutes and/or notes regarding the meeting will NOT be provided, so attendance is encouraged. The purpose of this meeting will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the City's position.

D.3. INQUIRIES

Any questions about this solicitation or the proposed Contract must be presented at the Pre-Submittal Meeting, if there is one (see above), or submitted in writing, via email, or through the online bidding system, to the Contract Officer by the Question Submission Deadline. The email must refer to the solicitation number and the paragraph number of the provision that the question concerns. The Contract

BUSINESS SERVICES DEPARTMENT Page 12 of 38

Officer may respond by email or may, if they deem it appropriate, address the question in a solicitation addendum or response through the question and answer portal in the online bidding system. Offeror may not rely on oral interpretations or clarifications about the solicitation; only questions answered in an email by the Contract Officer, posted through the online bidding system, or posted as a formal solicitation addendum will be binding.

D.4. ADDENDUM OF SOLICITATION

Solicitation Addenda will be posted on the City’s link to the online bidding website. Offeror is responsible for checking the webpage regularly for new solicitation addenda and must acknowledge each addendum to this solicitation in its submittal. Please note that vendors who have registered with the Business Services Department at https://procurement.opengov.com/portalucson-az and follow the City of Tucson will receive email notifications of solicitation addenda.

D.5. UNDERSTANDING SCOPE OF WORK

Before submitting an Offer to this solicitation, Offeror must familiarize itself with the Scope of Work, laws, regulations, physical conditions, and other factors affecting the obligations – including the expense and difficulty of fulfilling those obligations – that Offeror will have under the Contract if awarded to Offeror. No adjustment to the financial or other terms of the Contract will be justified by Offeror’s failure to fully understand or appreciate the Contract requirements or other factors affecting Contract performance.

D.6. PREPARATION OF OFFER

A. Form and Organization. If Offer forms are included in this Solicitation, Offeror’s Submittal must be on those forms. Supporting documentation must be arranged in a manner that follows and clearly refers to corresponding sections of the solicitation. Offeror may copy the submittal forms in order to complete them electronically but may not alter or rearrange them or change any paragraph designations.

B. Confidential Information. Any information in its submittal that Offeror wishes to be treated as confidential must be clearly marked “CONFIDENTIAL.”

C. Offer Contents. Offeror’s submittal must contain responses to all sections of this solicitation, any Offer forms provided must be completed and any requested supporting documentation must be attached.

D. Signatures. Offeror must include in their submittal signed copies of the Offer and Acceptance page. Any cover letter accompanying the proposal documents must be signed. Offeror must initial each erasure, interlineation or other modification in the submittal. The person signing and initialing on behalf of Offeror must be a person authorized to legally bind Offeror.

E. Prices. Where a unit price is provided it will govern over any erroneous extension of the price.

F. Time Periods. Periods of time, stated as a number of days, will be calendar days unless specifically stated otherwise.

G. Accuracy. Mistakes in preparation of its submittal confers on Offeror no right to modify or withdraw its submittal after the Submittal Deadline.

https://procurement.opengov.com/portalucson-az

BUSINESS SERVICES DEPARTMENT Page 13 of 38

H. Cost of Preparation. The City will not reimburse Offeror for the cost of developing, presenting, submitting or providing any response to this solicitation.

I. Subcontractors. Offeror must, in their submittal, list any subcontractors that it will utilize in the performance of the Contract if they are awarded the Contract and must describe their qualifications in detail.

J. Incomplete Information. Failure to include all requested information may have a negative impact on the evaluation of Offeror’s submittal.

D.7. PAYMENT DISCOUNTS

Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City’s payment warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. Payment discounts of twenty-one calendar days or more shall be deducted from the proposed price in determining the price points. However, the City shall be entitled to take advantage of any payment discount offered by a vendor provided payment is made within the discount period. The payment discount shall apply to all purchases and to all payment methods.

D.8. TAXES

The City is exempt from federal excise tax, including the federal transportation tax, but is not exempt from any other taxes, including state and local sales and excise taxes.

D.9. EXCEPTIONS TO CONTRACT PROVISIONS

By submitting an offer in response to this solicitation, Offeror is offering to enter into the Contract with the City. If Offeror wishes to modify any Contract terms and conditions, Offeror must, in its Offer, clearly identify the changes it is requesting. No requested modification will be deemed accepted by the City unless and until the City’s Business Services Director or their designee expressly accepts it in writing.

D.10. PUBLIC RECORD

Any documents submitted by Offeror in response to this solicitation will become the property of the City.

Except as set forth below with respect to Confidential Information, the Submittal will be deemed to be a public record available for review by the public after the award notification.

D.11. CONFIDENTIAL INFORMATION

The City is obligated to abide by the Arizona Public Records Law, A.R.S. §§ 39-101 through 39-161. If Offeror believes that any portion of its Offer, specification, protest or correspondence contains information that is confidential and subject to being withheld from disclosure in the event that the City receives a public records request to which the record is responsive, Offeror must, when the record is submitted, provide the Contract Officer written notification of that fact. The records or portions of records that Offeror wishes to be treated as confidential must also be clearly marked “CONFIDENTIAL” on their face. Pricing will not be treated as confidential.

BUSINESS SERVICES DEPARTMENT Page 14 of 38

If the City, after award notification, receives a public-records request the scope of which includes a document submitted by Offeror and marked "CONFIDENTIAL", the Contract Officer will make a written determination regarding whether the document will be provided to the requestor. If the Contract Officer determines that the document should be released, City will notify Offeror in writing. Unless Offeror, within 10 days after the date of that notice, obtains and provides to City an order from a court of competent jurisdiction prohibiting the City from releasing the documents, the City may release the documents without any liability to Offeror.

D.12. WHEN AND HOW TO SUBMIT OFFERS

In order to be considered, Offeror must, no later than the Offer Submittal Deadline, submit its Offer electronically through the City’s online bidding system: https://procurement.opengov.com/portalucson-az.

NOTE: THE ENTIRE OFFER MUST BE IN "“SUBMITTED"” STATUS IN THE CITY’S ONLINE

BIDDING SYSTEM IN ORDER TO BE CONSIDERED. RESPONSES THAT HAVE BEEN CREATED

IN THE SYSTEM, BUT THAT ARE NOT IN "“SUBMITTED"” STATUS BY THE OFFER SUBMITTAL

DEADLINE WILL NOT BE CONSIDERED.

D.13. CERTIFICATION OF NONCOLLUSION; CONFLICTS OF INTEREST

Offeror will not communicate, orally or in writing, with any member of the Mayor and Council, or with any City staff outside the Procurement Division of the Business Services Department, regarding this Solicitation. By submitting an Offer, Offeror warrants that:

A. Preparation and submission of the submittal did not involve collusion or other anti-competitive practices.

B. Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with this solicitation.

C. No person has been employed or retained to solicit or secure a Contract under this solicitation upon a promise of a commission, percentage, brokerage, or contingent fee.

D. No employee of the City involved in this Solicitation process, or any family member of such an employee, has any substantial financial interest in Offeror’s firm. No member of the City of Tucson Mayor and Council who has, or whose family member has, any substantial financial interest in Offeror’s firm will participate in any action taken by the Mayor and Council with respect to this Contract. The terms “relative” and “substantial interest” have the meanings assigned in A.R.S. § 38-502

The City may disqualify Offeror from further participation in the solicitation process if the City determines that any City employee or official involved in this Solicitation process has an actual or apparent conflict of interest or if Offeror has engaged in any collusion or anti-competitive practices.

BUSINESS SERVICES DEPARTMENT Page 15 of 38

D.14. WITHDRAWAL OF OFFER; BINDING OFFER

By submitting an Offer in response to this Solicitation, Offeror is offering to enter into the Contract with the City. Offeror may withdraw a submitted Offer at any time prior to the Offer Submittal Deadline.

Telephonic or oral withdrawals are not effective.

Offeror cannot withdraw an Offer that is in “submitted” status as of the Offer Submittal Deadline unless the Director of the Business Services Department consents in writing to the withdrawal. The Offer will be irrevocable for 90 days after the Offer Submittal Deadline.

D.15. DISCUSSIONS

The City may, at its discretion, conduct discussions with Offeror for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in Offeror’s submittal in order to clarify the offer and assure full understanding of, and responsiveness to, solicitation requirements.

D.16. VENDOR REGISTRATION; BUSINESS LICENSE

In order to be eligible for award of a Contract, Offeror must:

A. Register with the City’s Business Services Department. Registration can be completed at https://procurement.opengov.com/portalucson-az.

B. Obtain a City of Tucson Business License or a written determination from the City's Business License Section that a license is not required. Application for a City Business License can be completed at http://www.tucsonaz.gov/etax. For questions contact the City's Business License Section at (520) 791- 4566 or email at tax-license@tucsonaz.gov

BUSINESS SERVICES DEPARTMENT Page 16 of 38

E. OFFER EVALUATION AND CONTRACT AWARD

E.1. PROPOSAL EVALUATION CRITERIA – (listed in relative order of importance)

A. Method of Approach

B. Qualifications and Experience

C. Price Proposal

E.2. INTERVIEWS

The City may interview some or all of the offerors at any point during the evaluation process. If interviews are conducted, information provided during the interview process will be taken into consideration in the evaluation process. The City will not reimburse the Offeror for any costs Offeror incurs during its participation in the interview process.

E.3. ADDITIONAL INVESTIGATIONS

The City may undertake any additional investigations it deems appropriate to evaluate the competence and financial stability of any offeror.

E.4. OTHER INFORMATION

Information that evaluation committee members have about an offeror beyond what is provided in the offeror’s Offer may be taken into consideration during the evaluation process.

E.5. PRICE

A. Tax Offset Policy. If applicable under Section 28-18(6) or Section 28-17(7)(d) of the Tucson Procurement Code, the City will include the amount of all business privilege taxes other than the City’s in evaluating the pricing component of each Offer.

B. Payment Discounts. Any discounts offered by Offeror for payments made within 21 calendar days or more will be deducted from the proposed price in evaluating an offeror’s pricing.

However, the City may take advantage of any early- or timely-payment discounts offered by a vendor. Any proposed payment discount will apply to all purchases and to all payment methods

E.6. CITY’S RIGHT TO WAIVE DEFECTS OR REJECT OFFERS

Notwithstanding any other provision of this solicitation, the City may:

A. Waive any immaterial defect or informality; or

B. Reject any or all submittals, or portions thereof; or

C. Reissue the solicitation.

BUSINESS SERVICES DEPARTMENT Page 17 of 38

E.7. CONTRACT NEGOTIATIONS

At the City’s discretion, it may negotiate with one or more responsible offerors to agree upon the final conditions, terms and price of the Contract. In doing so, the City will treat offerors fairly and will not disclose to any offeror information from responses submitted by other offerors. Exclusive or concurrent negotiations do not constitute a contract award and do not confer any rights to the offerors participating in such negotiations. In the event the City deems that negotiations are not progressing, the City may formally terminate these negotiations and may enter into concurrent or exclusive negotiations with the next most qualified firm(s).

E.8. AWARD OF CONTRACT

A Contract is created when, and only when, it is formally awarded, which occurs when the Business Services Director and the City Attorney sign the Offer and Acceptance page of the Successful Offeror’s submittal. When a Contract is awarded, the City will send the Contractor a Notice of Award.

The City may first issue a Notice of Intent to Award to the Successful Offeror(s). Offeror, if it receives a Notice of Intent to Award from the City, must sign and file with the City, within five (5) days after receipt of the Notice, all documents necessary for execution of the Contract. A Notice of Intent to Award does not create a contract. Only a subsequent formal award, as described above, creates a Contract.

E.9. MULTIPLE AWARDS

The City, at its sole discretion, may award multiple Contracts.

E.10. SOLICITATION RESULTS

After the City issues a Notice of Award, the City will post the name(s) of the Successful Offeror(s) on the Business Services Department’s Internet site at https://secure.procurenow.com/portalucson-az.

E.11. PROTESTS

Any interested party, may, in accordance with Article IX of the Tucson Procurement Code, protest either this solicitation or the award of a Contract under this solicitation. A protest based on alleged improprieties in this solicitation must be filed no later than five (5) working days before the Proposal Submittal Deadline. A protest of a proposed or actual award must be filed no later than ten (10) calendar days after the City issues a Notice of Intent to Award or, if no Notice of Intent to Award is issued, after the City issues a Notice of Award.

A protest must be made in writing and filed with the Contract Officer. It must include:

A. The name, address, and telephone number of the protestant;

B. The signature of the protestant or its representative;

C. The solicitation or Contract number;

D. A detailed statement of the legal and factual grounds for the protest along with copies of all relevant documents; and

E. The form of relief requested.

https://secure.procurenow.com/portalucson-az

BUSINESS SERVICES DEPARTMENT Page 18 of 38

F. EVALUATION CRITERIA

The evaluation of each proposal shall be based on the criteria stated below. Offerors must obtain a minimum score of 70 points in order to be considered for award and placed on the Qualified Vendor List.

No. Evaluation Criteria Scoring Method Weight (Points)

BUSINESS SERVICES DEPARTMENT Page 19 of 38

1. Method of Approach

A. Provide the vehicle manufacturer(s) you can supply.

Include information on the types of vehicles you can offer that meet the following Scope of Work requirements:

o Vehicles including but not limited to the following categories:

▪ Automobiles: mini, subcompact, compact, coupe, sedan, and full-size

▪ Pickup Trucks: light duty, half ton, three-quarter ton, and one ton

▪ Cab and Chassis: class 4, class 5, and class 6

▪ Vans: passenger and cargo

▪ Sport Utility Vehicles (SUVs): compact, mid-size, full-size, and crossovers

▪ Police Pursuit-Rated SUVs, Sedans, and Trucks

▪ Police and Fire Special Service Vehicles (SSVs), not pursuit-rated o Vehicles including but not limited to the following fuel types:

▪ Electric Vehicles (EVs), also called Battery Electric Vehicles (BEVs)

▪ Plug-in Hybrid Electric Vehicles (PHEVs)

▪ Hybrid Electric Vehicles (HEVs)

▪ Flexible Fuel Vehicles (FFVs), also called Ethanol or E85

▪ Fuel Cell Vehicles (FCVs)

▪ Compressed Natural Gas (CNG) Vehicles

▪ Diesel

▪ Gasoline

N/A N/A

BUSINESS SERVICES DEPARTMENT Page 20 of 38

B. Describe your capacity to deliver products in a timely manner and any special processes you have in place to expedite the turn-around time for Fleet/Special Orders.

C. Provide information detailing the type(s) and extent(s) of coverage under each manufacturer's standard warranty. State the warranty year/miles for each of the following:

1. Chassis

2. Emission Controls

3. Engine

4. Differential

5. Transmission

6. Frame

7. Electrical System

8. Air Conditioning

9. Body

10. Other: Emissions, Safety Restraint

2. Qualifications and Experience A. Provide a brief history of your business, including, but not limited to, number of years in business, facility location(s), hours of operation, etc.

B. Provide a list of agencies or companies for whom you have provided fleet purchasing for within the last three (3) years.

Include a minimum of three (3) contact names and phone numbers for reference purposes.

C. List the key personnel who will manage this contract, should your firm be awarded. Provide their resumes and/or biographies.

D. Disclose involvement in any legal proceedings, lawsuits or governmental regulatory actions, taken or pending, and any contractual demands for assurance regarding provision of similar services in the last five (5) years.

BUSINESS SERVICES DEPARTMENT Page 21 of 38

3. Price Proposal

A. Complete the Price Page found as an attachment to this solicitation.

B. Explain what additional discounts and/or incentive programs you expect to offer for the types of vehicles that meet the Scope of Work requirements.

BUSINESS SERVICES DEPARTMENT Page 22 of 38

G. SPECIAL TERMS AND CONDITIONS

G.1. BRAND OR TRADE NAMES

Any manufacturer's names, trade names, brand names or catalog numbers used in the solicitation are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference is not intended to limit or restrict any bid/offer by any vendor, but is only listed in order to advise potential bidders/offerors of the requirements of the City. Any bid/offer which proposes like quality, design or performance will be considered.

G.2. FOB DESTINATION FREIGHT PREPAID

Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor.

All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection.

G.3. LIVING WAGE REQUIREMENTS

Contractor will comply with all applicable provisions of the City’s Living Wage Ordinance (Article XIV of the Tucson Procurement Code). Contractor will, upon request, affirm in writing that Contractor is in compliance and will provide City with information and documentation demonstrating that compliance.

The City’s Living Wage ordinance can be found at the following link:

https:/ucsonprocurement.com/bidders_livingwage.aspx.

G.4. PRICE ADJUSTMENT

At least 90 days before the date that the Contract is eligible for extension, Contractor may submit to the Contract Officer a request for price adjustments based on documented increased Contractor costs and the City may, at its discretion, make price adjustments, which will apply during the extension term.

G.5. TERM AND RENEWAL

The term of the Contract will commence when awarded to Contractor and remain in effect until August 13, 2024, after contract award, unless terminated, canceled, or extended as otherwise provided herein.

The City may, at its sole option, extend the Contract’s term for additional one-year periods or portions thereof, with a final term completion date of August 13, 2028. All contracts resulting from this solicitation will expire on August 13, 2028, regardless of when the contract is executed.

G.6. COOPERATIVE PURCHASING

Contractor will, when required, provide goods and services at the same prices and under the same terms and conditions as set forth in this Contract to any public or nonprofit agency that, at the time of request, has a Cooperative Purchasing Agreement with the City or participates in the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See https://ucsonprocurement.com/bidders_livingwage.aspx.

BUSINESS SERVICES DEPARTMENT Page 23 of 38 http://www.tucsonprocurement.com/coop_partners.aspx and click on "Cooperatives" for a list of agencies that have Cooperative Purchasing Agreements with the City; see http://mesaaz.gov/home/showdocument?id=23638 for a list of agencies participating in SAVE. These lists are subject to change. Contractor may, however, charge an agency that is outside the Tucson Metropolitan Area for additional out-of-pocket expenses that will be incurred by Contractor in providing goods and services to the agency (i.e., freight charges, travel related expenses, etc.).

Each participating agency that orders goods or services under this Contract as provided above is solely responsible for paying Contractor for those goods and services. the City is not responsible for any disputes arising out of transactions made by others.

http://www.tucsonprocurement.com/coop_partners.aspx http://mesaaz.gov/home/showdocument?id=23638

BUSINESS SERVICES DEPARTMENT Page 24 of 38

H. INSURANCE REQUIREMENTS

H.1. Required Insurance Policies

Contractor will obtain and maintain during the entire term of this Contract and for 2 years after the Contract term ends, the following insurance coverage from insurers that have an “A.M. Best” rating of not less than A-VII:

H.2. Commercial General Liability

Policy must include Bodily Injury, Property Damage, Personal Injury and Broad Form Contractual Liability with coverage limits no lower than:

A. Each Occurrence: $1,000,000

B. General Aggregate: $2,000,000

C. Products & Completed Operations Aggregate: $2,000,000

D. Personal and Advertising Injury: $1,000,000

E. Blanket Contractual Liability: $1,000,000

H.3. Commercial Automobile Liability

Policy must include bodily injury and property damage, for any owned, hired, and/or non-owned vehicles used in performance of work under this Contract, with a Combined Single Limit no lower than $1,000,000.

H.4. Worker's Compensation

Policy must have coverage limits no lower than:

A. Per Occurrence: Statutory

B. Employer's Liability: $1,000,000

C. Disease Each Employee: $1,000,000

D. Disease Policy Limit: $1,000,000

E. [If Contractor is a Sole Proprietor, include this waiver provision under A.R.S. § 23-961(M). To determine whether the Contractor is a Sole Proprietor, please request the Sole Proprietor/Independent Contractor form from the Contract Officer listed in the solicitation.] I am a sole proprietor, and I am doing business as [name of sole proprietor business]. I am performing work as an independent contractor for the City of Tucson. I am not the employee of the City of Tucson for workers' compensation purposes, and, therefore, I am not entitled to workers' compensation benefits from the City. I understand that if I have any employees working for me, I must maintain workers' compensation insurance on them.

BUSINESS SERVICES DEPARTMENT Page 25 of 38

H.5. Garage Liability & Garage Keepers Liability

Garage Liability: $1,000,000

Garage Keeper's Liability - Direct Primary Coverage

A. Each Auto: $500,000

B. Each Occurrence: $1,000,000

H.6. Policy Change Notice

Contractor will give the City 30 days advance written notice before any of the above policies are changed in any manner that is inconsistent with the requirements of this Contract. The notice must be sent directly to the Procurement Division of the Business Services Department.

H.7. Additional Insured

The Commercial General Liability, Commercial Automobile Liability and umbrella policies where applicable will include the City as an additional insured with respect to liability arising out of the performance of this contract. The City must be covered to the full policy limits, even if those limits of liability are in excess of those required by this Contract. The coverage must be primary and any insurance carried by City is excess and not contributing.

H.8. Claims-Made Coverage

If any or part of the required insurance is written on a claims-made basis, any policy retroactive date must precede the date of the contract and the Contractor must maintain such coverage for a period not less than three (3) years following contract expiration, termination or cancellation.

H.9. Additional Requirements

Each insurance policy required by this Contract, excluding Professional Liability (Errors & Omissions), must include or be endorsed to include to provide the following:

A. A waiver of subrogation endorsement in favor of the City, for losses arising from work performed by or on behalf of the Contractor (Including Worker’s Compensation).

B. The policy is primary and any insurance carried by the City is excess and not contributing.

C. The coverage provided by the policy is not limited to the liability assumed under the indemnification provisions of this Contract.

D. The insurer will provide written notice to the City at least ten (10) calendar days before the policy is terminated or cancelled or the coverage is reduced.

H.10. Verification of Coverage

A. Contractor will give the City certificates of insurance (ACORD form or equivalent approved by the City), signed by an authorized representative of the insurer, showing that the Contractor has all the insurance required by this Contract.

BUSINESS SERVICES DEPARTMENT Page 26 of 38

B. Contractor must deliver the certificates directly to the Procurement Division of the City’s

Business Services Department before the Contractor commences work under this Contract.

C. The certificates must contain the City project/contract number and project description.

D. The City reserves the right to require complete copies of all insurance policies required by this Contract at any time.

H.11. Subcontractors

Contractors’ insurance certificate(s) must include all subcontractors as insureds under its policies or Contractor must give the City separate certificates and endorsements for each subcontractor showing that each subcontractor has the insurance coverage described above.

H.12. Public Entities

If Contractor or any sub-contractor is a public entity that self-insures as permitted by law, then the insurance requirements in this Section 8 will not apply to that entity and that entity must instead provide a Certificate of Self- Insurance.

H.13. Sufficiency of Coverage

The City in no way warrants that the required minimum insurer rating in this Contract is sufficient to protect the Contractor from potential insurer insolvency, nor that the required liability limits are sufficient to protect Contractor.

BUSINESS SERVICES DEPARTMENT Page 27 of 38

I. STANDARD TERMS AND CONDITIONS

I.1. ADVERTISING

Contractor will not advertise or publish information concerning this Contract without prior written consent of the City’s Business Services Director.

I.2. COMPLIANCE WITH LAWS

The parties will comply with all federal, state and local laws, rules, regulations, standards and Executive Orders including, without limitation, the following:

A. Americans with Disabilities Act. Contractor will comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 -- 12213) and applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36.

B. Workers’ Rights Laws. Contractor will comply with all applicable provisions of Federal and State Child Labor and Workers’ Rights laws and agrees if called upon to affirm in writing that they and any subcontractors working under this Contract are in compliance.

C. Affirmative Action. Contractor will comply with Chapter 28, Article XII of the Tucson City Code Chapter 28.

I.3. GOVERNING LAW AND VENUE

This Contract is governed by the laws of the State of Arizona and the City and Contractor will have all remedies afforded to each by the Tucson Procurement Code and the laws of the State of Arizona. Any lawsuits regarding this Contract must be brought in a court of competent jurisdiction in Pima County, Arizona.

I.4. ARBITRATION

Notwithstanding any other provision in this Contract, no agreement by the City to arbitrate a dispute is binding unless given expressly and in writing after execution of this Contract. However, if both parties agree, disputes may be resolved through arbitration following the process in A.R.S. § 12-1501, et seq.

Contractor must continue to perform under this Contract without interruption, notwithstanding the provisions of this section.

I.5. ASSIGNMENT

Contractor may not assign its rights or obligations under this Contract without the prior written permission of the City's Business Services Director. The City will not unreasonably withhold approval for a requested assignment.

I.6. SUBCONTRACTS

Contractor may not enter into any subcontracts for work under this Contract without the advance written approval of the City's Business Services Director. All subcontracts will incorporate all the terms and

BUSINESS SERVICES DEPARTMENT Page 28 of 38 conditions of this Contract. Contractor is responsible for contract compliance and quality of work of any subcontractors used.

I.7. PROTECTION OF CITY PROPERTY

If this Contract requires Contractor to perform any work on City-owned property, Contractor will use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on the…