RFP 22-0011_Electrict Bus Master Contract~1.pdf

REQUEST FOR PROPOSALS

Solicitation No: 22-0011

For the Provision of

Master Contract for Electric School Buses

RFP Closing (Due Date & Time):

September 2, 2022 at 2:00 PM Pacific Time

Issued by:

Beaverton School District 48J

16550 SW Merlo Road Beaverton, Oregon 97003

August 19, 2022

SECTION I – INTRODUCTION

Solicitation No: RFP 22- 0011

Master Contract for Electric School Buses

1. INTRODUCTION:

This Solicitation is issued pursuant to ORS 279A, and 279B, the Oregon Attorney General Model Rules Divisions 46 and 47, and applicable District Policies and Administrative Regulations.

2. DEFINITIONS:

The term "District" or “Owner” throughout this document means the Beaverton School District (BSD). The term “Proposer” means the person or firm that submits a Proposal in response to this Solicitation. The term “Proposal” or “Offer” means a written response to provide Goods or Services in response to this Solicitation.

“Closing” means the date and time specified in the Solicitation as the deadline for submitting Proposals.

“Contractor”, “Supplier”, or “Provider” means the firm awarded a Contract as a result of this Solicitation.

3. SOLICITATION REVIEW:

Proposers must carefully review the Solicitation documents and are responsible for knowing and understanding all terms and conditions. Unless defects, ambiguities, omissions, or errors are brought to the District's attention by protest pursuant to QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST in Section III, protests or appeals based on such defects, ambiguities, omissions or errors received after issuance of the Notice of Intent to Award (NOI) may not be favorably considered.

4. BACKGROUND:

a. The Beaverton School District encompasses approximately 57 square miles in northwestern Oregon in

Washington County. The District, located in the Portland, Oregon metro area, is the third largest School District in Oregon.

b. The Beaverton School District has approximately 4,700 employees. The District is responsible for educating approximately 40,870 students in kindergarten through grade 12 at thirty-four (34) Elementary Schools, nine (9) Middle Schools, six (6) High Schools, five (5) Options Schools, and nineteen

(19) Options Programs.

c. The Transportation Department is the largest district-owned operation in the state of Oregon with over 300 buses and 275 employees. The department transports approximately 22,000 students in grades K-12 on over 230 daily routes.

5. SCOPE OF WORK:

The scope of work for this Request for Proposals (RFP) includes the provision of Type C and/or Type D Electric School Buses (“Bus(es)”) to the Beaverton School District (“District”) on an as needed basis, as determined by the District. Provision of the Buses shall be in accordance with the timelines, specifications, and prices as indicated in the RFP.

A Proposer may submit a Proposal that includes Type C bus(ses), Type D bus(ses), or both. If a Proposer wishes to Propose both Type C and Type D busses, they may, at their discretion, submit a single Proposal for both bus types, or up to two Proposals (i.e., one for Type D and another for Type C). A Proposer may not submit more than one Proposal per bus type. Doing so may result in all Proposals for that bus type being found non-responsive.

6. CONTRACT:

The successful Proposer, selected by the District, will receive a Master Price Agreement. A sample is enclosed herein (see SECTION V - ATTACHMENTS).

a. Proposers are advised to thoroughly review and familiarize themselves with the standard contract.

Certain contract terms reflect state statute and may not be altered.

b. The successful Proposer will be expected to promptly sign a contract including all standard terms and

SECTION I – INTRODUCTION

Solicitation No: RFP 22- 0011

Master Contract for Electric School Buses conditions contained in the sample contract. The District will execute the Contract only after it has obtained all applicable required documents and approvals.

Individual Project Work Authorizations (PWAs) or Purchase Orders will be issued by the District on an as needed basis.

7. AMENDMENTS:

The District may amend a Contract without additional competition pursuant to OAR 137-047-0800.

8. CONTRACT PERIOD/EXTENSION:

a. The selected Proposer will be issued a Contract that will become effective upon full execution through June 30, 2023.

b. The District may, at its sole discretion, offer to renew the contract for up to 4 additional one-year terms.

c. Should the District elect to extend the Contract for a series of or an additional one (1) year term(s), the

District will send related correspondence to the Contractor for each consecutive contract period.

d. The Supplier's Pricing and Rates must remain firm through June 30 of each contract period.

9. CONTRACT ADMINISTRATOR:

The Contract Administrator for this Master Price Agreement will be the Purchasing Manager, or designee.

10. DISTRICT REPRESENTATIVE:

The District Representative for the project is the Administrator for Transportation Services, or designee.

11. SOLICITATION SCHEDULE:

The milestones for the selection process are set forth below. The dates are specific and will be followed to the extent reasonably possible. The purpose of this schedule is for Proposer information only. The District reserves the right to deviate from this schedule.

Solicitation Milestone Non-Mandatory Pre-Proposal Conference* Deadline for Questions, Clarifications, Requests for Change, and Solicitation Protests Submit Proposals (“Closing”) Notice of Intent to Award Issued (anticipated) Contract Executed (anticipated)

Completion Date August 25, 2022, 1:00 PM

August 26, 2022, 4:00 PM September 2, 2022, 2:00 PM September 9, 2022 September 20, 2022

12. CONTACT DURING SOLICITATION:

Questions must be submitted in writing via email to contracts@beaverton.k12.or.us as indicated on the Summary page of this Solicitation. Prospective Proposers may also contact Peter Madaus by phone at 503-207-3901. Contacting anybody other than the District's purchasing staff regarding this solicitation during the solicitation process is not permitted. Unauthorized contact regarding this solicitation may, in the Purchasing Manager's sole discretion subject the offender’s Proposal to rejection.

*Interested parties must email contracts@beaverton.k12.or.us to receive the Zoom access information for the Non-Mandatory Pre-Proposal Conference.

mailto:contracts@beaverton.k12.or.us

SECTION II – STATEMENT OF WORK

Solicitation No: RFP 22-0011

Master Contract for Electric Buses

1. PURPOSE AND INTRODUCTION:

The United States Environmental Protection Agency, Federal Highway Administration, Oregon Department of Environmental Quality, and other governmental entities have and will continue to make grant funds available to school districts in order to encourage the replacement of diesel-powered school buses with similar equipped electric school buses. Replacement of diesel-powered buses is essential to eliminating exhaust gases and diesel particulate which can be harmful to students. The District seeks the services of qualified suppliers to provide electric school buses in a timely, cost-effective manner on an as needed basis.

A Proposer may submit a Proposal that includes Type C bus(ses), Type D bus(ses), or both. If a Proposer wishes to Propose both Type C and Type D busses, they may, at their discretion, submit a single Proposal for both bus types, or up to two Proposals (i.e., one for Type D and another for Type C). A Proposer may not submit more than one Proposal per bus type. Doing so may result in all Proposals for that bus type being found non-responsive.

2. BACKGROUND/BUS ELECTRIFICATION GOALS:

As of the time of this RFP, the District has funding to purchase at least one electric bus (assuming pricing is within the District’s available funding level). Although there is no guaranteed amount of purchases to be made under any Contracts resulting from this RFP, the District endeavors to replace approximately thirty

(30) diesel buses with electric-powered buses in the next 36-48 months.

3. DESIRED PROPOSER ATTRIBUTES:

a. The most desirable Proposers shall have demonstrable experience in the successful and reliable delivery of one or both types of electric school buses indicated in ATTACHMENT I Bus Specifications.

4. REQUIRED/DESIRED DELIVERY REQUIREMENTS:

a. Required: F.O.B. Destination (Beaverton School District Transportation Department) delivery terms.

See the required Certification under Section IV of this RFP for more detail of the required terms.

b. Desired: The District requires delivery of electric school buses no later than 365 days from the date of issuance of a purchase order. Proposers guaranteeing shorter delivery schedules will be more desirable in relevant evaluation area(s). The awardee shall reimburse the District a fixed sum for each day beyond the guaranteed date bus delivery is delayed.

5. REQUIRED/DESIRED SCHOOL BUS ATTRIBUTES:

a. Required: All school buses included in Proposals must be Type C and/or Type D Electric School Buses.

b. Desired: Buses that most closely meet the Bus Specifications provided in ATTACHMENT H are the most desired.

6. REQUIRED/DESIRED PRICING

a. Required: Pricing shall be held firm as proposed for the initial contract term. Adjusted pricing shall be held firm for each subsequent Contract term, if any.

b. Desired: The lowest pricing for the Proposed items during the initial contract term.

c. Desired: Price adjustment terms that ensure the lowest possible pricing throughout the Contract

(including all possible contract renewals) for all proposed Buses.

SECTION III – INSTRUCTIONS TO PROPOSERS

Master Contract for Electric School Buses

1. FORMAL SELECTION PROCEDURE: Pursuant to OAR 137-047-0260 The District may procure Goods or Services by competitive sealed Proposals as set forth in ORS 279B.060.

2. PRE-PROPOSAL CONFERENCE: Pursuant to OAR 137-047-0420

a. Purpose. The District may hold pre-Proposal conferences with prospective Proposers prior to Closing, to explain the procurement requirements, obtain information, and/or to conduct site inspections.

b. Required Attendance. If the District’s pre-Proposal conference is mandatory (as indicated on the

Summary Page) a Proposal submitted by a Proposer who did not attend the mandatory pre-Proposal conference will be rejected.

c. Statements Not Binding. Statements made by the District's representative at the pre-Proposal conference do not change the Solicitation Document unless the District confirms such statements with a Written Addendum.

3. PROPOSALS ARE OFFERS: Pursuant to OAR 137-047-0310 A Proposal submitted in response to this Solicitation is the Proposer’s offer to enter into a Contract.

a. By signing and submitting a Proposal, the Proposer acknowledges it has read, understands and agrees to be bound by the terms and conditions contained in this Solicitation.

b. The Proposal is a "firm offer," and must be held open by the Proposer for the District's acceptance for sixty (60) days.

c. The District's Award of a Contract constitutes acceptance of the Proposal and binds the Proposer to the

Contract.

d. The Proposer must not make its Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation.

4. PROPOSAL PREPARATION: Pursuant to OAR 137-047-0400 A Proposer must sign and submit its Proposal in accordance with the instructions set forth in this Solicitation. Failure to submit Proposals in accordance with the provisions of this Solicitation will be grounds to declare the Proposal as non-Responsive. Proposers must:

a. Submit a complete Proposal (a Proposal that meets all requirements of this Solicitation);

b. Provide the District with all required and requested documents and descriptive literature;

c. Initial any corrections or erasures to their Proposal prior to Closing;

d. Identify (on the Proposer Certification) whether the Proposer is/is not a "resident Proposer”, as defined in ORS 279A.120(1);

e. Provide (on the Proposer Certification) certification of nondiscrimination in obtaining any required subcontractors in accordance with ORS 279A.110(4); and

f. Provide (on the Proposer Certification) Written acknowledgment of receipt of all Addenda.

5. PROPOSAL SUBMISSION: Pursuant to OAR 137-047-0410

a. Proposals must only be emailed to contracts@beaverton.k12.or.us.

b. The District is not responsible for Proposals submitted in any manner, format or to any delivery point other than as required in this Solicitation.

c. Proposers are solely responsible for ensuring that the District receives their Proposal at the required delivery point prior to Closing.

Master Contract for Electric School Buses

6. COOPERATIVE PROCUREMENT: Pursuant to OAR 137-046-0430 This Solicitation is a Permissive Cooperative Procurement.

a. Authorized Agencies may utilize a Permissive Cooperative Contract pursuant to ORS 279A.215.

Generally:

i. Authorized Agencies may establish a Contract with the Supplier to purchase the Goods and Services awarded by this Solicitation, excluding Non-recurring installation Costs;

ii. Authorized Agencies may not Materially Change or alter the terms, conditions, or prices from the

Original Contract between the Supplier and the District.

b. Proposers must state (on the Proposer Certification) that it will/will not extend the terms, conditions and prices to any Participating Agency that desires to establish a Contract awarded to the Supplier resulting from this Solicitation. Volumes of other agencies are not included in this Solicitation.

7. ADDENDA: Pursuant to OAR 137-047-0430

a. Issuance; Receipt. The District may change this Solicitation only by Written Addenda. A Proposer must provide written acknowledgement of receipt of all issued Addenda in the space provided on the Proposer Certification.

b. Notice and Distribution. The District will publish notice of any and all Addenda on the ORPIN (Oregon Procurement Information Network) website. Addenda may be downloaded from the ORPIN website. It is the Proposers’ responsibility to inquire about Addenda. Proposers should frequently check the ORPIN website until the Solicitation Closing (due date and time) about any Addenda issued, i.e., at least once weekly until the week of Closing and at least once daily the week of the Closing.

c. Timelines; Extensions. The District will issue Addenda within a reasonable time to allow prospective Proposers to consider the Addenda in preparing their Proposal. The District may extend the Closing if the District determines prospective Proposers need additional time to review and respond to Addenda.

Except to the extent required by public interest, the District will not issue Addenda less than 72 hours before the Closing unless the Addendum also extends the Closing.

d. Request for Change or Protest. Unless a different deadline is set forth in the Addendum, a Proposer may submit a Written request for change or protest to the Addendum, as provided in OAR 137-047- 0730, by the close of the District's next business day after issuance of the Addendum, or up to the last day allowed to submit a request for change or protest under OAR 137-047-0730, whichever date is later.

If the date established in the previous sentence falls after the deadline for receiving protests to the Solicitation Document in accordance with OAR 137-047-0730, then the District may consider a Proposer’s request for change or protest to the Addendum only, and the District will not consider a request for change or protest to matters not added or modified by the Addendum.

8. QUESTIONS/CLARIFICATIONS/CHANGES AND SOLICITATION PROTEST:

Proposers may request changes or clarifications to, or protest, any provision, specification or Contract term contained in this Solicitation:

a. Questions, Clarifications, Changes. All questions regarding this Solicitation must reference the

Solicitation number and must be submitted in writing via e-mail to the attention of the person indicated on the Summary page of this Solicitation. No oral questions will be accepted other than at the pre- Proposal conference (if any). Questions received by the District prior to deadline will be answered in written addenda.

b. Protest. Pursuant to OAR 137-047-0730, a prospective Proposer may protest the Procurement Process or the Solicitation Document for a Contract solicited under ORS 279B.060 as set forth in ORS 279B.405.

Written protests must include:

i. A detailed statement of the legal and factual grounds for the change, clarification, or protest;

ii. A description of the resulting prejudice to the Proposer; and

Master Contract for Electric School Buses

iii. A statement of the form of relief requested or any proposed changes to the Solicitation provisions, specifications, or contract terms and conditions.

Written protests must be clearly marked with the Solicitation number and submitted in writing to the Purchasing Manager by email to peter_madaus@beaverton.k12.or.us.

c. Deadline. Questions, changes, clarifications, or protests must be received by the District by noon Pacific Time not later than ten (10) calendar days prior to the date Proposals are due, or as stated in Section I SOLICITATION SCHEDULE. The District will not consider any protest or request for change that is submitted after the submission deadline.

d. Response. Responses to questions/clarifications and notice of the District’s protest determination will be provided in written addenda pursuant to ADDENDA above. The District’s response to a Proposer, whether orally or in Writing, does not change the Solicitation and is not binding on the District unless the District amends the Solicitation by written Addendum.

e. Protesters must exhaust all administrative remedies before seeking judicial review.

9. PRE-CLOSING MODIFICATION OR WITHDRAWAL OF PROPOSALS: Pursuant to OAR 137-47-0440 A Proposer may modify or withdraw its Proposal in Writing only prior to Closing. Modification or withdrawal must:

a. Be clearly marked “Proposal Modification” or “Proposal Withdrawal” and marked and delivered as described in PROPOSAL SUBMISSION above;

b. Include the Proposer's statement that the modification amends and supersedes the prior Proposal;

Proposers are responsible for ensuring that the District receives its modification or withdrawal.

Modifications and/or withdrawals must be prepared and submitted on the Proposer's letterhead, signed by an authorized representative of the Proposer.

10. RECEIPT, OPENING, AND RECORDING OF PROPOSALS: Pursuant to OAR 137-47-0450

a. The District will electronically record the arrival in the District’s email system using the using the time recording feature of the District’s Outlook software any proposal or modification upon receipt.

b. The District will not be responsible for the premature opening or failure to open a Proposal that is not properly addressed and/or identified.

c. Proposals will be opened and recorded. The number of Proposals received and the identity of

Proposers may be disclosed by the District upon completion of the Responsiveness and Responsibility check of all proposals received. The contents of any Proposal will not be disclosed to the public until all Proposals have been evaluated, negotiations completed if required, and a recommendation for Award has been published.

11. LATE PROPOSALS, LATE WITHDRAWALS, AND LATE MODIFICATIONS: Pursuant to OAR 137-47-0460 Any Proposal received after Closing is late. A Proposer’s request for withdrawal or modification of a Proposal received after Closing is late. The District will not consider late Proposals, withdrawals or modifications except as permitted in MISTAKES below. The District reserves the right to consider Proposals that have been delayed or mishandled by the District.

12. MISTAKES: Pursuant to OAR 137-47-0470 To protect the integrity of the competitive Procurement process and to assure fair treatment of Proposers, the District will carefully consider whether to permit waiver, correction or withdrawal of Proposals for certain mistakes. The District will not allow a Proposer to correct or withdraw a Proposal for an error in

Master Contract for Electric School Buses judgment. If mistakes in a Proposal are discovered after Opening, but before Award of the Contract, the District may take the following action:

a. The District may waive, or permit a Proposer to correct, a minor informality. A minor informality is a matter of form rather than of substance that is evident on the face of the Proposal, or an insignificant mistake that can be waived or corrected without prejudice to other Proposers.

b. The District may correct a clerical error if the error is evident on the face of the Proposal, or other documents submitted with the Proposal, and the Proposer confirms the District's correction in writing.

c. The District may permit a Proposer to withdraw a Proposal based on one or more clerical errors in the Proposal only in accordance with OAR 137-47-0470(2)(c) and (d).

d. The District will reject any Proposal in which a mistake is evident on the face of the Proposal and the intended correct Proposal is not evident or cannot be substantiated from documents accompanying the Proposal.

13. AWARD: Pursuant to OAR 137-47-0600

a. Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the School Board, the District reserves the right to cancel any Solicitation at no penalty.

b. If awarded, the District will award a Master Price Agreement to the Responsible Proposer(s) that submitted the most advantageous responsive Proposal(s), and that meets the minimum requirements of this Solicitation.

c. The District may award by item, groups of items or the entire Proposal.

d. The District may Award multiple Contracts if beneficial to the District for adequate availability, delivery, service, competition, pricing, product capabilities, or other factors deemed significant by the District.

This notice of Multiple Awards does not preclude the District from awarding a single Contract. In the event of multiple awards, the District intends to negotiate with the Contractor who was the highest scoring Contract under this RFP first for any planned purchases. The District may forgo negotiations with any contractor if it is apparent that the District’s planned needs are outside the scope of that Contractor’s Contract (e.g., the District needs a Type-C bus but the Contractor only provides Type-D busses, or other circumstances as described in this sentence). In the event that the District believes the highest scoring Contractor cannot best meet its needs as indicated above, the District may enter into negotiations with the next highest scoring Contractor, repeating this process until either the District’s needs are met, or the District determines in its sole discretion that no of the Contractors awarded under this RFP can meet its needs.

e. The District may award a Contract for parts of the Solicitation for which acceptable Proposals have been received.

f. The District may award all or none Offers if the evaluation shows an all or none Award to be the most Advantageous or in the best interest of the District.

g. The District may reject all or part of Proposals and may issue a new Solicitation on the same or revised terms, conditions and Specifications.

h. When Proposals are identical the District must Award the contract Pursuant to OAR 137-046-0300.

14. NOTICE OF INTENT TO AWARD: Pursuant to OAR 137-047-0610 The District will provide a written Notice of Intent to Award (NOI) to all Proposers at least seven (7) calendar days before the Award of a Contract, unless the District determines that circumstances require prompt execution of the Contract. The District's Award will not be final until the later of the following:

a. SEVEN (7) calendar days after the date of the NOI, or

b. Until the District provides written response(s) to all timely filed protest(s) denying the protest(s) and affirming the Award.

15. PROPOSAL REJECTION. Pursuant to OAR 137-047-0640 and OAR 137-047-0650

Master Contract for Electric School Buses

a. The District may reject any Proposal as set forth in ORS 279B.100:

i. When the rejection is in the best interest of the District.

ii. When the Proposal is contingent upon the District's acceptance of terms and conditions (including

Specifications) that differ from the Solicitation.

iii. When the Proposal takes exception to terms and conditions (including Specifications) set forth in the Solicitation.

iv. That attempts to prevent public disclosure of matters in contravention of the terms and conditions of the Solicitation or applicable law.

v. That fails to meet the Specifications of the Solicitation.

vi. That is submitted late.

vii. Not in substantial compliance with the Solicitation or with all prescribed public procurement procedures.

viii. Not in compliance with ORS 279B.120, 279B.130, OAR 137-046-0210(3), 279A.105, ORS 279A.110(4).

ix. When the Proposer is not Responsible pursuant to ORS 279B.110.

b. The District may reject all Proposals as set forth in ORS 279B.100. The District will notify all Proposers of the rejection, along with the reasons for rejection. Proposals may be rejected based upon the following criteria:

i. The content of or an error in the Solicitation or the Procurement Process unnecessarily restricted competition for the Contract.

ii. The price, quality or performance presented by the Proposers are too costly or of insufficient quality to justify acceptance of any Proposal.

iii. Misconduct, error, or ambiguous or misleading provisions in the Solicitation threaten the fairness and integrity of the competitive process.

iv. Causes other than legitimate market forces threaten the integrity of the competitive process, such as collusion, corruption, unlawful anti-competitive conduct, and/or inadvertent or intentional errors in the Solicitation.

v. The District cancels the Solicitation in accordance with OAR 137-047-0660.

vi. Any other circumstance indicating that awarding the Contract would not be in the public interest.

16. SOLICITATION CANCELLATION: Pursuant to OAR 137-047-0660 The District may cancel, delay or suspend a solicitation, or reject all Proposals, in accordance with ORS 279B.100 when it is in the best interest of the District as determined by the District. In the event of any such cancellation, delay, suspension or rejection, the District is not liable to any Proposer for any loss or expense caused by or resulting from any such cancellation, delay, suspension or rejection.

17. PROPOSAL COSTS:

Proposers responding to solicitations are responsible for all costs they may incur in connection with submitting Proposals.

18. CONTRACT AWARD PROTEST: Pursuant to OAR 137-047-0740

a. Proposers may protest the Award of a Contract, or the intent to Award a Contract if the conditions set forth in ORS 279B.410(1) are satisfied. Proposers must deliver a written protest to the District within seven (7) Days after the issuance of the NOI.

b. The Proposer’s protest must be in writing and must specify the grounds for the protest to be considered by the District pursuant to ORS 279B.410(2). A protest must be submitted to the Purchasing Manager by e-mail to peter_madaus@beaverton.k12.or.us. The Proposer is responsible for ensuring the District receives the protest.

c. The District will not consider any protest that is submitted after the submission deadline.

d. Resolution of Protests. The District’s Purchasing Manager will settle or resolve a written protest submitted in accordance with the requirements of this Rule and will issue a written decision on the

Master Contract for Electric School Buses protest in a timely manner as set forth in ORS 279B.410(4).

e. If a protest is not settled, the Superintendent, or designee, has the authority to resolve the protest.

Master Contract for Electric School Buses

f. Proposers must exhaust all administrative remedies before seeking judicial review. Judicial review of this decision will be in accordance with ORS 279B.415.

g. If the District upholds the protest, in whole or in part, the District may in its sole discretion either Award the Contract to the successful Protestor or cancel the Procurement or Solicitation.

19. ADDITIONAL REQUIREMENTS:

a. The District reserves the right to seek clarifications of submitted Proposals, which may or may not affect the evaluation scoring.

b. The District reserves the right to negotiate a final Contract that is in the best interest of the District.

c. Failure of the District to insist on strict performance will not constitute a waiver of any of the provisions of this Solicitation or resulting Contract or waiver of any other default of the Proposer.

20. CONFIDENTIALITY OF PROPOSALS:

The District is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the District to disclose all records generated or received in the transaction of District business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. The District may withhold from disclosure confidential information pursuant to ORS 192.501 or 192.502.

a. The District will not disclose records submitted by a Proposer that are exempt from disclosure under the

Public Records Law, subject to the following procedures and limitations.

i. All pages containing the records exempt from disclosure must be marked “confidential” and segregated in the following manner:

A. It must be clearly marked in bold and on each page of the confidential document.

B. It must be kept separate from the other Proposal documents in a separate envelope or package and electronic folder.

C. Where this specification conflicts with other formatting and response instruction specifications, this specification will prevail.

D. Where such conflict (in C. above) occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.” This statement “Refer to confidential information enclosed.” must be inserted in the place where the requested information was to have been placed.

b. Proposers who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire Proposal must not be marked confidential. Should a Proposal be submitted in this manner, no portion of it will be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

c. Notwithstanding the above procedures, the District reserves the right to disclose information that the District determines, in its sole discretion, is not exempt from disclosure or that the District is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the District will notify the Proposer. If the Proposer disagrees with the District decision, the District may, but is not required to, enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals, necessary to defend or support a no-disclosure decision.

SECTION IV-A – RESPONSE AND EVALUATION

Master Contract for Electric School Buses

1. INTRODUCTION:

This section prescribes the mandatory format for the presentation of a Proposal in response to this Solicitation. The purpose of this format is to ensure uniformity of the information from each Proposer and to aid in clear understanding and evaluation of each Proposal. Failure to provide any information requested in this Solicitation may result in rejection of the Proposal.

2. PROPOSAL FORMAT:

A Proposer’s submitted Proposal:

a. Must include ONE (1) original complete Proposal containing all required elements of a complete proposal see the below guidelines for submitting more than one Proposal.

b. The submitted proposal must be in Adobe PDF format.

c. Pricing information must be submitted with the original proposal but IN A SEPARATE DOCUMENT which the District can evaluate as a separate evaluation criteria outside of the evaluation of all other evaluation criteria.

d. There is no page limit for proposals, but the District encourages brevity.

3. PROPOSAL CONTENT REQUIREMENTS:

Proposers must provide a reply to each of the following items. The Proposer Certification Form (see Attachments) must be completed and submitted as the cover of the Proposer’s response. Proposers are cautioned to provide in their Proposals, in a brief and concise manner, as much detail as possible pertaining to their capabilities and experience in providing the services requested in this Solicitation. Do not assume the District has any prior knowledge of the Proposer.

A Proposer may submit a Proposal that includes Type C bus(ses), Type D bus(ses), or both. If a Proposer wishes to Propose both Type C and Type D busses, they may, at their discretion, submit a single Proposal for both bus types, or up to two Proposals (i.e., one for Type D and another for Type C). A Proposer may not submit more than one Proposal per bus type. Doing so may result in all Proposals for that bus type being found non-responsive.

Proposers must present a Proposal containing the specific information requested and submit all attachments as required, in the order listed below:

a. REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS: See SECTION V – ATTACHMENTS, PROPOSAL

SUBMISSION CHECKLIST.

b. DETAILED PROPOSAL CONTENT REQUIREMENTS FOR SERVICES:

i. INSURANCE REQUIREMENT.

A. Provide a statement of agreement to the insurance clause in the sample Master Price

Agreement (see SECTION V – ATTACHMENTS).

ii. DELIVERY EXPERIENCE AND TERMS.

A. Describe in detail the Proposer’s experience currently/recently delivering the Proposed Buses to other customers. Describe the delivery timelines and terms for each customer delivery case cited.

B. Propose a maximum delivery time for the first bus that the District intends to purchase concurrently with, or shortly after execution of the Master Price Agreement under this Contract.

C. Propose a maximum delivery time for buses to be purchased throughout the maximum

Master Contract for Electric School Buses possible contract term, including all extensions. Describe contract terms that will ensure the Proposer will be bound to the best available deliver time that is available as future market conditions fluctuate.

D. Certify Proposer’s agreement with the following delivery term, which is required by the District for any deliveries that may occur under Contracts resulting from this RFP:

E. All Deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain with the Contractor until final inspection and acceptance by the District, after which such responsibility shall pass to the District, except for latent defects, fraud, and Contractor’s warranty obligations.

iii. PROPOSED SCHOOL BUS SPECIFICATIONS.

A. Complete a separate version of ATTACHMENT H BUS SPECIFICATIONS for each type of bus being included in your Proposal. Note that ATTACHMENT H will be evaluated using ATTACHMENT J BUS SPECIFICATIONS SCORING TEMPLATE. Purchasing staff will average the sum(s) of points for each ATTACHMENT J that each Proposer submits. The Proposer with the highest average of sums (or highest sum if the Proposers submitted one ATTACHMENT J), will receive the maximum points available for PROPOSED SCHOOL BUS SPECIFICATIONS (30). To calculate all other Proposers’ PROPOSED SCHOOL BUS SPECIFICATIONS score, Purchasing staff will divide each other Proposer’s average sum/sum of ATTACHMENT J score(s) by the highest highest average sum/sum, and multiply each of the resulting quotients by the maximum number of points available for PROPOSED SCHOOL BUS SPECIFICATIONS.

iv. INITIAL BUS PRICING.

A. Complete a separate version of ATTACHMENT I PRICE SCHEDULE to provide initial contract term pricing for all buses included in your Proposal. Pricing will be compared among all responsive Proposals submitted. The lowest overall priced proposal will receive the full points available. All other proposal pricing scores must be weighted against the lowest price proposal (Lowest price scores the highest. All other higher priced proposals are weighted against the lowest priced proposal).

v. CONTRACT TERM PRICING FOR BUSES.

A. Provide a narrative description of the Proposed pricing/terms for subsequent contract term pricing (see SECTION II (6.) for desired/required pricing). The description should clearly indicate how the terms meet the District’s required/desired pricing needs.

vi. REFERENCES.

A. Provide three (3) professional references from customers who have recently been delivered by the Proposer the types of buses specified in this Solicitation. Use of the provided Proposer Reference Form (see SECTION V – ATTACHMENTS) is required.

1. Provide the name, telephone number, and email address of the client for each of these three

(3) references. These contacts will be used by the District for reference checks.

B. The Committee may choose to either check references, evaluate them for responsiveness, relevance, and or other methods deemed appropriate in the evaluators’ judgement.

4. EVALUATION CRITERIA:

Unless otherwise indicated above, the District will score each Proposal by reviewing and evaluating the Proposal content requirements outlined above. The following table indicates how the total points in the scoring will be assigned by required Proposal item. Failure to meet minimum requirements for any individual item may disqualify the Proposal regardless of the total points scored for the other items. Each item will be evaluated as follows: (See following Page)

Master Contract for Electric School Buses

EVALUATION CRITERIA MATRIX Maximum Points Possible

DETAILED PROPOSAL CONTENT REQUIREMENTS FOR SERVICES

i. INSURANCE REQUIREMENTS Pass / Fail

ii. DELIVERY EXPERIENCE AND TERMS 10

iii. PROPOSED SCHOOL BUS SPECIFICATIONS 30

iv. INITIAL BUS PRICING 40

v. CONTRACT TERM PRICING FOR BUSES 20

vii. REFERENCES (may or may not be checked) Pass / Fail

SERVICES TOTAL 100

5. PROPOSAL EVALUATION:

a. RESPONSIVENESS AND RESPONSIBILITY: The District will utilize the following objective factors to determine if Proposals are Responsive and Proposers are Responsible:

i. RESPONSIBILITY OF PROPOSER (OAR 137-047-0500). Before awarding a Contract, the District shall determine that the Proposer submitting the most Advantageous Proposal is Responsible. The District shall use the standards set forth in ORS 279B.110 and OAR 137-047-0640(1)(c)(F) to determine if a Proposer is Responsible. In the event the District determines a Proposer is not Responsible, it shall prepare a written determination of non-Responsibility as required by ORS 279B.110 and shall reject the Proposal.

b. CONTINGENT PROPOSALS. The Proposer must not make its Proposal contingent upon the District's acceptance of any terms or conditions (including Specifications) other than those contained in this Solicitation or authorized to by changed in offers submitted hereunder.

c. NON RESIDENT PROPOSERS. In determining the most Advantageous Responsible Proposal, the District shall apply the reciprocal preference set forth in ORS 279A.120(2)(b) and OAR 137-046-0310.

d. IDENTICAL PROPOSALS. When one or more Proposals are identical under OAR 137-046-0300, the District shall award a Contract in accordance with the procedures set forth in OAR 137-046-0300.

e. RECYCLED MATERIALS. The District may give preference for Recycled Materials as set forth in ORS 279A.125 and OAR 137-046-0320.

f. CLARIFICATION OF PROPOSALS. After Opening, the District may conduct Discussions with apparent Responsive Proposer(s) for the purpose of clarification and to assure full understanding of the Proposal.

g. NEGOTIATION. The District may only conduct Discussions or Negotiate with Proposers. After Award of the Contract, the District may only modify an awarded Contract in accordance with OAR 137-047-0800.

h. OBJECTIVE CRITERIA. The District may allow, at its discretion, certain other objective evaluation criteria.

Examples of such criteria include but are not limited to conversion costs, transportation cost, volume weighing, trade-in allowances, cash discounts, depreciation allowances, cartage penalties, ownership or life-cycle cost formulas. The District may, at its discretion, conduct and consider market research in the evaluation, negotiation, and/or award processes and decisions.

Master Contract for Electric School Buses

6. EVALUATION COMMITTEE: The Proposals will be evaluated by the Evaluation Committee consisting of not less than three (3) individuals (“Evaluators”) to review and score Proposals according to the evaluation criteria set forth in this Solicitation. The District may assign certain Evaluators to evaluate specific Proposal categories in keeping with the Evaluators’ area of expertise and/or to streamline the evaluation process.

Working as a Committee or independently (at the discretion of the District) with copies of the written Proposals, the Evaluators will assign scores to each Proposal received in accordance with the evaluation criteria defined herein. Evaluators will utilize the criterion using their judgement to measure the merit of each Proposal received in accordance with the evaluation criteria. The committee’s scores will be presented to applicable District leadership for their consideration in making any Contract award decisions. Any such awards will be based on a determination of which Proposal, Proposals, or parts of Proposals, will provide the District with the most advantageous and best overall value relative to the District’s needs.

7. BEST AND FINAL OFFERS (OPTIONAL). The District may enter into discussions with one or more of the Proposer(s) and request revised Proposals (the “best and final offers”). All such discussions and requests for best and final offers will be done for the sake of receiving the best possible proposals based on the requirements contained in this RFP. If the District requests best and final offers, the District will establish a common date and time that revised proposals are due. If best and final offers are requested and a Proposer does not submit a notice of withdrawal (under Section III (9.) of this RFP) or a revised Proposal, the original Proposal will be considered their best and final offer. In accordance with ORS 279B.060(6)(a) and (b), the District will only disclose the identity of other proposers who responded to this RFP but will not include any details on their Proposals until after the evaluation process is complete and the District has issued its Notice of Intent to Award a Contract. Multiple rounds of best and final offers may be requested in the District’s discretion.

SECTION V – ATTACHMENTS

Master Contract for Electric School Buses

PROPOSAL SUBMISSION CHECKLIST

ALL CERTIFICATIONS, FORMS, AFFIDAVITS AND DETAILED PROPOSAL CONTENT REQUIREMENTS

AS SPECIFIED IN SECTION IV MUST BE INCLUDED IN PROPOSALS.

REQUIRED AFFIDAVIT, CERTIFICATIONS AND FORMS

The following certifications and forms must be completed and signed by the person authorized to represent the Proposer regarding all matters related to the Proposal and authorized to bind the Proposer to the agreement.

Failure to submit any of the required, completed and signed certifications/forms shall result in disqualification of the proposing firm.

PROPOSER CERTIFICATION. (Attachment A) This serves as the cover sheet for your Proposal.

INDEPENDENT CONTRACTOR CERTIFICATION (Attachment B)

AFFADAVIT OF NON-COLLUSION / COMPLIANCE WITH TAX LAWS (Attachment C)

NON-CONFLICT OF INTEREST CERTIFICATION. (Attachment D)

PROPOSER RESPONSIBILITY FORM – All Pages. (Attachment E)

PROPOSER REFERENCE FORMS – (Attachment F)

PRICE SCHEDULE – Complete for all Busses included in the Proposal (Attachment G)

BUS SPECIFICATIONS – Submit a separate version of this form for each type of bus (Attachment H)

DETAILED PROPOSAL CONTENT REQUIREMENTS

Detailed Proposal Content Requirements are specified in SECTION IV – RESPONSE AND EVALUATION.

The following attachment(s) are NOT to be returned with the Proposal. The content of these attachment(s) must be reviewed by the Proposer. The terms and conditions are incorporated in this Solicitation and will apply to the Contract to be executed for the work.

ATTACHMENT I SAMPLE MASTER PRICE AGREEMENT

ATTACHMENT J BUS SPECIFICATIONS SCORING TEMPLATE

This checklist is NOT required to be returned with the Proposal.

ATTACHMENT A

PROPOSER CERTIFICATION

Legal Name of Proposer (Firm):

Physical Address:

Mailing Address:

The Proposer certifies and agrees:

1. The prices in this Proposal have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Proposer relating to: the intention to submit a Proposal, or the methods or factors used to calculate the prices Proposed.

2. The Proposer has read and understands all terms and conditions of this Solicitation.

3. The Proposer agrees to provide insurance as required in the sample Contract Terms and Conditions (see Attachments).

4. The Proposer has, or has available, the equipment, personnel, materials, equipment, facilities, and equipment as well as the technical and financial ability necessary to complete and execute all Work in a sound and suitable manner for the use specified and intended.

5. The Proposer agrees to execute the formal Contract within ten (10) days from date of Notice of Intent to Award.

6. The Proposer acknowledges that the person that signs this Certification is fully authorized to sign on behalf of the Proposer listed and to fully bind the Proposer to all conditions and provisions thereof.

7. The Proposer certifies that Proposer has complied or will comply with all requirements of local, state, and national laws, and that no legal requirement has been or will be violated in making or accepting this Proposal.

8. If Proposal includes Non-recurring Installation Costs, The Proposer must be registered with the Construction Contractors

Board, or is licensed by the State Landscape Contractors Board, or licensed under ORS 468A.720 (Air Quality), if required.

License Number . (The District will not receive or consider a Proposal for a Public Improvement unless the Proposer is registered with the Construction Contractors Board, or is licensed by the State Landscape Contractors Board).

9. If Proposal includes Non-recurring Installation Costs, Proposer certifies that the required Statutory Public Works Bond has been filed with the Construction Contractor’s Board.

10. If Proposal includes Non-recurring Installation Costs, Proposer agrees to be bound by and will comply with the provisions of Prevailing Wage Laws ORS 279C.800 through ORS 279C.870 or the Davis-Bacon Act (40 U.S.C. 3141 et seq., if applicable).

11. Any Proposal of a contractor or subcontractor listed on BOLI’s List of Ineligibles will be rejected.

12. The Proposer, pursuant to ORS 279A.120 (1), (check one) is / is not a resident Proposer.

If not, indicate State of residency .

13. The Proposer certifies that it has not discriminated and will not discriminate, in violation of ORS 279A.110, against any disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055 in obtaining any required subcontract.

14. The Proposer agrees to comply with Oregon tax laws in accordance with ORS 305.385.

15. The Proposer acknowledges receipt of the following addenda: (list by number and date appearing on addenda.)

Addendum Number Date Addendum Number Date

16. The Proposer (check one) will / will not extend the terms, conditions and prices to any Participating Agency that intends on establishing a Contract awarded to the Proposer resulting from this Solicitation.

ATTACHMENT A

Respectfully submitted this day of , 20 .

Signature:

Printed Name: Phone:

Title: Fax:

Email Address:

SECTION V -- ATTACHMENTS

ATTACHMENT B Solicitation

No. RFP 22-0011

Provider: Please complete this form along with a W9 if Self-Employed, Partnership, or Professional Corporation to determine whether or not the District can consider contracting with the Provider as an Independent Contractor or if the Provider should be hired as casual labor. Contact Purchasing at, Email: contracts@beaverton.k12.or.us.

BUSINESS NAME:

PHONE: FAX:

EMAIL ADDRESS: DATE:

SCHOOL OR DEPARTMENT PROVIDER IS WORKING WITH:

INDICATORS OF INDEPENDENT CONTRACTOR STATUS YES NO

1. Is the Provider employed by another PERS employer OR has been an employee of Beaverton School District within the last 18 months (i.e. paid any money by our payroll department)?

Go to # 2

Go to # 3

2. Is the Provider doing the same work for this project that the Provider did when employed by Beaverton School District?

Go to # 4

Go to # 3

3. Does the Provider meet the legal definition of an Independent Contractor (ORS 670.600) as evidenced by the ability to certify to a majority of the statements below? Read the statements below: Check Yes or No as each applies to the Provider. There is no established point as to what answers constitutes an Independent Contractor or Casual Labor - the District will make the final decision.

Go to # 5

Go to # 4

3a. Provider, in the provision of the services:

Is free from direction and control over the means and manner of providing the services?

Is customarily engaged in an independently established business?

Pays his/her own business travel expenses?

Is licensed under ORS Chapter 671 (Architects; Landscape Professions) or 701 (Construction Contractors) as required, and/or is responsible for obtaining other licenses or certificates?

3b. Provider, in the independence of the service work shall:

Maintain a separate business location from the District (a home office is acceptable)?

Determine how the desired results will be achieved?

Retain significant control over the means and methods of performing work, including hiring and firing its employees?

Bear the risk of business loss in providing the services, as shown…