RFP_Zero-Emission_Transit_Buses.docx

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Request for Proposal Zero-Emission Transit Buses Event ID 0000029982 July 22, 2024

Section 1 – Introduction and Overview This Request for Proposal (hereafter called the RFP) solicits proposals from firms qualified to establish a non-mandatory contract to provide fully equipped Zero-Emission Transit Buses (ZEBs) to the State of California (State) and participating local governmental agencies. The resulting contract(s) will be considered a State Cooperative Procurement Contract(s) under the FAST Act for use of federal funds. Ordering agencies from any other State may use this contract under section 3019 of the FAST Act.

Scope of the Request for Proposal (RFP) The Scope of the RFP includes Zero-Emission Transit Buses as defined in Section 3.1.1, Proposed Products, including spare parts, training, and options. The State reserves the right to eliminate any specific line item from the final award.

The State intends that the selected Bidder will work in cooperation with the State to furnish quality products at the lowest price available in a timely and efficient manner. The selected Bidder will be the primary point of contact for customer service, data collection, reporting, and distribution.

Award will be made by group to the Bidder who scores the highest number of points as described in Section 6, Evaluation. Bidders must bid on all line items in a group to be evaluated for award (except the non-mandatory scored Energy Storage System Extended Warranty line item).

The contract term resulting from the RFP will be two years. The contract will also contain options at the unilateral discretion of the State, to extend for three additional one-year periods or portion thereof. All terms and conditions will remain the same for the entire contract period including any extension periods.

All equipment offered must be new and the latest model in current production. Used, shopworn, refurbished, demonstrator, prototype, or discontinued models are not acceptable.

Any contract executed as a result of the RFP may be amended by mutual consent of the State and the Contractor.

Current Contract/Historical Spend The historical value based on expenditures from the current statewide contracts for Zero-Emission Transit Buses is $240,671,983.67 over a four year period.

Expenditures per contract is as follows:

Local/Other Government Participation The awarded Bidder shall permit local/other governmental agencies to participate under the resulting contracts. Other governmental agencies include local government agencies within California and governmental agencies from other states.

Local government agencies are defined as “any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds for the acquisition of goods, information technology, or services”, reference PCC section 10298 (a) (b) and PCC section 10299 (b). Local governmental agencies shall have the same rights and privileges as the State under the terms of these contracts.

Any local governmental agencies desiring to participate shall be required to submit to the same responsibilities as do State departments and will have no authority to amend, modify, or change any condition of these contracts.

Government agencies from other states may only negotiate the specific provisions cited below. If the parties cannot mutually agree, Contractor will not be obligated to accept the purchase order.

· Invoicing, delivery, and payment provisions

· Governing law, jurisdiction

1.1 Authority of the RFP and Bidder Advisement

The RFP is being conducted under the policies developed by the Department of General Services, Procurement Division (DGS-PD) as provided under PCC sections 10300, et seq and 12125, et seq. The RFP describes the material that must be included in the proposal, the format the proposal must follow, and how to properly submit a complete proposal. The RFP also addresses all requirements that Bidders must meet to be eligible for consideration as well as Bidders' responsibilities.

If a Bidder expects to be afforded the benefits of the steps included in this RFP (i.e., drafts, questions regarding requirements, protest of requirements, debriefing), the Bidder must take the responsibility to:

· Carefully read the entire RFP.

· Ask appropriate questions in a timely manner if clarification is necessary.

· Submit all required responses, complete to the best of the Bidder’s ability, by the required dates and times.

· Make sure that all procedures and requirements of the RFP are accurately followed and appropriately addressed.

1.2 Availability

Bidders may propose products that exceed the RFP requirements, however, products meeting the mandatory requirements must be available throughout the duration of the contract term, except in accordance with Section 7.7, Discontinued Vehicle, and Section 7.8, Component Substitutions/Discontinued Components.

1.3 Procurement Official

The Procurement Official contact information for the RFP is listed below:

Erica Seghesio-Groves Procurement Division Department of General Services 707 Third Street, 2nd Floor West Sacramento, CA 95605 Telephone: (279) 946-8022 E-mail: Erica.SeghesioGroves@dgs.ca.gov Proposal Submittal E-mail: CMU@dgs.ca.gov

The Procurement Official shall be the single point of contact. All inquiries and questions must be emailed to this person only. Oral communications are discouraged and shall not be binding to the State. Bidders should only rely on written statements issued by the Procurement Official.

Proposal submittals shall be sent to the Proposal Submission E-mail address identified above and in accordance with Section 5, Proposal Format.

1.4 Key Action Dates

The important dates and times by which actions must be taken or completed are identified in Exhibit 2, Key Action Dates. If the State finds it necessary to change any of these dates, the State will release an addendum identifying the changes. All dates after the Final Proposal submissions are approximate and may be adjusted without addendum to the RFP.

1.5 Americans with Disabilities Act (ADA)

To meet and carry out compliance with the nondiscrimination requirements of Title II, Americans with Disabilities Act (ADA), it is the policy of the State to make every effort to ensure that its programs, activities, employment opportunities, and services are available to all persons, including persons with disabilities.

For persons with a disability needing reasonable accommodation to participate in the procurement process, or for persons having questions regarding reasonable accommodation for the procurement process, please contact the Procurement Division at DGSFrontDesk@dgs.ca.gov (main office). Procurement Division's TTY/TDD (telephone device for the deaf) and California Relay Service numbers are listed below. You may also directly contact the Procurement Official for this procurement.

IMPORTANT: To ensure that the State can meet your accommodation, it is best that requests are received at least 10 working days before the scheduled event (e.g., Bidder conference) or due date for procurement documents.

The Procurement Division TTY telephone number is:

· Sacramento Office: (916) 376-1891

The California Relay Service Telephone Numbers are:

· Voice: 1-800-735-2922 or 1-888-877-5379

· TTY: 1-800-735-2929 or 1-888-877-5378

· Speech to Speech: 1-800-854-7784

1.6 Environmentally Preferable Purchasing (EPP)

DGS-PD is responsible for the implementation of Environmentally Preferable Purchasing (EPP) as mandated by the PCC Sections 12400 through 12404. By signing the Agreement Cover Letter, the Bidder is certifying that the products or services offered under this solicitation are in compliance with the Federal Trade Commission’s Guidelines for the User of Environmental Marketing Terms, in accordance with PCC Section 12404.

Section 2 – Rules Governing the Procurement Process Section 2 describes the bidding steps and includes the Bidder’s and the State’s rights and responsibilities in the procurement process. Specific guidelines for the submission of the RFP response are found in Section 5, Proposal Format.

1.7 Identification and Classification of RFP Requirements

Requirements The RFP identifies the requirements Bidders must adhere to for submitting compliant proposals. The use of "shall," "must," or "will" (except to indicate simple futurity) in the RFP indicates a requirement which is mandatory. A deviation from a mandatory requirement is material if the deficient response is not in substantial accord with the RFP requirements, provides an advantage to one Bidder over other Bidders, or has a potentially significant effect on the delivery, quantity, or quality of items bid, amount paid to the supplier, or on the cost to the State. Material deviations cannot be waived. A deviation, if not material, may be waived by the State.

Desirable Items The words "should" or "may" in the RFP indicate desirable attributes or conditions but are non-mandatory in nature. Deviation from, or omission of, such a desirable feature, even if material, will not in itself cause rejection of the proposal.

Mandatory Requirements All items within the RFP labeled mandatory (M) are non-negotiable. A Pass/Fail evaluation will be utilized for all mandatory requirements. By signing the Agreement Cover Letter referenced in Section 2.3.4.5, Signature of Proposal and submission of a proposal response, the Bidder agrees to all mandatory RFP requirements.

Non-Mandatory Requirements The RFP may include both preference programs and product/contract performance items identified as non-mandatory (NM) requirements. Bidders are not required to comply with these requirements to be compliant with the RFP. However, if a Bidder applies for a preference, the Bidder must meet the applicable preference requirements and provide the required preference documentation as outlined in the relevant section. Bidders who offer the non-mandatory product/contract performance items in their proposal are required, if awarded, to provide those items for the duration of the resultant contract.

Scored Requirements The RFP includes both mandatory scored (MS) and non-mandatory scored (NMS) requirements. Mandatory scored requirements are non-negotiable. Mandatory and non-mandatory scored items will achieve points as identified Section 6, Evaluation if the requirement is met.

Narrative Responses The RFP includes some items that require a narrative response. Those items have been listed on Exhibit 3, Narrative Response. Bidders are to provide narrative responses on this exhibit only, and only for the items requested. If necessary, Bidders may add attachments to the exhibit to further explain its response. Exhibit 3, Narrative Response shall be submitted with the Bidder’s Final Proposal.

1.8 Bidding Requirements and Conditions

Validity of Proposal A Bidder's Final Proposal is an irrevocable offer for 120 days following the scheduled date for Submission of Final Proposals in Exhibit 2, Key Action Dates. A Bidder may extend its offer in the event of a delay of contract award.

RFP Documents If a Bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP or exhibits, the Bidder shall immediately notify the Procurement Official in accordance with Section 1.4, Procurement Official, in writing and request clarification or modification of the document. If necessary, modifications will be made by addenda issued pursuant to Section 2.2.8. Addenda.

If the RFP contains an error known to the Bidder, or an error that reasonably should have been known, the Bidder shall submit a proposal at its own risk. If the Bidder fails to notify the State of the error prior to the date fixed for submission of proposals, and is awarded the contract, the Bidder shall not be entitled to additional compensation or time by reason of the error or its later correction.

Questions Regarding the RFP Bidders requiring clarification of the intent or content of the RFP or on procedural matters regarding the competitive bid process may request clarification by submitting questions in an email clearly referencing the Event ID number to the Procurement Official listed in Section 1.4, Procurement Official.

Question and Answer sets will be provided to all Bidders without identifying the submitters. At the sole discretion of the State, questions may be paraphrased by the State for clarity and to maintain anonymity. Oral answers shall not be binding on the State.

A Bidder who desires clarification or further information on the content of the RFP, but whose questions relate to the proprietary aspect of that Bidder's proposal and which, if disclosed to other Bidders, would expose that Bidder's proposal, may submit such questions in the same manner as above but must mark such correspondences as "CONFIDENTIAL”. The Bidder must explain why any questions are sensitive in nature.

If the State concurs that the disclosure of the question or answer would expose the proprietary nature of the proposal, the question will be answered, and both the question and answer will be kept in confidence. If the State does not concur with the proprietary aspect of the question, the question will not be answered in this manner and the Bidder will be so notified.

To ensure a response, questions and clarifications must be received in writing by the scheduled date given in Exhibit 2, Key Action Dates.

Request for Approved Equals If a Bidder needs to request a change to an item specified within the technical specification, this shall be accomplished by providing a thorough explanation for every proposed item that is not the reference item. Bidders must include the applicable technical specification section of the reference item and provide detail on how the proposed item functionally fulfills the applicable requirement. Bidders shall provide the manufacturer name and model number, if applicable, and all supporting catalogs, documentation, and/or performance materials that confirm the alternate item as being equivalent or better than the reference item. The State will review each product to determine its eligibility; it is the State’s right to accept or decline any offered products that are not equivalent to the reference item.

Bidder shall submit the request in an email clearly referencing subject solicitation, to the Procurement Official listed in Section 1.4, Procurement Official. To be considered, requests must be received in writing by the scheduled date given in Exhibit 2, Key Action Dates. A listing of Approved Equals will be posted on Cal eProcure prior to the proposal due date. Bidders who submit unapproved technical items with the proposal that deviate from the specification may be found technically non-compliant.

Request to Change the Requirements of the RFP If the Bidder believes that one or more of the RFP requirements is onerous, unfair, or imposes unnecessary constraints to the Bidder in proposing less costly or alternate solutions, the Bidder may request a change to the RFP by submitting in writing the recommended change, the facts substantiating this belief, and justification for making the recommended change. Such requests must be submitted to the Procurement Official by the date specified in Exhibit 2, Key Action Dates.

Failure by any Bidder to raise any concern related to a solicitation requirement will be deemed a waiver of any claim regarding the contract award relating to the specific solicitation requirement.

Bidders’ Conference A Bidders' Conference will be held, during which suppliers will be afforded the opportunity to meet with State personnel and discuss the content of the RFP and the procurement process. Suppliers are encouraged to attend the Bidders’ Conference. The time, date, and place of the conference is listed in Exhibit 2, Key Action Dates.

Suppliers are encouraged to submit questions to the Procurement Official prior to the Bidders’ Conference so that the State can address them during the conference. The State may accept oral questions during the conference and will make a reasonable attempt to provide answers prior to the conclusion of the conference. Oral answers will not be binding. Following the conference, the State will publish a Question and Answer set addressing all submitted questions, both written and oral.

Supplier’s Intention to Submit a Proposal Suppliers who want to participate in the bidding process are asked to state their intention by submitting an email to the Procurement Official with the following elements:

· Company Name and address

· Contact name, email, and phone number

Bidders that submit their intention to submit a proposal will be placed on a notification list to receive email notifications of any changes or clarifications to any part of the RFP. All addenda, Question and Answer Sets, and Requests for Change will be published on the California State Contracts Register located on Cal eProcure.

Addenda The State may modify the RFP prior to the Final Proposals due date by issuance of an addendum. Addenda will be numbered consecutively. Bidders are required to meet all requirements of the most current addendum, which includes using any updated forms, if applicable. If any supplier determines that an addendum unnecessarily restricts its ability to submit a proposal, the supplier is allowed five working days to ask a question, request a change, or submit a protest to the addendum according to the instructions contained in Section 2.5.1, Award Protest.

Bonds Not Applicable.

Discounts The Prompt Payment Act requires payment of properly submitted and undisputed invoices no later than forty-five (45) days after delivery of product or receipt of an undisputed invoice, whichever is later. The State encourages Bidders to offer cash discounts for prompt or early payment. When a testing period is required prior to acceptance by the State, the payment period shall begin after the specified testing period and subsequent acceptance by the State. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the State warrant or check.

Cash discounts offered by Bidders for the prompt payment of invoices will not be considered in evaluating cost for award purposes; however, all offered discounts will be taken if the payment is made within the discount period, even though not considered in the evaluation of offers.

Joint Proposals Joint proposals are not acceptable for this solicitation.

1.9 Proposal Process

General The procurement process to be used in this RFP consists of a single step, the Final Proposal. Refer to Exhibit 2, Key Action Dates, to determine which steps are included in this RFP.

Final Proposals Final Proposals must be complete with all required cost information, signatures, forms, and documentation.

1.9.1.1 Draft Proposal

Should the State declare Final Proposals to be Draft Proposals as described in Section 2.3.6.3, Errors in the Final Proposals, the State may conduct confidential discussions with the Bidders who wish to continue in the bidding process. Notifying the Bidder of defects is intended to minimize the risk that the Final Proposal will be deemed non-compliant; however, the State will not provide any warranty that all defects in the Draft Proposal have been detected. Notification of defects in the Draft Proposal will not preclude rejection of the Final Proposal if undiscovered defects contained in the declared Draft Proposal are later found in the Final Proposal. Oral statements made by either party during confidential discussions shall not be binding.

Public Record Final proposals are public upon posting of Notice of Intent to Award. Bidders should be aware that marking a document "confidential" or "proprietary" in a final proposal will not prevent that document from being released after notice of intent to award as part of the public record, in accordance with the California Public Records Act.

Submission of Proposals The instructions contained herein apply to the Final Proposal. They also apply to the Draft Proposal, except as noted.

1.9.1.2 Preparation

Proposals are to be prepared in such a way as to provide a straightforward and concise description of capabilities to satisfy the requirements of the RFP. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

Before submitting each document, the Bidder should carefully proof it for errors and adherence to the RFP requirements.

1.9.1.3 Bidder’s Cost

Costs for developing proposals are entirely the responsibility of the Bidder and shall not be chargeable to the State.

1.9.1.4 Completion of Proposals

Proposals must be complete in all respects in accordance with Section 5, Proposal Format. A Final Proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind. A Final Proposal must be rejected if any such defect or irregularity constitutes a material deviation from the RFP requirements. The Final Proposal must contain all costs required by the RFP in accordance with Section 4, Cost, and Section 5, Proposal Format.

1.9.1.5 False or Misleading Statements

Proposals which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Bidder, may be rejected. If, in the opinion of the State, such information was intended to mislead the State in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.

1.9.1.6 Signature of Proposal

All Bidders must complete the Agreement Cover Letter, and include it with the proposal. The Agreement Cover Letter shall be signed by an individual who is authorized to contractually bind the firm submitting the proposal. An unsigned Agreement Cover Letter will result in the Final Proposal being rejected.

1.9.1.7 Delivery of Proposals

Bidders are required to deliver proposals no later than the specified date and time identified in Exhibit 2, Key Action Dates and formatted in accordance with Section 5, Proposal Format. Bidders should ensure its email is set to receive a delivery receipt when submitting the electronic proposal. The Bidder shall bear all risks associated with delivery of proposals, including but not limited to, delivery delays due to file size, DGS server malfunction, etc.

Final Proposals not received by the date and time specified in Exhibit 2, Key Action Dates will be rejected. If Final Proposals are submitted electronically through multiple emails, only emails received by the specified date and time will be accepted.

In accordance with Section 5, Proposal Format, cost data must be in a separate attachment and clearly labeled. If cost data is not submitted in this manner, the proposal may be rejected. Proposals submitted under improperly labeled documents may be rejected.

1.9.1.8 Withdrawal and Resubmission/Modification of Proposals A Bidder may withdraw its Final Proposal at any time prior to the Final Proposal submission date and time specified in Exhibit 2, Key Action Dates, by submitting via email a written notification of withdrawal in accordance with Section 2.3.4.5, Signature of Proposal. The Bidder may thereafter submit a new or modified Final Proposal prior to the proposal submission due date and time. Modification offered in any other manner, oral or written, will not be considered. Other than as allowed by law, Final Proposals cannot be changed after the date and time designated for receipt, except as provided in accordance with Section 2.3.6.3, Errors in the Final Proposals. If prior to contract award, a bidder discovers a mistake in their proposal which renders the bidder unwilling to perform under any resulting contract, the bidder must immediately notify the Procurement Official and request to withdraw the proposal. It shall be solely within the State’s discretion as to whether withdrawal will be permitted.

Rejection of Proposals The State may reject any or all proposals and may waive any immaterial deviation or defect in a proposal. The State's waiver of any immaterial deviation or defect shall in no way modify the RFP documents or excuse the Bidder from full compliance with the RFP specifications if awarded the contract.

Evaluation and Selection Process

1.9.1.9 General

Proposals will be evaluated in accordance with Section 6, Evaluation.

1.9.1.10 Evaluation Questions

During the evaluation and selection process the State may ask the Bidder to clarify their submitted response if it contains conflicting information regarding a requirement for which compliance cannot be determined. Clarification will not be requested if the Bidder has been deemed non-compliant to other requirements.

Except for clerical errors, the State will not ask clarifying questions for bids where the response to the requirement is non-compliant as this would result in a change to the bid.

1.9.1.11 Errors in the Final Proposals

An error in the Final Proposal may cause the rejection of that proposal; however, the State may at its sole option retain the proposal and make certain corrections.

To determine if a correction is appropriate, the State will consider the conformance of the proposal to the format and content required by the RFP, and any unusual complexity of the format and content required by the RFP.

If the Bidder's intent is clearly established based on review of the complete Final Proposal submittal, the State may at its sole option correct an error based on that established intent.

If hard copies are submitted and there is a discrepancy between the Master copy and the additional copies, the Master copy shall have priority over the additional copies.

The State may at its sole option correct obvious clerical errors, arithmetic errors, and discrepancies. If necessary, the cost extensions and summary will be recomputed accordingly, if obviously misstated. If the unit price is ambiguous, unintelligible, uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the extended total price by the quantity of the item.

The State may at its sole option correct errors of omission, and in the following two situations, the State will take the indicated actions if the Bidder's intent is not clearly established by the complete proposal:

1. If cost for an item is omitted from the cost data provided in the proposal it will be interpreted to mean that the item will be provided by the Bidder at no cost.

2. If an item is not mentioned at all in the Final Proposal and is essential to satisfactory performance, the proposal will be interpreted to mean that the item will be provided at no cost.

If the re-computations or interpretations, as applied in accordance with this section, result in significant changes in the amount of money to be paid to the Bidder (if awarded the contract), the Bidder will be given the opportunity to promptly establish the grounds justifying relief from its proposal.

It is absolutely essential that Bidders carefully review the cost elements in their final proposal since they will not have the option to correct errors after the date and time for submission of the final proposals.

At the State’s sole discretion, it may declare the Final Proposal to be a Draft Proposal if the State determines that Final Proposals from all Bidders contain material deviations. Bidders may not protest the State’s determination that all proposals have material deviations. If all proposals are declared noncompliant, the State may issue an addendum to the RFP. Should this occur, confidential discussions will be held with Bidders who are interested in continuing to participate in the bidding process. Each Bidder will be notified of the due date for the submission of a new Final Proposal. This submission must conform to the requirements of the original RFP and, if applicable, any subsequent addenda. The new Final Proposals will be evaluated in accordance with Section 6, Evaluation.

Award of Contract Award of contract, if made, will be in accordance with Section 6, Evaluation, to a responsible Bidder whose Final Proposal complies with all the requirements of the final RFP documents, including all addenda, except for such immaterial deviations as may be waived by the State.

The State reserves the right to modify or cancel in whole or in part the RFP.

Debriefing A debriefing may be held after contract award at the request of any Bidder. The discussion will be based primarily on the administrative, technical, and cost evaluations of the Bidder's Final Proposal. A debriefing is not the forum to challenge the RFP specifications or requirements.

1.10 Contractual Information

Contract General Provisions, Terms, and Conditions The State has contract general provisions to be used by State agencies when contracting for non-IT goods and services. The contract general provisions appropriate for the specific requirements of this RFP and resultant contract(s) are as follows:

· Non-IT General Provisions (rev 6/21/2022)

Bidder also agrees to comply with all applicable statues, rules, regulations, and orders of the United States and the State of California which include, but are not limited to:

· Non-Discrimination Toward WTO GPA Signatories

· Plastic Trash Bag Certification Violations (Public Resources Code Section 42290, et seq.)

· Air or Water Pollution Violations (Government Code Section 4477)

· Fair Employment and Housing Commission Regulations (Government Code Section 12990)

· Unfair Practices Act and Other Laws (Business and Professions Code Section 17000 et seq.)

By signing the Agreement Cover Letter and submitting a proposal, Bidder is agreeing to all of the above terms and conditions without addition or modification.

Contract Documents The contract to be awarded will include the RFP in its final form, the intended awardee’s final proposal, and the STD 213. Standard Agreement signed by both parties.

1.11 Other Information

Award Protest This solicitation/acquisition is being conducted under the provisions of the Alternative Protest Process (Public Contract Code Section 12125, et seq.) By submitting a bid or proposal to this solicitation, the bidder consents to participation in the Alternative Protest Process, and agrees that all protests of the proposed award shall be resolved by binding arbitration pursuant to the California Code of Regulations, Title 1, Division 2, Chapter 5. Link to the Alternative Protest Process regulations.

A Notice of Intent to Award for this solicitation will be publicly posted on the Department of General Services Procurement Division webpage and sent via facsimile to any bidder who submits a written request for notice and provided a facsimile number. DGS/PD webpage link.

During the protest period, any participating bidder may protest the proposed award on the following grounds:

1. For major information technology acquisitions – that there was a violation of the solicitation procedure(s) and that the protesting bidder’s bid should have been selected; or

2. For any other acquisition – that the protesting bidder’s bid or proposal should have been selected in accordance with the selection criteria in the solicitation document.

A written Notice of Intent to Protest the proposed award of this solicitation must be received (facsimile acceptable) by the Coordinator before the close of business 5 p.m. PST/PDT on the 2nd working day after issuing the notice of intent, as specified in the solicitation. Failure to submit a timely, written Notice of Intent to Protest waives bidder’s right to protest.

Bidder is to send the notice of protest to:

Alternative Protest Process Coordinator/Dispute Resolution Department of General Services Procurement Division Purchasing Authority Management Section 707 Third Street, 2nd Floor South West Sacramento, CA 95605 Fax: 916 / 376-6226 Email: PDProtest@dgs.ca.gov

Within seven working days after the last day to submit a Notice of Intent to Protest, the Coordinator must receive from the protesting bidder the complete protest filing including the signed, written detailed statement of protest including exhibits, filing fee and deposit or small business certification as applicable. Untimely submission of the complete protest filing waives the bidder’s right to protest.

Protest bond requirement: bond amount for this Alternative Protest Process shall be 10 percent of the contract amount as specified in the solicitation. See California Code of Regulations, Title 1, Section 1418.

Disposition of Proposals All materials submitted in response to the RFP will become the property of the State of California and will be returned only at the State's option and at the Bidder's expense. At a minimum, the Master Copy of the Final Proposal will be retained for official files and will become a public record after the Notification of Intent to Award. However, materials the State considers confidential information (such as confidential financial information submitted to show Bidder responsibility) will be returned upon request of the Bidder.

Section 3 – Bidding Requirements This section contains the technical and administrative bidding requirements pertaining to the RFP and will be applicable to the resulting contract.

Prior to award of the contract, the State may require confirmation that the Bidder selected has all the resources to successfully perform under the contract. These include but are not limited to: personnel in the numbers and with the skills required; equipment of appropriate type and in sufficient quantity; and experience in similar endeavors. If, during the evaluation process, the State is unable to assure itself of the Bidder's ability to perform under the contract if awarded, the State has the option of requesting from the Bidder any information that the State deems necessary to determine the Bidder's responsibility. If such information is required, the Bidder will be notified and will be permitted approximately five business days to submit the requested information.

1.12 Technical Requirements

Proposed Products (M) This RFP requires Bidders to submit a proposal for one or more Zero-Emission Transit Bus groups, in accordance with Exhibit 4, Technical Specification. All requirements listed within Section 3, Bidding Requirements, shall apply to all Zero-Emission Transit Buses unless otherwise noted.

Bidders shall propose solutions for the Zero-Emission Transit Bus groups listed below. Bidders are not required to bid on all groups. However, Bidders are required to bid on all line items within each group that is proposed (except the NMS Energy Storage System Extended Warranty line item).

· Group 1 – 30’ Standard Low Floor Battery Electric Bus (BEB)

· Group 2 – 35’ Standard Low Floor BEB

· Group 3 – 40’ Standard Low Floor BEB

· Group 4 – 45’ Standard Low Floor BEB

· Group 5 – 40’ Coach Low Floor BEB

· Group 6 – 40’ Coach High Floor BEB

· Group 7 – 45’ Coach Low Floor BEB

· Group 8 – 45’ Coach High Floor BEB

· Group 9 – 60’ Articulated BEB

· Group 10 – 40’ Standard Low Floor Fuel Cell Electric Bus (FCEB)

· Group 11 – 45’ Standard Low Floor FCEB

· Group 12 – 40’ Coach Low Floor FCEB

· Group 13 – 40’ Coach High Floor FCEB

· Group 14 – 45’ Coach Low Floor FCEB

· Group 15 – 45’ Coach High Floor FCEB

· Group 16 – 60’ Articulated FCEB

· Group 17 – Cutaway Low Floor BEB

· Group 18 – Cutaway High Floor BEB

Only one Original Equipment Manufacturer (OEM) shall be offered for the base bus, in all groups per proposal. Bidders may submit additional proposals offering different OEM products.

Items in Exhibit 1, Cost Workbook may not be a full representation of the product requirements in Exhibit 4, Technical Specification. Prior to award, the state may add additional line items to the contract price list. These items will be available for purchase by ordering agencies at a fixed contract price which will be determined by manufacturer/dealer cost plus no greater than Bidder’s percentage markup as proposed in Exhibit 1, Cost Workbook. The state may update line items throughout the contract term.

Exhibit 1, Cost Workbook must be completed in accordance with Section 4, Cost and submitted in accordance with Section 5, Proposal Format.

1.12.1.1 Minimum Technical Requirements (M)

Exhibit 4, Technical Specification is comprised of the minimum requirements for ZEBs. All proposed products shall meet or exceed the minimum requirements at time of proposal submittal.

1.12.1.2 Technical Questionnaire (M)

Bidders shall use Exhibit 5, Technical Questionnaire to enter proposed product information. Proposed products shall meet or exceed the minimum requirements. An Exhibit 5, Technical Questionnaire shall be submitted with the proposal for each group bid. Failure to submit this form with the proposal will result in the proposal being considered non-responsive.

1.12.1.3 Technical Literature (M)

The Bidder should provide technical literature and references, confirming the State's requirements with their proposal. This includes supporting documentation that is referenced in the American Public Transportation Association (APTA) Technical Specifications, per Exhibit 4, Technical Specification. If technical literature is not submitted with the proposal, Bidder shall provide it within five days after request from the State. The Bidder confirms that statements contained in the Technical Literature such as "technical literature and references are subject to change without notice" or the inclusion of standard materials/brochures are not intended to limit the Bidder's commitment to meeting the needs and requirements of this RFP.

Options (M) All factory options shall be available and priced at manufacturer/dealer cost plus up to 10 percent (not to exceed Bidder’s proposed percentage in Exhibit 1, Cost Workbook). The Contractor shall provide ordering agencies a copy of the invoice/price sheet if requested, within 10 calendar days. Types of options may include, but are not limited to the following:

· Add Wi-Fi

· Add upgraded driver’s seat

· Add large cup holders

In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on this vehicle contract.

Note: Vehicles with additions or deletions options must continue to meet Exhibit 4, Technical Specification.

Battery Leasing Program (NMS) Bidders that offer a battery leasing program shall thoroughly describe their program on Exhibit 3, Narrative Response, and provide supporting documentation with the proposal. Do not include lease rates in Volume 1, Response to Requirements. If offered, Bidders shall receive additional points as specified in Section 6.3.1, Battery Leasing Score Calculation.

Energy Storage System Extended Warranty (NMS) Bidders may offer an energy storage system extended warranty per Exhibit 6, Warranty Requirements, Section 1.1.5.1.

If offered, Bidders shall receive additional points as specified in Section 6.3.2, Energy Storage System Extended Warranty Score Calculation.

Bidders must respond on Exhibit 3, Narrative Response, and if offering an energy storage system extended warranty, Bidders must include documentation with proposal to prove compliance and must bid on the Energy Storage System Extended Warranty line item in Exhibit 1, Cost Workbook.

Training (M) Bidders are required to offer training in accordance with Exhibit 8, Training Requirements. Bidder shall provide hourly training rate in Exhibit 1, Cost Workbook.

Post-Consumer Recycled Content Certification (M) State departments are required to report purchases made within 16 product categories in the California Department of Resources Recycling and Recovery’s (CalRecycle) State Agency Buy Recycled Campaign (SABRC) in accordance with PCC Sections 12200-12217.

In order to comply with those requirements, Bidders are required to certify in writing the minimum percentage, if not the exact percentage, of post-consumer recycled content (PCRC) material in each of the products offered as part of this solicitation.

The PCRC Certification Workbook contains the following documents:

· PCRC Percentages Worksheet – Bidder shall complete the PCRC Percentages Worksheet for each product offered.

· Letter of Certification – Bidder shall sign the Letter of Certification certifying that the minimum percentage, if not exact percentage, listed in the PCRC Percentages Worksheet is accurate. The Letter of Certification shall be furnished under penalty of perjury. The Letter of Certification shall be provided regardless of content, even if the products do not contain PCRC.

· Reportable Product Categories Table – This table is provided for informational purposes only and identifies the 16 SABRC reportable product categories.

The Bidder shall complete and submit the PCRC Certification Workbook with the proposal or within five working days of request from the state.

During the life of the contract, the Contractor will be required to submit revised PCRC Certification Workbook information if percentages are adjusted or if substitute line items are approved by the State Contract Administrator.

Environmentally Preferable Purchasing (EPP) Desirables (NMS) The items listed below are non-mandatory scored EPP desirables. Each Bidder who qualifies will receive points for each applicable group proposed. Proven compliance must be submitted at time of proposal submittal and must be current at the time of proposal submittal to receive points. Refer to Section 6.3.3, EPP Desirables Score Calculation. Bidders must respond on Exhibit 3, Narrative Response, and include documentation/copies of certifications to prove compliance.

1.12.1.4 Environmental Management Systems Standard (NMS)

Bidders are requested to be ISO 14001 certified with the most current revision. ISO 14001 is the international standard that maps out a framework and specifies requirements for an organization to follow for an effective environmental management system.

To receive points, documentation of this certification with the issue date shall be submitted at time of proposal submission. The certification must be completed by an ISO 14001:2015 accredited independent third-party certifier implementing ISO/IEC 17021:2016 (Conformity assessment – Requirements for bodies providing audit and certification of management systems). A list of accreditation body members can be found on the International Accreditation Forum website at www.iaf.nu.

1.12.1.5 Bi-Directional Charging (NMS)

Vehicle CCS-1 charging connector should be vehicle to grid (V2G) capable in adherence with ISO standard 15118-2. EVSE should be able to bi-directionally charge at a minimum 60kW. Hardware digital communication to ISO standard 15118-20, and software compliant with Open Charge Point 1.6 or later.

To receive points, supporting documentation that charging configuration meets ISO standard 15118-2 shall be submitted at time of proposal submission for each group being bid.

1.12.1.6 Battery Recycling (NMS)

Bidders are requested to have an active partnership with a battery recycler or have developed an end-of-life (EOL) battery management plan.

To receive points, Bidders shall submit at time of proposal submission, a partnership letter indicating a current agreement that used batteries will be recycled by the battery recycler, or documentation of the EOL management plan.

Warranty (M) The Contractor shall provide the warranties and warranty services in accordance with Exhibit 6, Warranty Requirements.

1.13 Administrative Requirements

Pricing (MS) The price proposed shall be the price per bus for the applicable line item as delivered to Sacramento County, California. The FOB point specified in the individual purchase order may vary. In that case, delivery fees shall be negotiated between the Contractor and ordering agency. Prices quoted do not include Federal Excise Tax, the California Tire Fee, Documentation Fee, or any other regulatory fee applicable to the ordering agency.

Pricing and discounts proposed in Exhibit 1, Cost…