RFQ_2024-24_School_Bus_Quotes.pdf

STATE OF WASHINGTON

OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION

OLYMPIA, WASHINGTON

PROPOSAL DUE DATE: 3:00 p.m., Pacific Time (PT) on August 6, 2024

ESTIMATED COMMITMENT: September 1, 2024, through August 31, 2025

CONSULTANT ELIGIBILITY: This solicitation is open to those Consultants who satisfy the minimum qualifications stated herein and that are available for work in Washington State.

SUBMIT PROPOSAL TO: contracts@k12.wa.us

All communications concerning this RFQ must be directed only to the RFQ Coordinator via email. Any other communication will be considered unofficial and non-binding on

OSPI. Consultants are to rely on written statements issued by the RFQ Coordinator.

Communication directed to parties other than the RFQ Coordinator may result in disqualification of the Consultant.

This RFQ is available at the Office of Superintendent of Public Instruction (OSPI) website and at the Department of Enterprise Services, Washington Electronic Business Solution (WEBS)

Procurement website. All RFQ amendments and/or Consultant questions and OSPI answers will be posted to these sites. All interested Consultants must be registered with WEBS under the following commodity codes in order to receive automatic notifications: 065-17: Automotive And

Trailer Bodies, Body Accessories, And Parts/ Bus Bodies; 071-04: Automobiles, School Buses, SUVs, And Vans (Including Diesel, Gasoline, Electric, Hybrid, And All Other Fuel Types); 071-05:

Automobiles, Police and Security Equipped; 071-14: Bus Chassis; 071-15: Buses Complete, School (Conventional Type); 071-16: Buses Complete, School (Small Vehicle Type)

OSPI, and its contractors and subcontractors, must not discriminate in any programs or services based on sex, race, creed, religion, color, national origin, age, marital status, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal by a person with a disability, and must comply with state and federal nondiscrimination laws, including Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the

Americans with Disabilities Act, and Title VI of the Civil Rights Act of 1964. Questions and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director at 360-725-6162/TTY: 360-

664-3631; or P.O. Box 47200, Olympia, WA 98504-7200; or equity@k12.wa.us.

Request for Quotations No. 2024-24

School Bus Quotations mailto:contracts@k12.wa.us https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://fortress.wa.gov/ga/webs/ https://fortress.wa.gov/ga/webs/ mailto:equity@k12.wa.us

RFQ No. 2024-24 Page 2 of 22

Rev. 11/21

Table of Contents

Section A. INTRODUCTION

A.1. DEFINITIONS

A.2. PURPOSE OF REQUEST FOR QUOTATIONS

A.3. BACKGROUND

A.4. OBJECTIVE AND SCOPE OF WORK

A.5. BUS SPECIFICATIONS QUOTES

A.6. BIDDER QUALIFICATIONS

A.7. PERIOD OF PERFORMANCE

A.8. FUNDING

A.9. AMERICANS WITH DISABILITIES ACT

Section B. GENERAL INFORMATION FOR BIDDERS

B.1. RFQ COORDINATOR

B.2. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

B.3. COMPLAINT PROCEDURE

B.4. SUBMISSION OF PROPOSALS

B.5. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

B.6. ADDENDUMS AND AMENDMENTS TO THE RFQ

B.7. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES (MWBE),

AND VETERAN-OWNED BUSINESS PARTICIPATION

B.8. ETHICS, POLICIES, & LAW

B.9. ACCEPTANCE PERIOD

B.10. RESPONSIVENESS

B.11. MOST FAVORABLE TERMS

B.12. CONTRACT AND GENERAL TERMS & CONDITIONS

B.13. COSTS TO PROPOSE

B.14. NO OBLIGATION TO CONTRACT

B.15. REJECTION OF PROPOSALS

Section C. PROPOSAL CONTENTS

RFQ No. 2024-24 Page 3 of 22

C.1. PROPOSAL OVERVIEW

C.2. LETTER OF SUBMITTAL

C.3. PRICE QUOTATION

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

D.2. NOTIFICATION TO BIDDERS

D.3. DEBRIEFING OF UNSUCCESSFUL BIDDERS

D.4. PROTEST PROCEDURE

Section E. RFQ EXHIBITS

EXHIBIT A

RFQ No. 2024-24 Page 4 of 22

Section A. INTRODUCTION

A.1. DEFINITIONS

Definitions for the purposes of this RFQ include:

Agency or OSPI – The Washington State Office of Superintendent of Public Instruction; the entity issuing this RFQ.

Amendment – A unilateral change to the Solicitation that is issued by OSPI at its sole discretion and posted on WEBS and OSPI’s website.

Apparent Successful Bidder (ASB) – A Bidder submitting a response to this Solicitation that is evaluated and is identified and announced by OSPI as providing the best value to the

Agency. Upon execution of a Contract, the ASB is referred to as the successful Bidder or the

Contractor.

Bid – An offer, proposal, or quote for goods or services submitted in response to this RFQ.

Bidder – Individual organization, public or private agency submitting a proposal in order to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and

Vendor are interchangeable.

Competitive Solicitation – A documented formal process providing an equal and open opportunity to Bidders or Consultants culminating in a selection based on predetermined criteria.

Complaint – A process that may be followed by a Consultant prior to the deadline for bid submission to alert OSPI of certain types of asserted deficiencies in the Solicitation.

Consultant – Individual organization, public or private agency submitting a proposal in order to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and Vendor are interchangeable.

Contractor – Individual or company whose proposal has been accepted by OSPI and is awarded a fully executed, written contract.

Debriefing – A short meeting an unsuccessful Bidder may request with the Coordinator following the announcement of the Apparent Successful Bidder for the purpose of receiving information regarding the review and evaluation of that Bidder’s Response.

Proposal – A formal offer submitted in response to this RFQ.

RFQ No. 2024-24 Page 5 of 22

Proprietary Information – Information such as patents, technological information, or other related information that the Bidder or Consultant does not want released or shared with the public.

Protest – A process that may be followed by a Bidder after the announcement of the Apparent

Successful Bidder to alert OSPI to certain types of alleged errors in the evaluation of the

Solicitation.

Request for Proposals (RFQ) – Formal procurement document in which goods/services needed are identified, and Consultants are invited to provide their quotations to provide the goods/services.

RCW – The Revised Code of Washington.

Responsible Bidder – An individual, organization, public or private agency, or other entity that has demonstrated the capability to meet all the requirements of the Solicitation and meets the elements of responsibility. (See RCW 39.26.160 (2))

Responsive Bidder – An individual, organization, public or private agency, or other entity who has submitted a Bid that fully conforms in all material respects to the Solicitation and all its requirements, in both form and substance.

RFQ Coordinator – An individual or designee who is employed by OSPI and who is responsible for conducting this Solicitation.

Solicitation – A formal process providing an equal and open opportunity for Bidders culminating in a selection based upon predetermined criteria.

Subcontractor – An individual or other entity contracted by a Consultant to perform part of the services or to provide goods under the Contract resulting from this Solicitation. Subcontractors, if allowed, are subject to the advance approval of OSPI.

Vendor – Individual organization, public or private agency submitting a proposal in order to attain a contract with OSPI. For purposes of this Solicitation, the terms Bidder, Consultant, and

Vendor are interchangeable.

WEBS – Washington’s Electronic Business Solution, the Consultant notification system found at

Washington Electronic Business Solution (WEBS) Procurement website and maintained by the

Washington State Department of Enterprise Services.

https://fortress.wa.gov/ga/webs/

RFQ No. 2024-24 Page 6 of 22

A.2. PURPOSE OF REQUEST FOR QUOTATIONS

The Office of Superintendent of Public Instruction (OSPI) is initiating this Request for Quotations

(RFQ) to solicit price quotes from school bus dealers interested in selling school buses to school districts in Washington state.

This RFQ will not result in contracts with any of the selected bus dealers; it will result in a published list of all accepted price quotes which school districts may use to place orders directly with dealers.

A.3. BACKGROUND

Led by Superintendent Chris Reykdal, OSPI is the primary agency charged with overseeing public

K–12 education in Washington state. Working with the state's two hundred ninety-five (295) public school districts, seven (7) state-tribal education compact schools, and public charter schools, OSPI allocates funding and provides tools, resources, and technical assistance so every student in Washington is provided a high-quality public education.

Pursuant to Revised Code of Washington (RCW) 28A.160.195, OSPI is soliciting competitive price quotes from school bus dealers for school buses in twenty-eight (28) separate categories.

A.4. OBJECTIVE AND SCOPE OF WORK

School bus dealers will produce school buses in up to twenty-eight (28) separate categories to

Washington state School Districts.

Following this competitive process, OSPI will publish a list of all accepted price quotes. School districts may purchase a school bus directly from the submitting dealer without going to bid if the price quote is on the OSPI list of accepted bids.

For the purpose of this process, “school district” includes Washington state school districts, Educational Service Districts, public charter schools, and tribal compact schools.

A.5. BUS SPECIFICATIONS QUOTES

School bus specifications are attached as Exhibits.

The specifications for each of the twenty-eight (28) categories are divided into two (2) parts:

Part I: The state-supported specifications for the base bus (and the base bus equipped with a lift) and a Vehicle Data Sheet and Official Price Quotation, found in the State Price Quote Specification form.

https://app.leg.wa.gov/RCW/default.aspx?cite=28A.160.195

RFQ No. 2024-24 Page 7 of 22

In Part I, dealers must complete the right-hand column on each page. In addition, the Vehicle Data Sheet and Official Price Quotation shall be completed and the price for the base bus without lift and with lift listed in the Quoted Price section (bottom portion of Quotation Sheet).

NOTE: Provide a price for both categories: a bus without lift and with a lift on the

Vehicle Data Sheet and Official Price Quotation found in the State Price Quote

Specification form.

Part II: The specifications for district-supported options, including price quotations for each item.

In Part II, dealers must complete the right-hand column and indicate a price for each item. School districts may purchase directly from any dealer submitting an accepted quote on a base bus in any category, and (if the district so chooses) one or all items listed in Part II at or below the quoted price for each item.

Dealers may submit a price quotation for one (1) or more of the twenty-eight (28) separate categories; however, if a quotation is submitted for any category, Parts I and II of the specifications must be completed. Failure to offer a quotation for any item in either part may result in rejection of the entire quotation in that category. Dealers may submit more than one

(1) price quotation in any school bus category if each such price quotation represents a separate school bus body manufacturer.

Dealers may offer a chassis upgrade within a school bus price quote, as a district supported option listed in Part II. However, dealers must submit a separate price quotation for each school bus body manufacturer offered within each category (a change in school bus body manufacturer cannot be handled as an upgrade option within a price quote).

A.6. BIDDER QUALIFICATIONS

Minimum Qualifications:

1. Licensed to do business in the State of Washington.

2. Licensed as a motor vehicle dealer with the Washington state Department of

Licensing.

3. Registered with the Washington State Department of Revenue.

4. Quoted school buses must be in production and manufacturing phases at time of bid and be deliverable, along with any district-supported options, to any Washington state school district. Quotes will not be accepted for a type and category of bus that has yet to be manufactured and delivered.

5. All school buses quoted must meet or exceed the 2023 Washington State School Bus

Specifications for school buses.

https://ospi.k12.wa.us/policy-funding/student-transportation/2023-24-state-quote-specifications

RFQ No. 2024-24 Page 8 of 22

6. All school buses quoted must meet the current WSP/OSPI Interpretations at time of bid.

Consultants who do not meet these minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any proposal that is rejected as non-responsive will not be evaluated or scored.

A.7. PERIOD OF PERFORMANCE

School districts may purchase school buses at the quoted price for a period of one-year beginning September 1, 2024, through August 31, 2025. Accordingly, dealers must guarantee pricing submitted in response to this RFQ through August 31, 2025.

Additional services that are appropriate to the scope of this RFQ, as determined by OSPI, may be added to the resulting contract by a written amendment mutually agreed to and executed by both parties.

A.8. FUNDING

Bidders are encouraged to provide their most favorable and competitive cost estimate to perform the work.

A.9. AMERICANS WITH DISABILITIES ACT

OSPI complies with the Americans with Disabilities Act (ADA). Consultants may contact the RFQ

Coordinator to receive this Request for Quotations in an alternative format.

https://ospi.k12.wa.us/sites/default/files/2023-10/10-2023-interpretations.pdf

RFQ No. 2024-24 Page 9 of 22

Section B. GENERAL INFORMATION FOR BIDDERS

B.1. RFQ COORDINATOR

The RFQ Coordinator is the sole point of contact in OSPI for this procurement. All communication between the Consultant and OSPI upon receipt of this RFP shall be with the RFQ

Coordinator, as follows:

Contact Information

Name: Kyla Moore

Email Address: kyla.moore@k12.wa.us

Any questions or communications concerning this RFQ must be directed only to the RFQ

Coordinator noted in Section B.1. Questions and/or inquiries must be sent via email and should include the RFQ number. Consultants are to rely on written statements issued by the RFQ

Coordinator. Communication directed to parties other than the RFQ Coordinator will be considered unofficial and non-binding on OSPI, and may result in disqualification of the

Consultant. Answers or other applicable addenda will be posted to OSPI and WEBS in accordance with the schedule in Section B.3.

Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow OSPI to consider and, if warranted, respond to the inquiry. If a

Bidder does not notify the Procurement Coordinator of an issue, exception, addition, or omission, such matter may be considered to be waived by the bidder for protest purposes.

B.2. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Item Action Date

1. OSPI issues RFQ July 18, 2024

2. Question and Answer period July 18-August 2,

3. Last date for questions regarding RFQ August 1, 2024

4. Complaints due July 30, 2024

5.

OSPI posts final Question and Answer Addendum or

Amendment (if necessary) August 3, 2024

6. Proposals due 3:00 p.m. on

August 6, 2024

7. OSPI conducts evaluation of proposals August 7, 2024

8.

OSPI publishes vetted list of vendors for use by school districts

September 1, mailto:kyla.moore@k12.wa.us

RFQ No. 2024-24 Page 10 of 22

Item Action Date

9. OSPI conducts debriefing conferences (if requested)

As requested, per debriefing instructions

OSPI reserves the right to revise the above schedule.

B.3. COMPLAINT PROCEDURE

The complaint process is available to Consultants interested in this RFQ. The complaint process allows Consultants to focus on the Solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow OSPI to correct a problem before proposals are submitted and time expended on evaluations.

A Consultant may submit a complaint based on any of the following:

• The Solicitation unnecessarily restricts competition;

• The Solicitation evaluation or scoring process is unfair or flawed; or

• The Solicitation requirements are inadequate or insufficient to prepare a proposal.

Consultants may submit complaints up to five (5) business days prior to the proposal due date noted in the Estimated Schedule of Procurement Activities. However, Consultants are encouraged to submit complaints as soon as possible so OSPI can rectify the issue(s) early in the process. Complaints must be submitted to the RFQ Coordinator. In order to be considered a valid complaint, the complaint must meet the following requirements:

• Must be in writing.

• Should clearly articulate the basis for the complaint.

• Should include a proposed remedy.

Complaints not received by the deadline noted in the Estimated Schedule of Procurement

Activities will not be reviewed by OSPI. Failure by the Bidder to raise a complaint at this stage may waive its right for later consideration.

The OSPI Contracts Administrator or an employee delegated by the Contracts Administrator will review valid complaints and respond to the submitter in writing. OSPI will consider all complaints but is not required to adopt a complaint, in part or in full. OSPI’s response to the complaint is final and not subject to administrative appeal. The response, and any changes to the RFQ, will be posted as an amendment to WEBS prior to the proposal due date. Any complaint addressed during the complaint process cannot be raised during the protest process.

RFQ No. 2024-24 Page 11 of 22

B.4. SUBMISSION OF PROPOSALS

Consultants shall submit proposals as an attachment to an email to the RFQ Coordinator noted in Section B.1. Proposals must arrive by 3:00 p.m. PT on August 6, 2024. The RFQ number must be noted in the email subject line. Attachments to the email must be in Microsoft Word format and not a scanned document. Attach a separate bus quote for each bus category. Please do not consolidate bus quotes. Consultants should not submit or mail paper proposals. The maximum file size that can be received via email at OSPI is 35MB. Bidders should also be aware of their own service provider's limits which may be more restrictive. Proposals that exceed such limits may be submitted via OneDrive. OSPI does not assume responsibility for any problems with the electronic delivery of materials.

Proposals not received by the deadline will not be reviewed. Late proposals will not be accepted and will be automatically disqualified from further consideration. Proposals must respond to the procurement requirements. Do not respond by referring to material presented elsewhere. The proposal must be complete and must stand on its own merits.

If an awarded consultant does not uphold the requirements of this procurement, the specifications herein, the specifications submitted at the time of application and acceptance, and any resulting contracts with school districts, their bid will be removed from the approved bidder list and the 2024-25 State Quote Specifications webpage.

Failure to respond to any portion of the procurement document may result in rejection of the proposal as non-responsive. All proposals and any accompanying documentation become the property of OSPI and will not be returned.

B.5. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Your entire response to this RFQ is a public record and will be disclosed consistent with the

Public Records Act, Chapter 42.56 RCW. Bid submissions and evaluations are temporarily exempt from public disclosure until announcement of the ASB(s).

B.8.i. CONFIDENTIAL DOCUMENTS

For the purposes of this RFQ, do not include confidential or proprietary information unless specifically requested by OSPI.

If OSPI requests confidential or proprietary information, you must clearly print the word

“Confidential” on the lower right-hand corner of each page containing the confidential or proprietary information.

B.8.ii. PUBLIC RECORDS REQUESTS

If a public records request seeks your proposal and the proposal contains pages clearly marked “Confidential”, OSPI will take the following steps:

RFQ No. 2024-24 Page 12 of 22

i. We will notify you. We will identify the requestor and the date that OSPI will disclose the requested records.

ii. We will give you an opportunity to seek a court order to stop OSPI from disclosing the records.

iii. We will not evaluate or defend your claim of confidentiality. We will not withhold or redact your documents without a court order.

If you have any questions, refer to the OSPI Public Records Office.

B.6. ADDENDUMS AND AMENDMENTS TO THE RFQ

In the event it becomes necessary to revise any part of this RFQ, an addendum or an amendment will be published on the OSPI website. For this purpose, the published Consultant questions and Agency answers, and any other pertinent information, shall be considered an addendum to the RFQ. Additionally, all addenda referred to above will be released on WEBS under the commodity code(s) listed on the cover page of this RFQ. Only consultants who have properly registered in WEBS will receive automatic notification of amendments or other correspondence pertaining to this RFQ. For those not registered in WEBS, it will be the responsibility of interested

Consultants to check the website periodically for addenda and amendments to the RFQ.

B.7. SMALL BUSINESS, MINORITY & WOMEN’S BUSINESS ENTERPRISES

(MWBE), AND VETERAN-OWNED BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in chapter 39.19 RCW, the State of Washington encourages participation in all of its contracts by firms certified by the Office of

Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this RFQ or on a subcontractor basis. For more information on certification, contact the Washington Office of Minority and Women’s Business Enterprises.

43.60A.200 encourages the participation of Veteran and Service Member Owned Businesses certified by the Washington State Department of Veterans Affairs RCW 43.60A.195. For more information on certification, contact Washington State Department of Veteran Affairs.

Additionally, per Department of Enterprise policy, agencies are encouraged to buy from in-state small business, including microbusinesses and mini businesses.

However, no preference will be included in the evaluation of proposals, no minimum level of

MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply.

https://www.k12.wa.us/about-ospi/contact-us/ospi-public-records-request https://www.k12.wa.us/about-ospi/contracting-ospi/competitive-procurements https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips http://apps.leg.wa.gov/rcw/default.aspx?cite=39.19 http://omwbe.wa.gov/ http://app.leg.wa.gov/rcw/default.aspx?cite=43.60A.195 https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses

RFQ No. 2024-24 Page 13 of 22

Vendors who meet criteria set forth in chapter 39.19 RCW, should completed and submit the

Business Enterprise Certification Form with the Contractor Intake Form.

B.8. ETHICS, POLICIES, & LAW

This RFQ, the evaluation of proposals, and any resulting contract shall be made in conformance with applicable Washington State laws and Policies.

Specific restrictions apply to contracting with current or former state employees pursuant to

RCW 42.52. Bidders should familiarize themselves with the requirements prior to submitting a proposal. Bidders shall indicate on their Contractor Intake Form any current or former state employees who are employed by, or subcontracted with, Bidder.

B.9. ACCEPTANCE PERIOD

Proposals must provide ninety (90) business days for acceptance by OSPI from the due date for receipt of proposals.

B.10. RESPONSIVENESS

All proposals will be reviewed by the RFQ Coordinator to determine compliance with administrative and minimum requirements and instructions specified in this RFQ- i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible.

OSPI may reject a Proposal as nonresponsive at any time for any of the following reasons:

• Incomplete Response

• Submission of a Response that proposes goods/services that deviate from the scope and technical requirements set forth in this document and any exhibits, except as permitted in an amendment to this Solicitation.

• Failure to meet the minimum Bidder qualifications or to comply with any requirement set forth in this RFQ, including exhibits.

• Submission of incorrect, misleading, or false information

• History of prior unsatisfactory contractual performance

The RFQ Coordinator may contact any Bidder for clarification of the proposal. A bidder’s failure to provide requested information to OSPI within ten (10) business days may result in disqualification. If a proposal is deemed non-responsive, it shall be removed from further consideration. Bidders whose proposals are found to be non-responsive shall be disqualified from further evaluation and shall be notified in writing.

If a proposal meets all administrative and Bidder qualification requirements and submittal instructions, OSPI shall continue with the written evaluation and, if applicable, the oral evaluation.

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.19

RFQ No. 2024-24 Page 14 of 22

OSPI reserves the right at its sole discretion to waive minor informalities. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders.

B.11. MOST FAVORABLE TERMS

OSPI reserves the right to accept the bidder’s proposal without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Bidder can propose. There will be no best and final offer procedure. OSPI does reserve the right to contact a Bidder for clarification of its proposal.

B.12. CONTRACT AND GENERAL TERMS & CONDITIONS

This RFQ will not result in a contract with OSPI. Instead, OSPI will publish a vetted list of prices for school districts to access. School districts may choose to purchase services from vendors on the list. Districts will contact vendors directly and negotiate contract terms.

B.13. COSTS TO PROPOSE

OSPI will not be liable for any costs incurred by the Consultant in preparation of a proposal submitted in response to this RFQ, in conduct of a presentation, or any other activities related to responding to this RFQ.

B.14. NO OBLIGATION TO CONTRACT

This RFQ does not obligate the State of Washington, OSPI, or a school district within the State of Washington, to contract for services specified herein. OSPI also reserves the right to cancel or to reissue the RFQ in whole or in part without penalty.

B.15. REJECTION OF PROPOSALS

OSPI reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFQ.

OSPI may at its discretion reject the bid of any contractor who has failed to perform satisfactorily on a previous contract with the state.

RFQ No. 2024-24 Page 15 of 22

Section C. PROPOSAL CONTENTS

C.1. PROPOSAL OVERVIEW

Proposals must be formatted to print on eight and one-half by eleven (8 ½ x 11) inch paper size to be submitted in the order noted below:

1. Letter of Submittal including signed certifications, as applicable

2. State Quote Price Summary Form

3. Any applicable bus type forms

4. Letter of Assurance

C.2. LETTER OF SUBMITTAL

The Letter of Submittal and applicable certifications must be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, (e.g., the President or

Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship).

C.3. PRICE QUOTATION

The award process is designed to accept price quotes for the lowest accepted price quotation in each specific bus category will be determined using only the base bus (Part I) quote.

Bidder shall submit price quote using the State Quote Price Summary Form , signed by an authorized representative. This form will be accepted as the official price quotation for each bus category submitted. The final quotation price must include all charges and cannot be altered during the school year.

Include a listing of each and any end-user manufacturer rebate if such rebate was assumed to be retained by the vendor to reduce the final price. Any end-user manufacturer rebate not listed will be deemed to be the property of the purchasing school district.

Submittal must include a letter stating your assurance that all Washington State school districts may purchase school buses at the quoted price for a period of one-year beginning

September 1, 2024, through August 31, 2025. Also include in the letter the combined rate of additional taxes that will be charged at your place of business effective September 1, 2024.

RFQ No. 2024-24 Page 16 of 22

Section D. EVALUATION AND AWARD

D.1. EVALUATION PROCEDURE

Responsive proposals will be evaluated and accepted strictly in accordance with the requirements stated in this RFQ and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team, to be designated by OSPI.

For responsive bids, OSPI will determine whether the bidder is a “responsible bidder.”

Accordingly, OSPI may make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, OSPI may consider the following statutory elements:

• Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

• Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

• Bidder’s ability to perform the contract within the time specified;

• Bidder’s performance quality pertaining to previous contracts or services;

• Bidder’s compliance with laws relating to the contract or services;

• Whether, within the three-year period immediately preceding the date of the

Competitive Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and

Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

• Such other information as may be secured having a bearing on the decision to award the Contract.

In accordance with RCW 39.26.160(2)(a)-(g), OSPI may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

Following a review of responsiveness, the evaluation will be conducted as follows:

1. The lowest accepted price quotation in each specific bus category will be determined using only the base bus (Part I) quote. In the annual bulletin to school districts that describes the annual school bus reimbursement process; only the lowest accepted price quotation will be listed, along with the name of the vendor submitting that quotation.

The bulletin will also inform school districts that the complete list of all accepted price quotations will be available on the OSPI website no later than September 1, 2024. OSPI reserves the right to visually or otherwise distinguish the lowest accepted price quotation

RFQ No. 2024-24 Page 17 of 22 and the dealer’s name submitting that price quote in each category, in the material posted on the OSPI website.

2. All school buses quoted must meet or exceed the 2023 Washington State School Bus

Specifications for school buses and the state price quote specifications.

3. All school buses quoted must meet the current WSP/OSPI Inspection Interpretations at time of bid.

D.2. NOTIFICATION TO BIDDERS

Proposals that have not been selected for further negotiation or award will be notified via email by the RFQ Coordinator.

D.3. DEBRIEFING OF UNSUCCESSFUL BIDDERS

At the Bidder’s request, an individual debriefing conference will be scheduled with an unsuccessful Bidder. A Debrief Conference is an opportunity for a bidder and OSPI to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following the bid evaluation, OSPI will issue an ASB announcement. The request for a debriefing conference must be received by the RFQ Coordinator within three (3) business days following announcement of the ASB. The debriefing must be held within three (3) business days of the request, unless otherwise agreed upon by OSPI and Bidder.

Discussion will be limited to a critique of the requesting Bidder’s proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted either in person at OSPI’s office in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by OSPI, and may be limited by OSPI to a specified period of time.

Since debriefing conferences pertain to the formal evaluation process, Bidders who were disqualified as non-responsive and therefore did not go through the formal evaluation process, are not entitled to a debriefing conference.

Please note, because the debrief process must occur before making an award, OSPI likely will schedule the Debrief Conference shortly after the announcement of the ASB and the Bidder’s request for a Debrief Conference. OSPI will not allow the debrief process to delay the award.

Therefore, Bidders should plan for contingencies and alternate representatives; Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest.

https://www.k12.wa.us/sites/default/files/public/schfacilities/pubdocs/WSP-OSPIInterpretations9-2022Final.pdf

RFQ No. 2024-24 Page 18 of 22

D.4. PROTEST PROCEDURE

This protest procedure is available to Bidders who submitted a response to this RFQ document and who have participated in a debriefing conference. Upon completion of the debriefing conference, the Consultant is allowed five (5) business days to file a protest of the procurement with the RFQ Coordinator. Protests shall be submitted to the RFQ Coordinator via email.

Consultants protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders under this procurement.

The protest must state:

1. The RFQ number.

2. The grounds for the protest including specific facts and complete statements of the action(s) being protested. The protesting party may submit with the protest any documents or information deemed relevant.

3. A description of the relief or corrective action being requested should also be included.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of the evaluator/evaluation team;

• Errors in computing the score; and/or

• Non-compliance with procedures described in the procurement document or OSPI policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, 2) OSPI’s assessment of its own and/or other agencies needs or requirements, or 3) a complaint raised during the Complaint Procedure.

Upon receipt of a protest, a protest review will be held by OSPI.

1. The agency will assign a Protest Officer who had no involvement in the evaluation and award process to investigate and respond to the protest.

2. The Protest Officer will consider the available facts and issue a written response to the

Bidder within ten (10) business days after receipt of the protest, unless additional time is needed. OSPI will notify the protesting bidder in writing if additional time is needed.

3. A copy of the protest and the agency’s written decision will be provided to the

Superintendent of Public Instruction and the Director of DES.

In the event a protest may affect the interest of another Bidder that submitted a proposal, such

Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Protest Officer.

RFQ No. 2024-24 Page 19 of 22

The final determination of the protest shall either:

• Find the protest lacking in merit and uphold OSPI’s action; or

• Find only technical or harmless errors in OSPI’s procurement process and determine

OSPI to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide OSPI options which may include:

o Correct the errors and re-evaluate all proposals, and/or o Reissue the RFQ document and begin a new process, or o Make other findings and determine other courses of action as appropriate.

If OSPI determines that the protest is without merit, OSPI will enter into a contract with the

Apparent Successful Bidder, assuming the parties reach agreement on the contract’s terms. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. All decisions made by OSPI relating to the protest shall be final.

RFQ No. 2024-24 Page 20 of 22

Section E. RFQ EXHIBITS

Available as editable Word documents on OSPI’s procurement website.

Form/File Name Description

Exhibit-A-Assurances-

2024-24 Exhibit A - Certification and Assurances

1394- SUM 2024-25 State Quote Price Summary

1394-1-TYPE A-2024 Type A Gas & Propane

1394-2-TYPE A-Electric-

Type A Electric

1394-3-TYPE C-48 Pass-

Type C60 Bid as 48 Passenger, Diesel, Gas & Propane

1394-4-TYPE C-71 Pass-

Type C77 Bid as 71 Passenger, Diesel, Gas & Propane

1394-5-TYPE C-Electric-71

Pass-2024 Type C77 Bid as 71 Passenger, Electric

1394-6-TYPE D-48 Pass-

Type D60 Bid as 48 Passenger, Diesel

1394-7-TYPE D-78 Pass-

Type D84 Bid as 78 Passenger, Diesel

1394-8-TYPE D-84RE

Pass-2024 Type D84 84 Passenger, Rear Engine

1394-9-TYPE D-Electric-84

Pass-2024 Type D84 84 Passenger, Electric

1394A - 2024-25 School District Options – Dealer Delivery Report

1394-A-Calculations

2024-25 School District Options – Dealer Delivery Report

1394B - 2024-25 As Delivered – Vehicle Data Sheet

Forms that require signature may include typed name in place of a physical signature, so the form can be submitted in the required Word document format.

RFQ No. 2024-24 Page 21 of 22

EXHIBIT A

CERTIFICATION AND ASSURANCES

Available as an editable Word document on OSPI’s procurement website.

Bidder must sign and include the full text of this Exhibit A with their proposal.

Bidder makes the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s):

1. Bidder declares that all answers and statements made in the proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition.

However, Bidder may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of time that is outlined in the RFQ.

4. In preparing this proposal, Bidder has not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. Bidder understands that OSPI will not reimburse Bidder for any costs incurred in the preparation of this proposal. All proposals become the property of OSPI, and Bidder claims no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by

Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor.

7. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

8. Bidder certifies that Bidder has not, within the three-year period immediately preceding the date of release of this competitive solicitation, been determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment to have willfully violated state minimum wage laws (RCW

49.38.082; Chapters 49.46 RCW, 49.48 RCW, or 49.52 RCW).

RFQ No. 2024-24 Page 22 of 22

9. Bidder has not been debarred or otherwise restricted from participating in any public contracts.

10. Bidder certifies that Bidder has not willfully violated Washington State’s wage payment laws within the last three years.

11. Bidder acknowledges its obligation to notify OSPI of any changes in the certifications and assurances above.

I certify under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct.

Signature of Bidder Date Place Signed (City, State)

Print Name Title Organization Name