Oregon Department of Transportation (ODOT) Office of Innovative Partnerships Salem, Oregon REQUEST FOR PROPOSALS (RFP) for Electric Vehicle Supply Equipment (EVSE) RFP Number: 730-23570-09 RFP Issue Date: April 1, 2009 Proposal Due Date and Time July 2, 2009 2:00 PM Pacific Time Note: ODOT will not conduct a public opening of Proposals received. ODOT’s Single Point of Contact for this RFP: Gordon L. Shadle ODOT Procurement Office 455 Airport Rd SE, Bldg K Salem, Oregon 97301-5348 Phone: (503) 986-6904 Email: [email protected]Pre-Proposal Conference- ODOT will not conduct a Pre-Proposal conference for this RFP. Proposer inquiries about this procurement must be submitted in accordance with Section 3.2 of this RFP. ODOT RFP 23570 Page 1 of 31
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Oregon Department of Transportation (ODOT)Office of Innovative Partnerships
Salem, Oregon
REQUEST FOR PROPOSALS (RFP)for
Electric Vehicle Supply Equipment (EVSE)
RFP Number: 730-23570-09
RFP Issue Date: April 1, 2009
Proposal Due Date and Time July 2, 2009
2:00 PM Pacific TimeNote: ODOT will not conduct a public opening of Proposals received.
ODOT’s Single Point of Contact for this RFP: Gordon L. ShadleODOT Procurement Office455 Airport Rd SE, Bldg KSalem, Oregon 97301-5348Phone: (503) 986-6904Email: [email protected]
Pre-Proposal Conference- ODOT will not conduct a Pre-Proposal conference for this RFP. Proposer inquiries about this procurement must be submitted in accordance with Section 3.2 of this RFP.
THIS PROCUREMENT MAY INCLUDE 2009 AMERICAN RECOVERY & REINVESTMENT ACT (ARRA) STIMULUS FUNDING
1.1 Overview. ODOT is conducting a competitive procurement to award a Purchase Agreement for wall and pedestal mounted Electric Vehicle Supply Equipment (EVSE). The functional objectives of this procurement are to ensure:
Authorized Purchasers throughout Oregon have a means to procure EVSE; EVSE deployed in Oregon have consistent and uniform characteristics including appearance,
operation and safety features; EVSE deployed in Oregon are compatible with electric vehicle (EV) manufacturers; and Oregon’s EVSE network is expandable and adaptable to future changes in the EV marketplace.
ODOT expects a new generation of EVs to enter the marketplace by 2010. Demand for these vehicles will grow quickly in Oregon, particularly when affordable, highway-speed vehicles come to the market. Currently, the biggest barrier to entry for Oregon’s EV market is the absence of a statewide, reliable network of EVSE. With the expected arrival of a new generation of EVs, assuring adequate EVSE infrastructure is essential. Also, industry standards are being adopted that assure standardization and compatibility of EVSE. At the same time, numerous technologies, business models and marketing strategies for deploying EVSE infrastructure are emerging.
An opportunity exists for ODOT to take a leadership role in this transition by using the Oregon Innovative Partnerships Program (OIPP), as authorized under ORS 367.800 to 367.826, to give Authorized Purchasers throughout Oregon a means to expand the current EVSE network. ODOT is uniquely positioned to use its statewide procurement authority through the OIPP to encourage consistent application of EVSE infrastructure to promote public awareness, recognition and acceptance of EVs throughout the State of Oregon.
At the request of local governments, utility companies and others, ODOT, in cooperation with technical advisors and subject matter experts, has developed an EVSE specification (Attachment B, Exhibit A). Adopting an EVSE specification ensures consistent application of EVSE infrastructure technology throughout the State of Oregon.
1.2 Cancellation of Solicitation and Rejection of Proposals: ODOT reserves the right to reject any or all Proposals in whole or in part, and reserves the right to cancel this RFP at any time, when the rejection or cancellation is in the best interest of the State or ODOT, as determined by ODOT. ODOT shall not be liable to any Proposer for any loss or expense caused by or resulting from the rejection or cancellation of a solicitation, Proposal, or award.
1.3 Procurement Authority and Method. ODOT is conducting this RFP pursuant to its authority under ORS 367.804. ODOT intends to use a competitive sealed Proposal procurement method. Per Section 4 of this RFP, ODOT intends to evaluate the Proposals using a 4-step evaluation process. The outcome of the process may result in the award of a Purchase Agreement.
Pursuant to ORS 367.806(5) the provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B, and 279C do not apply to this procurement.
1.4 Schedule of Events. The following represents a tentative plan for this RFP. ODOT reserves the right to modify these dates at any time with appropriate notice to Proposers issued via the Oregon Procurement Information Network (ORPIN).
Step 2 – ODOT Evaluation Committee evaluates, scores, and ranks Proposals July 10 – August 6, 2009
Step 3 – Issue Notice (competitive range determined) August 7, 2009
Step 4 – Negotiation Period; ODOT Evaluation Committee evaluates, scores, and ranks best and final Proposals August 10 – August 28, 1009
Issue Notice of Intent-to-Award September 2, 2009
Deadline to protest the Notice of Intent-to-Award September 9, 2009
Obtain approval of Purchase Agreement from Oregon Transportation Commission September 25, 2009
Execute Purchase Agreement October 9, 2009
1.5 Acronyms and Definitions. Acronyms and definitions applicable to this RFP are identified below. Additional acronyms and definitions may be found in Attachment B, Sample Purchase Agreement, and its Exhibits.
“Addendum” or “Addenda” means an addition, deletion, or material change to this RFP.
“Minor Informality” means a mistake that is evident on the face of the Proposal, is considered a matter of form rather than substance, and may be corrected without prejudice to the other Proposers.
“ORPIN” means the Oregon Procurement Information Network.
“Proposal” means a written response to this RFP.
“Proposer” means an individual or legal entity that may or does submit a Proposal in response to this RFP.
“Request for Proposals” or “RFP” means all of the documents, whether attached or incorporated by reference, that are used for soliciting Proposals.
“Responsive Proposal” means a Proposal that substantially complies with this RFP.
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SECTION 2: PROPOSAL SUBMISSION REQUIREMENTS
2.1 Method and Format for Preparation. Original Proposals must be prepared and submitted in written form. Proposals submitted orally, telephonically, by e-mail, or by facsimile will be rejected.
To ensure each Proposal receives the same orderly review, Proposals should be formatted using the following sections. Section 1- Proposal Cover Sheet (see Attachment A) Section 2- Mandatory Pass/Fail Requirements (See Section 4.2) Section 3- Technical Proposal (See Section 4.3) Section 4- Price Proposal (See Section 4.4) Section 5- References (See Section 4.5)
2.2 Number of Copies; Signature Required. Proposer shall submit one original Proposal. The Proposal must bear an original signature of
Proposer’s authorized representative on the Cover Sheet (Attachment A). Proposer should submit one separate electronic copy of each of the following documents in PDF
format (Adobe Acrobat) on one compact disk: o Section 1- Proposal Cover Sheet (Attachment A), o Section 2- Mandatory Pass/Fail Proposal Requirements, o Section 3- Technical Proposal, o Section 4- Price Proposal, ando Section 5- References
2.3 Sealed Envelope; Address and Cover Information. The Proposal should be submitted in one sealed package or envelope. To ensure proper identification and handling, the package or envelope should be clearly marked as follows:
ODOT Procurement OfficeAttn: Gordon Shadle, RFP 23570455 Airport Road SE, Bldg. KSalem, OR 97301-5348
The Proposal must be delivered postage or shipping pre-paid. ODOT will not accept a Proposal package or envelope with shipping fees or postage due.
2.4 Proper Identification. ODOT is not responsible for the proper handling of a Proposal that is not properly identified, marked and submitted in a timely manner.
2.5 Reduction of Waste. In an effort to reduce costs and waste, and promote energy savings, the Proposer should submit the Proposal on standard 8-1/2” x 11” paper and refrain from using 3-ring binders, spiral bindings, and other non-recyclable binders and presentation folders. The Proposal should be clearly labeled or otherwise identified and referenced in a clear and consistent manner throughout the Proposal.
2.6 Substantial Compliance. To be determined a Responsive Proposal the Proposal must substantially comply with the requirements of this RFP. A Proposal which is not in substantial compliance with the requirements of this RFP may be determined to be non-responsive and rejected. ODOT may request clarification of what it considers a Minor Informality.
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PROPOSAL SUBMISSION CHECKLIST FOR USE BY PROPOSERS
Section 2.1 Cover Sheet is included; Proposal is formatted correctly and contains all 5 sectionsSection 2.2 One original hardcopy Proposal and one CD with separate electronic files are submittedSection 2.2 Original signature of Proposer’s authorized representative is on the Cover SheetSection 2.3 Proposal addressed correctly and delivered postage or shipping pre-paidSection 2.4 Proposal submitted by due date and time Section 2.5 Proposal submitted on standard 8 ½ x 11 paper and does not include non-recyclable binders or presentation folders Section 3.6 Sensitive information or trade secrets designated and justified, if any
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SECTION 3: SOLICITATION PROCESS
3.1 Oregon Procurement Information (ORPIN) System. ORPIN is the automated system ODOT uses to make procurement documents available to the public (http://orpin.oregon.gov/open.dll/welcome).
3.1.1 RFP; Addenda; Question and Answer Documents. This RFP, including all attachments, is posted on ORPIN. ODOT will post Addenda and Question and Answer documents on ORPIN. To receive notice of Addenda and Question and Answer documents, Proposers must be registered on ORPIN. Proposers should consult ORPIN regularly until the Proposal due date to avoid missing any Addenda and Question and Answer documents. Proposers unfamiliar with the ORPIN may contact the ORPIN Help Desk at (503) 378-4642. In the event any document cannot be viewed or downloaded through ORPIN, Proposer may request a hard or electronic copy from the ODOT Single Point of Contact identified on page 1 of this RFP.
ODOT is not responsible for a Proposer’s failure to obtain all publicly available documents on ORPIN. It is the sole responsibility of each Proposer to obtain all Addenda and Question and Answer documents from the ORPIN System. By submitting a Proposal, each Proposer thereby agrees that it accepts all risks, and waives all claims, that may be associated with or related to its failure to obtain Addenda or Question and Answer information. The State of Oregon and ODOT will accept no claim or responsibility if the ORPIN System goes down.
3.2 Proposer Inquiries. All inquiries relating to this RFP must be submitted in writing to the ODOT Single Point of Contact identified on page 1 of this RFP (email inquiry is acceptable). Inquiries must be received by the deadline identified in Section 1.4.
ODOT, in its sole discretion, reserves the right to respond to inquires in one of three ways: (i) issue a written Addendum to the RFP, (ii) issue a Question and Answer document, or (iii) provide an informal email or verbal response to a Proposer when Agency, at its sole discretion, determines that a written Addendum or Question and Answer document is not appropriate.
3.2.1 Addenda. When appropriate, as determined by ODOT in its sole discretion, changes to the RFP will be issued as written Addenda.
3.2.2 Question and Answer Documents. When appropriate, as determined by ODOT in its sole discretion, ODOT may respond to inquiries by issuing a Question and Answer document. Question and Answer documents provide clarifications and interpretations but do not change any of the requirements in the RFP.
3.2.3 Informal Email or Verbal Responses. When appropriate, as determined by ODOT in its sole discretion, ODOT may provide informal verbal or email responses directly to a prospective Proposer. Informal verbal or email responses provided by ODOT will not change any of the requirements in the RFP.
3.2.4 Rules of Contact Throughout the procurement process under this RFP, from the date of issuance of the RFP until ODOT's publication of any notice of intent to award a Purchase Agreement under the RFP (or cancellation of the procurement), the following rules of contact shall apply to every officer, employee, member, or agent of any prospective Proposer or Proposer:
(a) Each Proposer must direct all communications to ODOT that concern this RFP (inquiries and responses to ODOT questions) exclusively to the ODOT Single Point of Contact identified on page 1 of this RFP.
(b) No Proposer may contact or communicate with any other State of Oregon officer, employee, or agent, or with any member of the ODOT Evaluation Committee assigned to this RFP, concerning any contents of this RFP or any of its attachments or exhibits. (c) ODOT shall have no responsibility for any communication or any other information or contact, written or oral, that occurs outside the Single Point of Contact communication channel specified in this Section 3.2. (d) The restrictions in this Section shall not, however, preclude or restrict communications that concern matters unrelated to this RFP. (e) ODOT may, at ODOT's sole discretion, disqualify any Proposer, or reject the Proposal of any Proposer, that engages in communications that are prohibited by this Section 3.2.
3.3 RFP Protests Not Allowed. ODOT will not allow or consider protests of this RFP. ODOT will allow and consider protests of its award selections (see Section 4.8).
3.4 ODOT Requests for Clarification of Proposal. ODOT reserves the right to request clarifications at any time from a Proposer on any portion of its Proposal.
3.5 Proposal Withdrawals and Modifications. Proposals may be withdrawn or modified in writing anytime prior to the Proposal due date and time. Requests for withdrawals and modifications must be received by ODOT at the address identified in Section 2.3. The withdrawal or modification notice must be delivered to ODOT in a sealed envelope marked “Proposal Withdrawal” or “Proposal Modification”, as applicable, by U.S. Mail, commercial courier, or a representative of the company. The withdrawal or modification notice must be on company letterhead and signed in ink by an authorized representative. Oral, faxed or e-mailed withdrawal or modification requests will not be accepted.
3.6 Public Information. All Proposals submitted will be exempt from disclosure under the Oregon Public Records Law (ORS 192.410 to 192.505) until ODOT issues its Notice of Intent-to-Award (see Section 4.7).
3.6.1 Designation of Sensitive Business, Commercial, or Financial Information and Trade Secrets. If a Proposal contains any information that Proposer considers exempt from disclosure under the various grounds specified in ORS 367.800 to 367.826, ORS 192.410 to 192.505, ORS 646.461 to 646.475, or other applicable law recognizing the confidentiality of public records and information, Proposer must clearly designate the portions of their Proposal claimed as exempt from disclosure. Proposer must also provide a justification and citation of the authority relied on for the exemption. Identifying the Proposal in whole as exempt is not acceptable. If Proposer fails to identify the portions of the Proposal claimed as exempt, or does not provide a justification and the authority used to substantiate the claim, Proposer is deemed to waive any future claim for non-disclosure of that information.
ODOT will independently assess whether the exemption applies. In determining whether the information or records are exempt from disclosure, ODOT will consider the evidence and objections to disclosure presented by the Proposer. After considering Proposer’s evidence and objections, ODOT will inform the Proposer of its disclosure decision. Proposer shall be responsible for all costs, expenses and attorney fees incurred in taking any action to prevent the disclosure of information or records.
Regardless of any exemption claimed by a Proposer, ODOT has the right, in its sole discretion, to share the entire Proposal and all records or information contained therein with:
A local government as part of the consultation process described in OAR 731-070-0295; or The Oregon Transportation Commission pursuant to its approval authority in ORS 367.806(6) and
3.7.1 ODOT will not be liable for any claims or be subject to any defenses asserted by Proposer based upon, or resulting from, or related to, Proposer’s failure to comprehend all requirements of this RFP.
3.7.2 ODOT will not be liable for any expenses incurred by Proposer in either preparing or submitting its Proposal, in participating in the Proposal evaluation and selection process, or, if applicable, participating in the negotiation of a Purchase Agreement.
3.7.3 Any quantities stated or identified in this RFP are intended to serve only as a guide to Proposers. No quantities identified in this RFP constitute, and they may not be construed as, any representation, warranty or guarantee of the volume or quantity of items that actually will be purchased under any Purchase Agreement that may be awarded under this RFP. Each Proposer agrees to accept all risks associated with the quantity of items actually purchased under any resulting Purchase Agreement. BY SUBMITTING A PROPOSAL, EACH PROPOSER THEREBY EXPRESSLY WAIVES AND RELIQUISHES ANY CLAIM IT MAY HAVE, IF AWARDED A PURCHASE AGREEMENT, THAT MAY ARISE OUT OF OR RELATE TO THE QUANTITY OF ITEMS ACTUALLY PURCHASED UNDER THE PURCHASE AGREEMENT.
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SECTION 4: PROPOSAL EVALUATION AND CONTRACTOR SELECTION
4.1 Overview. ODOT will comply with the requirements of OAR 731-070-0270 during its evaluation and selection process. The evaluation, scoring, and ranking of Proposals will be based on the information contained in the Proposals, on information provided by the Proposer’s references, and on any information ODOT may obtain in investigating Proposer responsibility under Section 4.10.2 of this RFP.
ODOT will use the following 4-step process to determine the highest ranked Proposer:
Step 1, Review of Proposal Submission Requirements and Mandatory Pass/Fail Technical Requirements- ODOT will evaluate Proposals for compliance with the Proposal submission requirements identified in Section 2 and the mandatory pass/fail technical requirements identified in Section 4.2 of this RFP. ODOT will issue a written notification (email is acceptable) to each Proposer of its status after the Step 1 review is completed.
Step 2, Evaluation Committee- Proposals that pass all mandatory technical requirements will be forwarded to the ODOT Evaluation Committee. The ODOT Evaluation Committee will evaluate, score and rank the Proposals using the evaluation criteria and points identified in Sections 4.3 and 4.4. The evaluation points assigned by each evaluator will be summed and averaged to determine the final score.
Step 3, Determination of Competitive Range- The competitive range is defined as the 3 highest ranked Proposers who offer both a wall mounted and a pedestal mounted unit. ODOT reserves the right, at ODOT’s sole discretion, to increase or decrease the competitive range, depending on the closeness of the final scores. ODOT will issue a written notification (email is acceptable) to each Proposer of its status after ODOT determines the competitive range.
Step 4, Final Negotiation; Best and Final Proposals- ODOT intends to initiate negotiations with the 3 Proposers in the competitive range. ODOT may request, as determined by ODOT in its sole discretion, a best and final Proposal from each Proposer. The ODOT request will identify the due date for submission of the best and final Proposal. The due date will terminate the negotiations and mark the end of the negotiations period.
ODOT may not conduct the same amount of negotiations with each Proposer during the negotiations period. ODOT may terminate negotiations with a particular Proposer at any time during the negotiations period. If Proposer elects to not enter negotiations or submit a best and final Proposal, ODOT will consider the Proposer’s original Proposal as the best and final Proposal.
ODOT’s Evaluation Committee will re-evaluate, score, and rank the best and final Proposals based on the criteria and points identified in Sections 4.3 and 4.4.
ODOT, at its sole discretion, may require each Proposer in the competitive range to conduct a demonstration of the proposed EVSE in accordance with Section 5.5 of this RFP.
After Step 4 is complete, ODOT intends to issue a Notice of Intent-to-Award to the highest ranked Proposer.
However, as stated in Section 4.9 of this RFP, ODOT reserves the option to select more than one Proposer and to award more than one Purchase Agreement under this RFP. ODOT may, at its sole discretion, issue multiple Notices of Intent-to-Award to other Proposers in the competitive range based on the recommendation of ODOT’s Evaluation Committee.
The outcome of Steps 1 through 4 may, at ODOT’s sole discretion, result in: Issuance of a Notice of Intent-to-Award; or Cancellation of the RFP and no further action; or Cancellation and re-issuance of the RFP in the same or revised form.
4.2. Mandatory Pass/Fail Technical Requirements. Proposer shall provide “Yes” or “No” responses on the attached checklist and include the completed checklist in their Proposal. Failure to meet all pass/fail technical requirements may result in rejection of the Proposal.
4.3 Technical Proposal. In determining the capabilities of a Proposer to perform, the following information must be provided in the Technical Proposal. Do not include any pricing information in the Technical Proposal.
4.3.1 Effectiveness of Supply Chain (100 Points). Describe your: (50 points) Company’s supply chain and order fulfillment process. Include descriptions of the major
nodes of your chain, e.g., sources and locations of supply for key parts like the J1772 connector; any contract manufacturing you intend to do; identify long lead-time components, customer order taking and tracking process. Describe your firm’s plan for making spare and replacement parts and components readily available to Authorized Purchasers, including concepts like: (i) the time period between an Authorized Purchaser’s order of a part and the delivery of the part; (ii) whether your firm will maintain an inventory of spare parts or expects the Authorized Purchasers to maintain their own parts inventories; and (iii) your firm’s recommendations on how Authorized Purchasers may identify and secure access to parts and any specialized trouble-shooting and maintenance tools.
(25 points) Lead-time commitment for each type (wall and pedestal) of EVSE (Purchase Order Date to Receipt Date).
(15 points) Manufacturing capacity and any constraints assuming orders of 0-250 total units in 2010 and 0-500 total units in 2011 and beyond.
(10 points) Ability to deliver EVSE to Authorized Purchasers on a statewide basis.
4.3.2 Customer Care (100 Points). (50 points) Identify your proposed warranty period and how issues will be resolved during the
warranty period. (40 points) Describe your customer care support plan after EVSE are installed. (10 points) Describe how your company will market the proposed EVSE to Authorized Purchasers.
4.3.3 EVSE Quality (200 Points). (125 points) Expand the responses provided on the mandatory pass/fail technical specification
checklist and desirable features checklist in the following areas: o Reset Capabilities: The EVSE should include reset capabilities to permit the resumption of
charging after the occurrence of any tripping or interruption of charging services due to over-current, leakage/ground current interruption, or other causes. Proposers must describe the capabilities of, and the manner in which, the proposed EVSE will reset, can be reset, or otherwise permit the resumption of charging after an interruption. The description should address: (i) safety to users; (ii) convenience to users and ease of operation; (iii) equipment reliability in terms of frequency of interruptions; (iv) average time lag between interruption and resumption; and (v) protection of the equipment from damage due to interruptions.
o Compliance with national certifications and standards, e.g. UL, NEC, FCC, NEMA. o Cord management system for both types of EVSE (wall and pedestal)o The EVSE’s ease of serviceability by qualified technicianso The contents of the documentation that will accompany the EVSEo Physical appearance and design; modularity of design for easy upgrades; where the State
should place its 6 inch square decal; where the identification plate will be placed and its appearance; dimensions and weight of each type of EVSE; where the operator display will be
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placed and what conditions it will communicate; other ease of use features to enable a consumer friendly fueling experience
o Ability to serve multiple EVs at the same time from each type of EVSEo Design includes Level 1 and 2 charging capability for each type of EVSE
(75 points) Describe the features and capabilities of your proposed EVSE that exceed ODOT’s mandatory specifications and desirable features. For example, describe the extent to which the proposed EVSE contains recycled product.1
4.3.4 Company Qualifications and Experience (100 Points) Describe: (40 points) The legal structure of your company (e.g. Publicly Traded Corporation, Limited Liability
Corporation; private ownership). Your company’s financial stability, recent history, and any litigation or official enforcement action against your company that involves potential liability that exceeds $500,000 or sanctions that would impair its ability to perform as stated in its Proposal. The information submitted must be sufficient to determine your company’s capability to fulfill its obligations under the Purchase Agreement.
(35 points) The length of time in business and experience working with public sector transportation organizations. Your company’s product and technology roadmap in regards to high power charging and fast refueling, e.g. Level 3.
(25 points) Involvement with national standards setting bodies, e.g., UL, NEC, SAE, NEMA.
4.3.5Desirable Features (200 Points). Proposer shall provide responses on the attached checklist and include the completed checklist in its Technical Proposal.
4.3.6 Data Collection, Storage, and Extraction (not scored). The State of Oregon plans to aggressively pursue funding opportunities through the American Recovery and Reinvestment Act to accelerate deployment of electric vehicles and charging infrastructure. This funding will undoubtedly come with reporting requirements such as the frequency and amount of usage. The exact data and reporting requirements are not known at this time. Describe the functionality of the proposed EVSE to collect, store, and extract data, including any data ports contained in the EVSE. Recommend the types of data that ODOT should consider collecting. This information will not be scored but may become an important consideration as more is known about the different funding opportunities.
4.4 Price Proposal (300 Points).
4.4.1 Schedule of Goods and Services. Proposer shall complete and submit a pricing table similar to the one attached below. The submitted table must include pricing information for each type of EVSE unit requested (wall
1 Recycled product is defined as:
“’Recycled product’ means all materials, goods and supplies, not less than 50 percent of the total weight of which consists of secondary and post-consumer waste with not less than 10 percent of its total weight consisting of post-consumer waste. ‘Recycled product’ includes any product that could have been disposed of as solid waste, having completed its life cycle as a consumer item, but otherwise is refurbished for reuse without substantial alteration of the product’s form.”
“’Post-consumer waste’ means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item. ‘Post-consumer waste’ does not include manufacturing waste.”
“’Secondary waste materials’ means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value,” and “includes post-consumer waste,” but “does not include excess virgin resources of the manufacturing process.
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and pedestal). Proposer should include a description of the other Deliverables proposed, the unit of measure for the Deliverables, and how the Proposer wants the Authorized Purchaser to pay for the Deliverables. Also, Proposer should describe the potential for cost reductions and their ability to achieve the reductions by the 2011-2014 timeframe.
4.4.2 Schedule of Goods and Services_Accessories. Proposer may include in their Proposal additional accessory products and services that would add value to the EVSE and benefit the Authorized Purchaser. Insert proposed prices and a description of each value added accessory in a table similar to the one attached below.
4.4.3 Software License and Maintenance. If applicable, Proposer shall include in the Price Proposal a proposed licensing and maintenance agreement for EVSE software. If the cost of licensing and maintenance is not included in the unit price for the EVSE, Proposer must include a software licensing and maintenance pricing schedule with their Price Proposal.
4.4.4 Evaluation of Price Proposal. Proposed prices must be stated in U.S. dollars and cents and be a delivered, fixed price that includes all elements of cost.
For Price Proposal evaluation and scoring purposes only, ODOT will allocate points based on the total price proposed for 250 pedestal mounted units and 250 wall mounted units. The following formula will be applied to determine the score for each Proposal:
Total Price = (250 x Unit Price for Pedestal Mounted Unit) + (250 x Unit Price for Wall Mounted Unit)
(Lowest Total Price / Total Price for the Proposal Being Scored) * 300 points = Awarded Points (rounded)
The following example explains how ODOT will assign a score to the Proposer’s Price Proposal: Proposer #1 proposed a total price of $300,000 for 250 pedestal mounted units and 250 wall mounted units. Proposer #2 is being scored and proposed a total price of $409,000. Proposer #1 has the lowest total price and receives the maximum point allocation of 300 points. Proposer #2 receives the following score:
The calculated total price fraction will be rounded to two decimal points. The Awarded Points will be rounded to the nearest whole number.
4.5 References. Proposer must provide the information below for at least 3 references. ODOT may contact the references to verify Proposer’s performance history.
Name of Company or Entity; Type of EVSE purchased Contact Person’s Name Contact Person’s Telephone/Fax/Email
4.6 Summary Table: Evaluation Criteria and Maximum Points Available.
Evaluation Criteria Maximum Points % of Total Points
Effectiveness of Supply Chain 100 10%
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Customer Care 100 10%
EVSE Quality 200 20%
Company Qualifications and Experience 100 10%
Desirable Features 200 20%
Total Price 300 30%
Total Score 1,000 100%
4.7 Notice of Intent-to-Award. After completing Step 4 of the evaluation process, ODOT intends to announce its intent to award a Purchase Agreement. The Notice of Intent-to-Award will communicate to all Proposers that ODOT intends to execute a Purchase Agreement with the highest ranked Proposer. ODOT may, at its sole discretion, issue multiple notices simultaneously and announce its intent to award more than one Purchase Agreement, based on the recommendation of the ODOT Evaluation Committee. ODOT will post the Notice of Intent-to-Award documents on ORPIN.
4.8 Protest of ODOT’s Notice of Intent-to-Award. Any Proposer who claims to have been adversely affected by ODOT’s issuance of a Notice of Intent-to-Award must submit a written protest to the Single Point of Contact identified on page 1 no later than 7 Calendar Days after the date of the Notice of Intent-to-Award. ODOT will not consider any late protest.
The only reasons for protest that ODOT will consider are: The Proposer receiving the Notice of Intent-to-Award did not submit a Responsive Proposal; or ODOT failed to conduct the evaluation of Proposals in accordance with the criteria or processes
described in this RFP; or ODOT abused its discretion in rejecting, if applicable, the protestor’s Proposal; or ODOT’s evaluation of Proposals and issuance of a Notice of Intent-to-Award was otherwise in
violation of Oregon public law or administrative rule.
ODOT will issue a written or email disposition of the protest to the protestor.
4.9 Award. After expiration of the 7 Calendar Day protest period and issuance of any protest disposition, if applicable, ODOT intends to proceed with the requirements of Section 5 of this RFP. ODOT reserves the right to select more than one Proposer and award multiple Purchase Agreements.
If ODOT receives only one Responsive Proposal, ODOT reserves the right to dispense with the requirements of Section 4 of this RFP and proceed directly to negotiation of the Purchase Agreement.
4.10 Responsive and Responsible Determinations.
4.10.1 Responsive. To be considered responsive, the Proposal must substantially comply with all requirements of the RFP. In making the determination ODOT may waive Minor Informalities in the Proposal.
4.10.2 Responsibility. Prior to award of a Purchase Agreement, ODOT intends to evaluate whether the highest ranked Proposer is responsible. In doing so, ODOT may investigate Proposer and request information in addition to that already required in the RFP, when ODOT, in its sole discretion, considers it necessary or advisable. ODOT will notify the highest ranked Proposer, in writing, of any other documentation required which may include, but is not limited to: financial statements; credit information; capacity information; and performance record. Failure to promptly provide the requested information may result in ODOT rescinding the Notice of Intent-to-Award and rejection of the Proposal.
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SECTION 5: AWARD REQUIREMENTS This Section 5 applies only to a Proposer who receives a Notice of Intent-to-Award. The following requirements must be successfully completed before ODOT will consider executing a Purchase Agreement.
5.1 Insurance Certification. The Proposer shall submit Certificates of Insurance to ODOT for the levels of coverage shown in Attachment B, Exhibit D, prior to executing a Purchase Agreement. Proposer is encouraged to consult their insurance agent(s) about the insurance requirements contained in this RFP prior to Proposal submission. Failure to promptly provide insurance certificates may result in ODOT rescinding the Notice of Intent-to-Award and rejection of the Proposal.
5.2 Conflict of Interest (COI). Proposer shall complete and submit the attached COI Form as required in the attached COI Guidelines.
If, following review of Proposer’s COI Form, ODOT determines Proposer to have a COI that cannot reasonably be mitigated to ODOT’s satisfaction, the Notice of Intent-to-Award may be rescinded and the Proposal rejected. Failure to promptly provide the COI form may result in ODOT rescinding the Notice of Intent-to-Award and rejection of the Proposal.
5.3 Business Name Registration. Proposer shall provide a current business registry number as assigned by the Oregon Secretary of State. If Proposer does not have a current registry number, Proposer shall register its business name and provide the registry number to ODOT (http://www.filinginoregon.com/business/index.htm). Failure to promptly provide a current business registry number may result in ODOT rescinding the Notice of Intent-to-Award and rejection of the Proposal.
5.4 Joint Ventures or Partnerships. If applicable, Proposer shall provide a copy of the joint venture or partnership agreement or bylaws as well as a certified document prepared in accordance with the entity governing provisions evidencing authority to enter into the Purchase Agreement together with any resolutions (if applicable) evidencing authority to participate as a joint venturer or partner. A contact person must also be designated for purposes of receiving all notices and communications under the Purchase Agreement, and to act as Contractor’s Contract Administrator. All joint venturers and partners shall be required to execute the Purchase Agreement. Failure to promptly provide agreements, bylaws, or certified documents may result in ODOT rescinding the Notice of Intent-to-Award and rejection of the Proposal.
5.5 Demonstration of the EVSE. ODOT, at its sole discretion, may require Proposers who receive a Notice of Intent-to-Award to demonstrate the proposed EVSE prior to executing the Purchase Agreement in accordance with the following requirements:
5.5.1 The EVSE proposed must be demonstrated at Proposer’s facility or its installed location. Proposer shall demonstrate a fully functioning pedestal mounted and wall mounted EVSE to verify compliance with the Specifications and the Proposer’s Proposal. Proposer shall supply all necessary equipment, supplies and labor for the demonstration.
5.5.2 By submitting its signed Proposal, Proposer accepts full responsibility for any expenses and costs related to the demonstration. Additionally, Proposer indemnifies ODOT from any liability of any kind, arising from or related to the demonstration.
5.5.3 Failure to promptly perform and successfully complete the demonstration may result in ODOT rescinding the Notice of Intent-to-Award and rejection of the Proposal.
5.6 DUNS Number Requirement. Purchase Orders issued under this Purchase Agreement may include 2009 American Recovery & Reinvestment Act (ARRA) stimulus funding and may require Contractor reporting using Contractor’s Data Universal Numbering System (DUNS) number. Proposer shall obtain and provide a Data Universal Numbering System (DUNS) number, if they don't already possess one, prior to executing a Purchase Agreement. DUNS Number registration is FREE and is available at the following Internet site: http://fedgov.dnb.com/webform/index.jsp
___ (Legal Name of Firm) ___________; a(an) __(enter State)_________CorporationFederal Tax ID # (FEIN):
Corporation Professional Corporation Ltd. Liability Company Partnership Limited Partnership Ltd. Liability Partnership Sole Proprietorship Other __________
Mailing Address Type name of primary Contact for this Proposal Email address Telephone Fax Type name of person(s) authorized to sign Contract:
1. Affirmative Action Program: ODOT is an equal-employment-opportunity employer and values diversity in its work force. ODOT requires its Consultants to have an operating policy as an equal employment opportunity employer. Firms of 50 people or less do not need to have a formal equal employment opportunity program, but must have an operating policy supporting equal employment opportunity. ________________________ (Name of Firm) has an operating policy supporting equal employment opportunity. Firms of 50 people or more must also have a formal equal employment opportunity program.
Does your firm have 50 or more employees? Yes No
Does your firm have a formal equal employment opportunity program? Yes No
2. Yes No This Proposal has been printed on recycled paper.
3. By signature below, the undersigned Authorized Representative on behalf of Proposer hereby certifies that:a) Proposer has received copies of all Addenda to this RFP; b) All contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Cover Sheet, are
truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty; c) Proposer has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a
minority, women or emerging small business enterprise certified under ORS 200.055; d) Proposer agrees to comply with all of the terms and conditions identified in Attachment B, the Purchase Agreement, and subject only to
negotiations specifically permitted by this RFP. e) Any portion(s) of the Proposal that Proposer considers exempt from disclosure under Oregon Public Records Law is/are clearly
designated and the justification and citation as to the authority relied upon for the exemption are provided in the Proposal. f) To the best of its knowledge and belief, is not aware of any information bearing on the existence of any potential conflict of interest as
defined in the attached OIPP Conflict of Interest Form and OIPP Conflict of Interest Guidelines (see Section 5.2). If Proposer is aware of a potential conflict of interest, Proposer shall complete and submit the OIPP Conflict of Interest Form as part of its Proposal.
g) By submitting a Proposal, except for a bona fide employee or agency, Proposer has not:(1) Employed or retained any person or agency to solicit or obtain the Purchase Agreement that might result from submission of the Proposal; (2) Paid to any person or agency employed or retained to solicit or obtain the Purchase Agreement that might result from submission of the Proposal, any contingent fee. For breach or violation of this warranty, ODOT shall have the right to annul the Purchase Agreement without liability or, in its discretion, to deduct from the Purchase Agreement price or consideration, or otherwise recover, the full amount of the contingent fee.(3) As used herein:
(A) "Bona fide agency" means an established commercial or selling agency, maintained by a Proposer for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain federal or state contracts nor holds itself out as being able to obtain any federal or state contract or contracts through improper influence.(B) "Bona fide employee" means a person or firm employed by a Proposer and subject to the Proposer's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain federal or state contracts nor holds itself out as being able to obtain any federal or state contract or contracts through improper influence.
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(C) "Contingent fee" means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a federal or state contract.(D) "Improper influence" means any influence that induces or intends to induce a federal or state officer or employee to give consideration or to act regarding a federal or state contract on any basis other than the merits of the matter.
h) To the best of its knowledge and belief, that on or after December 23, 1989:(1) No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement;(2) If any funds other than federal appropriated funds (including profit or fee received under a covered federal transaction) have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with its Proposal, the Proposer shall complete and submit, with its Proposal, OMB standard form LLL, Disclosure of Lobbying Activities, to ODOT; and(3) The Proposer shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.
i) To the best of its knowledge and belief, neither the Proposer, a major partner, a major subcontractor, nor any principal officer of a Proposer, major partner or major subcontractor:
(1) Is presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency or agency of the State of Oregon;(2) Has, within a three-year period preceding the submission of its Proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of bids or Proposals; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;(3) Is presently indicted for, or otherwise criminally or civilly charged by a governmental entity with the commission of any of the offenses or charges enumerated in subparagraph (2) of this subsection i); or(4) Has had, within a three-year period preceding the submission of its Proposal, one or more contracts terminated for default by any federal, state or local government agency.(5) A "principal officer of a Proposer, major partner or major subcontractor," means an officer, director, owner, or partner and any person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
4. By signature below, the undersigned Authorized Representative on behalf of Proposer hereby waives and relinquishes:a) Any claim, right in or expectation that the Proposer may assert against the State of Oregon, the Oregon Transportation
Commission, ODOT, or their members, officers and employees, that the Proposer may occupy, use, profit from, or otherwise exercise any prerogative with respect to any route, corridor, right of way or public property identified in the Proposal as being involved in or related to the proposed Transportation Project. Proposer has no right to claim exclusivity or right of use with respect to any route, corridor, right of way or public property by virtue of having submitted a Proposal that proposes to use or otherwise involve or affect it.
b) As against the State of Oregon, the Oregon Transportation Commission, ODOT, and their members, officers and employees, any right, claim, copyright, proprietary interest or other right in any proposed location, site, route, corridor, right of way or alignment or transportation mode or configuration identified in the Proposal as being involved in or related to the proposed Transportation Project. This waiver does not apply, however, to a Proposer's rights in any documents, designs and other information and records that constitute "sensitive business, commercial or financial information that is not customarily provided to business competitors" as specified in OAR 731-070-0280 and 731-070-0290.
