Forty Zero Emission Electric Bus Solution

Memphis Area Transit Authority ● 1370 Levee Rd. ● Memphis, TN 38108-1011 ● (901) 722-7100 WWW.MATATRANSIT.COM REQUEST FOR PROPOSAL SUBJECT: Purchase of Forty (40) Zero Emission Electric Bus Solution DATE: May 26, 2023 INVITATION NO.: 23-13 PROPOSAL DUE: September 28, 2023, Time: 11:00 am (CST) The Memphis Area Transit Authority invites proposals for the Purchase of Zero Emission Electric Bus Solution set forth above in accordance with the specifications enclosed herewith. Proposals MUST be received at MATA by the date and time set forth above. Sincerely, Frances Boyland Senior Contract Administrator http://www.matatransit.com/ abest Frances TABLE OF CONTENTS ADVERTISEMENT SECTION 1 NOTICE OF REQUEST FOR PROPOSALS SECTION 2A INSTRUCTIONS TO PROPOSERS SECTION 2B DEMONSTRATON PROGRAM SECTION 3 GENERAL CONDITIONS SECTION 4 SPECIAL PROVISIONS SECTION 5 FEDERAL REQUIREMENTS SECTION 6 TECHNICAL SPECIFICATIONS SECTION

7 WARRANTY REQUIREMENTS SECTION 8 QUALITY ASSURANCE SECTION 9 REQUIRED FORMS AND CERTIFACATIONS • Addenda Acknowledgement Form • Affidavit of Non-Collusion (Exhibit I) • Buy America Certification (Exhibit II) • Certification of Primary Participation Regarding Debarment, Suspension, and Other Responsibility Matters (Exhibit III) • Certification of Lower-Tier Participants Debarment, Suspension, Ineligibility and Voluntary Exclusion (Exhibit III) • Certification of Restrictions on Lobbying (Exhibit IV) • Certification of Utilization of Disadvantaged Business Enterprises (Exhibit V) • Letter of Intent to Perform as a DBE Contractor/Subcontractor (Exhibit VI) • Schedule of DBE Participation (Exhibit VII) • Faithful Performance Bond Form (Exhibit VIII) • Certificate of Compliance with Bus Testing Requirement (Exhibit IX) • Transit Vehicle Manufacturers (TVM) Certificate of Compliance with Disadvantaged Business Regulations (Exhibit X) • Federal Motor Vehicle Safety Standards (FMVSS) Certification (Exhibit XI) • Explanation of “No Response” (Exhibit XII) • Pricing Proposal Form (Exhibit XIII) • Form for Technical Compliance (Exhibit XIV) • Form for Proposal Deviation (Exhibit XV) • Proposer’s Recommended Spare Parts List (Exhibit XVI) SECTION 10 APPENDICES • Demonstration Program Route Maps (Appendix A) • Memphis Innovation Corridor KMZ File (Appendix B) • Demonstration Program Agreement Form (Appendix C) • Preliminary Hazard Log (Appendix D) MEMPHIS AREA TRANSIT AUTHORITY LEGAL NOTICE TO PROPOSERS Proposals will be received by the Memphis Area Transit Authority (MATA) at its Purchasing Offices, 1330 Levee Road, Memphis, TN 38108, until 11:00 AM, local time on September 28, 2023, for furnishing the following: PURCHASE OF 40 ELECTRIC BUSES MATA hereby notifies all Proposers that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit Proposals in response to this advertisement and will not be discriminated against on the grounds of race, color, sex, religion, political affiliation or national origin in consideration of an award. Any name appearing on the Comptroller General's list of ineligible contractors is not an eligible Proposer. The contractor will be required to comply with all applicable Equal Employment Laws and Regulations. Further information and Proposal requirements may be obtained by contacting Frances Boyland, Senior Contract Administrator, (901) 722-7199. The award of the contract will be made on the basis of the evaluation criteria as shown in the RFP as selected by the Authority, provided it is in their best interest to do so. MATA reserves the right to reject any and all Proposals, and to waive any informalities. GARY ROSENFELD CHIEF EXECUTIVE OFFICER May 23, June 22, 23, 2023 MATA RFP 23-13 PAGE 1 SECTION 1 NOTICE OF REQUEST FOR PROPOSALS MATA RFP 23-13 PAGE 2 SECTION 1 NOTICE OF REQUEST FOR PROPOSALS Statement of Intent. The Memphis Area Transit Authority (MATA) is seeking Proposals for the manufacture and delivery of a base order of Forty (40), zero emission, 40’, low floor, battery electric buses with special tools, spare parts, and training services with options of up to 10 additional buses in accordance with the terms and conditions set forth in this Request for Proposals (RFP) 23-13. This procurement will be evaluated in a two-step process. (1) Proposers will submit a Demonstration Program Response to this RFP. Based on those responses, MATA will invite Proposers to participate in a Demonstration Program. MATA will evaluate and score each Proposer’s responsiveness and performance for a one-week demonstration program (at the Proposers’ expense) within MATA’s operating territory. (2) Following successful completion of the demonstration program, MATA will refine specifications through an addendum to the RFP. Each Proposer within the competitive range will be invited to submit a Technical and Price Proposal for the second phase of evaluation. The Proposer with the highest score will be selected as the successful Proposer for contract execution. The contract shall be a firm-fixed-price contract. RFP and Contract Timeline. Durations are shown in calendar days. These dates are subject to change. However, in no event shall the deadline for submission of the Proposals be changed except by written addenda from MATA’s Contract Administrator. Activity / Milestone Tentative Date Duration / Notes Availability of RFP May 26, 2023 Pre-Proposal meeting June 28, 2023 Questions and requests for clarification due July 10, 2023 MATA responses to requests for clarification July 14, 2023 4-days Proposal Part 1 - Demonstration Program Response due. Proposer submission of proposal, demonstration program commitment, technical data, and required forms July 17, 2023 Refer to Section 2.A for additional details MATA extends invitations for participation in the demonstration program. Six-day demonstrations will be scheduled with each proposer. July 20, 2023 BEB Demonstration Program, per Proposer and Interviews Week 1 July 24 - 28 Week 2 August 1 - 4 Week 3 August 7 - 11 Week 4 August 14 - 18 Week 5 August 21 – 25 Week 6 Aug. 28-Sept. 1 Demonstration Program Report: prepared by each Proposer September 6 – 8, 2023 MATA evaluation of demonstration program performance September 6 - 8, 2023 MATA issuance of RFP Addendum with final specifications September 14, 2023 Proposal Part 2 – Technical and Price Proposal due: Proposer submission of required forms, technical, and price Proposal September 28, 2023 Refer to Section 2.A for additional details MATA evaluation of Proposals October 4, 2023 1 day MATA scoring and evaluation October 4, 2023 1-day MATA RFP 23-13 PAGE 3 BAFO: Final negotiation and Best-and-Final- Offer (if needed) request from MATA October 9, 2023 MATA review of BAFO(s) and final selection recommendation October 10, 2023 3-days Pre-Award Buy-America audit for selected Proposer September 28, 2023 3-days MATA contract preparation for Board review October 10 - 17, 2023 7-days MATA Board approval of Contract October 24, 2023 Notice-to-Proceed to Contractor November 1, 2023 Design review, manufacture, and in-factory inspection period November 1, 2023 – November 30, 2024 No later than 12 months from NTP Delivery of first bus to MATA Dec 2024 (TBD) No later than 13 months from NTP Delivery of last base-order bus to MATA TBD TBD Deliverables closeout TBD TBD Warranty period closeout TBD TBD Contract closeout TBD TBD Obtaining Proposal Documents. Proposal documents may be obtained from Frances Boyland, in person at 1330 Levee Road, Memphis, TN 38108 or electronically, if available, at fboyland@matatransit.com. Documents requested by mail will be packaged and sent postage paid. Proposal Due Date and Submittal Requirements. Proposal Part 1 – Demonstration Program Response, Proposal Part 2 – Technical and Price Proposal, and BAFOs, must be received by 11:00 A.M. CST, July 17, 2023, and as described in Section 2.A, Instructions to Proposers. Validity of Proposals. Each Proposer’s Proposal Part 2 – Technical and Price Proposal, and subsequent offers (such as BAFOs) must be received by 11:00 A.M. CST, September 28, 2023, and shall be valid for a period of 90 days, following MATA opening of a Proposal. Any submission of Proposals may be withdrawn within the requirements described in Section 2.A, Instructions to Proposers. Any submission not so withdrawn shall, upon opening, constitute an irrevocable offer, valid for the period described above until one more of the submissions have been duly accepted by MATA. 3.1. Pre-Proposal Meeting Information. A Pre-Proposal Meeting will be held on the date described in the RFP and Contract Timeline above, refer to Section 2.A for additional details. Prospective Proposers are requested to submit written questions to the Contract administrator, identified below, in advance of the Pre-Proposal Meeting. In addition, questions may be submitted up to the date specified in the RFP and Contract Timeline above. Responses will be shared with all prospective Proposers. Prospective Proposers are reminded that any changes to the RFP will be by written addenda only, and that nothing stated at the Pre-Proposal Meeting shall change or qualify in any way any of the provisions in the RFP and shall not be binding on MATA. MATA Contract Administrator Contact Information: Name: Frances Boyland Title: Senior Contract Administrator Address: 1370 Levee Road, Memphis, TN 38108 mailto:fboyland@matatransit.com MATA RFP 23-13 PAGE 4 Phone number: 901-722-7199 Fax number: 901-274-5866 Email: fboyland@matatransit.com 3.2. Identification of Source of Funding. Financial support of this project is provided through financial assistance grants from the Federal Transit Administration (FTA), State of Tennessee and MATA, CMAQ, BUILD Grant, and Low/No-Emission Grant. NOTE: Insert any other locally required notice provisions, including how to obtain the solicitation documents. Signed and Dated for Posting Signature Date mailto:fboyland@matatransit.com MATA RFP 23-13 PAGE 5 SECTION 2A INSTRUCTIONS TO PROPOSERS MATA RFP 23-13 PAGE 6 SECTION 2A INSTRUCTIONS TO PROPOSERS 2B.1 General 5.1.1 The following data is intended to form the basis for submitting Proposals to provide a zero-emission battery electric bus solution for the Memphis Area Transit Authority (hereinafter referred to as MATA). MATA will employ the competitive negotiation process in the award of this contract. These instructions provide detailed legal and technical requirements for the acquisition of these vehicles. The Contract shall be a firm-fixed price Contract. 5.1.1 MATA is a public agency responsible for providing public transportation services within the City of Memphis and surrounding communities. 5.1.2 "Purchaser", "Procuring Agency" or "Grantee" means MATA. The words "proposal", "bid", and "offer" are synonymous, and it is understood that once MATA accepts the same, the document will constitute the contract contemplated by these instructions. The words "Proposer", "Bidder", "Contractor", and "Vendor" are also synonymous. 5.1.3 The terms "Bus", "Van", "Coach", or "Vehicle" are synonymous. 5.1.4 This material contains general conditions for the procurement process and instructions for submissions of Proposals. The RFP should be read in its entirety before preparing the Proposal. 5.1.5 All materials submitted pursuant to this RFP shall become the property of the MATA. 5.1.6 This RFP does not commit MATA to award a contract or pay any costs incurred in the preparation of proposals in response to the RFP or to procure or contract for services. Proposers shall be responsible for all costs incurred as part of their participation in the pre-award process. 5.2 Confidentiality. To the extent permitted by law, all documents pertaining to this RFP shall be kept confidential until the Proposal evaluation is complete, and a recommendation submitted to the MATA Board of Commissioners for review. No information about any submission of Proposals shall be released until the process is complete, except to the members of the evaluation committee and other appropriate MATA staff. All information provided shall be considered by the evaluation committee in making a recommendation to enter into an agreement with the selected Proposer. 5.3 Pre-Proposal Meeting 5.3.1 A Pre-Proposal Meeting will be held on the date described in RFP and Contract Timeline (refer to Section 1, Notice of Request for Proposals) at 2:00 PM (CST) at 1370 Levee Road, Memphis, TN 38108 in MATA’s Board Room. Prospective Proposers are urged to make every effort to attend this meeting. Proposers are encouraged to attend in-person; virtual meeting information will be provided by MATA ahead of the Pre-Proposal meeting. 5.3.2 Prospective Proposers are requested to submit questions to the Contract Administrator, in advance of the Pre-Proposal Meeting. In addition, questions may be submitted up to the date specified in Section 1.2 “RFP and Contract Timeline”. Responses will be shared with all prospective Proposers. Prospective Proposers are reminded that any changes to the RFP will be by written MATA RFP 23-13 PAGE 7 addenda only and will be posted on the MATA website. Nothing stated during the Pre-Proposal Meeting, demonstration program, interviews, or other meetings shall change or qualify in any way any of the provisions in the RFP and shall not be binding on MATA. 5.4 Questions, Clarifications and Additional Information. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the RFP shall be transmitted to Frances Boyland, Senior Contract Administrator, and must be received no later than 2:00 p.m., local time, on July 10, 2023, in accordance with the approved equal procedures described in this subsection. Questions can be submitted by email to fboyland@matatransit.com. MATA is not responsible for oral interpretations given by MATA representative, or others. MATA's replies to such requests will be posted on the MATA website. A notice of clarification or approved equals will be furnished to all parties receiving specifications as addenda. 5.4.1 Approved Equal 5.4.1.1 In all cases, materials must be furnished as specified. Where brand names or specific items are used in the specifications, consider the term “or approved equal” to follow. 5.4.1.2 Any unapproved deviations, exceptions, substitutions, alternates, or conditional qualifications contained in a Proposal may cause for its rejection. 5.4.1.3 If a potential Proposer feels that his product is an equal to the product specified, he must submit a written request to MATA. 5.4.1.4 Requests for approved equals, clarification of specifications, and protest of specifications must be received by MATA electronically, NO LATER THAN 2:00 p.m., July 10, 2023, TO ALLOW ANALYSIS OF THE REQUEST. Any request for an approved equal or protest of the specifications must be fully supported with catalog information, specifications, and illustrations or other pertinent information as evidence that the substitute offer is equal to or better than the specifications’ requirement. Where an approved equal is requested, the Contractor must demonstrate the quality of his product to the Authority and must furnish sufficient information to enable the Authority to determine whether the Contractor’s product is or is not equal to that specified. Such requests may be faxed to Frances Boyland, Senior Contract Administrator at (901) 278-9108 or (901) 272-2912 or emailed to fboyland@matatransit.com. 5.4.1.5 MATA’s replies to requests under Section 2A.4.1.4 above will be post-marked at least 14 calendar days before the date scheduled for Proposal opening. 5.4.1.6 A notice of approved equals shall be furnished to all parties receiving specifications so that all Proposers may prepare their Proposal accordingly. 5.4.1.7 Appeal from the decision of MATA to approve or disapprove approved equal status shall be submitted in writing to the Chief Executive Officer, MATA, 1370 Levee Road, Memphis, TN 38108, not later than five days from the date of MATA’s decision. The appeal shall, at a minimum, identify the decision in questions, specify all reasons why the appealing party disagrees with the decision, and shall include all facts and justification, including technical information, in support of its position. The Chief Executive Officer may request additional information from the appealing party, and information or a response from the Proposers which shall likewise be submitted in writing to the Chief Executive Officer not later than 10 days from the date of MATA’s request. So far as practicable, appeals will be decided upon the basis of the mailto:fboyland@matatransit.com mailto:fboyland@matatransit.com MATA RFP 23-13 PAGE 8 written appeal, information and written response submitted by the appealing party and other Proposers; all parties are urged to make written submissions as complete as possible. Failure of any party to timely respond to a request for information may be deemed by MATA that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response; and, in such event, the appeal will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent investigation deemed appropriate by MATA, the Chief Executive Officer shall either (a) render a decision which shall be final and advise all interested parties of same in writing, or (b) at the sole election of the Chief Executive Officer, conduct an informal hearing at which the interested participating parties will be afforded an opportunity to present their respective positions and facts, documents, justification, and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedure. Following the informal hearing, the Chief Executive Officer shall render a decision, which shall be final and advise all interested parties thereof in writing. 5.4.1.8 Changes in the specifications will be made by written addendum by MATA and will be forwarded to all persons and firms to whom Proposal documents have been furnished. 5.5 Addenda. The issuance of written addenda is the only official method whereby interpretation, clarification, or additional information can be given. MATA will post all addenda on the MATA website. All such addenda will become a part of the contract documents and subject to all conditions contained therein and must be listed on the Addenda Acknowledgement Form in Section 9, Forms and Certifications for the Bid to be accepted. Failure of any Proposer to receive such addendum or interpretation shall not relieve such Proposer from any obligation under his Proposal as submitted. All addenda so issued shall become part of the contract documents. 5.6 MATA reserves the right to (a) accept or reject any and/or all submissions of Proposals; (b) to waive irregularities, informalities, and technicalities; and (c) to accept any alternative submission of Proposals presented which, in its opinion, would best serve the interests of the MATA. MATA shall be the sole judge of the Proposals, and the resulting negotiated agreement that is in its best interest, and its decision shall be final. MATA also reserves the right to make such investigation as it deems necessary to determine the ability of any submitting entity to perform the work or service requested. Information MATA deems necessary to make this determination shall be provided by the submitting entity. Such information may include, but is not limited to, current financial statements by an independent Certified Public Accountant (CPA), verification of availability of equipment and personnel, and past performance records. 5.7 The Proposer guarantees that the Proposal submitted is not a product of collusion with any other Proposer and no effort has been made to fix the Proposal price of any Proposer or to fix any overhead, profit, or cost element of any Proposal price. An Affidavit of Non-Collusion, as per attached format, must be signed and submitted with the Proposal (Exhibit I). 5.8 Subsequent to the evaluation committee’s review and the MATA Board of Commissioners recommendation of a firm, MATA Board of Commissioner’s approval will be required before the final contract may be executed. 5.9 All expenses for responding to this RFP, meeting attendance, preparation of materials for MATA review, participation in the demonstration program, travel and other expenses, and submission of Proposal components shall be borne by the submitting entity. MATA RFP 23-13 PAGE 9 5.10 Prior to submitting their Proposals, Proposers are to be registered with the Purchasing Department. 5.11 No Contact Policy. After the posting of this solicitation to the Purchasing Department’s website, any contact initiated by any Proposer with any MATA representative concerning this Proposal is strictly prohibited, unless such contact is made with the Purchasing Department representative listed herein or with said representative's authorization. Any unauthorized contact may cause the disqualification of the Proposer from this procurement transaction. Demonstration program responses and Proposals must include a notarized statement/affidavit of No Contact/No Advocacy. 5.12 Inclement Weather. During periods of inclement weather, the Purchasing Department will enact the following procedures with regard to solicitations and weather delays: • If MATA offices are closed due to inclement weather on the date Proposals are due to the Purchasing Department all solicitations due that same day will be moved to the next operational business day. • MATA shall not be liable for any commercial carrier’s decision regarding deliveries during inclement weather. 5.13 Conditions, Exceptions, Reservations or Understandings 5.13.1 Proposers are cautioned to limit exceptions, conditions and limitations to the provisions of this RFP, as they may be determined to be so fundamental as to cause rejection of the Proposal for not responding to the requirements of the RFP. 5.13.2 Proposed Deviations must be explicitly, fully and separately stated in Proposal Part 1 – Demonstration Program Response to by completing the Form for Technical Compliance (refer to Exhibit XIV) and Form for Proposal Deviation Table (refer to Exhibit XV), setting forth at a minimum the specific reasons for each deviation so that it can be fully considered and, if appropriate, evaluated by MATA. Any technical non-compliance must have an associated proposed change and rationale on the Proposal Deviation Table. MATA will consider adopting deviations for the final RFP (to be issued to all Proposers withing the competitive range); it is MATA’s discretion as to which proposed deviations will be adopted into the final RFP. 5.13.3 Proposed deviations submitted with responses to the final RFP, Part 2 – Technical and Price Proposal may be reviewed by MATA, not already previously submitted with Part 1 will not be accepted. Proposers may submit clarifying information to previously submitted proposed deviations for MATA reconsideration. MATA will review the new information provided to make a final determination for the contract with the successful Proposer. 5.13.4 All Deviations shall be evaluated in accordance with the appropriate evaluation criteria and procedures and may result in the Proposer receiving a less favorable evaluation than without the Deviation. 5.13.5 This procurement will be evaluated in a two-step process. Proposers who are not able to complete the demonstration program as part of the RFP process (Proposal Part 1) will not be allowed to submit technical and price proposals (Proposal Part 2). 5.13.6 Indemnification – Demonstration Program. The Proposer shall indemnify, save, defend, and hold MATA, the City of Memphis, Tennessee, Mid-South Transportation Management, Inc., Shelby County Government and RATP Dev USA Inc., their officers, agents and employees free from all losses, damages, claims, and expenses arising or resulting from the Demonstration MATA RFP 23-13 PAGE 10 regardless of the actions or omissions of the Proposer, its employees, agents or contractors in the course or performance of the Demonstration. 5.13.7 No Joint Venture, Partnership or Other Relationship – Demonstration Program. The Proposer acknowledges and agrees that it shall in no wise be deemed to be in joint venture, partnership, or other relationship with Memphis Area Transit Authority (MATA), the City of Memphis, Tennessee, Mid-South Transportation Management, Inc., Shelby County Government and RATP Dev USA Inc. The Proposer further acknowledges that it is participating in a Demonstration pursuant to a RFP, that it will receive no compensation or reimbursement whatsoever for its participation in the Demonstration. 5.13.8 Risk Of Loss and Damage – Demonstration Program. The Proposer as between the parties retains all risk of loss and damage to its vehicles, electrical and power sources and chargers, equipment, tools, supplies, and other personal property, and for death, injury or harm to it employees, agents, contractors, agents, and other personnel. 5.13.9 Insurance – Demonstration Program. The Proposer must provide and maintain a commercial general liability policy. Memphis Area Transit Authority (MATA), the City of Memphis, Tennessee, Mid-South Transportation Management, Inc., Shelby County Government and RATP Dev USA Inc. shall be named as additional insureds. The policy shall be issued by an insurance company in good standing in the State of Tennessee and provide coverage which includes, but is not limited to, bodily injury, personal injury, death, property damage and medical claims, with minimum limits of $1,000,000 per occurrence, $3,000,000 in the aggregate. The Proposer shall maintain workers’ compensation coverage as required under Tennessee law with Employer’s Liability Limits of $250,000. The Proposer shall deliver to MATA a certificate(s) of insurance no later than 10 calendar days prior to the commencement of the Demonstration. 5.13.10 The enumeration in the Agreement or in this document of the kinds and amounts of liability insurance shall not abridge, diminish or affect the Proposer’s legal responsibilities for the consequences of accidents or damages arising out of or resulting from the Demonstration. 5.14 Proposal Submission Instructions. All submissions of Proposals shall comply with the following instructions. These instructions ensure that (1) submissions contain the information and documents required by this RFP and (2) the submissions have a degree of uniformity to facilitate evaluation. 5.14.1 General. Submission forms and RFP documentation may be obtained on or after May 9, 2023, at no charge from: Memphis Area Transit Authority ATTN: Purchasing Department 1370 Levee Road Memphis, TN 38108 between 8:30 a.m. and 4:30 p.m. (Central Time), Monday through Friday or by calling 865-215- 2070. Forms and RFP information are also available on MATA’s website at https://www.matatransit.com/doing-business/ where it can be read or printed using Adobe Acrobat Reader software. 5.14.2 Submission Information. See Table 2A-1 for submittal requirements for each of the Proposal documents requested in this RFP. https://www.matatransit.com/doing-business/ MATA RFP 23-13 PAGE 11 Table 2A-1: Proposal Document Submittal Requirements Proposal Document Electronic Submittal Hard Copy Submittal Proposal Part 1 – Demonstration Program Response Part 1 review file: “MATA_BEB_Part1_ProposerName.PDF” PDF file must be searchable, not a scan. Part 1 archive file: “MATA_BEB_Part1_ProposerNameSCAN.PDF” Not required. Demonstration Program Report “MATA_BEB_DemoReport_ProposerName.PDF” PDF file must be searchable, not a scan. Additional data requested in Section 2.B must be submitted as separate files. Not required. Proposal Part 2 – Technical and Price Proposals Technical review submittal: “MATA_BEB_Part2-Tech_ProposerName.PDF” PDF file must be searchable, not a scan. Price and forms review submittal: “MATA_BEB_Part2-Price_ProposerName.PDF” PDF file must be searchable, not a scan. Complete Part 2 archive file: “MATA_BEB_Part2_ProposerNameSCAN.PDF” Not required. Best-and-Final- Offer – BAFO Technical review submittal: “MATA_BEB_BAFO-Tech_ProposerName.PDF” PDF file must be searchable, not a scan. Price and forms review submittal: “MATA_BEB_BAFO-Price_ProposerName.PDF” PDF file must be searchable, not a scan. Complete Part 2 archive file: “MATA_BEB_BAFO_ProposerNameSCAN.PDF” Not required. IMPORTANT NOTE: All Proposals must be signed by an officer of the company authorized to bind the firm to a contract. Part 1 Proposals will be received until 11:00:00 a.m. (Central Time) on July 17, 2023. Each Proposal must be submitted via email with the proposal number in the subject line to the following recipient: Memphis Area Transit Authority ATTN: Frances Boyland, Senior Contract Administrator bidinfo@matatransit.com IMPORTANT NOTE: Proposers are reminded that the Purchasing Department receives many bids and Proposals for any number of solicitations; unlabeled submissions are extremely difficult to match to their appropriate solicitations and therefore may be rejected. mailto:bidinfo@matatransit.com MATA RFP 23-13 PAGE 12 5.14.3 Any Proposals received after the time and date on the cover sheet will not be considered. It shall be the sole responsibility of the submitting entity to have the Proposal delivered to MATA’s Purchasing Department. 5.14.4 Late Proposals will not be considered. 5.14.5 Proposals must concisely set forth full, accurate, and complete information required by this RFP, including any attachments. 5.14.6 Proposals shall be valid for a minimum period of 90 calendar days subsequent to the proposal opening date. Proposals offering less than 90 calendar days for acceptance from the proposal opening date may be considered non-responsive. 5.14.7 Part 1 – Demonstration Program Response (Due July 17, 2023). A confirmation of participation in the demonstration program and associated technical response shall provide the following information as a minimum: A. Confirmation of the Proposer’s intent to participate in the Demonstration Program stage of this procurement, signed by an officer of the Proposer’s firm. Proposers will confirm acknowledgement of Sections 2A.13 and 2B in order to participate in the Demonstration Program. B. Technical information for the Proposer’s intended bus for MATA’s service (refer to Section 6, Technical Specifications); limited to two pages. The intent of this submittal is to provide a general overview of the Proposer’s bus, technology, and performance characteristics and to inform discussion during the Demonstration Program presentations (Refer to Section 2.B, Demonstration Program). If proposers offer a turnkey solution for installation of charging infrastructure, please provide information about the solution. C. Data sheets and technical information for the Proposer’s intended bus for the Demonstration Program. MATA understands that the Proposer’s Demonstration Program bus may have differences in arrangement and performance than the requirements of this RFP (refer to Section 6, Technical Specifications). Accordingly, Proposers will delineate differences within subsystems, arrangement, dimensions, weight, or other differentiators. D. Calculation or simulation results predicting performance, beginning and ending State of Charge, kWh/mile, and captured regenerative energy for each of the Demonstration Program scenarios (including loaded weight, stops, and auxiliary systems’ consumption) described in Section 2.B, Demonstration Program. These calculations will be compared to the “real-world” performance on MATA’s alignment for each scenario. Proposers will also provide a calculation of recharge times at the end of each scenario (assuming a 200-kW charger). Refer to the attached Appendix A for the intended route map(s). E. Maintainability Demonstration agenda (refer to Section 2.B, Demonstration Program). F. Safety Features Demonstration agenda (refer to Section 2.B, Demonstration Program). G. Demonstration Program Report Outline. This outline will be populated with the results of the Demonstration Program, describing the route performance, charging performance, all captured data, and comparison of calculated performance (see above) to “real world” results from MATA’s service scenarios. Proposers will attach any presentation materials provided during Demonstration Program meetings and workshops. Report is due two weeks from the last day of the Proposer’s Demonstration Program participation. H. Required Forms and Certifications MATA RFP 23-13 PAGE 13 1. Addenda Acknowledgement Form 2. Explanation of “No Response” (Exhibit XII) 3. Form for Technical Compliance (Exhibit XIV) 4. Form for Proposed Deviations (Exhibit XV). Proposers are expected to discuss their suggested list during the Demonstration Program MATA Stakeholder Workshop (refer to Section 2.B, Demonstration Program). 5. Proposer’s Recommended Spare Parts List (Exhibit XVI). PRICING INFORMATION NOT TO BE SUBMITTED. 5.14.8 Part 2 -Technical and Price Proposal (Due September 28, 2023) A technical proposal shall provide the following information as a minimum: A. A listing of properties in the United States to which proposers completed delivery of similar type of equipment. Such a listing shall cover a period of no less than the most recent 24 months of production. As a minimum the listing shall indicate the number of units in the delivery, the date of the contract, the date of delivery, the date of acceptance, description of ancillary equipment provided (i.e., wheelchair ramps), and client reference to include contact person, position title, telephone number, fax number and email address. B. A complete description of the proposed vehicle in sufficient detail to permit MATA to determine conformance with the specifications, including drawings and technical specifications for the vehicle body and all major components; limited to 20 pages. C. The recommended preventive maintenance schedules for the proposed vehicles; including parts, kits, and consumable materials narrative description (not detailed list) for each scheduled activity. D. A proposed interior seating layout showing all seating positions, dimensions, locations, including a summary indicating the number of seating positions (including the driver position) 1) when only ambulatory passengers are transported; 2) when one wheelchair position is in use; and 3) when two wheelchair positions are in use. E. A report indicating financial stability and capability to obtain resources to fully perform the contract. F. A description of the manufacturing facilities to be used to manufacture the vehicles, including location, square footage, and special tooling available to construct the vehicles in a timely manner. G. A description of support facilities for the proposed vehicles and all major components, including parts support and technical assistance. H. Required Forms and Certifications 1. Addenda Acknowledgement Form 2. Affidavit of Non-Collusion (Exhibit I) 3. Buy America Certification (Exhibit II) 4. Certification of Primary Participation Regarding Debarment, Suspension, and Other Responsibility Matters and Certification of Lower-Tier Participants (Subcontractors), Debarment, Suspension, Ineligibility and Voluntary Exclusion (Exhibit III) 5. Certification of Restrictions on Lobbying (Exhibit IV) MATA RFP 23-13 PAGE 14 6. Certification of Utilization of Disadvantaged Business Enterprises (Exhibit V) 7. Letter of Intent to Perform as a DBE Contractor/Subcontractor (Exhibit VI) 8. Schedule of DBE Participation (Exhibit VII) 9. Performance Bond Form (Exhibit VIII) 10. Certificate of Compliance with Bus Testing Requirement (Exhibit IX) 11. Transit Vehicle Manufacturers (TVM) Certification (Exhibit X) 12. Federal Motor Vehicle Safety Standards (FMVSS) Certification (Exhibit XI) 13. Explanation of “No Response” (Exhibit XII) 14. Price Proposal Form (Exhibit XIII) 15. Form for Technical Compliance (Exhibit XIV) 16. Form for Proposed Deviations (Exhibit XV) I. Proposed delivery schedule. 5.14.9 Price Proposal Requirements A. Refer to Exhibit XIII for the price proposal form. B. The price proposal shall include all cost elements for providing the proposed vehicles. 5.14.10 Qualifications A. A copy of the three most recent financial statements audited by an independent third party or a statement from the Proposer regarding how financial information may be reviewed by MATA. B. Letter for insurance, indicating the Proposer’s ability to obtain the insurance coverage in accordance with the RFP requirements. C. Letter from a surety for a Performance Guarantee indicating the Proposer’s ability to obtain financial guarantees in accordance with the RFP requirements. NOTE: All above-mentioned required forms are provided in these solicitation documents. 5.14.11 Proprietary/Confidential Information. 5.14.11.1 Proposers may submit, at their own risk, any information deemed to be proprietary or confidential in nature if, in the Proposer’s opinion, it may increase their chance of entering into the competitive range. (See “Proposal Evaluation, Negotiation and Selection” below.) Proposers are advised, however, that the Memphis Area Transit Authority (MATA) is a public entity and as such is subject to state open records provisions. Subject package shall be submitted in accordance with the terms and conditions governing the submittal of the Proposer’s Proposal to this RFP. 5.15 Treatment of Proprietary/Confidential Information. Access to government records is governed by the Tennessee Code Annotated open records law. Proposers shall be aware that MATA must abide by the State of Tennessee open records law, and upon receipt of an open records request, must disclose the requested information which may contain confidential information. Proposers submit confidential information at their own risk and shall indemnify and hold harmless MATA from any damages incurred from disclosure of confidential information in accordance with an open records request. MATA RFP 23-13 PAGE 15 5.16 Modification or Withdrawal of Proposals 5.16.1 A modification of a Proposal already received will be accepted by MATA only if the modification is received prior to the Proposal Due Date or is made with a requested BAFO. All modifications shall be made in writing and executed and submitted in the same form and manner as the original Proposal. 5.16.2 Each and every Proposer who submits his Proposal specifically waives any right to withdraw it except as hereinafter provided. Proposers will be given permission to withdraw any Proposal after it has been deposited with MATA, provided any Proposer makes its request by telephone, telegraph, or in writing, 24 hours before the time Proposals are due. Requests pertaining to withdrawals by telephone or telegraph must be confirmed in writing by the Proposer and must reach the Office of the Chief Executive Officer of MATA not later than one hour prior to the time fixed for submission of Proposals. 5.16.3 No Proposer may withdraw his Proposal within 90 calendar days after the date Proposals are due. 5.17 Proposal Rejection. MATA reserves the right to waive any minor Proposal informalities or irregularities received which do not go to the heart of the Proposal or prejudice other Proposers, or to reject, for good and compelling reasons, any and all Proposals submitted. Conditional Proposals, or those which take exception to the specifications, may be considered non-responsive and may be rejected. 5.18 Tax Exemption. MATA is exempt from payment of all Federal, State, and local taxes in connection with the project. Said taxes must not be included in Proposal prices. MATA will provide necessary tax exemption certificate to manufacturer, if requested. 5.19 Proposal Evaluation, Negotiation and Selection. MATA shall employ a competitive negotiation procurement process in making a contract award. The award of this contract will be made to the Proposer whose proposal, in the opinion of MATA, best meets the established criteria and is most advantageous to MATA with price and other factors considered. Price evaluation shall not begin until the technical evaluation is completed. An evaluation team consisting of MATA staff members shall evaluate proposals. 5.19.1 Proposal Part 1 – Demonstration Program Response. Part 1 Proposals will be evaluated for technical response and per the submittal requirements of the evaluation program only. Based on the Part 1 Proposal information provided and results of the Demonstration Program, proposers will be scored and ranked to determine a Technical Competitive Range. Proposers determined to be in the Competitive Range will be given an updated RFP for their response, Proposal Part 2 – Technical and Price Proposal. 5.19.2 Proposal Part 2 – Technical and Price Proposal. Part 2 Proposals will be evaluated, negotiated, selected and any award made in accordance with the criteria and procedures described herein. The approach and procedures are those applicable to a competitive negotiated procurement whereby Proposals are evaluated to determine which Proposals remain within the Competitive Range. Interviews, discussions, and negotiations may then be carried out with Proposers within the Competitive Range after which the MATA Evaluation Committee will recommend the highest ranked Proposer. A BAFO may be requested of the highest ranked Proposer; or, the Evaluation Committee may recommend solicitation of BAFOs from multiple (or, all) Proposers within the Competitive Range. MATA may select a Proposal for award, however, without any discussions, negotiations, or requests for any BAFOs. MATA may select to conduct negotiations with more MATA RFP 23-13 PAGE 16 than one Proposer. Subject to MATA’s right to reject any or all Proposals, the Proposer whose Proposal is found to be most advantageous to MATA be selected, based upon consideration of the criteria of “Proposal Selection Process,” below. 5.19.3 Confidentiality of Proposals. All Proposals and evaluations will be kept strictly confidential throughout the evaluation, negotiation and selection process. Only the members of the Evaluation Committee and other MATA, employees, and agents having a legitimate interest will be provided access to the Proposals and evaluation results during this period. 5.20 Evaluation Committee 5.20.1 The MATA Contract Administrator will establish an Evaluation Committee which will include officers, employees, and agents of MATA. The Evaluation Committee will carry out the detailed evaluations, including establishing the Competitive Range, carrying out negotiations and making recommendations of the Proposer, if any, that may be awarded the contract. The evaluation team will provide a tabulation of the technical merits of the proposal with the lowest points designating the worst and the highest points designating the best relative to the criteria. 5.20.2 The evaluation team may recommend that the contract award be made without negotiations provided that the acceptance of the most advantageous initial proposal will result in a fair and reasonable price. The evaluation team may recommend that a contract be awarded subsequent to negotiations. If negotiations are used at all, the Contracting Officer will negotiate with all the proposers that are in the competitive range and have a reasonable chance of being selected. 5.20.3 Award of the contract must be approved by Avery Mull, Director of Maintenance and signed by Gary Rosenfeld, Chief Executive Officer. 5.21 Review of Proposal for Responsiveness and Proposers for Responsibility 5.21.1 Each Proposal will be reviewed to determine if the Proposal is responsive to the submission requirements outlined in this RFP and if the Proposer is responsible. 5.21.2 A responsive Proposal is one that follows the requirements of this RFP, includes all documentation, is submitted in the format outlined in this RFP, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed nonresponsive. 5.21.3 A responsible Proposer is one that demonstrates the capability to satisfy the commercial and technical requirements set forth in the RFP. A Proposer’s failure to demonstrate that it is responsible may result in the Proposal being rejected. 5.21.4 Any Proposal found to be nonresponsive, or Proposer found to be non-responsible will not be considered further for award. Proposals that do not comply with the RFP instructions and requirements or do not include the required information may be rejected as insufficient and may not be further considered. MATA reserves the right to request that a Proposer provide additional information and/or to clarify information. MATA’s determination regarding the responsiveness of a Proposal and the responsibility of a Proposer shall be final. 5.22 Proposal Selection Process MATA RFP 23-13 PAGE 17 5.22.1 The following describes the process by which Proposals will be evaluated and a selection made for a potential award. Any such selection of a Proposal shall be made by consideration of only the criteria set forth below. 5.22.1.1 “Qualification Requirements” specifies the requirements for determining responsible Proposers, all of which must be met by a Proposer for it to be found qualified. Final determination of a Proposer’s qualification will be made based upon all information received during the evaluation process and as a condition for award. 5.22.1.2 “Proposal Evaluation Criteria” contains the evaluation criteria, and their relative order of importance, by which a Proposal from a qualified Proposer will be considered for selection. An award, if made, will be to a responsible Proposer for a Proposal that is found to be in MATA’s best interests, based on Demonstration Program performance, technical suitability to MATA’s requirements, price, and other evaluation criteria considered. The procedures to be followed for these evaluations are provided in “Evaluation Procedures,” below. 5.23 Qualification Requirements. The following are the requirements for qualifying responsible Proposers. All of these requirements should be met; therefore, they are not listed in any particular order of importance. Any Proposal that the evaluation committee finds does not meet these requirements, and cannot be made to meet these requirements, may be determined by the evaluation committee not to be responsible and the Proposal rejected. The requirements are as follows: 5.23.1 Sufficient financial strength, resources and capability to finance the work to be performed and to complete the contract in a satisfactory manner, as measured by the following. • Proposer’s financial statements prepared in accordance with generally accepted accounting principles of the jurisdiction in which the Proposer is located and audited by an independent CPA. • Proposer’s ability to secure financial guarantees, if required, as evidenced by a letter of commitment from an underwriter, surety or other guarantor confirming the Proposer can provide the required guarantee. • Proposer’s ability to obtain required insurance with coverage values that meet minimum requirements set forth in the RFP, evidenced by a letter from an underwriter confirming the Proposer can be insured for the required amount. 5.23.2 Evidence that the human and physical resources are sufficient to perform the contract as specified and to ensure delivery of all equipment within the time specified in the contract, to include the following. • Engineering, management, quality, and service organizations with sufficient personnel and requisite disciplines, licenses, skills, experience and equipment to complete the contract as required and to satisfy any engineering or service problems that may arise during the warranty period. • Adequate manufacturing facilities sufficient to produce and factory-test equipment on schedule. • A spare parts procurement and distribution system sufficient to support equipment maintenance without delays and a service organization with skills, experience and equipment sufficient to perform all warranty and on-site work. MATA RFP 23-13 PAGE 18 5.23.3 Evidence that the Proposer is qualified in accordance with the provisions of Section 8, Quality Assurance. 5.23.4 Evidence of satisfactory performance and integrity on contracts in making deliveries on time, meeting specifications and warranty provisions, parts availability and steps Proposer took to resolve any judgments, liens, fleet defects history or warranty claims. Evidence shall be by client references. 5.24 Proposal Evaluation Criteria 5.24.1 Proposal Part 1 - Demonstration Program Response The following are the complete criteria by which Part 1 Proposals from responsible Proposers will be evaluated and ranked for the purposes of determining any competitive range. Any exceptions, conditions, reservations or understandings explicitly, fully and separately stated on the Form for Proposal Deviation, which do not cause MATA to consider a Proposal to be outside the competitive range, will be evaluated according to the respective evaluation criteria and sub-criteria that they affect. MATA RFP 23-13 PAGE 19 Table 2A-2: Part 1 – Demonstration Program Response Evaluation Criteria CRITERIA DESCRIPTION MAXIMUM POINT VALUE Technical Evaluation Criteria (Up to 100 Points Possible) Demonstration Program Response and Technical Information: • Section 2A.15.1.2-3: Product Design and Performance (up to 10 points) • Section 2A.15.1.8: Alignment with MATA Technical Requirements (up to 10 points) • Section 2A.15.1.4: Simulation Analysis (up to 10 points) 30 Demonstration Program Performance: • MATA Route Operation vs Simulation (up to 30 points) • Completion of simulated routes as noted in Section 2B.3.2 (up to 5 points) • Recording of performance information as noted in Section 2B.3.4 (up to 10 points) • Comparison of performance from Demonstration Program against simulation, reviewed during MATA Stakeholder Workshop as noted in Section 2B.8 (up to 15 points) • Charging Demonstration with recorded data as noted in Section 2B.4 (up to 5 points) • Charging Solution Presentation Section 2B.4 (up to 5 points) 40 Section 2A.15.1.5: Demonstration Program Maintainability and Proposers’ response including thoroughness and completeness of information presented as required in Section 2B.5 (up to 10 points) 10 Section 2A.15.1.6: Safety Features Demonstration and Proposers’ response including thoroughness and completeness of information presented as required in Section 2B.6 (up to 10 points) 10 Section 2A.15.1.7: Demonstration Program Report and Analysis as required in Section 2B.9 10 TOTAL POSSIBLE POINTS 100 5.24.1.1 Evaluation Methodology 5.24.1.1.1 Demonstration Program Response and Data Sheet. The Committee will evaluate each Proposer’s approach and confirmation to participation in the demonstration program and information provided on the data sheets, simulations, and calculations. The Committee will evaluate the explanation of the Proposer’s intended bus for the Demonstration Program and differences (if any to the bus required by the Technical Specifications). The Committee will evaluate the approach taken to model the proposed scenario routes and information provided – to be used for a final comparison. The Committee will evaluate the outlines for meetings and workshops and the Proper’s approach to the meetings and demonstrations. Lack of data and overly generalized calculations will result in lower scoring. 5.24.1.1.2 Demonstration Program Performance. The Committee will evaluate the predicted performance calculations and simulations to the actual “real world” performance results. Refer to Section 2.B, Demonstration Program for metrics evaluated. Lack of data, missing information, and overly generalized results will result in lower scoring. MATA RFP 23-13 PAGE 20 5.24.1.1.3 Demonstration Program Maintainability and Safety Features Demonstration. The Committee will evaluate both the approach and content of each demonstration activity with regard to Proposer responsiveness and proposed solution/feature/technology fit to the Technical Requirements and MATA overall operations and maintenance as well as Proposers’ intent to work with MATA to ensure fit and conformance. 5.24.1.1.4 Demonstration Program Report and Analysis. The Committee will evaluate the thoroughness of the prepared report, presentation materials, and data comparison and results analysis. Refer to Section 2.B, Demonstration Program for data to be recorded during the scenarios and charging demonstrations. Lack of data, missing information, and overly generalized performance analysis will result in lower scoring. 5.24.2 Proposal Part 2 – Technical and Price Proposal 5.24.2.1 The following are the complete criteria by which Proposals from responsible Proposers will be evaluated and ranked for the purposes of determining any competitive range and to make any selection of a Proposal for a potential award. Any exceptions, conditions, reservations or understandings explicitly, fully and separately stated on the Form for Proposal Deviation, which do not cause MATA to consider a Proposal to be outside the competitive range, will be evaluated according to the respective evaluation criteria and sub-criteria that they affect. Table 2A-3: Part 2 – Technical and Price Proposal Evaluation Criteria CRITERIA DESCRIPTION MAXIMUM POINT VALUE Cost Proposal Criteria (Up to 30 Points Possible) Total Pricing of Base and Option Buses 30 Technical Evaluation Criteria (Up to 70 Points Possible) Product Design and Performance 30 Product Support 35 Proposer’s Reputation and Performance 5 TOTAL POSSIBLE POINTS 100 5.24.2.2 Evaluation Methodology 5.24.2.2.1 Total Pricing of Base and Option Buses. The lowest cost Proposal will receive 30 points. Every other Proposal previously found to be in the competitive range will be given points proportionately in relation to the lowest price. This point total will be calculated by dividing the lowest price by the total price of the Proposal being evaluated and the result multiplied by the maximum point value for price (30 points) to arrive at a cost Proposal score. Example: Lowest cost Proposal price / Proposer’s price X 30 = Proposal score. The application of the above formula will result in a uniform assignment of points relative to the criterion of price. 5.24.2.3 Product Design and Performance. The information provided by the Proposer in its technical submittal relating to the buses to be provided will be utilized to evaluate the Proposal in relation to this factor. Vehicle construction and system design, as well as documented reliability may be used in this evaluation as well as other design and performance indicators of the bus and MATA RFP 23-13 PAGE 21 components. At a minimum, test results, safety features, accessibility and maintainability, evidence of how well the vehicles can meet MATA’s route service needs based upon the route operating profile and operating conditions (comparison of simulation results, Demonstration Program results, and additional analyses), how well the proposed bus meets the technical specifications and cost of normal operation (based on $0.07/kWh) for the bus design and system components proposed may be considered in determining a final value for this factor. 5.24.2.4 Product Support. The information provided within Proposers’ technical submission related to technical support/assistance provided throughout the bus service life, monitoring of systems throughout the bus service life, responsiveness of the manufacturer’s repair parts supply system, responsiveness of telephonic, automated and on-site technical assistance, and mid-life maintenance determinations shall be utilized in determining a final value for this factor. 5.24.2.5 Proposer’s Reputation and Performance. The Committee will consider the capability and reputation of the Proposer for supporting their product as presented in the Proposal and as determined by review of information available from references or other resources. The evaluation committee may look at the Proposer’s overall organizational and financial capabilities and consider key components such as organizational reporting structure, quality control, quality assurance, research and development, technical and parts support to clients, warranty, training, product capabilities, bonding capacity, financial history, as well as other considerations in reaching a final point determination. The committee may also look at judgments, liens, Fleet Defect history, warranty claims and the steps that the manufacturer took to resolve these concerns in assessing the overall reputation of the manufacturer. 5.24.3 Evaluation Procedures 5.24.3.1 Proposals will be analyzed for conformance with the instructions and requirements of the RFP and Contract documents. Proposals that do not comply with these instructions and do not include the required information may be rejected as insufficient or not be considered for the competitive range. MATA reserves the right to request that a Proposer provide any missing information and make corrections. Proposers are advised that the detailed evaluation forms and procedures will follow the same Proposal format and organization specified in “Preparation of Proposals.” Therefore, Proposers should pay close attention to and strictly follow all instructions. Submittal of a Proposal will signify that the Proposer has accepted the whole of the contract documents, except such conditions, exceptions, reservations or understandings explicitly, fully and separately stated on the forms and according to the instructions of the Form for Proposal Deviation. Any such conditions, exceptions, reservations or understandings that do not result in the rejection of the Proposal are subject to evaluation under the criteria set forth in “Proposal Selection Process.” 5.24.3.2 Evaluations will be made in strict accordance with all the evaluation criteria specified in “Proposal Selection Process,” above. MATA will choose the Proposal that it finds to be most advantageous to the Memphis Area Transit Authority e, based upon the evaluation criteria. 5.24.4 Evaluation of Competitive Proposals 5.24.4.1 Qualification of Responsible Proposers. Proposals will be evaluated to determine the responsibility of Proposers. A final determination of a Proposer’s responsibility will be made upon the basis of initial information submitted in the Proposal, any information submitted upon request by the City, information submitted in a BAFO, and information resulting from the MATA’s inquiry of Proposer’s references and its own knowledge of the Proposer. MATA RFP 23-13 PAGE 22 5.24.4.2 Discussions with Proposers in the Competitive Range 5.24.4.2.1 The Proposers whose Proposals are found by MATA to be within the competitive range may be invited for an interview if the evaluation committee deems it necessary. 5.24.4.2.2 In the event that a Proposal that has been included in the competitive range contains conditions, exceptions, reservations or understandings to any contract requirements as provided in the Form for Proposal Deviation, said conditions, exceptions, reservations or understandings may be negotiated during these meetings. However, MATA shall have the right to reject any and all such conditions and exceptions and instruct the Proposer to amend its Proposal and remove said conditions and exceptions; and any Proposer failing to do so may cause the MATA to find such Proposal to be outside the competitive range. 5.24.4.2.3 Factory, Site Visits and Demonstrations. MATA reserves the right to conduct factory visits of the Proposer’s facilities and/or the facilities of major sub-suppliers included in the Proposal. 5.24.4.2.4 Best and Final Offers (BAFO). After all interviews and demonstrations (if required) have been completed, the Proposers in the competitive range may be afforded the opportunity to amend their Proposals and make their BAFOs. Any modification to the initial Proposal made by a Proposer in its BAFO shall be identified in its BAFO. BAFOs will be evaluated by MATA according to the same requirements and criteria as the initial Proposals (“Proposal Selection Process”). MATA will then choose the Proposal that it finds to be most advantageous to MATA, based upon the evaluation criteria. The results of the evaluations and the selection of a Proposal for any award will be documented. MATA reserves the right to make an award to a Proposer whose Proposal it judges to be most advantageous to MATA based upon the evaluation criteria, without conducting any written or oral discussions with any Proposers or solicitation of any BAFOs. 5.25 Response to Proposals 5.25.1 Single Proposal Response. If only one Proposal is received in response to this RFP and it is found by MATA to be acceptable, then a price or cost analysis, or both, possibly including an audit, may be performed by or for the MATA. The Proposer has agreed to such analysis by submitting a Proposal in response to this RFP. 5.25.2 Availability of Funds. This procurement is subject to the availability of funding. 5.25.3 Protest Procedures 5.25.3.1 Protests may be made by prospective Proposers whose direct economic interest would be affected by the award of a Contract, or by failure to award a Contract. MATA will consider all protests requested in a timely manner regarding the award of a Contract, whether submitted before or after an award. All protests are to be submitted in writing to the Contracting Officer, Memphis Area Transit Authority, 1370 Levee Road, Memphis, TN 38108. Protest submissions should be concise, logically arranged, and clearly state the grounds for the protest. Protests must include at least the following information: 5.25.3.1.1 Name, address and telephone number of protester. 5.25.3.1.2 Identification of the solicitation or Contract Number. MATA RFP 23-13 PAGE 23 5.25.3.1.3 A detailed statement of the legal and factual grounds of protest, including copies of relevant documents. 5.25.3.1.4 A statement as to what relief is requested. 5.25.3.1.5 Protests must be submitted to MATA in accordance with these procedures and time requirements. Protests must be complete and contain all issues that the protestor believes relevant. 5.25.3.2 Proposal protests alleging restrictive specifications or improprieties which are apparent prior to Proposal closing time or receipt of Proposals must be submitted in writing to the Contracting Officer and must be received seven days prior to Proposal closing time or receipt of Proposals. If the written protest is not received by the time specified, Proposals may be received, and award may be made in the normal manner unless the Contracting Officer determines that remedial action is required. Oral protests not followed up by a written protest will be disregarded. The Contracting Officer may request additional information from the appealing party and information or a response from other Proposers, which shall likewise be submitted in writing to the Contracting Officer not later than 10 days from the date of MATA’s request. So far as practicable, appeals will be decided upon the basis of the written appeal, information, and written response submitted by the appealing party and other Proposers; all parties are urged to make written submissions as complete as possible. Failure of any party to timely respond to a request for information may be deemed by MATA that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response; and, in such event, the protest will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent investigation deemed appropriate by MATA, the Contracting Officer shall either (a) render a decision, or (b) at the sole election of the Contracting Officer, conduct an informal hearing at which the interested participating parties will be afforded an opportunity to present their respective positions and facts, documents, justification, and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, the Contracting Officer shall render a decision, which shall be final and advise all interested parties thereof in writing but no later than 10 days from the date of the informal hearing. 5.25.3.3 Proposal protest against the making of an award by the MATA Board must be submitted in writing to the Contracting Officer and received by the Contracting Officer within seven days of the award by the MATA Board. The process for resolving protests listed above in Section 2A.26.3.2 will be followed for any protest received under this section. Notice of the protest and the basis therefore will be given to all prospective Proposers. In addition, when a protest against the making of an award by the MATA Board is received and it is determined to withhold the award pending disposition of the protest, the Proposers whose Proposals might become eligible for award shall be requested before expiration of the time for acceptance, to extend or withdraw the Proposal. Where a written protest against the making of an award is received in the time specified, award will not be made prior to seven days after resolution of the protest unless MATA determines that: 5.25.3.3.1 The item(s) to be procured or service to be performed is urgently required. 5.25.3.3.2 Delivery or performance will be unduly delayed by failure to make award promptly; or, 5.25.3.3.3 Failure to make an award will otherwise cause undue harm to MATA or the Federal Government. MATA RFP 23-13 PAGE 24 5.25.3.4 Protests made after contract award shall be received no later than seven calendar days afterwards. Protests received after award will be reviewed by the Contracting Officer and MATA’s General Counsel. In instances where the award has been made, the Contractor shall be furnished with notice of the protest and the basis, therefore. If the Contractor has not executed the Contract as of the date the protest is received by MATA, the execution of the Contract will not be made prior to seven days after resolution of the protest unless MATA determines that: 5.25.3.4.1 The item(s) to be procured or service to be performed is urgently required. 5.25.3.4.2 Delivery or performance will be unduly delayed by failure to make award promptly; or, 5.25.3.4.3 Failure to make an award will otherwise cause undue harm to MATA or the Federal Government. 5.25.3.4.4 The process for resolving protests listed above in Section 2A.26.3.2 will be followed for any protest received under this section. 5.25.3.5 Appeals and requests for reconsideration of the determination of the Contracting Officer of protests under Sections 2A.26.3.2, 2A.26.3.3, and 2A.26.3.4 must be submitted to the Chief Executive Officer and received within seven days after the date of the written determination by the Contracting Officer. The Chief Executive Officer may request additional information from the appealing party and information or a response from other Proposers, which shall likewise be submitted in writing to the Chief Executive Officer not later than 10 days from the date of MATA’s request. So far as practicable, appeals will be decided upon the basis of the written appeal, information, and written response submitted by the appealing party and other Proposers; all parties are urged to make written submissions as complete as possible. Failure of any party to timely respond to a request for information may be deemed by MATA that such party does not desire to participate in the proceeding, does not contest the matter, or does not desire to submit a response; and, in such event, the appeal will proceed and will not be delayed due to the lack of a response. Upon receipt and review of written submissions and any independent investigation deemed appropriate by MATA, the Chief Executive Officer shall either (a) render a decision, or (b) at the sole election of the Chief Executive Officer, conduct an informal hearing at which the interested participating parties will e afforded an opportunity to present their respective positions and facts, documents, justification, and technical information in support thereof. Parties may, but are not required to, be represented by counsel at the informal hearing, which will not be subject to formal rules of evidence or procedures. Following the informal hearing, the Chief Executive Officer shall render a decision, which shall be final and advise all interested parties thereof in writing but no later than 10 days from the date of the informal hearing. 5.25.3.6 Under certain limited circumstances, an interested party may protest to the Federal Transit Administration (FTA) the award of a Contract pursuant to an FTA grant. FTA’s review of any protest will be limited to: 5.25.3.6.1 Alleged failure of MATA to have written protest procedures or alleged failure to follow such procedures. 5.25.3.6.2 Alleged violations of a specific Federal requirement that provides an applicable compliant procedure which shall be submitted and processed in accordance with that Federal regulation. 5.25.3.7 Protestors shall file a protest with FTA not later than five working days after a final decision of MATA’s Chief Executive Officer is rendered under the MATA protest procedure. In instances MATA RFP 23-13 PAGE 25 where the protestor alleges that MATA failed to make a final determination on the protest, the protestor shall file a complaint with FTA not later than five Federal working days after the protestor knew or should have known of MATA’s failure to render a final determination on the protest. 5.25.3.8 Submission of Protest to FTA. 5.25.3.8.1 Protests shall be filed with the appropriate FTA Regional Office with a Concurrent copy to MATA. 5.25.3.8.2 The protest filed with FTA shall: A. Include the name and address of the protestor. B. Identify MATA project number and the number of the Contract Solicitation. C. Contain a statement of the grounds for the protest and any supporting documentation. This should detail the alleged failure to follow protest procedures or the alleged failure to have procedures and be fully supported to the extent possible. D. Include a copy of the local protest filed with MATA and a copy of the MATA decision, if any. 5.25.4 Bonding Requirements 5.25.4.1 Bid Bond. As security for the acceptance of the contract, the Proposer's Price Proposal shall be accompanied by a bid bond (bonding company must be acceptable to MATA) or certified or cashier's check in the amount of 5% of the total price proposed drawn payable to MATA. Such bid deposits of all Proposers will be held by MATA until all proposals submitted have been evaluated, and the proposals have been rejected in whole, or in part, or the award of the contract has been made. The bid deposit of the successful Proposer will be held until the contract is duly executed. Bid deposits will be returned to the unsuccessful Proposers upon the signing of the contract with the successful Proposer. If the successful Proposer to whom the contract shall have been awarded fails or refuses to execute the contract within 14 days after the award of the contract, the amount of the bid deposit shall be forfeited to and retained by MATA as liquidated damages for such neglect or refusal, and MATA may proceed to award the contract with the next lowest and best Proposer. 5.25.4.2 Performance Bond. The successful proposer shall furnish a performance bond in an amount equal to 25% of the contract sum as security for the faithful performance of this contract. Form of instruments shall be standard City of Memphis form, a copy of which is attached. (See Exhibit VIII) Bonds shall be furnished through an agent legally authorized to do business in the State of Tennessee and delivered to the Authority no later than the date of execution of the contract. The Bond will be released upon delivery and acceptance of the last bus and all spare parts in the base order. The option order will have a separate bond. 5.25.5 Memphis Area Transit Authority Rights 5.25.5.1 MATA reserves the right to postpone the proposal opening date for its own convenience and to cancel the procurement in whole or in part, at its sole discretion, at any time before the contract is fully executed and approved on behalf of MATA. MATA RFP 23-13 PAGE 26 5.25.5.2 MATA reserves the right to reject any or all Proposals, to undertake discussions with one or more Proposers, and to accept that Proposal or modified Proposal which, in MATA’s judgment, will be most advantageous to MATA considering price and other evaluation criteria. MATA reserves the right to determine any specific Proposal that is conditional or not prepared in accordance with the instructions and requirements of this RFP to be non-responsive. MATA reserves the right to waive any defects, or minor informalities or irregularities in any Proposal that do not materially affect the Proposal or prejudice other Proposers. 5.25.5.3 If there is any evidence indicating that two or more Proposers are in collusion to restrict competition or are otherwise engaged in anti-competitive practices, the Proposals of all such Proposers shall be rejected, and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by MATA. 5.25.5.4 The Agency may reject a Proposal that includes unacceptable deviations as provided in the Form for Proposal Deviation. 5.25.6 Disadvantaged Business Enterprise (DBE). 5.25.6.1 General DBE Information. 5.25.6.1.1 MATA, a recipient of Federal financial assistance from the Federal Transit Administration, is committed to and has adopted a Disadvantaged Business Enterprise Policy in accordance with Federal Regulations (49 C.F.R. Part 26, as amended) issued by the U.S. Department of Transportation. It is the policy of MATA to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to its activities. 5.25.6.1.2 To this end, MATA has developed procedures to remove barriers to DBE participation in the bidding and award process and to assist DBE firms to develop and compete successfully outside of the DBE program. In connection with the performance of this contract, the Prime Contractor will cooperate with MATA in meeting these commitments and objectives. 5.25.6.1.3 Accordingly, the Prime Contractor and any subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Prime Contractors and subcontractors shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the Prime Contractor and any subcontractors to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as MATA deems appropriate. 5.25.6.2 DBE Goal. 5.25.6.2.1 Annual Overall Goal for DBE Participation. An annual overall goal for DBE participation in Owner U.S. DOT-assisted contracts is established by MATA’s DBE Officer and approved by MATA’s Board of Commissioners on a fiscal year basis. These goals reflect the availability of ready, willing and able DBEs that would be expected to participate in Owner contracts absent effects of discrimination. The goals are calculated as a percentage of the total amount of U.S. DOT funds that the Owner expects to expend on contracting opportunities during the fiscal year. 5.25.6.2.2 DBE Goal Applicable to This Contract. MATA has established a specific DBE goal of 0_ percent for this contract. However, DBE participation is encouraged either the capacity of the MATA RFP 23-13 PAGE 27 prime contractor or subcontractor. Bidders are required to document their activities in the solicitation and selection of subcontractors to ensure that this process is carried out in a nondiscriminatory manner. 5.25.6.3 DBE Eligibility and Participation. 5.25.6.3.1 Evaluation of DBE Certification Status. MATA shall require that any DBEs listed by bidders for participation in the contract be certified as eligible DBEs at the time of bid submittal. The DBE Officer shall review the Bidder’s DBE Participation Form to confirm each DBE firm’s certification status. 5.25.6.3.2 Determination of Amount of DBE Participation. Only the work actually performed by a DBE with its own forces will be counted as DBE participation. A DBE may participate as a prime contractor, subcontractor, joint venture partner, or vendor or supplier of materials or services required by the contract. A DBE’s participation can only be counted if it performs a commercially useful function on the contract. A DBE performs a commercially useful function when it actually performs, manages and supervises a portion of the work involved. There is a rebuttable presumption that if the DBE is not responsible for at least 30% of the work with its own forces or subcontracts a greater portion of the work than the normal industry standard, it is not performing a commercially useful function. A DBE trucking company performs a commercially useful function if it is responsible for the overall management and supervision of the transportation services involved and uses at least one truck that it owns, insures and operates with its own employees on the Contract. 5.25.6.3.3 The Contractor shall count DBE participation according to the following guidelines and in accordance with 49 CFR §26.55: E. DBE Prime Contractor – Count the entire dollar amount of the work performed or services provided by the DBE’s own forces, including the cost of materials and supplies obtained for the work and the reasonable fees and commissions charged for the services. Do not count any work subcontracted to another firm as DBE participation by the DBE Prime Contractor. F. DBE Subcontractor – Count the entire amount of the work performed or services provided by the DBE’s own forces, including the cost of materials and supplies obtained for the work, except for materials and supplies purchased or leased from the Prime Contractor, and reasonable fees and commissions charged for the services. Do not count any work subcontracted by the DBE Subcontractor to another firm as DBE Participation by said DBE subcontractor. If the work has been subcontracted to another DBE, it will be counted as DBE participation for that other DBE. G. DBE Joint Venture Partner – Count the portion of the work that is performed solely by the DBE’s forces or, if the work is not clearly delineated between the DBE and the joint venture partner, count the portion of the work equal to the DBE’s percentage ownership interest in the joint venture. H. DBE Manufacturer – Count 100% of the costs of materials and supplies obtained from a DBE manufacturer that operates or maintains a factory that produces the materials and supplies on the premises. This applies whether the DBE is a prime contractor or subcontractor. I. DBE Regular Dealer – Count 60% of the costs of materials and supplies obtained from a DBE regular dealer that owns, operates or maintains a store or warehouse in which the MATA RFP 23-13 PAGE 28 materials and supplies are regularly bought, kept in stock and sold or leased to the public in the usual course of business, except regular dealers of bulk items such as petroleum, cement and gravel who own and operate distribution equipment in lieu of maintaining a place of business. This applies whether a DBE is a prime contractor or subcontractor. J. Other DBEs – Count the entire amount of fees or commissions charged for assistance in procuring or delivering materials and supplies when purchased from a DBE that is not a manufacturer or regular dealer. Do not count the cost of materials and supplies. K. DBE Trucking Company – Count the entire amount of the transportation services provided by a DBE trucking company that performs the work using trucks it owns, insures and operates with its own employees on the contract. 1. Count the entire amount of the transportation service provided by a DBE trucking company that performs the work using trucks it leases from another DBE, including an owner-operator, provided that it is responsible for the overall management and supervision of the service and that it uses at least one truck that it owns, insures and operates with its own employees on the contract. 2. Count the entire amount of fees and commissions charged for providing the management and supervision of transportation services using trucks it leases from a non-DBE trucking company, including owner-operator, provided that it is responsible for the overall management and supervision of the service and that it uses at least one truck that it owns, insures and operates with its own employees on the contract. 5.25.6.4 All bidders/proposers are required to submit the Letter of Intent to Perform as a DBE Contractor/Subcontractor (See Exhibit VI). Additionally, the selected Contractor, prior to contract award, must complete and submit the Commitment to Utilize DBE Certification form (See Exhibit V) and subcontractors certified as DBEs through the TDOT Unified Certification Program who are participating in the project must submit the DBE Subcontractor Participation Certification form (See Exhibit VII). 5.25.7 Proposal Acceptance. Each Proposal will be submitted with the understanding that the acceptance, in writing by MATA of the offer to furnish any or all of the items described herein, shall constitute a Contract between the Proposer and MATA, which shall bind the Proposer on his part to furnish and deliver at his Proposal price and in accordance with said accepted Proposal and specifications. 5.25.8 Execution of Contract. The acceptance of a Proposal for award, if made, shall be evidenced in writing by a notice of intent to award contract delivered to the Proposer whose Proposal is accepted. Upon notice of intent to award contract to a Proposer, the Proposer shall commence furnishing any required documents and commence furnishing copies of the certificates of insurance and endorsements. MATA RFP 23-13 PAGE 29 SECTION 2B DEMONSTRATION PROGRAM MATA RFP 23-13 PAGE 30 SECTION 2B DEMONSTRATION PROGRAM 2B.1 Introduction 2B.1.1 MATA requires each interested Proposer to participate in a demonstration program, at the Proposer’s expense, within the MATA operating area. MATA will evaluate each Proposer’s performance, exhibition, and general conformance to the requirements of the demonstration program, as described herein. The purpose of the demonstration program is to provide MATA comparison of Proposers’ stated performance, efficiencies, and range within selected MATA route profiles and to provide MATA a way to evaluate each Proposer’s BEB features and maintainability. The demonstration program will consist of simulated route operations, charging performance, maintainability demonstrations, technology review, data export and reporting, and an in-person workshop meeting to document results with respect to the Technical Specification requirements. 2B.1.2 Proposers will provide one demonstration bus, necessary personnel (operator, maintenance technician, and other technical staff), portable generator and fuel. MATA will provide storage for the bus and Proposer’s equipment at MATA’s Levee Road facility. Each Proposer is responsible to provide a generator and portable charger sized to replenish the batteries to a full State of Charge for each of the activities outlined herein. MATA will not allow make-up time or schedule deviations for the activities required. Failure to meet the schedule may result in lower scoring for a Proposer. 2B.1.3 MATA will schedule demonstrations so that only one Proposer’s demonstration bus is evaluated at a time. The order of demonstration will be determined via lottery. It is the Proposer’s responsibility to comply with MATA’s scheduling or be deemed non-responsive to this RFP. 2B.1.4 Proposers will designate a single point of contact for coordination of activities during the demonstration period. The Proposers’ single point of contact will interface directly with MATA representatives for activities and meetings during the demonstration period and will be on-call while the bus is on MATA property or operating within the MATA service area. 2B.1.5 Proposers will be evaluated based on Table 2A-2 within Section 2. 2B.2 Demonstration Program Schedule 2B.2.1 MATA will provide each proposer a 5-day span for demonstration activities, as described below. Sequencing of events is subject to change at the discretion of MATA. • Day 0 (Sunday): Arrive at MATA Levee Road facility, prepare bus and charge. MATA can make the maintenance facility and personnel available – as coordinated with the Proposer. • Day 1 (Monday): Route Operation and Charging • Day 2 (Tuesday): Route Operation and Charging • Day 3 (Wednesday): Safety and Maintainability Demonstration MATA RFP 23-13 PAGE 31 • Day 4 (Thursday): MATA operator familiarity demonstration at Levee Road facility and MATA Community Stakeholder Meeting • Day 5 (Friday): Wrap-up presentation with MATA Selection Committee 2B.3 MATA Route Operation (Day 1 and Day 2) 2B.3.1 Each Proposer will operate their demonstration bus in a revenue demonstration mode. The demonstration bus will operate on selected routes, simulating passenger stops, operator breaks, and downtime at the end of routes. The bus will be operated by the Proposer’s operator, with MATA representatives as passengers. The general public and passengers will not be allowed on board during the simulated service or stops. MATA has selected these routes as they are the candidates for the BEB operation: Bus Rapid Transit (Innovation Corridor) and Route 30. 2B.3.2 MATA has selected these periods due to different ridership demands, traffic constraints, and a variety of other factors. Due to traffic demands differing throughout the day, scenarios will need to be tested for distinct periods throughout the day: A. Day 1 – Morning (6:00 AM – 11:00 AM) / Simulated Bus Rapid Transit Route 1. Trip 1 – Fully seated and standing loading, round trip, starting at Hudson Transit Center i. Simulated stops with mobility device lift every other stop. ii. Continuous HVAC operation, heating and cooling (most demanding loading position), or simulated loading condition. 2. Trip 2 – same as Trip 1 B. Day 1 – Mid-Day, recharge at 1370 Levee Road facility C. Day 1 – Evening (6:00 PM - 11:00 PM) / Simulated Route 30 1. Trip 1 – Fully seated and standing loading, round trip, starting at Airways Transit Center i. Simulated stops with mobility device lift every other stop. ii. Continuous HVAC operation, heating and cooling (most demanding loading position), or simulated loading condition. 2. Trip 2 – same as Trip 1 D. Day 1 – Night, recharge at 1370 Levee Road facility E. Day 2 – Morning (6:00 AM – 11:00 AM) / Simulated Bus Rapid Transit Route 1. Trip 1 – Fully seated loading, round trip, starting at Hudson Transit Center i. Simulated stops with mobility device lift every other stop. ii. Continuous HVAC operation, heating and cooling (most demanding loading position), or simulated loading condition. 2. Trip 2 and repeat Trip 1 until SOC is 10% 2B.3.3 The Proposer will arrange charging for the demonstration bus at the end of the activity (locations as described above). MATA will provide and load 40 sandbags to simulate a passenger load of approximately 15 people. MATA RFP 23-13 PAGE 32 2B.3.4 Record the following information: A. Starting State of Charge – expected approximately 80% or higher. B. Ending State of Charge 1. Remaining energy capacity and operating range i. Normalized to MATA Technical Specification requirements (as applicable). C. kWh/mile for each scenario 1. Comparison to the simulated/calculated efficiency and range for each route, normalized for Seated Load Weight (SLW) D. Propulsion system energy consumption 1. Captured regenerative braking energy throughout the route 2. Energy expended throughout the route 3. State of Charge throughout the route E. Auxiliary power system energy consumption 1. Listing of active expected loads (ex: headlights, HVAC, lift, etc.) vs. actual consumption F. HVAC runtime G. Representative acceleration and braking curves (0-30 mph / 30-0 mph) for each run 1. Provide Altoona curves as reference. H. Overall demonstration of ability to meet MATA schedule for the routes. I. Recording of faults, issues, or anomalies J. AVL data with GPS correspondence 2B.3.5 Data recorded will be presented to MATA at the end of each day in a wrap-up meeting and shared in raw format (.CSV or other means). Final graphs and information will be documented and explained in the Demonstration Report. 2B.4 Charging Demonstration (Day 1, Day 2, and Day 3) 2B.4.1 Each Proposer will demonstrate charging operations, utilizing their charger and MATA facilities (if operational during the demonstration program). The Proposers will demonstrate charging procedures and operational requirements for charging. 2B.4.2 Record the following information: A. Charge rate (kW) 1. Utilizing the Proposer’s charger 2. Utilizing MATA’s 200kW charger, if available B. Time to charge from 20% State of Charge to 80%, to Full. C. Miles replenished, described on a graph, at 10-minute intervals. MATA RFP 23-13 PAGE 33 1. Normalize range information against Altoona testing results and MATA scenario testing. 2B.5 Maintainability Demonstration (Day 3) 2B.5.1 Each Proposer will demonstrate the maintainability of their BEB, within the MATA Levee Road maintenance facility. MATA will make one bay available for the demonstration and the Proposer will record each demonstrated scenario and feature. Video recordings must be compatible with Microsoft Windows 10 operating system, and accessible via nonproprietary video programs. Video recordings must be transmitted via compressed zip files or Microsoft OneDrive. Video recordings will be transferred to MATA with the finalized Demonstration Report. Please note that MATA is requiring the Proposers to demonstrate and explain the steps required to perform activities, with limited actual removal or modification but does expect the Proposers to answer questions from MATA maintenance personnel and engage in interactive discussions. Each Proposer will make available (on-site) at least one engineering-level staff or maintenance expert for this discussion. 2B.5.2 As an example, the Proposer will explain the process for removal and replacement of a battery module, including tools required, diagnostic system steps, and startup verification and testing. The intent is to allow MATA to evaluate these steps and ask questions about the process. Expected MATA attendees will be maintenance technicians, management, and the Evaluation Committee. 2B.5.3 Each Proposer will be given a detailed tour of the MATA maintenance facility to understand shop tooling, capabilities, and staffing skills. 2B.5.4 Identify key components, demonstrate and simulate troubleshooting, removal, and replacement of: A. Battery modules, roof and low level. B. Propulsion controller and inverter packages. C. Overhead charging rails. D. Auxiliary power package (if separate); E. Battery cooling and heating system. 1. Radiator Screen. 2. Coolant Filtration. 3. Coolant System Mounting. 4. Coolant System (Service); F. Propulsion troubleshooting and diagnostics. G. Traction system and gearbox. H. Front and rear brake system. 1. Wear indication. 2. End of Life. 3. Indicators. 4. Monitoring. MATA RFP 23-13 PAGE 34 5. Warning System. I. Air compressor. 1. Charge Test; 2. Leak-Down; 3. Quick Dis-Connect; 4. Pressure Relief Valve; 5. Desiccant Replacement; J. Seats; 1. Cushions; 2. Charging Stations; K. Windows; L. Front and rear door troubleshooting; M. HVAC system; 1. Shutoff Valves; N. Fire suppression system; O. Diesel heater (if equipped); P. Hydraulic pump; Q. Mobility device lift; R. Signage and communications; 1. Destination Signs; 2. Interior Displays; 3. Camera Surveillance System; 4. Public Address System; 5. ITS; i. CAD/AVL; S. Body repairs and panel replacement; T. Jacking points, towing and lifting; U. Multiplexing; V. All diagnostic systems walkthrough and features presentation; W. Fire Extinguisher; X. Lighting; Y. Special tools and Test Equipment; and Z. Training Program Plan Presentation. MATA RFP 23-13 PAGE 35 2B.6 Safety Features Demonstration (Day 3) 2B.6.1 Each Proposer will demonstrate and explain the safety features and safety design of their BEB. An interactive meeting with MATA Safety Department and Maintenance stakeholders will be held. 2B.6.2 Describe and demonstrate the following: A. Safety interlocks and cut-outs for the charging system; B. High voltage system fault detection and protections; C. Fire suppression system; D. Fire Extinguisher; E. Propulsion Compartment Bulkheads; F. Electrical circuit protection and coordination; G. First responder high voltage disconnect; H. Interior passenger safety features and emergency egress; I. Operator safety features; J. Operator human factors design and ergonomics; K. Operator visibility and sight lines; L. Other, proposer-implemented features and design elements; and M. Proposer’s experience and support of FTA safety certification process from other programs. 2B.6.3 Note: these items will be specifically described from the perspective of design, approach, and proposer’s methodology of implementation (maintainability of each system will be reviewed during the Maintainability demonstration). 2B.7 MATA Operator Demonstration (Day 3) 2B.7.1 Each Proposer will demonstrate the following, at the MATA Levee Road facility, with MATA- designated operators. The bus will be kept within the facility bus parking area for movement demonstrations. 2B.7.2 Demonstrate the following: A. General driving and handling; B. Turning radius; C. Mobility device lift; D. Door operations; E. Simulated bus-stop approach and departure angles; F. Towing; G. Parking Brake; H. Visibility and sightlines; and MATA RFP 23-13 PAGE 36 I. Operator diagnostics and communications system. 2B.8 MATA Stakeholder Workshop Meetings (Day 4) 2B.8.1 Each Proposer will meet with MATA stakeholder teams, as described below. MATA will record meeting minutes, and action items (if any). Each Proposer is responsible to review meeting minutes or respond to action items within the agreed upon time frames, as responses may impact proposer evaluation. 2B.8.2 Meeting schedule: A. Selection committee proposal technical presentation (4 hours) 1. Present features of proposer’s BEB and overall fit and function in MATA’s system i. Design and manufacturing maturity and capability; ii. Description of existing planned work and ability to accommodate MATA’s order; iii. Recent orders and successes; iv. Recent orders and lessons learned, how to incorporate to MATA’s order; v. Technical requirements review – with an explanation of each on-board system; vi. Aesthetics and options for customization; vii. Maintainability requirements; and viii. Warranty. 2. Present proposed technical changes to the draft Request for Proposal document (refer to Section 2.A, Instructions to Proposers) i. Please note: other provisions (General Conditions) will not be discussed in this meeting as they will need specific review by MATA counsel. ii. Pricing and financial considerations will not be discussed. 3. Present training recommendations 4. Present special tools recommendations 5. MATA is interested in incorporating the following safety requirements into the project: i. Examination of risks associated with left and right pillar posts bus design, which tends to create a blind spot, and determining appropriate mitigations in the design of the pillar, or placement of the pillar. MATA is interested in understanding Proposers’ design approach and risk mitigations. ii. Strategies to reduce bus accidents through technology. An example system is Drive Cam, which utilizes CCTV systems, acceleration/motion sensors, that trigger capture, transmittal, and storing video of 15 seconds before and accident and 30 seconds after an accident when the bus has a collision, accelerates aggressively, turns sharply, or stops sharply. MATA is interested in understanding Proposers’ approach to integration with this MATA RFP 23-13 PAGE 37 type of system with real-time monitoring and potentially integrating into MATA’s operations and fleet management. 6. Proposer’s Recommended Spare Parts Quantities List walkthrough (PRICING INFORMATION NOT TO BE SUBMITTED) 7. Initial findings of Demonstration Program route performance 8. Questions and answers B. MATA executive leadership introduction (1 hour) C. MATA external stakeholder meeting (2 hours) 2B.9 Wrap Up Meeting (Day 5) and Demonstration Program Report 2B.9.1 Each proposer will meet with the MATA project management team to review the activities and action items generated from the week’s activities. Proposers will present the outline of their Demonstration Report, documenting the deliverable requirements for each Demonstration Program activity. The report will describe how the results of the Demonstration Program meet MATA’s technical requirements and compare simulated route results to actuals. The finalized Demonstration Report will be transmitted to MATA no later than 10 days at the end of the demonstration period. 2B.9.2 Meeting agenda (2 hours): A. Recap each activity and needed follow-up items; B. Route performance compared to simulations; C. Report outline – prepared by Proposers based on the requirements of the Demonstration Program; D. Report deliverable timeline (refer to Section 2.A, Instructions to Proposers); and E. Recap and revisit (as needed) to proposed changes to MATA RFP – technical only (refer to Section 2.A, Instructions to Proposers). MATA RFP 23-13 PAGE 38 SECTION 3 GENERAL CONDITIONS MATA RFP 23-13 PAGE 39 SECTION 3 GENERAL CONDITIONS 3.1 Materials and Workmanship. 3.1.1 It is the intent of these specifications to provide for goods of first quality and the workmanship must be the best obtainable in the various trades. The design of the goods, which the manufacturer proposes to furnish, must be of substantial and durable construction in all respects. No advantage shall be taken by the Proposer or manufacturer in the omission of any part or detail which goes to make the product complete and ready for installation and use. 3.1.2 The Contractor shall be responsible for all materials and workmanship in the construction of the bus and all accessories used, whether the same are manufactured by the Contractor or purchased from a supplier or a source outside the Contractor’s company. This provision excludes any equipment leased or supplied by MATA, except insofar as such equipment is damaged by the failure of a part or component for which the Contractor is responsible, or except insofar as the damage to such equipment is caused by the Contractor during the manufacture of the buses. 3.2. Conformance with Specifications and Drawings 3.2.1. Materials furnished and work performed by the Contractor shall conform to the requirements of the technical specifications and other contract documents. Notwithstanding the provision of drawings, technical specifications or other data by MATA, the ...