REPORT TO THE CITY COUNCIL April 23, 2020 FROM: GREGORY A. BARFIELD, Director Department of Transportation BY: BRIAN BARR, Assistant Director Department of Transportation ORIE J. RUBALCAVA, Senior Management Analyst Department of Transportation SUBJECT ..Title Reject all bids due to failure to meet required specifications for a 40' Low Floor, Long Range, Battery Electric Bus and direct staff to rebid (Bid File 9518) ..Body RECOMMENDATION Staff recommends Council reject all bids received March 17, 2020, for purchase of 40' Low Floor, Long Range, Battery Electric Bus and direct staff to rebid. EXECUTIVE SUMMARY The Department of Transportation/FAX Division operates 112 fixed-route buses with 102 buses required for peak service. FAX seeks a requirements contract to purchase battery electric buses (BEB) to replace vehicles that have exceeded their useful life and comply with the California Air Resource Board (CARB) Innovative Clean Transit (ICT) regulation. Staff has determined the two bids received in response to the solicitation are non-responsive. Staff will rebid the solicitation and consider adjustments to encourage additional competition. BACKGROUND CARB issued the ICT regulation, effective October 1, 2019, requiring all transit agencies to gradually transition all bus and paratransit vehicles to a 100 percent zero-emission fleet by 2040. This regulation applies to all transit agencies that own, operate, or lease buses with a gross vehicle weight rating greater than 14,000 lbs. The FAX 112 compressed natural gas (CNG) buses and a mix of 61 unleaded and CNG paratransit vehicles are applicable to this regulation. By the year 2023, 25 percent of all new bus purchases must be zero-emission technologies. This requirement increases to 50 percent in 2026, and 100 percent in 2029. Bids were solicited for this project on January 15, 2019, and advertised in the Fresno Business Journal and Mass Transit Magazine. The Notice Inviting Bids was sent to five building exchanges and specifications were distributed to ten potential bidders. The bids were publicly opened on March 17, 2020, and are due to expire on July 15, 2020. FAX received two bids in response to the solicitation and were both found to be non-responsive due to exceptions taken with the technical specifications that are beyond what would considered a minor irregularity. Staff will rebid the solicitation and consider adjustments to encourage additional competition. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the award of this contract does not qualify as a project; therefore, it is exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference is not applicable as federal funds preclude the use of local preference and this action is not recommending award. FISCAL IMPACT There is no fiscal impact to the General Fund from this action.