AMENDED REQUEST FOR PROPOSAL (RFP) FOR ESTABLISHMENT AND OPERATION OF THE WISCONSIN MOTOR VEHICLE INSPECTION PROGRAM RFP #268291 Issued by: STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION Division of Motor Vehicles Bureau of Vehicle Services NEW DUE DATE and SCHEDULE Proposals must be submitted No later than 2:00 PM June 2, 2011 Important: See building security access restrictions in Section 2.3 LATE PROPOSALS WILL BE REJECTED There will not be a public opening for this RFP For further information regarding this RFP contact Sonja Collier E-mail: Sonja.collier@dot.wi.gov Issued: March 28, 2011 TABLE OF CONTENTS SECTION 1 SUBJECT GENERAL INFORMATION ....................................................................................................... 4 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 2 MANDATORY REQUIREMENTS ...................................................................................................................................19 ORGANIZATION CAPABILITIES (200 POSSIBLE POINTS)....................................................................................................19 STAFF QUALIFICATIONS (300 POSSIBLE POINTS)............................................................................................................19 PROPOSER SOLUTIONS (4500 POSSIBLE POINTS INCLUSIVE OF SUBSECTION TOTALS BELOW) .................................................20 PROPOSER REFERENCES ...........................................................................................................................................28 CONTRACT REQUIREMENTS..................................................................................................29 5.1 5.2 6 EVALUATION COMMITTEE ........................................................................................................................................17 PRELIMINARY EVALUATION .......................................................................................................................................17 RIGHT TO REJECT PROPOSALS ....................................................................................................................................17 PROPOSAL SCORING ................................................................................................................................................17 EVALUATION CRITERIA .............................................................................................................................................17 INTERVIEWS/PRESENTATIONS AND/OR SITE VISITS .........................................................................................................18 FINAL EVALUATION .................................................................................................................................................18 AWARD AND FINAL OFFERS .......................................................................................................................................18 NOTIFICATION OF INTENT TO AWARD .........................................................................................................................18 APPEALS PROCESS ..................................................................................................................................................18 NEGOTIATE CONTRACT TERMS ..................................................................................................................................19 PROPOSER INFORMATION AND SOLUTIONS .........................................................................19 4.1 4.2 4.3 4.4 4.5 5 GENERAL INSTRUCTIONS ..........................................................................................................................................15 INCURRING COSTS ..................................................................................................................................................15 SUBMITTING PROPOSALS .........................................................................................................................................15 PROPOSAL ORGANIZATION AND FORMAT.....................................................................................................................16 MULTIPLE PROPOSALS .............................................................................................................................................17 WITHDRAWAL OF PROPOSALS ...................................................................................................................................17 PROPOSAL SELECTION AND AWARD PROCESS ......................................................................17 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 4 INTRODUCTION ........................................................................................................................................................4 DEFINITIONS ...........................................................................................................................................................4 SCOPE ....................................................................................................................................................................6 CLARIFICATION AND/OR REVISIONS OF THIS RFP...........................................................................................................12 SITE VISITS OF WISDOT FACILITIES ............................................................................................................................12 REASONABLE ACCOMMODATIONS..............................................................................................................................12 CALENDAR OF EVENTS .............................................................................................................................................12 CONTRACT TERM AND FUNDING ................................................................................................................................13 CERTIFICATION FOR COLLECTION OF SALES AND USE TAX .................................................................................................13 VENDORNET REGISTRATION .....................................................................................................................................13 CONFIDENTIALITY ...................................................................................................................................................13 WISDOT WEBSITE DEVELOPMENT REQUIREMENTS FOR CONTRACTORS...........................................................................14 PREPARING AND SUBMITTING A PROPOSAL .........................................................................15 2.1 2.2 2.3 2.4 2.5 2.6 3 PAGE # CONTRACT REQUIREMENTS ......................................................................................................................................29 CONTRACT BREACHES AND DISPUTES .........................................................................................................................65 COST PROPOSAL ...................................................................................................................70 6.1 6.2 6.3 6.4 GENERAL INSTRUCTIONS FOR THE COST PROPOSAL AND HOW IT WILL BE SCORED.................................................................70 FORMAT FOR SUBMITTING COST PROPOSAL. USE COST PROPOSAL--ATTACHMENT E...........................................................71 FIXED PRICE PERIOD ................................................................................................................................................71 INFLATIONARY ADJUSTMENT .....................................................................................................................................71 7 REQUIRED FORMS ................................................................................................................71 7.1 7.2 FOUND IN FRONT SECTION THAT PRECEDES THE REQUEST FOR PROPOSAL DOCUMENT:.........................................................71 FOUND IN THE BACK SECTION OF THE REQUEST FOR PROPOSAL DOCUMENT: ......................................................................72 WISCONSIN DEPARTMENT OF TRANSPORTATION 1 RFP #268291 Page 4 of 80 GENERAL INFORMATION 1.1 Introduction The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for staging and operating the Wisconsin Vehicle Inspection Program (WVIP). The State as represented by its Wisconsin Department of Transportation (WisDOT) intends to use the results of this Request for Proposal (RFP) to award a contract for the above listed service. The contract administrator will be determined at the time of the contract award. The WisDOT Purchasing Unit is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is Sonja Collier, Purchasing, email: sonja.collier@dot.wi.gov. Contact with anyone else involved with this process without the prior authorization of WisDOT Purchasing may result in the disqualification of your proposal. 1.2 Definitions The following definitions are used throughout the RFP: ADA means the Americans with Disabilities Act. Agent means a partner approved by the DOT’s Division of Motor Vehicles to issue Department products on its behalf. ATP (Acceptance Test Procedures) means a procedure to demonstrate the operational readiness of the entire Contractor-supplied test system, including but not limited to all inspection facilities, test equipment, and the vehicle inspection data management system. Centralized Program means a vehicle inspection program in which all test stations are designed to common standards, and are owned and operated by a single program administering entity. CO means Carbon Monoxide. CO2 means Carbon Dioxide. Contract Manager means the State employee responsible for the overall management and administration of the contract. The contract manager for this project will be identified at the time of contract execution. At that time, the Contractor will be provided with this person’s name and contact information. Contractor means Proposer awarded the contract for “Establishment and Operation of a Motor Vehicle Inspection Program”. CSR means Customer Service Representative. Data Management System means all the computer hardware, software and peripheral equipment used to guide the conduct of WVIP emissions inspections and manage the test results and overall operation of the program. Decentralized means a vehicle inspection program that operates exclusively with subcontracted private inspection facilities for the purposes of conducting vehicle inspections. The private inspection facilities may be engaged in business activities other than offering vehicle inspections through the program. The Contractor may have an ownership interest in the private inspection facilities. Department means the Wisconsin Department of Transportation. DLC means Data Link Connector. DMV means the Wisconsin Department of Transportation’s Division of Motor Vehicles. DNR means the Wisconsin Department of Natural Resources. DOT or WisDOT means the Wisconsin Department of Transportation. Fleet means a set of vehicles owned or leased by a single business or government entity. FTAC (Fixed Technical Assistance Center) means a “bricks and mortar” technical assistance center. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 5 of 80 GVWR means Gross Vehicle Weight Rating. HC means hydrocarbons. Hybrid means a vehicle inspection program in which the Contractor owns and operates vehicle inspection facilities under the program that are dedicated exclusively to vehicle emission testing, and also operates a network of decentralized emission inspection facilities. I/M area means the seven counties in which the WVIP currently operates: Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha. I/M Program means the Wisconsin Vehicle Inspection Program or, more generally, a vehicle inspection and maintenance program. Implementation phase means the period beginning on the contract award date and ending on the operations start date. Inspection Facility means a private inspection facility operated by the Contractor or a Subcontractor performing vehicle emissions inspections under the Wisconsin Vehicle Inspection Program. IT means Information Technology. Kiosk means a self-contained OBDII test and data capture device that motorists may use to perform assisted or unassisted tests on their own vehicle. LADCO means Lake Michigan Air Directors Consortium MBE means a Minority Business Enterprise. MIL means Malfunction Indicator Lamp. Motorist Repair Guide means the repair effectiveness manual distributed to motorists whose vehicle fails an emissions inspection. MTAC (Mobile Technical Assistance Center) means a vehicle equipped with vehicle diagnostic and test equipment that is used by TAC technicians to provide diagnostic services at locations other than fixed TAC sites. MY means Model Year. NOx means Oxides of Nitrogen. OBD means On-Board Diagnostic. OBDII means a second-generation vehicle On-Board Diagnostic system. The OBDII system consists of a computer, diagnostic software and a battery of sensors designed to identify and record deterioration of emission control-related system performance. Obsolescence schedule means a statement of depreciation period and/or assumed replacement intervals for inspection system components. Operations phase means the time period beginning with the day that the Contractor starts performing 100 percent of the WVIP tests and ending at contract termination. Operations start date means the date on which the Contractor starts performing 100 percent of the WVIP tests. PCM means Powertrain Control Module. PID means parameter identification. PIF (Private Inspection Facility) means a vehicle maintenance and/or sales facility that conducts inspection services on behalf of the Contractor. PIP means Public Information Program. Program means the Wisconsin Vehicle Inspection Program. Proposer means a business entity or individual that submits a proposal package in response to this solicitation. Recognized repair facility means a repair shop that is both a registered facility and employs at least one ASE L1 or WISETECH certified repair technician. Registered facility means a repair shop that has submitted a current profile form to the WVIP. REI (Repair Effectiveness Index) means a score provided in the Motorist Repair Guide that provides past performance information reflecting the ability of a repair facility to bring a vehicle that failed an WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 6 of 80 emissions inspection into compliance. It is calculated by dividing the number of successful emissionsrelated repairs by the total number of emissions-related repairs at a specific repair facility. Remote Sensing means the use of roadside analytical systems employing NO dispersive infrared spectroscopy to measure concentrations of vehicle CO and HC emissions and dispersive ultraviolet spectroscopy to measure NOx emissions. State means the State of Wisconsin. TAC (Technical Assistance Center) means a Contractor-operated facility that provides diagnostic and referee services in support of inspection facility operations. TSB means Technical Service Bulletin. U.S. EPA means the United States Environmental Protection Agency. VID (Vehicle Inspection Database) means the central computer database or databases furnished, operated and maintained by the Contractor, and containing all vehicle emissions inspection records and other data required supporting the Wisconsin Vehicle Inspection Program and all Department functions in conjunction with vehicles requiring testing. VIDMS (Vehicle Information Data Management System) means the WVIP technology infrastructure, including the VID, inspection equipment software, reporting data and mechanisms, and web-based access to the data. VIR (Vehicle Inspection Report) means a report issued to the motorist documenting the results of an emissions inspection or waiver determination. Vendor means a provider of electronic vehicle-related transaction services approved by, and acting on behalf of, the Department of Transportation. VIN means Vehicle Identification Number. VIR means Vehicle Inspection Report. VOC means Volatile Organic Compounds VRT means Vehicle Reference Table. Waiver means a conditional one-cycle exemption from emissions testing that may be granted to motorists. WisDOT means the Wisconsin Department of Transportation. WISETECH means the Wisconsin Emission Technician Training Program, a program established under Trans 131.04(c), Wis. Administrative Code. WVIP means the Wisconsin Vehicle Inspection Program. 1.3 Scope 1.3.1 Project Description The WVIP identifies vehicles that fail applicable emissions standards, requires repair of the cause of the failure, and requires that failing vehicles pass a retest or qualify for a waiver from additional repair before being reregistered. The program is required in seven southeastern Wisconsin counties under the federal Clean Air Act, as a result of ambient ground-level ozone concentrations. See Figure 1. 1.3.2 Objectives/Needs The objective of this RFP is to provide interested parties with sufficient information to enable them to prepare a proposal for the establishment and operation of a decentralized Wisconsin Vehicle Inspection Program (WVIP) consisting of a network of subcontracted private inspection facilities. The WVIP is an OBDII-only program operating in seven Wisconsin counties. Section 5 of this RFP presents the scope of work falling under this objective. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 7 of 80 The Contractor will be required to conduct all testing and related functions starting no later than July 1, 2012. 1.3.3 Current Operations (history and background) Since 1984, the DOT and DNR have jointly administered the Wisconsin Vehicle Inspection Program (WVIP, or I/M program). DNR establishes the emissions limitations and DOT administers the program. The program exists in response to requirements of the federal Clean Air Act, administered by U.S. EPA. The WVIP was developed to address violations of the 1-hour ozone and carbon monoxide National Ambient Air Quality Standards. The primary goals of this program are to identify and repair vehicles emitting excessive amounts of targeted air pollutants – carbon monoxide (CO), nitrogen oxides (NOx), and volatile organic compounds (VOCs). The program also reduces emissions of particulate matter and toxic chemicals such as benzene, 1-3 butadiene and formaldehyde. The I/M program began operating as a basic program in Wisconsin’s six-county “severe” ozone non-attainment area – Kenosha, Milwaukee, Ozaukee, Racine, Washington and Waukesha counties. The program expanded to Sheboygan County, designated a “moderate” ozone nonattainment area, in July 1993. Figure 1 provides a map of counties in the program. Detailed county maps are also available online at www.dot.wisconsin.gov/travel/maps/county.htm. Figure 1. Map of Counties Included in Wisconsin Vehicle Inspection Program Area WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 8 of 80 In December 1995, the program transitioned to the enhanced classification. Specifically, the program has since operated per the low-enhanced I/M program standards established under 40 CFR 51, Subpart S and the subsequent I/M Flexibility Amendments issued on September 18, 1995. A vehicle must either pass the test or receive a waiver in order to renew its registration. The WVIP tested approximately 568,000 vehicles in 2009. Including all tests issued with a final result of pass, fail, abort, void or waived, the WVIP conducted 599,174 tests. The program’s aggregate failure rate in 2009 (among pass and fail results) was 7.1%. Additional operating statistics are available in the latest WVIP annual report, available online at http://www.wivip.com/annual_report_08_09. (Please note that this URL includes underscores in all spaces.) In general, motorists do not pay for their emissions inspections. The State of Wisconsin covers the cost of their initial test and, when additional tests are needed, up to two retests. The motorist then pays for subsequent retests at a rate of $15 per test. Motorists may also receive voluntary tests for $15 each. The primary mode of I/M program compliance enforcement in Wisconsin is denial of vehicle registration. Testable vehicles in the seven I/M counties must pass an emission inspection or be granted a waiver before the owner can renew her/his registration. Upon completing the testing and registration renewal process, the motorist is issued a license plate sticker indicating the month and year until which the registration remains valid. Currently, motorists qualified to renew their registration may do so at a WisDOT Division of Motor Vehicles (DMV) service center, at an emissions inspection station, or at one of numerous other authorized third-party DMV Agent sites. The latter include a variety of businesses, e.g. convenience marts, financial service centers, and some municipal offices. 1.3.3.1 Vehicles Tested Gasoline and alternative fuel-powered vehicles (such as those powered by propane, compressed natural gas, ethanol, etc.) up to 8,500 lb. GVWR (14,000 lb. for model years 2007 and newer) currently are tested via their onboard diagnostic computers. Also tested are model year 2007 and newer diesel-powered vehicles up to 14,000 pounds GVWR. Per Section 285.30(5), Wis. Stats., exempted vehicles include certain diesel-powered vehicles, motorcycles, mopeds, vehicles registered as farm equipment, and vehicles of model year 1995 and older. Wisconsin statutes exempt the latest three model years from testing. Coupled with the biennial test schedule this means that in 2009, for instance, MY 2006 and older, even-numbered model year vehicles are tested. Table 1 summarizes which vehicles are subject to testing. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 9 of 80 Table 1. Vehicles Requiring Testing Under New WVIP Contract Vehicle Type MY 1996 and newer gas-powered passenger vehicles up to 8,500 lb. GVWR MY 1996 and newer alternative fuel-powered passenger vehicles up to 8,500 lb. GVWR MY 2007 and newer gas-powered vehicles between 8,501 lb. and 14,000 lb. GVWR MY 2007 and newer alternative fuel-powered vehicles between 8,501 lb. and 14,000 lb. GVWR MY 2007 and newer dieselpowered vehicles up to 14,000 lb. GVWR Appendix 1 contains current registration counts by ZIP code. Upon request, the Department will provide Proposers with more detailed registration data for the testable fleet, including any or all of the following: VIN; Model Year; Make; Model; Vehicle type; Fuel type; ZIP Code; Exempt Status Additionally, Appendix 2 provides the Department’s initial OBDII-only inspection volume forecasts through 2018. These forecasts primarily reflect I/M area population projections, application of an average number of vehicles owned by driving-age Wisconsin residents, and aggregate OBDII vehicle test failure rates based on recent historical data. Test volume forecast components for vehicles being added to the testable fleet in 2010 per Table 1 above, are based on estimated aggregate failure rates applied to recent fleet volume estimates that ENVIRON developed for the Lake Michigan Air Directors Consortium (LADCO). 1.3.3.2 Test Methods Vehicles identified in Table 1 above receive an on-board diagnostic (OBDII) test. Per U.S. EPA’s Amendments to Vehicle Inspection Maintenance Program Requirements Incorporating the Onboard Diagnostic Check (April 5, 2001, available at http://www.epa.gov/fedrgstr/EPA-AIR/2001/April/Day-05/a8276.pdf), MY 1996-2000 OBDII-compliant vehicles receive an OBDII test if they present with up to two unset WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 10 of 80 readiness monitors. MY 2001 and newer OBDII-compliant vehicles receive an OBDII test if they present with zero or one unset readiness monitor. With greater numbers of unset monitors at testing, vehicles are rejected. Likewise, OBDII-compliant vehicles presenting for a test are rejected if a scan tool cannot establish communications with the on-board diagnostic system. Vehicles rejected from testing must leave the station, pursue a means of remedying the cause of rejection, and then return for a test. Vehicles with multiple rejects typically are referred to a TAC for assistance setting monitors, diagnosing conditions preventing them from being set, or diagnosing communication problems. 1.3.3.3 Test Network Emission testing is currently conducted at a network of nine contractor-operated centralized facilities. Inspection facility locations are as follows: Kenosha Station 5910 - 77th St. Kenosha, WI 53142 Milwaukee Central Station 2401 W. St. Paul Ave. Milwaukee, WI 53233 Milwaukee North Station 7929 W. Clinton Ave. Milwaukee, WI 53223 Milwaukee South Station 1101 W. Boden Ct. Milwaukee, WI 53221 Racine Station 1913 Melvin Ave. Racine, WI 53404 Sheboygan Station 4528 Gateway Dr. Sheboygan, WI 53081 Waukesha North Station 508 Bluemound Rd. Waukesha, WI 53188 West Allis Station 423 S. Curtis Rd. West Allis, WI 53214 West Bend Station 2001 Stonebridge Cir. West Bend, WI 53095 1.3.3.4 Test Outcomes The normal endpoint of each test is a pass or a waiver. As noted above, a motorist’s ability to renew vehicle registration is contingent on reaching one of these endpoints. Interim test results are: Abort: Test is ended before a valid result is reached, due to some type of vehicle or equipment malfunction. Exemption: Vehicle is not required to undergo an OBD system interrogation, a MIL bulb check, or both. Reject: Vehicle presents for testing in condition unsuitable for conducting a test. Modes of OBDII test failure include: Malfunction indicator lamp (MIL) illumination OBDII system reports that MIL is commanded on OBDII system reports the presence of diagnostic trouble codes WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 11 of 80 MIL bulb failure Damage to the OBDII port OBDII vehicles that are identified in EPA’s most recent “I/M OBD Vehicle Readiness Exceptions List” qualify for a two-year (one cycle) technical waiver. They must still present for an initial test in order to pursue a waiver. 1.3.3.5 Cost Waivers Trans 131.05, Wis. Adm. Code, provides that OBDII-compliant vehicles are eligible for cost waivers if the motorist spends an amount in excess of a value set by the Wisconsin Department of Natural Resources via NR 485.045, Wis. Adm. Code, on qualifying repair expenses, even if a lighted MIL cannot be extinguished. Qualifying expenses are those that: are performed by a recognized repair facility; cover part and labor expenses relevant to the emission problem(s) diagnosed by the repair facility; and exclude warranty coverage repairs. Cost waivers are issued by TAC technicians after they perform the anti-tampering inspection specified in Trans 131.05, Wis. Adm. Code. 1.3.3.6 Technical (Diagnostic) Waivers In rare cases, a motorist may receive a one-cycle technical waiver if, after waiverqualifying repairs, her/his vehicle has failed an initial test and a retest and a Technical Assistance Center (TAC) master technician certifies that no additional emission-related repairs could produce a passing test. Flaws in a manufacturer’s vehicle design or construction that prevent testing also result in a technical waiver. See Trans 131.04(2), Wis. Administrative Code. 1.3.3.7 Repairs and Repair Effectiveness In pursuing emissions-related repairs, motorists may take their vehicles to any repair shop or may work on their own vehicles. The WVIP helps motorists identify qualified repair shops via a “Motorist Repair Guide” (also referred to as the “Blue Book”). Motorists are issued the guide upon an initial failing test. The guide lists shops that are recognized and/or registered with the program. Registered shops are those that have completed and submitted a current registration form, which contains basic business information. Recognized shops are those shops that submit not only registration materials, but also proof of professional registration or certification that meets the requirements of Trans 131.04(c)(2), Wis. Administrative Code. Only shops employing one or more repair technicians possessing ASE L1 certification, WISETECH certification, or equivalent may be recognized. 1.3.3.8 Technical Assistance Center (TAC) Two TACs are a component of the existing program. Each TAC is staffed with one master technician, contains a fully functional test lane, and is equipped with a full complement of diagnostic equipment. Master technicians at the TACs fulfill three functions for the program: providing diagnostic services for difficult repairs; providing referee services for disputed test outcomes; and WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 12 of 80 conducting and coordinating repair community training. While the TACs operate during regular business hours as provided in the contract, services typically require an appointment. Appendix 3 presents historical TAC utilization volumes. 1.4 Clarification and/or revisions of this RFP Proposers are expected to raise any questions, noted errors, discrepancies, ambiguities, exceptions, additions or deficiencies they have concerning this proposal in writing through e-mail by April 18, 2011 to: Sonja Collier, Purchasing E-mail: sonja.collier@dot.wi.gov If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this proposal after the above date, they shall immediately notify the above named individual of such error and request modification or clarification of the proposal document before the proposal opening date. If the proposer fails to notify the WisDOT prior to the proposal due date of any condition stated above that reasonably should have been known to the proposer, and if a contract is awarded to that proposer, the proposer shall not be entitled to additional compensation or time by reason of the error or its correction. Revisions to this request for proposal will be made only by an official written amendment issued by Purchasing. Proposers may attach additional relevant information to their proposal response. 1.5 Site visits of WisDOT facilities WVIP facilities are owned or leased by a contractor. Interested parties may visit any inspection facilities at their own convenience. The appropriate method for conducting a visit is to park at the desired facility, purchase a voluntary inspection certificate at the customer service desk inside, and then submit your vehicle for inspection. The visit would be limited to what a member of the general public sees during a normal inspection. 1.6 Reasonable accommodations WisDOT will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening/proposer conference, contact Sonja Collier, Purchasing, at (608)267-4480(voice) or Wisconsin Telecommunications Relay System (TTY) at 1-800-947-3529. 1.7 Calendar of events Listed below are specific and estimated dates and times of actions related to this Request for Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by WisDOT. In the event that WisDOT finds it necessary to change any of the specific dates and times, it will do so by issuing amendments to this RFP. There may or may not be a formal notification issued for changes of the estimated dates and times. DATE March 28, 2011 April 18, 2011 April 20, April 26 2011 June 2, 2011 July 11, July 14, 2011 July 22, 2011F EVENT RFP issuance date Last day for submitting written questions Mail and post amendments to proposers, which include answers to questions, supplements and/or revisions to RFP Proposals due on or before 2:00 p.m. Interviews/presentations (estimated date, if needed) Notification of intent to award sent to proposers (estimated) WISCONSIN DEPARTMENT OF TRANSPORTATION As Negotiated July 1, 2012 1.8 RFP #268291 Page 13 of 80 Contract award (estimated) Contract start date (estimated) Contract term and funding The contract shall be effective on the date indicated on the contract and shall continue for five (5) years from that date. By mutual agreement of the agency and the contractor, the contract may be renewed up to two (2) additional three-year periods. Funding for this contract is expected to be $289,191 monthly, based on expenditure levels planned for the 2011 calendar year. Dollars available for this contract may vary, and are contingent upon appropriation by the state Legislature. The Wisconsin Vehicle Inspection Program is subject to changes in federal and state law and administrative regulations. Findings by the EPA, such as designations of counties as “attainment areas” or “nonattainment areas,” may significantly increase or reduce the size of the program and the cohort of vehicles subject to inspection. Such findings may also eliminate the need for the program altogether. In the event that the EPA or the state Legislature should eliminate the need for the WVIP, this contract may be terminated at any time without penalty to the Department. The Department notes that it believes program termination to be unlikely. 1.9 Certification for collection of sales and use tax The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. 1.10 VendorNet registration The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities. If questions exist about VendorNet, call the VendorNet Information Center at 1-800-482-7813 or, for Madison area organizations; call 608-2647898. Also, register for WisDOT’s vendor database by accessing our Purchasing web site: http://www.dot.wisconsin.gov/business/purchase/index.htm or by contacting via e-mail at tipscorrespondence.dbm@dot.wi.gov or via telephone at 608-267-7723. 1.11 Confidentiality Contractor acknowledges that some of the data and documentation it may become privy to in the performance of this contract is of a confidential nature. Contractor shall make all reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such confidential information. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 14 of 80 Contractor or its employees and subcontractors will not reuse, sell, or make use in any format the data researched or compiled for this contract for any venture, profitable or not, outside this contract. Contractor agrees to observe complete confidentially with respect to all aspects of any confidential information, proprietary data and/or trade secrets and any parts thereof, whether such contents are the State's or the manufacturer's, proposer's, or distributor's whereby Contractor or any Contractor's personnel may gain access while engaged by the State or while on State premises. The restrictions herein shall survive the termination of this contract for any reason and shall continue in full force and effect and shall be binding upon the Contractor or its agents, employees, successors, assigns, subcontractors, or any party claiming an interest in this contract on behalf of or under the rights of Contractor following any termination. Contractor shall advise all Contractor's agents, employees, successors, assigns and subcontractors which are engaged by the State of the restrictions, present and continuing, set forth herein. Contractor shall defend and incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its agents, employees, successors, assigns and subcontractors regarding the restrictions herein. 1.12 WisDOT Website Development Requirements for Contractors Prior to building a website for WisDOT, the vendor must contact the WisDOT contract manager (primary WisDOT contact for the contract) to begin these requirements/reviews. Internet Web pages and applications that represent the Wisconsin Department of Transportation (WisDOT) must be uniform and consistent to assist customers in accessing information and to present the agency in a professional manner. Any party working to develop Internet, extranet or intranet pages or applications for WisDOT must adhere to certain procedures related to branding, usability and accessibility, and all applications must meet additional requirements obtained from BITS. In general, all web pages and applications developed for WisDOT must: A. Be developed in coordination with the three business units that oversee Web activities for the department – Bureau of Information Technology Services (BITS), Bureau of Business Services Web Unit (BBS/Web) and Office of Public Affairs (OPA). The WisDOT contract manager is the contact point for the vendor and for these three WisDOT entities. B. Comply with the following requirements, whether the pages/applications reside on WisDOT servers or on external, non-WisDOT servers. Any exemptions must be obtained from both BITS and the BBS/Web Unit. Our goal is to meet the following minimum requirements: 1. Pass WisDOT reviews scheduled by the WisDOT contract manager. These reviews are to be attended by the WisDOT contract manager, representatives from the contractor/agency, the Office of Public Affairs, the Bureau of Business Services Web Unit, and the Bureau of Information Technology Services. These reviews take place at three points: the conceptual stage, partway through development, and prior to implementation. Reviews will address presentation requirements outlined in this document. In cases of applications being developed, additional security and other requirements will be identified on a case-by-case basis at the first review and discussed at the remaining two reviews. 2. Use WisDOT provided branding (header, footer, stylesheets) – a. Use the provided URLs to link to the WisDOT files directly (preferred), or b. Request the files to be sent to you 3. Follow all requirements of Section 508 of the Rehabilitation Act (29 U.S.C. 794d) http://www.access-board.gov/sec508/standards.htm#Subpart_b and W3C WCAG 2.0 Guidelines http://www.w3.org/TR/WCAG20/ 4. Pass validations at www.section508.info, and www.wave.webaim.org WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 15 of 80 5. The site must look and function properly in all browsers that account for 5% or more of total usage, as reported at http://www.w3schools.com/browsers/browsers_stats.asp, unless you were given a shorter browser list by WisDOT BITS, in writing. 6. Pages must not scroll horizontally at 1024x768 resolution. 7. Use the WisDOT stylesheets to control fonts, link attributes, bullets, headings, backgrounds, leading, kerning, margins, and the appearance of text fields, text field labels, drop-down box text, text entered by user, radio button/check box labels, and buttons. Do not override the WisDOT stylesheets. 8. Ensure that label tags identify field labels, heading tags accurately convey page structure, all images have alt tags, and underlining is reserved for hyperlinks only. Heading1 style is limited to the page title only. 9. Do not use Shockwave, Flash, ActiveX, Silverlight, Applets, or frames, unless agreed to at the conceptual review meeting with OPA, BITS and BBS/Web. If any of these are approved at the conceptual review, an alternative that does not use these technologies must also be provided to site users. 10. Provide a link for users to obtain the appropriate viewer for any non-HTML files used. 11. For multimedia files, provide the file size, playing time, and full transcripts. 12. Use a .gov domain obtained and registered through WisDOT. Additional domains that redirect to the .gov domain are permissible. 13. Adhere to WisDOT’s graphic identity standards for use of the WisDOT logo listed at http://www.dot.wisconsin.gov/library/publications/graphic-standards.htm. 2 PREPARING AND SUBMITTING A PROPOSAL 2.1 General instructions The evaluation and selection of a contractor will be based on the information submitted in the proposal plus references and any required on-site visits, interviews/presentations or demonstrations. Proposers should respond clearly and completely to all requirements. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a proposal. Elaborate proposals (e.g. expensive artwork), beyond that sufficient to present a complete and effective proposal, are not necessary or desired. WisDOT encourages all proposers to print their submission double-sided to save paper 2.2 Incurring costs The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP 2.3 Submitting proposals Proposers must submit, in a sealed package, One Original (identify) PLUS 4 copies of all materials required for acceptance of their proposal on or before 2:00 p.m., June 2, 2011 to: U.S. Mail: Purchasing WI Department of Transportation 4802 Sheboygan Ave., Room 751 PO Box 7396 Madison, WI 53707-7396 UPS, Fed Ex, etc.: Purchasing WI Department of Transportation 4802 Sheboygan Ave., Room 751 Madison, WI 53705 A proposer can hand deliver their proposal package on or before the date and time listed above. Because of increased building security, access to the WisDOT Purchasing Office is restricted and may cause delay if hand delivering your proposal. Allow ample time for security clearance to room 751. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 16 of 80 All proposals must be time-stamped by the WisDOT Purchasing Office by the stated time. Proposals not so stamped will not be accepted. Receipt of the proposal by the State mail system does not constitute receipt of the proposal by the WisDOT Purchasing Office. WisDOT does not accept facsimile machine or e-mail submitted proposals. All proposals must be packaged, sealed, and show the following information on the outside of the package: Proposer's Name and Address Request for Proposal Title Request for Proposal Number Proposal Due Date COST PROPOSAL: Submit Original plus one (1) copy (Attachment E). Seal in an envelope and submit within the proposal package. The outside of the envelope should clearly state “Cost Proposal” and the name of proposer. 2.4 Proposal organization and format Proposal should be typed and submitted on 8.5 by 11 inch paper and bound securely. Proposers responding to this RFP must comply with the following format requirements: a) Tab 1 - COVER LETTER, RFP SIGNATURE PAGES, DESIGNATION OF CONFIDENTIAL & PROPRIETARY INFORMATION FORM, and PROPOSER INFORMATION SHEET: Include here any cover letter, the RFP signature pages 1 & 2, any addendum/amendment signature pages, the designation of confidential & proprietary information form found in the front section of the RFP; and completed Attachment A--Proposer Information Sheet found at the back of this RFP. Proposals submitted in response to this RFP must be signed by the person in the proposer's organization who is responsible for the proposal submittal, including prices. Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any addendums/amendments thereof. b) Tab 2 - RESPONSE TO PROPOSER INFORMATION AND SOLUTIONS: Responses to the requirements in the proposer information and solutions must be in the same sequence and numbered as they appear in this RFP. Include here completed Attachment B--References Sheet and Attachment D --Mandatory Requirements found at the back of this RFP. c) Tab 3 - WISDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN: Proposers must detail their action plan for potential MBE subcontracts and/or MBE second-tier agreements. Include here completed Attachment C found at the back of this RFP. d) Separate Envelope - COST PROPOSAL--Attachment E found as a separate attachment posted on VendorNet. Provide cost information as detailed in section 6.0 in this RFP. All costs, as requested, for furnishing the product(s) and/or service(s) must be included in this proposal. The cost proposal must NOT be listed in any other part of the proposal response. WISCONSIN DEPARTMENT OF TRANSPORTATION 3 RFP #268291 Page 17 of 80 2.5 Multiple proposals Multiple proposals from a proposer will be permissible; however each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc. on each page included in the response 2.6 Withdrawal of proposals Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal, in writing, at any time up to the proposal due date and time or upon expiration of 180 days after the due date and time. The written withdrawal notice must be received by the Purchasing Agent or Purchasing Supervisor managing this RFP process. The notice must be signed by an authorized representative of the proposer. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal due date and time. PROPOSAL SELECTION AND AWARD PROCESS 3.1 Evaluation Committee WisDOT's evaluation committee will consist of members who have been selected because of their special expertise and knowledge of the service(s) and/or product(s) that are the subject of this RFP. Proposers may not contact members of the evaluation committee except at the WisDOT's request. 3.2 Preliminary evaluation The proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements shall result in the proposal being rejected. In the event that all proposers do not meet one or more of the mandatory requirements, WisDOT reserves the right to continue the evaluation of the proposals that most closely meet the mandatory requirements of this RFP. 3.3 Right to reject proposals The agency reserves the right to reject any and all proposals. 3.4 Proposal scoring Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. The committee may review references, request interviews/presentations, conduct demonstrations and/or conduct on-site visits. 3.5 Evaluation criteria The proposals will be scored using the following criteria: A. B. Description Proposer Information and Solutions (section 4.0) 4.2 Organization capabilities 4.3 Staff qualifications 4.4 Proposer Solutions Points 5000 200 300 4500 Cost Proposal (section 6.0) 1000 TOTAL 6000 WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 18 of 80 3.6 Interviews/presentations and/or site visits Top-scoring proposers, based on the evaluation of the written proposal, may be required to have interviews/presentations to support and clarify their proposals, if requested by the State. The State will make every reasonable attempt to schedule each interview/presentation at a time and location that is agreeable to the proposer. Failure of a proposer to complete a scheduled interview/presentation to the State may result in rejection of that proposer's proposal. The WisDOT may conduct site visits of proposer and/or references’ facilities to clarify or confirm proposal information. 3.7 Final evaluation Upon completion of any interviews/presentations by proposers, the WisDOT's evaluation team will review their evaluations and make adjustments to the requirements scores based on the information obtained in the interview/presentation, demonstration, possible reference checks, and any other pertinent proposer information. 3.8 Award and final offers Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer after the original evaluation process is complete. Alternatively, the highest proposer or proposers may be requested to submit best and final offers. If WisDOT requests best and final offers, they will be evaluated against the stated criteria, scored, and ranked by the evaluation committee. The award will then be granted to the highest scoring proposer following that process. However, a proposer should not expect that WisDOT will request a best and final offer. 3.9 Notification of intent to award All proposers who respond to this RFP will be notified in writing of WisDOT's intent to award the contract(s) as a result of this RFP. After notification of the intent to award is made, and under the supervision of agency staff, copies of proposals will be available for public inspection from 7:30 a.m. to 4:00 p.m., in the WisDOT Purchasing Section, Room 751, 4802 Sheboygan Avenue, Madison, Wisconsin. Proposers should make appointments to ensure that space and time are available for the review. Contact the Purchasing Agent managing this RFP process. 3.10 Appeals process The appeals process applies only to those requests for proposal for services that result in a contract greater than $25,000. Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify Wisconsin Statutes and Wisconsin Administrative Code provisions that are alleged to have been violated The written notice of intent to protest the intent to award a contract must be filed with Mark Gottlieb, P.E.; Secretary, Wisconsin Dept. of Transportation, 4802 Sheboygan Avenue, PO Box 7910, Madison, WI 53707, phone number 608-266-1114, facsimile number 608-266-9912, and received in his office no later than five (5) working days after the notice of intent to award is issued. The written protest must be received in his office no later than ten (10) working days after the notice of intent to award is issued. The decision of the head of the procuring agency may be appealed to the Secretary of the Wisconsin Dept. of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency. The appeal must allege a violation of a Wisconsin Statute or a provision of the Wisconsin Administrative Code. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 19 of 80 3.11 Negotiate contract terms The agency reserves the right to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the agency may negotiate a contract with the next highest scoring proposer. 4 PROPOSER INFORMATION AND SOLUTIONS Submit response under Tab 2 of proposal--see section 2.4 for proposal submittal format. 4.1 Mandatory requirements The following requirement(s) are mandatory and the proposer must satisfy them as a pass/fail prescreening requirement. Any proposal submitted not in compliance with mandatory requirements will be rejected and not evaluated or scored. (Provide responses on Attachment D) 4.1.1 Experience with Jurisdictional Emission Inspection Programs Proposer must have served as the primary contractor responsible for operations for the motor vehicle emission inspection programs of at least two states or other governmental jurisdictions for a combined total of five years. Proposers must describe their experience in this area in detail. 4.1.2 Experience with Hybrid / Decentralized Emission Inspection Programs Proposer must have operated a hybrid or decentralized motor vehicle emission inspection program in at least one governmental jurisdiction for a period of at least three years. Proposer must describe the experience that meets this qualification in detail. 4.2 Organization capabilities (200 possible points) Describe the organization/company's experience and capabilities providing similar services to those required. Be specific and detail no more than 5 projects/contracts: description of work, dates, locations, and results. 4.3 Staff qualifications (300 possible points) Describe, in detail, the management structure it intends to use for the implementation and operation phases of the contract. This description should, at a minimum, identify key management positions and duties for each position. The description should specify whether each position will be utilized during one project phase, the other, or both, and describe how duties might vary between the two phases if a position will be utilized in both. Detail the subcontractors, if any, that would be used and what services they would perform. The Proposer shall provide the identity of (and a curriculum vita for) a full-time Program Manager. The Program Manager will be the primary point of contact for the Department during both the implementation and operation phases of the contract. Each Proposer shall designate individuals to fulfill the proposed roles, and summarize qualifications for each. The Contractor shall not make changes to key management personnel without prior Department written approval. WISCONSIN DEPARTMENT OF TRANSPORTATION 4.4 RFP #268291 Page 20 of 80 Proposer Solutions (4500 possible points inclusive of subsection totals below) 4.4.1 Implementation Schedule (100 possible points) In its implementation plan, the Proposer shall provide the Department with a detailed schedule for the implementation of the WVIP (the Implementation Plan), consisting of the following at a minimum: A calendar of implementation phase tasks with start and finish dates for each task – and major milestones selected from these tasks – itemizing each and specifying the number of days after the contract start date that the Contractor will complete each task during the implementation phase; A critical path for accomplishing each such task and sub-task (also measured in days from the contract start date), which shall show the sequence and timing of operations required for the orderly performance and timely completion of tasks and sub-tasks. Tasks that must be addressed in the implementation schedule include: 4.4.2 Facility Selection and Recruitment; Vehicle Inspection Database Management System (VIDMS) Development and Testing; Data Migration and Testing; Training Schedule for Staff – Contractor, PIF, Customer Service, and Department; Acceptance Testing; Public Information Program. PIF Selection and Recruitment (400 possible points) Provide a detailed, comprehensive process for selecting, recruiting, and contracting with inspection facilities. This plan must address the following in detail: The plan for selecting sites that are sufficiently geographically diffuse that all motorists subject to testing can access an inspection facility within ten miles of their vehicles’ registered domiciles. The method for selecting sites in sufficient number to ensure that motorists can obtain tests six days per week, and can obtain tests on a drive-up basis within a reasonable period of time, without an appointment. Include a description of the proposed number and geographic distribution of inspection facilities, and provide in detail your firm’s target wait times and average driving distances for the typical motorist in each county subject to testing. The Proposer’s plan for ensuring that each inspection facility has staff on hand who are qualified and trained to conduct emission tests. A detailed discussion of the contractual and financial arrangement between the Proposer and the inspection facility covering the deployment of Proposer-provided emission test hardware and inspection facility access to the Proposer’s data management system. Motorists shall not be charged for an emission test provided under the contract, except that motorists may be charged $15 for the third and subsequent re-tests within a single registration renewal cycle, and for tests requested by motorists not otherwise subject to emission testing. WISCONSIN DEPARTMENT OF TRANSPORTATION 4.4.3 RFP #268291 Page 21 of 80 Propose procedures for resolving damage complaints and other complaints relating to services provided (see 5.1.27). Describe measures your firm will take to address solicitation issues as described in Section 5.1.29.8.1. Provide detailed justification and support for your firm’s methodology in selecting private inspection facility sites. Indicate how the wait time criteria (specified by the Proposer) will be met at each inspection facility in its proposed inspection network. Proposers must provide the maximum and average lane throughput capacities, lane/inspection facility utilization rates, and other design parameters that they have used in developing their network design. Technical Assistance Centers (250 possible points) Provide a detailed plan for the establishment of Technical Assistance Centers (TACs). This plan may utilize technical assistance centers placed within motor vehicles (mobile technical assistance centers) in lieu of fixed site facilities. The plan must address at least the following issues: 4.4.4 The number and qualifications of the personnel who will staff the TACs. The types of facilities and / or vehicles that will be used. The hardware and software with which the TACs will be equipped. The proposed hours of operation. The services to be provided by the TACs. How the Proposer intends to use the TACs to grant diagnostic test waivers. A complete analysis of the ability of the proposed TACs to meet the needs of motorists and the repair community in an efficient, expeditious fashion. Repair Facility Registration and Recognition (150 possible points) The Proposer shall provide a detailed narrative of its plan to identify and enroll Registered Repair Facilities and Recognized Repair Facilities, as described in Section 5.1.29.9. Appendix 5 provides a current listing of recognized and registered repair facilities. 4.4.5 Vehicle Inspection Database (VID) (400 possible points) The Proposer shall describe the following elements of the VID it proposes to create and maintain for the WVIP, with particular attention to the following elements: Transactional VID Inspection Results Vehicle Data Vehicle Reference Table Vehicle Compliance Data Inspection Rules WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 22 of 80 The following are rules for the operation of the VID established by the Department. These should be used as guideposts by Proposers while developing the VID: Covert Data The VID must store information about the covert vehicle fleet and mark inspections performed on these vehicles as covert inspections. Document Metadata The VIDMS must include any tables required to support storage and searching of documents and document metadata. Inspector Data Inspector assignment data must be stored in the VID. Reference Data The VID must include reference tables (i.e., lookup tables) to store codes needed for efficient operation of the VIDMS. The tables must be structured to maintain a history and audit trail of any changes. Reference tables shall be developed by the Contractor, and approved by the Department, during the VIDMS design process. Repair Data The VID must accept and store repair data from PIFs and other repair shops using a web-based interface. Repair data that are transmitted as part of an inspection must be linked to the inspection itself. Final repair data elements shall be determined by the Contractor, and approved by the Department, during the VIDMS design process. User The VID shall include tables that contain data that uniquely identify users who have access to the database and their roles. Transaction Log The VID shall store log entries that record each transaction within the database. Transactions and transaction logs shall be archived based on a schedule to be determined by the Contractor and approved by the Department. Other Logs Activity log: The Contractor must maintain a database change log to support recovery, rollback, and other database management and maintenance activities. User Log: The Contractor must maintain a log of user activity. The use of existing VID technology with customization for the WVIP is permissible. 4.4.6 Vehicle Inspection Database Management System (VIDMS) (400 possible points) Detail in your firm’s intended VIDMS design, development and testing procedures, and deployment (See Section 5.1.5, et. al.) 4.4.6.1 Provide information detailing the rules engine system your firm intends to implement, and describe how this rules engine will meet the requirements described in Section 5.1.8. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 23 of 80 4.4.6.2 Identify and describe the appropriate web services to manage each transaction type required for the WVIP. Identify the errors that could be generated during each type of exchange and specify how the errors shall be handled. For example, if the inspection equipment attempts to send an inspection transaction to the VID but the VID is not available, the inspection equipment software should store the results locally and attempt the submission again at a later time. The Contractor must also implement processes to assure that if an error is encountered, the VID shall continue to be accessible; i.e., expected and unexpected errors shall not shut down the VID. 4.4.6.3 Propose and describe a web interface to the VIDMS that supports both internal and external users (see 5.1.11). 4.4.6.4 Detail and describe your firm’s plans to provide a web-based reporting engine that will permit the Contractor and the Department to successfully monitor test data, detect patterns of fraud, comply with state and federal laws and reporting requirements, and engage in other statistical analyses to ensure customer satisfaction and program integrity. Describe your firm’s method for authenticating users and ensuring that data are available to users in a manner appropriate with the users’ roles in the program. Describe your firms plans for ensuring that data generation can be automated and scheduled, and that data can be exported from the system in multiple formats at the option of the user (See Section 4.4.6.5). 4.4.6.5 Provide a data security component in your firms VIDMS management plan, detailing your firm’s approach to securing all VIDMS components and meeting security requirements. Approach and detail each of the following elements of network security: 4.4.7 Software and Application Security Database Security Data Transmission Security Inspection Equipment and Software Security Server Security OBD Test Equipment Design (400 possible points) 4.4.7.1 Hardware The Proposer shall provide a detailed OBD test equipment design plan in its proposal. The test system design must address at least the following elements: Automated identification of the vehicle presented for testing; Ability to identify a vehicle’s test readiness; Storage of the results of all official tests, regardless of outcome; Real-time verification of test eligibility; Ability to transmit test results to the Contractor’s database in real time, as well as ability to capture and retain test results in the event of a network outage, and transmit the results once network connectivity is restored WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 24 of 80 Continuous (real-time) reporting of the operational status of the test lane, including an indication of whether the lane is opened, closed, or down for maintenance; Continuous reporting of wait times, throughput rates and other operational information; Transfer of video surveillance records of each test to the Contractor’s central database; Features to identify and prevent fraudulent operation and testing; Provisions to ensure that tests are being performed by certified inspectors; The ability to make pass/fail/reject determinations based upon evaluation of OBD data retrieved from the vehicle via the OBD diagnostic link. Manual entry of OBD test results is prohibited; The ability to produce a written record of inspection results which will include a Department-approved VIR; and, Flexibility in design to allow the Department and Contractor to make any required running changes in OBD test system software and to electronically update changes to all test lanes network-wide. For each test lane, equipment configuration must include an OBDII scan tool and a mobile computing device equipped with inspection software, printer and bar code scanner. The configuration must be designed to accommodate all of the peripheral instruments connected simultaneously, and the system shall be tested in this manner. For illustrative purposes, Appendix 10 presents a sample of the VIR format currently in use in the WVIP. Note: The Department currently prints PDF417 format bar codes on certificates of registration and titles, but not on registration renewal notices. The Department anticipates adding such bar codes to registration renewal notices before the contract operations start date. 4.4.7.2 Software Provide a description of the software that your firm intends to install on inspection equipment. Address the following areas of concern in detail: Data Capture and Data Storage Versioning of Software in Test Data Records Process for Providing Software Updates to Inspection Equipment Handling of Equipment Not Receiving Timely Software Updates Online Help Provided to Inspection Equipment Operators Provisions for Inspection Equipment Audit by the Department Fraud and Tamper Prevention Provisions Provisions for Training Mode on Inspection Equipment Circumstances Producing Equipment Lockouts Inspector Authentication WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 25 of 80 4.4.7.3 Video Capture Devices Propose a network of video capture devices sufficient to fulfill those multiple purposes indicated in Section 5.1.29.6. Address camera placement at each inspection lane, the technology by which video images will be captured and archived, and the means by which the Proposer will index such recordings and make them available to the Department electronically. 4.4.7.4 Preventive Maintenance and Repair of Test Equipment The Proposer shall offer a plan for the maintenance and repair of the vehicle inspection equipment. The Proposer should address, at a minimum, the following issues in its plan: A schedule for preventive maintenance of equipment. The party responsible for the costs of normal consumables such as printer toner. Response times for equipment or network trouble calls by inspection facilities. Specific plans for the maintenance of a store of repair and replacement parts for test equipment to minimize downtime caused by equipment failures. 4.4.8 Test Procedure (250 possible points) Propose specific test sequence(s) as necessary to meet the functional and performance requirements of this RFP. See Section 5.1.2.2. for guidance on the technical requirements of the emission inspection. 4.4.9 Alternate Test Options (200 possible points) 4.4.9.1 Self Service Kiosks Address, in detail, the design elements of the kiosk machines your firm proposes to utilize. The proposal should provide information on the following: User Interface Display panel Cabinet design, including plans for: o Weatherproofing o Protection against vandalism and tampering Software design to prevent and deter fraud Printing mechanism and print speed Present field data demonstrating the touch screen monitor’s ability to operate year-round under conditions comparable to those it would be subjected to in the WVIP. 4.4.9.2 Fleet Self-Testing Propose procedures, and fully describe all equipment, to be used to accommodate the selftesting of commercial and government fleet vehicles participating in the WVIP. Additionally, state timeframes in which your firm could provide fully functional equipment to fleets once the fleets commit to acquiring it. 4.4.10 Training Program during Implementation Phase (250 possible points) The Proposer shall offer a plan for a comprehensive program of personnel training during the Implementation phase of the contract. This program may serve as the foundation for the WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 26 of 80 training program required during the Operations phase, and may use the same materials, personnel, and facilities. The program must detail the training to be provided to Contractor staff, PIF staff, customer service personnel, and Department staff, as described below: o Provide a detailed discussion of your firm’s plan for training all Contractor and Subcontractor personnel, including PIF employees, who will be directly associated with the operation of the WVIP. Proposals must detail where the classroom training will be provided and how the Proposer will ensure consistency of training to all participants. Innovative training delivery methods, such as computer and/or web-based training, are encouraged. o In addition to the training provided to lane inspectors, propose a plan to offer mandatory formal training to all personnel handling customer service duties for the Contractor. CSRs shall have completed lane inspector training and certification, and satisfactorily complete such additional instruction as the Proposer may describe, in detail, in its proposal. o The Contractor shall provide CSR training for Department personnel as may be necessary. The Contractor shall also provide specific training for all Department employees whose work responsibilities require access to the host computer system on-line data inquiry and transaction processing capabilities, on-line management reports, file transfer capabilities, and other required data handling system functions. o Describe a process for development of the certification regimen described in Section 5.1.16, and identify key personnel who will be responsible for the development of the testing and certification materials, process, and benchmarks. 4.4.11 Motor Vehicle Registration Products at Private Inspection Facilities (200 possible points) Describe your firm’s plan for recruiting and supporting private inspection facility participation in Wisconsin’s third party vehicle registration and titling program. Provide targets and timelines for participation by PIFs in this program. 4.4.12 Acceptance Testing (250 possible points) Provide as part of each technical proposal a detailed acceptance test procedure (ATP) outline, which, upon its approval by the Department, the Contractor shall use to demonstrate the operational readiness of each inspection facility and the data management system. 4.4.13 Customer Support / Phone Operations (400 possible points) 4.4.13.1 PIF Helpline and Equipment Troubleshooting / Support Your firm should present a plan in its proposal for providing comprehensive customer support for private inspection facilities during all of their operating hours. This plan should include the following: Technical support for lane inspectors encountering difficulties with inspection equipment. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 27 of 80 A telephone hotline or equivalent option to permit inspection facilities to report equipment or network outages, and to obtain troubleshooting and on-site service for failed equipment in conjunction with the Proposer’s PIF equipment support plan in section 4.4.7.4. A means of contact during regular business hours for prospective subcontractors wishing to enter the WVIP for the purposes of offering vehicle inspections, or for existing subcontractors to discontinue their participation in the program. 4.4.13.2 Motorist Hotline Describe the operation of a comprehensive customer support service that, at a minimum, performs all the services described Section 5.1.19. Proposers are encouraged to propose more expansive or innovative ways of delivering customer support. 4.4.14 Public Information Program (350 possible points) The Proposer shall provide an overview of the public information program it intends to offer more fully during the implementation and operation phases, as described in section 5.1.20. 4.4.15 Operations Plan (500 possible points) The Proposer shall offer the following as elements of an Operations Plan: 4.4.15.1 Staffing Plan This element describes proposed staffing levels, including the numbers of management, implementation and quality assurance specialists, and other personnel employed by the Proposer and its subcontractors during operations (see section 5.1.24 for further details); 4.4.15.2 Personnel Chart This element contains job descriptions, duties and responsibilities of all Proposer personnel involved in program operations. 4.4.15.3 Training: o Provide a detailed discussion of your firm’s plan for training all Contractor and Subcontractor personnel, including PIF employees, who will be directly associated with the operation of the WVIP. Proposals must detail where the classroom training will be provided and how the Proposer will ensure consistency of training throughout the term of the contract period. Innovative training delivery methods, such as computer and/or web-based training, are encouraged. o In addition to the training provided to lane inspectors, propose a plan to offer mandatory formal training to all personnel handling customer service duties for the Contractor. CSRs shall have completed lane inspector training and certification, and satisfactorily complete such additional instruction as the Proposer may describe, in detail, in its proposal. o The Contractor shall provide CSR training for Department personnel as may be necessary. The Contractor shall also provide specific training for all Department employees whose work responsibilities require access to the host computer system on-line data inquiry and transaction processing capabilities, on-line management reports, file transfer capabilities, and other required data handling WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 28 of 80 system functions. o Describe a process for development of the certification regimen described Section 5.1.16, and identify key personnel who will be responsible for the development of the testing and certification materials, process, and benchmarks. o Describe a process for development of the refresher/renewal regimen described Section 5.1.16.2.2, and identify key personnel who will be responsible for the development of the testing and certification materials, process, and benchmarks. 4.4.15.4 Quality Assurance and Quality Control This element addresses how the Contractor will ensure that all program operations are performed in conformance with Department requirements. It also details the ways in which the Contractor will facilitate State surveillance activities and advance the Department’s effort to maintain program integrity. It will address the following items, at a minimum: Provide a plan for conducting periodic performance audits to verify data quality and the overall effectiveness of program operations. The plan will specify the general approaches to be used in conducting such audits, the frequency of such audits, and the method(s) for reporting the outcomes to the Department. The Proposer shall also address the means by which archival reports will be made stored and made available to the Department to support an administrative or civil hearing. Describe your firm’s plan for providing the Department with ongoing reporting at regularly-scheduled intervals, addressing quality control issues. Include the statistical measures and methodologies your firm intends to use to communicate the results of its quality assurance program since the last reporting period. Detail a plan for conducting periodic record and data audits to ensure program integrity and to account for program materials, equipment, and funds. The plan will generally address the approaches to be used in conducting such audits (on-site visits, computerized analysis), the frequency of such audits, and the method(s) for reporting the outcomes to the Department. 4.4.15.5 Termination Activity This element addresses how, as the contract term approaches, the Contractor will discharge its remaining obligations under the Contract on a timely basis and in a manner consistent with the intent and requirements of the Contract. 4.5 Proposer references Proposer must include in their proposal a list of organizations and/or clients (but no more than 5) with whom the proposer has done business in the last 5 years similar to that required by this solicitation. Include points of contact (person’s name, company name, address, and telephone number) and a brief description of the project or assignment that was the basis for the business relationship. Completed Attachment B--References Sheet (attached) will be considered your response to this section. (NOTE: Potential subcontractors or DOT staff ‘cannot’ be references.) WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 29 of 80 The procuring agency will determine which, if any, references to contact and/or to visit to assess the quality of work performed, the personnel assigned to the project, and/or to see the product in use. The proposer will not be present during any reference check site visits. If contacted, all references must verify that a high level of satisfaction was provided. WisDOT may also utilize other pertinent sources of information regarding the services provided by the proposer. 5 CONTRACT REQUIREMENTS 5.1 Contract requirements The Contractor is expected to fulfill the following contract requirements. Consider these requirements when responding point by point to Section 4 Proposer Information and Solutions. WisDOT intends to award the “Establishment and Operation of a Motor Vehicle Inspection Program” contract by July 1, 2011. The program established under this contract must be fully operational, consistent with all of the requirements of this RFP, no later than July 2, 2012. 5.1.1 Implementation Plan The contract implementation phase represents the time period between contract start date and the day on which the Contractor begins performing 100 percent of the WVIP tests. The implementation plan submitted by the successful Proposer (see Section 4.4) will become a part of the contract, and shall be the basis for the Contractor’s activities during the implementation phase of the contract. As such, the Contractor will not be permitted to amend implementation schedules or to reduce staffing levels, qualifications, functions or training for personnel from those stated in the plan without prior written Department approval. The Contractor shall provide the Department with written notice and description of any proposed change to an approved implementation plan. 5.1.2 WVIP Program Detail and Technical Requirements The Contractor shall design, implement and operate an OBDII-only I/M program for the entire WVIP area on WisDOT’s behalf in accordance with this RFP and terms and conditions in the contract. The Contractor will not need not provide for any tailpipe testing or gas cap integrity testing in its program. The Contractor shall operate the WVIP in accordance with Wisconsin law and rules and the federal requirements for a low enhanced I/M program. Program operation is also subject to all requirements established in this RFP and the resulting contract. 5.1.2.1 Program Detail 5.1.2.1.1 Inspection Frequency Wisconsin statutes require vehicle emissions inspections to be performed on a biennial basis, beginning in the third calendar year (four year new vehicle grace period) following the model year of the vehicle (i.e., MY 2006 vehicles will be tested in 2009, 2011, 2013, etc.). 5.1.2.1.2 Subject Vehicles Model year 1996 and newer vehicles registered in the affected area are required to be inspected, except those that were not required by federal law to be OBDII-compliant. Motorcycles, certain diesel-powered vehicles, and other vehicles noted in Section 1.3.3.1 are exempt. Alternative fuel vehicles (such as those powered by propane, WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 30 of 80 compressed natural gas, ethanol, etc.) and gasoline-powered hybrid vehicles are subject to inspection. Table 2 summarizes which vehicles will be subject to testing at the contract start date. Table 2. Vehicles Requiring Testing Under New WVIP Contract Vehicle Type MY 1996 and newer gas-powered passenger vehicles up to 8,500 lb. GVWR MY 1996 and newer alternative fuel-powered passenger vehicles up to 8,500 lb. GVWR MY 2007 and newer gas-powered vehicles between 8,501 lb. and 14,000 lb. GVWR MY 2007 and newer alternative fuel-powered vehicles between 8,501 lb. and 14,000 lb. GVWR MY 2007 and newer dieselpowered vehicles up to 14,000 lb. GVWR 5.1.2.1.3 Geographic Area of Applicability Emissions inspections are required of all subject vehicles registered in Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha Counties. Detailed maps are available online at www.dot.wisconsin.gov/travel/maps/county.htm.) 5.1.2.1.4 Testable Vehicle Populations Appendix 1 contains current registration counts by ZIP code. Upon request, the Department will provide Proposers with more detailed registration data for the testable fleet, including any or all of the following: VIN; Model Year; Make; Model; Vehicle type; Fuel type; ZIP Code; Exempt Status Additionally, Appendix 2 provides the Department’s initial OBDII-only inspection volume forecasts through 2018. These forecasts primarily reflect I/M area population projections, application of an average number of vehicles owned by driving-age Wisconsin residents, and WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 31 of 80 aggregate OBDII vehicle test failure rates based on recent historical data. Test volume forecast components for vehicles being added to the testable fleet in 2010 per Table 2 above, are based on estimated aggregate failure rates applied to recent fleet volume estimates that ENVIRON developed for the Lake Michigan Air Directors Consortium (LADCO). 5.1.2.1.5 Assigning Vehicles for Testing The Department currently notifies motorists that their vehicle(s) are due for testing as part of its registration renewal mailing routine. The Department anticipates continuing to handle this element of the program, either directly or through use of a third party, through the term of this contract. 5.1.2.1.6 Motorist Inspection Fees Under the new contract, motorists will continue to be subject to the existing test fee schedule. They will pay no fee for their initial test and first two retests but will pay $15 per test for subsequent retests and for any voluntary tests. 5.1.2.2 Technical Requirements 5.1.2.2.1 General The OBD test shall consist of making appropriate connections to the vehicle's OBD system for the purpose of interrogating the on-board computer to determine vehicle readiness status, malfunction indicator lamp (MIL) command status, and any stored diagnostic trouble codes (DTCs) that are present. Additional information shall also be retrieved from the vehicle and be used for test validation, test quality assurance, and reporting purposes. Based upon data retrieved, a pass, fail or reject determination will be made. OBD tests shall be conducted in accordance with procedures specified in Trans 131.06, Wis. Adm. Code. State administrative rules do not include specific step-by-step requirements dictating OBD communication and test sequencing. 5.1.2.2.2 OBD Inspection Policies 5.1.2.2.2.1 OBD Reject Policy As noted in Section 1.3.3.2, Wisconsin follows U.S. EPA OBD implementation guidance regarding the number of allowable unset readiness monitors. For MY 1996 – 2000 vehicles, up to two non-continuous monitors can be “not ready,” and for MY 2001 and later vehicles, one non-continuous monitor can be “not ready.” On retest, all applicable monitor checks must be complete for the component(s) for which the vehicle failed its previous OBD inspection, or be rejected from testing. Exceptions to these rules have and will continue to be implemented on a vehicle-specific basis. Appendix 4 WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 32 of 80 contains the exception table currently used in the WVIP to address known readiness and OBD testability issues. Vehicles whose data link connector (DLC) has been obstructed by installation of aftermarket equipment shall be rejected and required to relocate the equipment or the DLC. 5.1.2.2.2.2 Voluntary Inspection Policy Wisconsin administrative code allows motorists to present vehicles for inspection on a voluntary basis. The Contractor shall charge a fee per voluntary inspection, to be determined by the Department. Upon collection of the required fee, and creation of a VID vehicle record (if not already included in the VID), the vehicle shall be tested in accordance with applicable test procedures. Results of the test shall be provided to the motorist and recorded on the test database. Currently, voluntary test results are not used to determine or establish compliance with Wisconsin’s law. Passing tests do not change the vehicle’s assigned test date or compliance status. 5.1.2.2.2 5.1.3 Reciprocity Inspection Policy The WVIP tests vehicles registered in and subject to emissions test requirements of other jurisdictions, if they are presented for inspection. The Contractor shall charge a fee per reciprocity inspection identical to the voluntary inspection fee. Upon collection of the required fee, and creation of a VID vehicle record (if not already included in the VID), the vehicle shall be tested in accordance with applicable test procedures. Private Inspection Facility Requirements During the implementation phase, the Contractor will recruit private inspection facilities that will offer OBDII emission tests. This recruitment process shall continue into the Operations phase, both to expand the network of inspection facilities and to replace facilities that elect to leave the program. These facilities may, but need not, be a set of franchises or otherwise related business enterprises. They may be businesses that engage in vehicle repair work. The Contractor may have an ownership interest in any or all of the private inspection facilities. Private inspection facilities are facilities equipped by the Contractor with suitable test equipment, ancillary equipment, and VID connection to conduct tests on behalf of the WVIP. The owners of these facilities shall serve as Subcontractors to the Contractor, except in the case of PIFs owned by the Contractor. PIF sites are subject to the following: 5.1.3.1 Location Ingress and egress from the each inspection facility site shall not impede traffic flow on adjacent streets or highways. 5.1.3.2 PIF Inspection Equipment WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 33 of 80 All PIFs must use emissions inspection equipment that is provided and maintained by the Contractor. 5.1.3.3 Payment Structure Pursuant to the terms of the contract between the Contractor and the inspection facility, the Contractor may charge fees to the PIFs that will reimburse the Contractor for the cost of the inspection transactions, emissions equipment, and emission equipment maintenance. The fees for any optional services the Contractor provides to the PIFs, with the exception of third party registration processing agency, are not part of this RFP and can be negotiated with individual facilities. There shall be no costs to the State for any of the optional services. All costs associated with the provision of any optional services will be paid directly by the PIFs. The Contractor shall bill and collect any fees charged to the PIFs. The Contractor’s billing system and all related documents and communications must be open to State inspection and the Contractor must cooperate with the State so that the State can properly perform any such audits. The Contractor may lock out the inspection equipment at any PIF that is more than 90 days behind in paying the Contractor’s charges. The Contractor shall not refuse to accept completed test results from private facilities for any reason. 5.1.3.4 Facility Requirements 5.1.3.4.1 Signs Each inspection facility shall feature a sign approved by the Department. This sign shall clearly state: that it is a Department-approved OBD inspection facility whether it is open or closed, and its hours of operation. The Contractor shall furnish each PIF with the signage that identifies it as an official WVIP inspection site. The Contractor shall be responsible for ensuring that this signage remains posted and in good condition for the duration of each PIF’s participation as an official test site. For all PIFs participating effective with the operations start date, signage must be posted no later than three (3) weeks prior to this date. 5.1.3.4.2 Department Approval Each PIF site will be subject to Department approval. The Contractor shall submit detailed site reports for each proposed PIF. Site reports shall contain preliminary plans showing the configuration and layout of facilities and information sufficient to demonstrate compliance with all specifications listed. 5.1.3.4.3 Inspection Facility Building Design Requirements Inspection Facility buildings shall meet the following requirements: Code Requirements Buildings and emission inspection activities shall conform to all local zoning laws, ordinances, and building codes. Safety and Fire Requirements Buildings shall conform to local and state fire and safety regulations, and to requirements of the federal Occupational Safety and Health Act. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 34 of 80 5.1.4 Additional Requirements Each building shall provide the following: o A publicly accessible restroom; o Adequate space for secure storage of operating and maintenance supplies, materials, and back-up equipment; and, o Adequate provisions for the security of facilities, equipment, test fees, and records. Technical Assistance Centers The Contractor shall establish and operate a technical assistance program in conjunction with operation of the inspection facilities. This program includes operation of Technical Assistance Centers (TACs) and routine repair community support. The TACs may be fixed structures, mobile vehicular-based units, or some combination of the two. TACs will provide all manner of diagnostic assistance to repair technicians and motorists – including help addressing OBD readiness issues – as well as referee services for disputed test results. The Contractor shall supply all equipment and software used for performing official emissions inspections at all fixed and mobile TACs. If the Contractor elects to establish fixed TAC sites, the Contractor shall select fixed TAC sites that are located in population centroids within the WVIP program area. 5.1.5 Vehicle Inspection Data Management The Contractor shall be responsible for developing, installing, maintaining, and operating a Vehicle Inspection Data Management System (VIDMS) for the Wisconsin Vehicle Inspection Program, for the life of the contract. The VIDMS consists of: 5.1.6 Inspection software that manages the inspection equipment and processes, generates VIRs, prepares inspection transactions, communicates with the VID, and performs other functions; The Vehicle Inspection Database (VID), which is the electronic repository of all vehicle data, inspection results, repair information, and other information required to support the inspection process, such as reference tables and inspection rules; The VID data warehouse, which stores key VID data in a format optimized to support Department data analysis, program monitoring and analysis, and reporting activities; An interface between the VIDMS and WisDOT’s I/M compliance system that provides real-time updates of the I/M tables with vehicle test data; and The associated hardware infrastructure. VIDMS Access, Hardware and Architecture The Contractor shall provide the infrastructure and host, operate, and maintain all aspects of the VIDMS. The VID and data warehouse shall be housed at a secured Contractor facility. The Contractor shall provide VIDMS access via a secure IP-based network with built-in redundancy and high availability. The communications interface with the Department’s vehicle registration database or other Department systems shall use XML- WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 35 of 80 based transactions and XML schema in a web services solution using industry best practices. The inspection equipment must perform inspections with or without VID connectivity. 5.1.7 Databases The VIDMS databases are the repositories for Program-critical data. Various Department personnel use these data to support day-to-day WVIP operations and to provide required reporting to both the Wisconsin DNR and U.S. EPA. 5.1.7.1 All VIDMS Databases The Contractor must meet the following minimum requirements for all VIDMS databases: Each record in every table in all VIDMS databases must include fields for record management and audit trail purposes. Data shall be archived according to rules developed with the Department. The databases shall include a data elements table that defines database fields, corresponding tags used across all schemas, corresponding bar code parameters, data types, etc. All timestamps shall be stored in GMT-06, US Central Time. Department personnel must have direct access to the VID production database and the data warehouse. Department personnel must have read/write access to the test environment for acceptance and preproduction testing. This includes ad hoc query capability. 5.1.7.2 Database Maintenance The Database must be designed to permit both Department and Contractor personnel to maintain the database content. Department personnel must be able to modify (add, change, inactivate) inspection-related data to correct errors. Any changes to rules or reference tables must be tested before being transferred to the production environment. Functionality must be provided to copy the test version of updates to production to avoid data re-entry and key entry errors. The Contractor must perform all activities required to maintain all VIDMS databases. These activities include, but are not limited to, the following: Reviewing server logs Monitoring space allocation Performing backups Refreshing indexes, analyzing tables, and conducting other activities required to optimize database stability and performance Conducting other database administration activities as required. 5.1.7.3 Data Warehouse The VIDMS data warehouse and associated data marts serve as the repository for inspection data used to support Department querying and reporting requirements. The data warehouse must contain all historical transaction data WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 36 of 80 in an aggregate and summarized form specifically structured for querying, data analysis and reporting. The Contractor must update the data warehouse from the transactional VID on a nightly basis at a minimum, using an extract, transform, and load (ETL) tool compatible with the database. 5.1.8 VIDMS Business Rules Both Wisconsin Vehicle Inspection Program operations and the process by which the VIDMS applies and enforces business processes, such as inspection rules, are subject to change. These changes are inherent in the program and may arise from changes in fleet population characteristics, new regulations for SIP compliance, new legislative requirements, or revised inspection requirements. Consequently the VIDMS must include a function to change business rules that does not require extensive system reprogramming. This function must be accessible via a web interface. It must be configured so as to minimize consequent technical implementation issues. The business rule tables must be accessible to all VIDMS subsystems, including decentralized inspection equipment, and these subsystems must be designed to leverage its functionality. The VIDMS business rule component must, at a minimum: Integrate with all other VIDMS components; Test and report on any conflicts with new or changed rules with no additional programming required; Provide a start date and timestamp and an end date and timestamp for each rule – this shall have the effect of inactivating outdated rules, leaving them available for historic reference – and ensure that rules are not physically deleted; Provide rule management functionality using a web interface, including: Rule mapping to owners Run the rules from a point in time that has passed Enter new rules to become effective on a future date Check rule consistency/collisions Version rules - A history of business rules shall be stored in the database Rule security Allow for testing, verification, and approval by the Department in the test environment before being transferred to the production VID. The Department prefers the use of a commercial off-the-shelf (COTS) rules engine, but will consider other designs that are equal or better and meet the requirements of this section. 5.1.9 Data Exchange Protocols – Web Services Examples of the types of web service functions that may be used to perform basic VID transactions such as transmitting data, reporting, querying, and updating include, but are not limited to, the following: Service(s) for data submission to the VID. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 37 of 80 Service(s) for updating data stored on the inspection equipment. A service to check availability of the VIDMS. Communications with Department databases shall use web services based on protocols provided by the Department’s Bureau of Information Technology Services during the Implementation phase. At present, the Department uses Data Exchange with XML (DEXML) and Department-defined schemas. 5.1.10 Data Exchange Protocols - Transactions All WVIP data transactions must be formatted as messages. The transactions shall be validated using schemas and internal business logic. Transaction IDs must be assigned to each transaction for tracking and logging. The transactions between the inspection equipment and the VID shall include but not be limited to the following: Transactions from inspection equipment to VID Vehicle ID request Inspection results Repair data Inspector certification and licensing data Update requests Acknowledgments Transactions from VID to inspection equipment Vehicle ID response Technical Service Bulletin (TSB) data Recall data Rules update Reference table update Software update Broadcast message Lockout update Acknowledgments The Contractor shall develop the schemas for the transactions, subject to approval by the Department. Transactions must be validated using the appropriate schema before being transmitted from the inspection equipment to the VID. Incorrectly formatted transactions must also be validated with a schema to allow for transmission to the VID regardless of content. Inspection equipment that transmits incorrectly formatted transactions shall be locked out after a limited number of occurrences to be determined by an entry in the reference tables. Each VIDMS component (e.g., inspection equipment, transactional VID, servers) shall retain detailed transaction logs containing all transaction records, either succeeded or failed, and activity logs, so that problem tracking and debugging are possible. The VID shall use the schemas and protocols established by the Department for the I/M data required to support the inspection process. The Department uses DEXML as a standardized interface to provide selected clients with an automated method for obtaining DMV-related data. The following transactions, at a minimum, must be in DEXML format: WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 38 of 80 Transactions from VID to DOT Vehicle data Inspection summary Tampered equipment data Inspection data corrections VIN corrections Compliance date changes Transactions from DOT to VID Acknowledgments Error messages if data transfer fails The complete list of DEXML transactions shall be documented by the Contractor, and approved by the Department, during the VIDMS design process. 5.1.11 VIDMS Web Interface The web interface must be compatible with Microsoft Internet Explorer (version to be determined after contract award). The internal users shall have access to both the VID and the data warehouse. The web interface shall provide Department personnel with the ability to administer certain aspects of the VIDMS including, but not limited to: Managing both internal and external users including, but not limited to, searching for and granting users access to specific components of the VIDMS web interface, and assigning user access roles; Managing inspectors including, but not limited to, searching for, modifying, locking out, and unlocking inspector accounts; Assigning inspectors to inspection facilities or processes; Managing decentralized inspection equipment including, but not limited to, searching for, locking out, and unlocking inspection equipment access to the VID; Applying alternative inspection criteria to inspection results to evaluate “what if” scenarios (i.e., link production vehicle data to test rules and reference tables); Taking off-line and bringing back on-line portions of the VIDMS web interface to allow for upgrades, testing, critical bug fixing, etc. The web interface must allow the Department to customize a message that shall be displayed on all internal web interface pages when a portion or all of the internal application is off-line; and Creating broadcast messages and designating one or multiple user groups so that particular messages are delivered to the chosen users (e.g., specific PIF(s) only, all PIFs, etc.). Messages shall have start and end dates, to allow for future transmission or transmission to facilities that have been offline. The VID shall track which inspection equipment has received messages to prevent duplicate messaging. The web interface shall provide Department personnel with the ability to maintain data in the VID and/or data warehouse. The interface must provide functionality that allows authorized users, at a minimum, to: Maintain rules and reference tables, including searching for, adding, modifying, or inactivating entries; WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 39 of 80 Automatically deploy rules and reference table updates and modifications to inspection equipment based on a date range, and track which facilities and inspection equipment have received which updates; Maintain inspection records including, but not limited to, searching for, adding, modifying, or inactivating records in the VID; and Access the transaction data. 5.1.11.1 5.1.11.2 Covert Vehicle Management The VIDMS internal interface must provide, at a minimum, functionality that supports the Department covert inspection program by: Designating covert vehicles by actual vehicle VIN; the VIN designation must be transparent to the inspection facility and managed by the inspection equipment the same as all other vehicles; Allowing multiple inspections per day of covert vehicles without being apparent to inspection facility operators (must consider multiple initial inspections and multiple re-inspections); and Referring multiple covert vehicle re-inspections to the "initial" failed inspection. Repair Facility Interface Inspection facilities shall transmit repair data for vehicles they repair that have failed emissions inspection. Additionally, the Contractor must provide an option for other registered repair shops to transmit repair data electronically. The Contractor must provide functionality for authorized users at PIFs and other repair facilities to enter and submit repair information. The inspection equipment must allow for the entry of the same repair data at the beginning of any emission retest. 5.1.11.3 Web and Code Standards The Contractor shall propose the technologies and platform to be used for development of the VIDMS internal and external web interfaces. The proposed technologies and platform must, at a minimum: Limit the use of cookies to session cookies only; and Use industry best practices to secure the sites against security risks. 5.1.12 Reporting and Querying Reporting and querying must be available using both the VID and the data warehouse. 5.1.12.1 Data Warehouse Queries and Reports The Contractor shall develop and implement standard VIDMS reports based on legacy reports and new requirements. These reports have fixed content and shall be run and distributed on a regular basis. Examples of standard reports include, but are not limited to, the following: Inspection counts by facility on a daily, weekly, and monthly basis; Reports needed to meet the annual U.S. EPA reporting requirements as described in 40 CFR Section 51.366; WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 40 of 80 Reports summarizing inspection statistics in a calendar month based on inspection dates stored in the VID; Summaries of vehicle compliance, including how many tests were performed before a vehicle passed. Vehicle compliance summary tables must also support reporting on the number of vehicles out of compliance, the number of vehicles that failed inspection in the current month, etc.; and Quality Assurance/Quality Control and statistical reports that provide: Counts of various test outcomes; OBD tampering failures on a per facility basis; VINs that had no outcome after a first test; VINs that do not qualify for registration based on last outcome Model year, make, model reports for inspection outcomes and/or history on monthly and/or on demand basis; VIN sorts with OBD data The tools used to create these reports must include flexible parameters such as: time period, geographic area, fleet characteristics, inspection facility type, or compliance status that allow the same report to be produced in many variations. For planning purposes, the Proposer should assume that approximately 40 reports will be required. The full list of required reports shall be documented by the Contractor, and approved by the Department, during the program implementation phase. 5.1.12.2 Ad Hoc Queries and Reports The Proposer must provide functionality that allows the Department to perform ad hoc queries and generate reports based on the VID data itself. This functionality need not require that Department users install a client tool on their desktop to prepare these queries and reports. 5.1.12.3 Fraud Detection Reports and Tools The Contractor shall provide fraud and performance trigger reports and other fraud detection processes. Certain of these processes must result in immediate notification to appropriate Department staff through desktop alarms (e.g., VIN mismatch) or alternate means upon which the Department and the Contractor mutually agree, while others shall be accessible for periodic review by Department staff (e.g., elapsed time between inspections, pass or fail rates for specific inspection parameters, etc.). The Contractor must provide an interface or tool to run these trigger reports and desktop alarms at locations specified by the Department. The Contractor must provide functionality that allows the Department to download inspection data for local analysis. 5.1.12.5 Dashboards The Contractor shall provide web-based dashboards that summarize different aspects of the WVIP system. Examples include but are not limited to the following: Lane availability; System response time; and WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 41 of 80 Pass/fail rates for various model year vehicles. The final content and design of the dashboards shall be developed by the Contractor and approved by the Department during the VIDMS design process. 5.1.12.6 Performance Metrics The Contractor must meet the following performance requirements and metrics: The transactional VID shall provide 99% availability, exclusive of scheduled downtime. Inspection equipment software upgrades must be deployed to decentralized facilities within five (5) business days of acceptance by the Department. Inspection records must be transmitted and recorded on the VID in realtime, within five (5) seconds of the receipt of a transaction. VID data for ad hoc reporting shall be available within five (5) minutes of the receipt of a transaction. The data warehouse must be updated on a nightly basis at a minimum. In the event of a system or communications failure, such as a loss of connectivity, inability to send or receive transactions, or inability to generate reports and/or queries, the Contractor must notify the designated Department personnel of VID failure within thirty (30) minutes. Report generation time must not exceed five (5) minutes. 5.1.12.7 Backup, Business Continuity and Disaster Recovery The Contractor must provide VIDMS backups, redundancy, off site backups, and disaster recovery. The contractor shall address backup and recovery in its VIDMS management plan, describing processes to assure recovery of VIDMS operations and data. This component is subject to Department approval. The Contractor’s plan must include procedures to: Identify what data could be lost in the event of a disaster; Identify information technology resources that are at risk; Document steps to protect against identified threats and to mitigate risk; Document recovery steps to be taken in the event of a disaster; Implement tested emergency procedures that enable short-term recovery of IT services following a disaster; Develop a plan that shall enable full recovery and the resumption of normal operations; Provide for off-site backups; and Test the VIDMS disaster recovery plans on an annual basis. The Contractor shall provide the Department with any updates and/or changes to the plan. The Contractor must perform a full system backup at least once per week with an incremental backup of all data occurring at least once every 24 hours, with minimal disruptions to either Contractor or Department business. All backups WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 42 of 80 and system maintenance that require downtime shall be performed during nonbusiness hours and with prior Department approval. In the event of a disaster affecting the Contractor’s system, Department records must be, at a minimum, recovered intact with no transactions processed more than once and the loss of no more than one day’s transactions. All Contractorprovided system capability must be completely functional within 72 hours of the termination of the initial event creating the disaster. 5.1.12.8 Legacy Data Migration The legacy VID and associated processes shall continue to be operated by the incumbent Contractor until the new VIDMS is in place, acceptance testing is complete, and all legacy inspection equipment has been replaced. This should occur by the specified operations start date. Prior to new equipment rollout, the Contractor must migrate the legacy VID data to the new VID and data warehouse. The Department shall provide the Contractor with the inspection data from the legacy VID and the Contractor shall convert it as necessary and store it on the new VID. Proposers must describe their methodology for migrating legacy data to the new VID. The legacy VRT shall be migrated to the VIDMS VID for reference purposes, but shall not be loaded on the new inspection equipment. The final data elements to be included in the VIDMS VID shall be determined by the Contractor and the Department during system design. Conversion of legacy data shall not begin until database acceptance testing is complete. All conversion processes shall be tested in the test environment before being used in the production environment. Converted data shall be in place in the new VID to support beta testing. At a minimum, the VID shall have all necessary vehicle and licensing data and the most recent two years of inspection result data. All legacy data must be converted and transferred into the production VID before inspection equipment rollout is complete. 5.1.12.9 VIDMS Technical Documentation The Contractor shall produce comprehensive technical VIDMS documentation for use by the Department. The technical documentation must be developed concurrently with the design, development and testing of the system. The Contractor shall provide an electronic version of all documentation, and employ change control processes and version control to ensure that it is kept current to the production release. Documentation shall be made available electronically to the Department. The Department does not require printed documentation except in a case where the Contractor requests and the Department agrees to accept a printed rather than an electronic document. The Contractor shall provide technical documentation for all VIDMS components, including, but not limited to: A data dictionary; WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 43 of 80 A logical data model, which describes each entity and the relationships between entities in the VIDMS databases; Physical data models; A data mapping document; Table and view usage; XML and any other approved schemas; Web services description language; In-line code documentation; Design documentation; Technical documentation for reports, including a list of reports, description, sample layout, and input parameters; Web interface documentation; Data warehouse documentation, reflecting data elements and physical layout of the designed data warehouse and documentation of summarized fields; Systems architecture documentation, providing graphical depictions of the application’s architecture, along with text describing the model; and Application architecture documentation, providing an overview of the VIDMS application architecture. The Contractor shall provide the Department with a system application manual, which provides detailed information about each of the user and external interfaces that comprise the VIDMS. Detail is required for each of the webbased screens, including on-line reports, inquiries, data entry forms, etc. In addition, batch reports must be identified and described. Each screen and each report must be identified with its name, screen print, description, program name, and names of tables accessed in the program. Another section must identify and document all programs written to support the VIDMS. The documentation of these interfaces and programs shall include where they are used, and their description, purpose, dependencies, and components. As a separate section, all interfaces with external systems must be identified and documented. The documentation must include the program name(s), type of interface (e.g., API, XML, etc.), description, detailed record layouts, and database objects used. The Contractor shall provide a data warehouse system operations manual to support the operational aspects of the data warehouse, any associated marts and ETL tools. It shall focus on the operations of all processes that execute daily, weekly, monthly, quarterly, annually, or ad hoc. Its purpose is to serve as a reference manual to maintain and troubleshoot these components. It must include all the tables and data elements being accessed and list the criteria of the queries and processes. It must detail all on-line and batch operations standards. The manual must include: The schedule of on-line and batch processes (programs and reports); WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 44 of 80 An overview of the logic and flow of the processes; Listing of possible error messages, descriptions, and recommended resolutions; and A description of each process and procedure, plus a listing of parameters, inputs, output, restart procedures, and output regeneration instructions. The Contractor shall deliver this manual to the Department no later than one month prior to the point at which the Contractor will begin training of Department personnel on the operation of the VIDMS. 5.1.12.10 VIDMS Testing The Contractor shall provide an overall test plan to the Department contract manager. The test plan shall include an Acceptance Test Procedure (ATP) that demonstrates the successful operation of the system, ensuring that the new system is functioning and all data are being processed correctly. The ATP shall involve creating test scripts based on the functional requirements and running the scripts against the complete application. The Contractor shall implement and use a tracking tool for system problems. The Department and Contractor shall jointly develop criteria for determining critical, significant, medium, and low impact bugs. The Contractor must be able to reload data to run repetitive tests. At a minimum, the testing must verify the following: Implemented functionality consistent with approved project requirements; Usability; Installation of software; Data conversion; Accuracy and performance of system interfaces; Effectiveness of training methods and materials; Response time and overall system performance; System hardware, software and telecommunications performance; and System, data, and application security. At a minimum, the Contractor shall perform the following levels of testing activities: Unit testing to test and debug individual code modules; Integration testing to test the compatibility and proper interaction of integrated code modules; System testing to validate the proper operation of all integrated VIDMS functions and compliance with system requirements; Stress and load testing to simulate all aspects of VIDMS performance assuming an average of 4,000 transactions per day for typical operations, and 15,000 transactions per day for stress testing; and Acceptance testing to determine whether all components work according to the agreed-upon specifications. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 45 of 80 The Contractor shall follow its comprehensive ATP on each complete component of the inspection process, from the inspection equipment to the VID, the data warehouse and the Department’s I/M compliance system. For acceptance testing, the Contractor shall load the test environment with sufficient data to replicate the production environment. The acceptance test shall include all activities that take place during production operations. The Contractor shall derive acceptance test scripts from traceable user requirements. The Department may conduct its own ATP testing prior to acceptance of any system components. The Contractor shall test other functions of the system, e.g., backup and recovery testing, installation testing, deployment of software patches and upgrades, and unexpected user interaction. Examples of unexpected user interaction include invalid keystrokes, key sequences, or mouse-clicks, and incomplete, erroneous, or duplicate data. 5.1.12.11 VIDMS Turnover Prior to the end of the contract period, or the end of the last contract extension period, the Contractor shall transfer to the Department all inspection records and related data acquired over the contract duration, and offer the Department a license that allows it to continue using the VIDMS components, including the interface to the I/M compliance system, beyond the contract term. Additionally at this time, the Contractor shall transfer the following to the Department: Training materials; Data conversion programs; Technical and user documentation; In addition, the Contractor must provide all data from the transactional VID and authentication database to the Department for conversion for the next contract. The Contractor and the Department contract manager shall agree on the format in which the data will be provided. 5.1.13 Inspection Equipment 5.1.13.1 Test System Required Elements Emissions inspections shall be conducted utilizing computerized emissions inspection equipment linked to a centralized Vehicle Inspection Data Management System (VIDMS) containing the Vehicle Inspection Database (VID). At a minimum, emissions inspection equipment and this system shall be designed and operated to: Ensure that inspections are performed only by inspectors certified to perform such inspections; Ensure that inspection equipment is operating properly, and that all required maintenance and any calibrations have been performed; Ensure that the vehicle presented for testing is the vehicle required to be inspected (i.e., positive vehicle identification required); WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 46 of 80 Automatically determine the test or retest eligibility of the vehicle, rejecting vehicles not eligible for testing; Automatically perform the emissions inspection in accordance with Department-approved procedures, prompting the inspector/operator as required; Automatically make pass/fail/reject determinations; Automatically generate appropriate test reports and other documentation as required; and, Interactively transmit test results to a centralized VID, updating the vehicle record to reflect the results of the test performed on the vehicle. 5.1.13.2 Equipment Requirements and Specifications The Contractor shall be responsible for providing all emissions inspection equipment used to perform all emissions inspections required under Wisconsin law (with the exception of sufficient OBD inspection equipment already owned by self-testing fleets), and for ensuring that it is used properly. Test equipment used to perform all required inspections must meet all applicable federal and state testing provisions. Compliance with all provisions of this section is the responsibility of the Contractor. Additional requirements listed below are supplementary to U.S. EPA minimum requirements. To the extent that any of these requirements are incompatible with U.S. EPA requirements or guidance, the U.S. EPA requirements or guidance will prevail. 5.1.13.3 OBD Scan Tool Specifications At a minimum, the OBD scan tool must: Be equipped with a standard connector (as described in SAE J 1978, SAE J 1979, or SAE HS-3000/99) and communications link to allow an RPM signal, readiness monitors, fault codes, MIL Command Status, and other information required by U.S EPA and/or the Department. Meet the federal OBD test equipment requirements contained in 40 CFR 85.2231; Read all OBD II communications protocols including, but not limited to ISO, PWM, VPW, CAN and KWP; Be capable of capturing the VIN (if available); and, Be capable of capturing the PID count and PCM ID (if available). 5.1.13.3 TAC Equipment Fixed and mobile TACs must be equipped with test equipment that is compatible with, and functionally equivalent to, inspection facility equipment described in this section. They must be networked to the same data capture and transmission system as are inspection facilities, since they will be used as needed to conduct official pass-fail OBDII inspections. 5.1.13.4 Equipment Upgrades and Updates WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 47 of 80 The Contractor shall, in timeframes that meet federal and state requirements, replace or upgrade all test equipment as necessary to comply with any newly deployed OBD communication protocols or technologies over the life of the Contract. Such replacements and upgrades will be made at no cost to the Department. 5.1.13.5 Minimizing OBD Readiness Issues As part of the WVIP development, the Department seeks practical and innovative tools to mitigate the number of vehicles that must be rejected due to presenting with excessive unset readiness monitors. 5.1.14 Inspection Equipment Software The Contractor shall prepare, and subject to Department review and approval, design specifications for all inspection equipment and software necessary to meet the requirements described in this RFP. The Contractor shall provide inspection equipment and software customized for decentralized facilities. The software components of all inspection equipment shall be modular to allow for greater flexibility and to minimize the effect of changes. The software must be able to produce and interpret PDF417 bar codes based on the American Association of Motor Vehicle Administrators (AAMVA) format (see Appendix 11 for AAMVA’s bar code protocol document). Specifically, the software must be able to interpret PDF417 bar codes currently stamped on certificates of registration and titles as well as bar codes to be stamped on registration renewal notices. Appendix 12 elaborates on Department bar code conventions for certificates of registration and titles. The Contractor shall collaborate with the Department to define the bar code layout for renewal notices. The software must complete all inspections that are started. If an inspection is aborted due to vehicle problems (e.g., leaking fluids, on fire), then the overall inspection result must be automatically recorded as "reject". These inspections must be reported to the VID along with other inspections. If an inspection is aborted due to lane equipment problems (e.g., bad PC), then the overall inspection result shall be "no test." Inspections aborted due to lane equipment problems must be reported to the VID, but must not be included in any statistical reports. 5.1.14.1 Emissions Inspection Blindness The emissions inspection must be a "blind" process, i.e., once it has begun, no inspection results shall be displayed until a final pass/fail determination has been made and recorded, or the test is aborted. 5.1.14.2 Inspection Counts Test equipment shall keep a monthly count of complete and incomplete inspections. It shall count the number of inspections begun, the number of inspections aborted completion. These data shall be transmitted to the VID during the start-of-day process on the first day of operation of each month. 5.1.15 Alternate Testing Options 5.1.15.1 Testing Kiosks The network must include at least two (2) fully functional testing kiosks – co-located at inspection facilities – no later than September 1, 2012. It may include additional kiosks. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 48 of 80 Each kiosk shall be located at a unique test site. Locations will be chosen so as to maximize public exposure and use, and are subject to WisDOT approval. 5.1.15.1.1 Testing Kiosk Requirements Each test kiosk must be installed in an enclosure (e.g., garage bay, car port) or in an area that – at a minimum – provides both motorists and kiosks with overhead protection from the elements. Full enclosures must be equipped with air conditioning or ventilation systems that ensure indoor air quality remains comfortable and healthful even with an idling vehicle inside. Additionally, each test kiosk should feature interactive helpline assistance available at least during expanded self-service operating hours (i.e., outside of normal operating hours of the inspection facility at which the self service test lane is located). The Department reserves the right to review and approve locations for kiosks. 5.1.15.1.2 Required Kiosk Features All test kiosks shall be identical in appearance, and shall display on their cabinets Department-approved program logos and colors. The kiosk appearance shall be shown to and approved by the Department prior to production and deployment. 5.1.15.1.3 Preferred Features In addition to required kiosk features, the following are kiosk features that the Department favors: Capability to issue DMV products (and, in particular, registration stickers), either in conjunction with a passed OBD test or for “walkup” customers. Appendix 6 summarizes Department registration sticker specifications; A cabinet design that does not show fingerprints; A cabinet design that features no flat surfaces or ledges (to discourage customers from resting drinks on the kiosk); A printer that delivers receipts in under five (5) seconds and VIRs in under 20 seconds; Inclusion of two-way video support for phone assistance; and A sensor-activated audio greeting to customers. 5.1.15.2 Fleet Testing Requirements State law permits – but does not require – fleet owners and operators to conduct emissions inspections of their own vehicles and to report the results to the WVIP. Fleet self-testing must conform to applicable U.S. EPA and State vehicle emissions inspection rules, and meet all quality assurance and quality control requirements. As a matter of policy, the Department intends to allow limited fleet self-testing effective on the Operation phase start date. Specifically, the Department would like to limit self-testing to: commercial fleets of 50 vehicles or more; and WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 49 of 80 Municipal, state, and federal government fleets of 15 vehicles or more. The Department and Contractor then would evaluate offering this test option to smaller fleets as part of the biennial program review referenced in Section 5.1.29.5. This evaluation would be based on the ease of implementation and level of participation among larger fleets. Participating fleets will be responsible for all costs associated with testing their own vehicles. Fleets that already possess equipment sufficient for performing and reporting self-administered OBD tests shall not be required to purchase any additional equipment to perform their own tests. Appendix 7 provides estimates of testable municipal, state, and federal government fleet sizes (OBDII-compliant vehicles up to 14,000 lb. GWVR). Approximately 5,000 such vehicles operate in the WVIP program area. All equipment must meet all applicable testing standards and requirements, including those established in this RFP. All software and data management activities must meet requirements established in Section 5.1.14 of this RFP. 5.1.15.3 Fleet Testing Options The Contractor shall offer a fleet self-testing program that makes use of either or both of the following OBD test equipment options: Scan Tool Based Test System Equipment configuration must include an OBDII scan tool and a mobile computing device equipped with inspection software, printer and bar code scanner, and a real-time connection to the Vehicle Inspection Data Management System. Each fleet would be required to own at least one complete set of lane testing equipment. Equipment would need to meet all requirements specified in Section 5.1.13 of this RFP. Remote Testing System Fleet vehicles may be equipped with transponders that transmit results to a receiver located on or near the fleet’s primary parking lot, and connects to the vehicle inspection data management system. Alternately, transponders could be engineered to – or replaced with data recorders that – capture OBD test data. Fleet managers could then transmit test data to the Contractor for processing. 5.1.15.3.1 Provision and Servicing of Equipment The State shall not pay, nor be paid, any amount for either the purchase of equipment or installation services. In conjunction with provision of either scan tool based or remote testing system equipment, the Contractor shall provide adequate training and support to ensure that equipment is used properly and optimally and is timely serviced or replaced. Contractor service standards for PIFs established in Section 4.4.7.4 of this RFP also apply to self-test fleets. 5.1.15.4 Remote OBD Testing WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 50 of 80 The network may include the use of OBD data recorders or wireless transponder/receiver networks that allow remote OBD testing. 5.1.15.5 Remote Sensing U.S. EPA regulations call for remote sensing testing as a component of enhanced I/M programs (40 CFR Section 51.371). However, since 1995 U.S. EPA has certified that the WVIP meets federal program performance standards without the use of remote sensing. The Department believes that, properly operated, the program described in this RFP will continue to satisfy all U.S. EPA requirements without the use of remote sensing. However, should U.S. EPA require that the WVIP add a remote sensing component at any future date, the Contractor shall be responsible for designing and deploying, at no cost to the State, a remote sensing system that meets federal requirements. 5.1.16 Employee Training and Certification 5.1.16.1 Background Checks Background checks must be sufficient to permit informed decisions as to whether employment of any person would be detrimental to the integrity of the program or the best interests of the citizens of Wisconsin. They should be sufficiently detailed and thorough to ensure that the Contractor minimizes the potential for fraud and corruption, by employing only persons who have avoided past conduct that would make employment in the program inappropriate. 5.1.16.2 Certification All Contractor and subcontractor personnel directly involved in the performance of emissions inspections, including, but not limited to emissions inspectors and customer service representatives, must be so certified by a third party approved by the Department. 5.1.16.2.1 Test Development The Contractor shall develop, subject to Department approval, a testing mechanism and materials for a certification test that will be administered by the Contractor and monitored and graded by the Department. The certification test will consist of both written and practical application (i.e., "hands-on") portions. The test shall be constructed and administered in such a manner as to allow the trainee to demonstrate the ability to conduct proper inspections, to properly utilize test equipment and to demonstrate an understanding of positive public relations and customer service skills. These materials shall be submitted prior to implementation of training. Changes in instructional materials, the training regimen, and the certification test or process are subject to Department approval before implementation. All training and testing will reflect the most current automotive technology that the Contractor will encounter during the Operating Phase of the Wisconsin Vehicle Inspection Program. 5.1.16.2.2 Refresher Certification Certified Contractor and subcontractor personnel shall be required to complete refresher courses every two (2) years, or as required by the Department to maintain their certification. The refresher course shall include written and "hands-on" certification testing. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 51 of 80 5.1.17 Vehicle Registration and Titling Services The Contractor may establish standalone facilities owned by the Contractor to provide titling and registration renewal services for “walk-ins” (i.e., motorists who come to the standalone facility solely for the titling or registration renewal service). At its discretion, the Contractor may also offer additional Agent services for both voluntary test customers and walk-in’s at PIFs, e.g., temporary plate issuance. 5.1.17.1 Agent Status In order to provide these services, the Contractor must execute a separate contract with the Department establishing it as a DMV Agent. Normally, a DMV Agent also enters into a contract with a third party, or Vendor, to use the Vendor’s electronic interface to exchange data with DMV. Alternately, the Contractor could develop its own data exchange interface and operate as a Vendor (specifications for this electronic exchange are included in Appendix 15). (In this case, it could offer its services to other potential Agents.) Agent and Vendor status both are governed by standard Department contracts. These contracts, in turn, are permitted under ss. 341.21 and 341.255(4) Wis. Stats. and chapter Trans 156 Wis. Administrative Code. Standard Agent and Vendor contracts are attached as Appendices 16 and 17, respectively. 5.1.17.2 Compensation for Services As an Agent, the Contractor will be authorized to collect processing fees up to the maximum permitted by state law. Currently, these fees are $10.00 per registration renewal and $19.50 per application of certificate of title. Revenue collected as a DMV Agent or Vendor is in addition to revenue provided under the contract to establish and operate a motor vehicle inspection program. As such, the Contractor shall not factor the provision of Agent or Vendor services into its price proposal for this contract. 5.1.18 Acceptance Testing Procedures and Change Control 5.1.18.1 Data Handling System Acceptance Prior to initiating testing at any inspection facility, the Contractor shall demonstrate to the Department's satisfaction that: The electronic data processing equipment, software programs, databases, report forms, and any other equipment or items required by the contract have been properly installed and tested, and conform to the approved specifications; The hiring and training of all personnel needed to operate and maintain the Vehicle Inspection Data Management System has been completed; The data management system, when operating as part of the integrated system of inspection facilities and Department and Contractor remote access systems, is capable of functioning in conformance with the performance standards and criteria set forth in the contract; and, The Contractor has provided the Department with all required data management system documentation, training, and user manuals. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 52 of 80 5.1.18.2 5.1.18.3 Inspection Facility Acceptance Prior to the implementation of testing at each inspection facility, the Contractor shall demonstrate to the Department's satisfaction that: The testing, electronic data processing, and other equipment and items required by the contract have been properly installed in each inspection facility and conform to the approved specifications; The training of all necessary personnel to conduct inspections at each inspection facility has been completed; and, Each inspection facility, when operating as part of the Inspection Network, is capable of operating in conformity with the performance standards and criteria set forth in the contract. Contractor-Supplied Acceptance Test Procedure The Contractor shall conduct the ATP. Upon successful completion of the ATP for both the data management system and for each inspection facility, the Department shall issue a written acknowledgement to the Contractor documenting the achievement of this milestone. No inspection facility may commence operation until the Department acknowledges that both the facility and the data management system have successfully completed their ATPs. The Department may conduct additional acceptance tests of its own design, using Contractor personnel in the conduct of such tests, which supplement the Contractor’s protocol. 5.1.18.4 Change Request Recording Any proposed modification to the design specifications and/or functional requirements must be recorded, regardless of whether it is actually implemented. The Contractor must submit change requests to the Department contract manager, for consideration by the Department. Each change request must provide the following information, at a minimum: Name of requestor Initial date of submission Description of change Evaluation date Evaluation status (accept/reject change request) Reason for rejection, if not approved Change request threshold level assigned Implementation date Acceptance date 5.1.18.5 Change Request Processing The change request thresholds specified below will dictate the degree of Department evaluation. Change Threshold One – All change requests that would impact the development or implementation schedule by three days or fewer will require the approval of the Department contract manager. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 53 of 80 Change Threshold Two – All change requests that would impact the development or implementation schedule by more than three days will require review and approval from a Change Review Committee consisting of DOT staff and management. 5.1.18.6 Change Request Implementation and Acceptance Procedures All change requests will be subject to the same test, review and acceptance procedures as other project deliverables. The Department will not consider changes complete until final acceptance by the Department contract manager. 5.1.19 Customer Support / Phone Center 5.1.19.1 Motorist Telephone Support Center The Contractor shall establish a motorist telephone support center and staff it with personnel capable of answering non-technical program related questions and assisting motorists with vehicle registration issues related to their emissions inspection requirements. The motorist telephone support center shall provide information in English and Spanish. The telephone support center shall not address specific repair information. 5.1.19.2 Staffed Telephone Operations The telephone support center, staffed by Contractor personnel or a sub-contractor, shall be operational effective June 1, 2012, and shall be operated and maintained throughout the life of the Contract. 5.1.19.3 Telecommunication Message System The basic information identified in Section 5.1.19.4 shall be available through a menu of recorded messages. This system should be operational effective June 1, 2012 and available 24 hours per day. During hours when the telephone support center is staffed, the motorist shall be instructed to press a single key in order to speak to staff. The program website shall also contain an e-mail address that customers can query instead of using telephone services. The staff of the telephone support center, responding to e-mail, must be able to respond to the same issues as those in Section 5.1.19.4. E-mail responses shall be provided, at a minimum, during the same hours as the inspection sites. 5.1.19.4 Basic Information The telephone support center shall supply the following basic program information by staff or through a telecommunications message system: Name, address and phone number of each inspection facility; Facility hours of operation; Open/closed status; A brief message referring motorists to follow instructions contained in the emissions test notice; and Internet address of the program website developed and provided by the Contractor. 5.1.19.5 Vehicle Registration Issue Resolution In addition to providing general program information, the telephone support center shall provide a vehicle registration issue resolution service. With this service, motorists WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 54 of 80 may pursue, e.g., a temporary or change of ownership exemption or an extension and temporary plate issuance that would defer their test deadline, resolution of a vehicle registration suspension or specific enforcement-related issue. Adequate provision of this service will require initial training of phone staff by the WisDOT Division of Motor Vehicles, to learn about registration statuses and how to access and modify records in the Department’s Registration and Titling System. After implementation, training of staff will be provided by the vendor. Phone staff handling personal motorist information also would be subject to background checks per Section 5.1.16.1. 5.1.19.6 Capacity Requirements The system provided by the Contractor shall be of sufficient capacity to ensure that telephone support center performance standards described in Section 5.1.19.7 are met. The Contractor shall provide sufficient staffing to minimize busy signals and customer wait times. The Department currently receives approximately 1,200 calls per week (weekdays only) that are related to emissions inspections plus an average of 125 e-mails. The Department expects this number to surge temporarily upon implementation of the program established under this RFP. 5.1.19.7 Performance Standards 5.1.19.7.1 Telephone Calls The Contractor shall ensure that at least 97% of telephone calls are received; no more than three percent (3%) of customers should experience a busy telephone response. At least 85% of all telephone calls – where the customer selects to talk to a person – shall be answered by telephone staff within two (2) minutes. 100% of all telephone calls – where the customer selects to talk to a person – shall be answered within five (5) minutes. 5.1.19.7.2 E-mails The Contractor must respond to e-mails within 24 hours of receipt. 5.1.19.7.3 Quality of Communications Staff responsible for telephone or e-mail services shall demonstrate excellent customer service skills and business knowledge. The Contractor shall be responsible for providing training on customer services, monitoring the actions of staff -- including the amount and accuracy of information they provide to customers, and taking corrective actions based on observations or customer complaints. At a minimum, customer service training and standards shall include telephone etiquette, listening skills, effective techniques for providing information, and conflict resolution. 5.1.19.7.4 Reporting The Contractor shall monthly submit to the Department phone data that demonstrate telephone support center support and performance levels over the previous month. If these data show that the telephone support center failed to meet its performance standard, the Contractor shall implement corrective actions dictated by the Department. The Contractor shall provide all phone support data to the Department upon request during overt or covert audits, or at any other time. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 55 of 80 5.1.19.8 Maintenance Requirements The Contractor shall be responsible for continuous maintenance of the system, including the provision of backup messages, if used. If the Department determines that the service provided by the equipment is deficient, the Contractor shall replace the equipment within one business day of notification of such deficiency by the Department. All recorded messages shall be produced in a professional manner and approved by the Department. 5.1.19.9 Motorist Telephone Support Center Phone Number The Contractor shall acquire a phone number(s) for the motorist telephone support center. WisDOT shall approve the number(s) prior to implementation. Ideally, the number(s) should be easy to remember and relevant to the program, e.g. 1-555-VIPHELP. This number should be a local or extended community calling (ECC) call for 85 percent of the persons residing in the WVIP service area. By February 1, 2012, the Contractor shall confirm the phone number(s) for publication on the Program Information Brochure described in Section 5.1.20.6.1. WisDOT shall retain the rights to all motorist telephone support center numbers. 5.1.20 Public Information Program The Contractor shall develop and implement a public information program (PIP) in cooperation with WisDOT and any third parties that WisDOT may identify – such as members of the automotive repair industry, auto manufacturers or parts manufacturers. The primary purpose of the PIP is to proactively inform motorists, the repair community, and the vocational training community of all program requirements and to provide updates as necessary. The secondary purpose of the PIP is to provide continuing program education and publicity that ensures all affected parties comply with program requirements. 5.1.20.1 Plan Development The Contractor shall deliver a written description of the PIP to WisDOT no later than August 26, 2011. WisDOT will notify the Contractor of any necessary revisions by November 7, 2011. The Contractor must submit a final PIP to the Department by November 21, 2011. The Contractor’s documentation should explain the plan in detail and include projected expenses, personnel involved, and volumes of materials to be distributed and/or air time to be used, as appropriate. The timing and rationale of planned activities should be indicated in the plan. All activities under the PIP are subject to WisDOT’s review and approval. The Contractor shall not use any false, inaccurate or misleading information concerning the program. To ensure uniformity throughout the WVIP, WisDOT has final approval of all written materials distributed to the public. The Contractor shall delete or revise to WisDOT’s satisfaction any disapproved material. 5.1.20.2 Plan Implementation The Contractor shall implement the milestones identified in the PIP in order to start providing public information no later than three (3) months prior to the actual program operations start date. The Contractor shall operate the agreed upon PIP throughout the Contract term. 5.1.20.3 Methods and Media The Contractor shall select the methods and media for dissemination of information. WisDOT prefers that a substantial portion of the commercial advertising budget be WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 56 of 80 directed toward proven methods of disseminating program information such as: drivetime radio and point of purchase advertising (e.g., pump-toppers at area service stations). During the period prior to the operations start date and for at least one (1) month afterwards, this information shall advise motorists of new station locations and other program changes. 5.1.20.4 Expenses Expenses for development, production, and distribution of program brochures, print or broadcast advertisements, motorist notifications, or any other public education materials prepared by the Contractor and approved by WisDOT shall be the responsibility of the Contractor. 5.1.20.5 Minimum PIP Requirements At a minimum, the Public Information Plan shall: Include the use of electronic and print media including the use of a dedicated Website. This effort shall inform the public about the inspection program procedures, costs and objectives, as well as where, when and how to obtain services. Include special events such as seminars and demonstrations for the public and for automotive mechanics. The Contractor shall arrange and participate with WisDOT personnel in public education efforts that may include organizations such as special interest and community affairs groups. The Contractor should use newspaper, radio and TV advertising as appropriate to promote these activities. Display the WisDOT and WVIP logos and contact information for all visual PIP materials, and omit the Contractor’s name. 5.1.20.6 Informational Handouts The Contractor shall create printed informational handouts according to the descriptions below and subject to the conditions therein. The Contractor is responsible for producing each brochure in both English and Spanish. English versions shall have a statement in Spanish that a Spanish-language version of the brochure is available at each inspection facility, or by calling the telephone support center. All brochures must provide information in a clear and understandable manner. Appendix 13 provides examples of current WVIP brochures. 5.1.20.6.1 Program Information Brochure This brochure provides information on model year vehicles subject to testing, test sites and test options, fees, hours and days of operation, scheduled holidays, and the toll-free number for the motorist telephone support center, and the Internet address for the Contractor website. Each revision of the brochure must be colorcoded and contain a revision date. 5.1.20.6.2 Motorist Repair Guide (Blue Book) This guide is to be issued to every motorist whose vehicle fails its initial emissions inspection. It explains subsequent repair and test requirements and options for the motorist, and identifies all registered repair shops at which they may pursue repairs. (Registration is to be managed by the Contractor, as described in Section 5.1.29.9). The guide must be bound with a clearly labeled blue cover. It must contain WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 57 of 80 information regarding pursuing proper repairs, warranties, technical waivers, and an explanation of the VIR. It must include each registered shop’s name, address, phone number, and repair effectiveness index for the past six-month period. It must also clearly distinguish between recognized and unrecognized repair shops, by either: 1) listing recognized shops before unrecognized shops for each city/town, or 2) relegating unrecognized shops to a second section of the book. Shop listings must be in alphabetical order by city/town and county. 5.1.20.6.3 Retest Failure Brochure This brochure is provided to each motorist whose vehicle fails a first or subsequent retest. The retest failure brochure must explain how a motorist or repair technician can qualify for and pursue technical assistance, describe the TAC services, provide fixed TAC locations and contact information, and provide mobile TAC contact and scheduling information. 5.1.20.6.4 Unable to Test Vehicle Flyer This flyer is for distribution to motorists whose vehicles must be rejected when they present for testing. Conditions that warrant a vehicle being rejected are defined under Trans 131.03(6)(d)(3) and Trans 131.03(11), Wis. Administrative Code. The PIF or TAC at which the vehicle presents is responsible for completing the flyer and issuing it to the motorist. The flyer provides a general explanation of rejection and provides a checklist of all potential reasons for rejection. It also contains spaces for PIF or TAC contact information to be filled in, and general assistance contact information. 5.1.20.7 Annual Report The Contractor shall annually (within 60 days of conclusion of a calendar year) compile statistics into a report, with the Department’s assistance, that summarizes program operations over the past calendar year consistent with annual reporting requirements enunciated in U.S. EPA’s “Section 51.366 checklist” issued pursuant to the memorandum “Proposed Corrective Action Plan in Response to ‘EPA's Oversight of the Vehicle Inspection and Maintenance Program Needs Improvement’” dated January 17, 2007. (The memo and associated checklist are provided as Appendix 14.) In addition to meeting the “Section 51.366 checklist” requirements, the report should: Identify the WVIP program area and describe the testable fleet; Explain the WVIP purpose and summarize modeled emission reduction benefits (provided by the Department); Summarize test volume by facility, by test number, by test outcome, by mode of delivery (PIF, kiosk, etc.) and by vehicle model year; Summarize initial and overall vehicle failure rates by model year; Summarize average repair cost by model year; and Summarize TAC utilization. Upon Department approval of the report, the Contractor must post it on the program website in PDF format. 5.1.21 Program Website The Contractor shall establish and maintain on its own server a website that provides programmatic information to both the public and the repair community. The Contractor shall WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 58 of 80 work with WisDOT to provide hyperlink access from WisDOT’s website to the WVIP program website on the Contractor’s server. The Contractor shall update the website as necessary to continually provide current information. WisDOT will provide final approval of website content and design. 5.1.21.1 Motorist Website Section Requirements The website portion dedicated to motorists must list clearly all facilities at which inspections may be obtained, and for each identify its address, hours of operation, phone number and driving directions. It must provide the telephone support center phone number(s) and a means for customers to send e-mails to the support center. This portion of the website must be operational at least 120 days prior to date or other program operations start date, in order for the Internet address for the Contractor’s website to be printed on vehicle registration renewal notices mailed to motorists by the Department. Additionally, the website portion dedicated to motorists must provide: an inspection facility locator, allowing motorists to find inspection facilities located within a designated area (accessed by city name or ZIP code); a locator for registered and recognized repair facilities, and a search function that allows the user to locate and contact nearby repair facilities based on city name or ZIP code. Any changes to the population of registered and recognized repair facilities must be updated on the website within five (5) business days of the change. 5.1.21.2 Repair Community Website Section Requirements The website portion dedicated to the repair community must contain relevant testing and repair information, including information on scheduling a consultation with a fixed or mobile TAC. The website must provide information on all known upcoming training and professional certification events. It must include links to online program newsletters and to electronic TSB sources. It also must include information for those shops seeking to register with or become recognized under the WVIP. 5.1.21.3 Additional Requirements The website sections dedicated to motorists and to the repair community both shall contain feedback forms that can be completed and sent online to the Contractor, along with instructions on what types of issues can be addressed over the website. 5.1.22 WisDOT Approval of Public Information Materials The following items relating to the public education program require WisDOT’s prior approval: Logos, slogans, or catch phrases designed for the program. These shall become the property of WisDOT. News releases, except those that relate to approved days and hours of operation and releases containing material previously approved by WisDOT in substantially the same form and context. WisDOT expects to issue a news release every business day during the first two (2) weeks of full implementation of the program. Advertising copy intended for use by the Contractor in media such as radio, television, newspapers or other publications and the Internet. In the case of print media advertising, the Contractor shall submit, for written approval from WisDOT, the proposed copy and layout of the print. In the case of electronic media advertising, the WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 59 of 80 Contractor shall first submit proposed advertising copy with a brief description (if appropriate) of the final production ad (voice-over, actors, background, length). Following WisDOT’s written approval of the copy and production concept, the Contractor shall produce and submit the final production ad for approval prior to airing. Content and design of pamphlets intended for distribution by the Contractor and WisDOT as part of the public education activities for the emissions inspection program. Script and visuals for multi-media public education presentations. Public information materials produced by the Contractor or their designee shall reference WisDOT or the WVIP and not the Contractor. No public education materials or activities produced under this Contract shall bear the Contractor’s name or refer in any way to the Contractor unless specifically approved in writing by WisDOT. This includes insignia or wording on computer monitors or signage at inspection facilities. All public education materials shall contain the WVIP logo and WisDOT logo. All public education materials produced under this Contract shall become the sole property of WisDOT and shall be copyrighted by the Contractor to the benefit of the State of Wisconsin. 5.1.23 Program Operations 5.1.23.1 Operations Plan The contract operations phase represents the time period beginning the first day that the Contractor performs 100 percent of the WVIP tests and ending at contract termination. The operations plan submitted by the successful Proposer will become a part of the contract, and shall be the basis for the Contractor’s activities during the operations and termination phases of the contract. As such, the Contractor will not be permitted to amend any schedules or to reduce staffing levels, qualifications, functions or training for personnel from those stated in the plan without prior written Department approval. The Contractor shall provide the Department with written notice and description of any proposed change to an approved implementation plan. 5.1.24 Operations Phase Staffing 5.1.24.1 Operations Management Staffing In addition to core management staff described in Section 4.3, the Contractor must provide a complement of management staff dedicated to program operations. All operations management staff are subject to Department approval. The Contractor’s complete operations management team must be employed by the Contractor and housed in a Wisconsin-based program headquarters office at least thirty (30) days prior to the operations start date. 5.1.24.2 Facility Staffing Each inspection facility must have at least one technician certified to conduct IM testing on duty during the posted business hours of the inspection facility. Emission inspections must be conducted by personnel who are trained and certified via the training program described in this RFP. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 60 of 80 The Department may require the replacement and removal from the Contractor’s staff any employee who is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population. The Department may require the removal of an inspection facility from the program if it employs such a person, and declines to remove that person upon the request of the Department. Persons currently on a work-release program from a correctional institution shall not be employed as an emission inspector. 5.1.25 Status Updates The Program Manager and other members of the Contractor’s operations management team shall meet monthly with appropriate Department program administration representatives, unless the Department indicates otherwise. The meetings will focus on sharing program information, identifying and resolving operational issues, and identifying and pursuing program improvements. The term “program improvements” refers to business process changes that yield improved customer service, reduced wait times, improved resource utilization, reduced fixed or variable costs, and other tangible or intangible benefits. The Contractor shall prepare and deliver meeting minutes within three business days after the meeting. 5.1.26 Test Equipment Maintenance and Quality Control Program 5.1.26.1 Preventative Maintenance In order to minimize the occurrence of testing problems due to equipment failure, the Contractor shall be required to conduct an effective preventative maintenance program. Maintenance records shall be maintained by the Contractor and submitted to the Department upon request. 5.1.26.2 Emissions Inspection Quality Control The WVIP must be operated in a manner that will satisfy all applicable requirements of federal and State laws and regulations, including the quality assurance and quality control requirements established by U.S. EPA that apply to all I/M programs. As they apply to OBDII testing, these requirements are codified in the following U.S. EPA regulations: 40 CFR 51.359(e) (Document Security) 40 CFR 51.363 (Quality Assurance) To the extent that federal test procedure requirements and/or guidelines change during the Contract term, the Contractor shall be required to modify its procedures to conform to the new requirements. Any costs associated with making such changes, whether they are caused by modifications to procedures, software, equipment or personnel, shall be borne solely by the Contractor without compensation from the State or increases in inspection fees. 5.1.26.3 Inspection Network Surveillance 5.1.26.3.1 Performance The Department will conduct a surveillance program to verify that the Contractor is conducting all aspects of the WVIP in accordance with the terms and conditions of the contract. In order to facilitate this surveillance, the Contractor and its Subcontractors will be expected to cooperate in the following manner: The Contractor and its Subcontractors shall make available any WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 61 of 80 inspection facility at any reasonable time for the Department to check the proper maintenance and operation of all equipment and software; Any documentation necessary to enable the Department to perform its surveillance shall be available at all times at each inspection facility; With reasonable notice, access shall be available during non-testing hours to perform any check that the Department deems necessary; Any defective condition detected by the Department’s surveillance inspections which could adversely affect the accuracy of the tests performed, affect motorist comfort or safety, or potentially cause damage to vehicles, shall be corrected immediately; If so ordered by the Department, the test lane(s) affected by such a defective condition shall be closed and no further testing shall be conducted in such lane(s) until objective evidence that the defective condition has been corrected has been presented to the Department for its approval; and, Secure storage will be provided for any Department audit related equipment. 5.1.26.3.2 Inspector Performance The Department will conduct a program of overt and covert surveillance to verify that the Contractor and its subcontractors are performing required vehicle emissions inspections, waiver inspections, and other customer service duties in accordance with approved procedures. 5.1.27 Contractor Complaint Handling The Contractor is required to maintain records pertaining to all motorist complaints and comments received by the Contractor or its Subcontractors and shall provide a monthly report summarizing complaints and comments by number, type, inspection facility, time of occurrence and status. Copies of complaints and Contractor response shall also be provided to the Department in the manner and time specified by the Department. The damage claim procedures shall, at a minimum, include the following elements: Department-approved vehicle damage forms at all inspection facilities; Notice of vehicle damage claim procedures and vehicle owner’s rights in relation to a vehicle damage claim, conspicuously posted at all inspection facilities; Copies of all damage claims (including all information submitted by the owner) provided to the Department for each individual case file in Adobe Acrobat 8.0 PDF or higher; and, Implementation of the complaint handling/grievance procedures established in contract. 5.1.28 Motorist Inspection Fee Collection State administrative rule requires motorists to pay a contractually specified fee for voluntary emissions inspections. Additionally, the Department intends to continue the current practice, summarized in Section 1.3.3, of charging motorists an identical fee for third and subsequent mandatory retests. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 62 of 80 All motorist inspection fees collected by the Contractor or its Subcontractors shall be promptly deposited by the Contractor for the benefit of the State in accordance with written instructions and procedures of the State, which shall be provided to the Contractor. 5.1.29 Department Audits The Department shall have the right to conduct audits of inspection facilities, lanes and related facilities at such time that the Department deems appropriate. Prior notice to the Contractor or its Subcontractors for any oversight activity is not required. The Contractor, its employees, and Subcontractors shall cooperate at all times with Department personnel carrying out their official oversight responsibilities. The Department will use its best efforts to conduct audits in a manner that will not disrupt the Contractor's performance of its obligations under the Contract, or the usual business operations of any Subcontractor. In conducting such audits, the Department may use its own employees or those of other agencies or instruments of the State, or may employ independent auditors or consultants. 5.1.29.1 Inspector Performance Audits The Department, in cooperation with the Contractor and its Subcontractors, will conduct overt system audits. These audits will include checks of record keeping and reporting practices, staff training and certifications, quality control and quality assurance practices and results, and assessment and evaluation of actual testing scenarios. Covert system audits will also be conducted periodically by the Department, as it deems necessary to verify system integrity. 5.1.29.2 Record Audits The Contractor is required to conduct record audits for reporting outcomes to the Department. These audits shall consist of, but not be limited to: Computerized analysis to identify evidence of improper testing, statistical inconsistencies, unusual patterns, and other discrepancies; Visits to inspection facilities to review records; Comprehensive accounting of all materials handled on behalf of the Department; and, Comprehensive accounting of all test fees collected by the Contractor and its Subcontractors. 5.1.29.3 Equipment Audits During overt site visits, the Department shall conduct quality control evaluations of test equipment and associated components of the testing system. The Contractor will be required to demonstrate proper maintenance and certification of such equipment, as appropriate. Any associated equipment and commodities necessary to perform audits shall be readily accessible and available. This includes, but is not limited to: A check of OBD test equipment, including cables and connectors to ensure proper communication with vehicles; and A check of test system software to ensure that the current approved version(s) of software (including all required databases and lookup tables) are installed and operating properly; Equipment audits shall be conducted on an unscheduled and unannounced basis. If necessary, upon notification by the Department of the desire to conduct such an audit, WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 63 of 80 the Contractor shall be provided reasonable time to dispatch appropriate personnel to the station. 5.1.29.4 Program Audit The Contractor shall be required to maintain all of its records relating to the performance of the work under the Contract, including but not limited to records documenting the following: Number of inspections performed; Hours worked and wages of Contractor employees; Hiring, training, promotion and discharge of Contractor employees; Expenditures for land, buildings, equipment, and supplies, whether leased or purchased; and, Expenditures for insurance, property, sales and other taxes (not including federal or state income taxes). The Department shall have the right to inspect, copy, and audit such records with or without prior notice to the Contractor and the Contractor shall be required to provide such additional information as may be requested by the Department in performing such audits. 5.1.29.5 Network Configuration Adjustments No later than March 1, 2013, the Contractor and WisDOT shall jointly analyze test volume and utilization data for all test facilities in use in the WVIP, plus any intervening changes in federal I/M program guidance or requirements. The Department shall use the analysis to determine whether the network configuration is offering an optimal number and distribution of test venues, based on facility usage and established utilization criteria. If the Department concludes that the network configuration merits adjustment per the utilization criteria, the Contractor shall adjust the number of private inspection facilities, testing kiosks, and transponder/receiver systems (if such systems are already in use) as appropriate by May 3, 2013, or as soon as possible thereafter. Thereafter, WisDOT shall repeat this network review/adjustment process biennially. 5.1.29.6 Video Surveillance System Requirements The Contractor shall provide an Internet-based video surveillance system capable of providing real time monitoring and recording of inspection activity at all PIF, kiosk and TAC inspection lanes in the network. The Contractor’s video surveillance system shall be sufficient to support security, quality assurance, damage complaint resolution, and motorist convenience purposes. 5.1.29.7 Contractor Support for PIFs The Contractor shall supply all equipment and software used for performing official emissions inspections at private inspection facilities. The equipment must be uniform across all PIFs, based around a common computer/software platform, and sufficient to meet all requirements of this RFP. (See Section 5.1.5). The Contractor shall provide WisDOT with one set of fully configured PIF equipment for State use. 5.1.29.7.1 Implementation Assistance The Contractor shall provide implementation assistance to the private WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 64 of 80 facilities. Implementation assistance shall include training on the operation of the new emissions equipment, new emissions inspection procedures and program requirements, and related IT activities. 5.1.29.7.2 Public Information Support The Contractor shall supply all PIFs with the public information and repair assistance brochures described in Section 5.1.20.6. The Contractor shall ensure that all PIFs maintain adequate stocks of these brochures at all times. The Contractor shall establish criteria for determining when to reprint and restock brochures and other printed material. 5.1.29.7.3 Help Desk and Response Times The Contractor shall operate a help desk to answer questions and to field maintenance requests and equipment malfunction reports from the private facilities during normal business hours. In the event of an equipment breakdown or malfunction, the Contractor shall provide timely repairs and spare parts in accordance with the schedule provided in response to Section 4.4.8.4. 5.1.29.8 Customer Service 5.1.29.8.1 Solicitation Neither the Contractor nor its Subcontractors shall subject motorists to undue or excessive solicitation for other non-emissions related goods or services at inspection facilities. For example, neither Contractor nor Subcontractor employees shall solicit motorists to purchase goods or services as a condition of inspection or receiving a compliance certificate or waiver. The Contractor shall assist the Department in determining whether such conduct has occurred at its facilities or its subcontractors’ facilities. The Department is the final arbiter in adjudicating instances of noncompliance. 5.1.29.8.2 Notifications The Contractor and its subcontractors shall notify motorists at inspection facilities (using one or more conspicuous signs) of the following: (1) damage claims procedure information, (2) the fact that no fee is required to receive an emissions inspection; and, (3) that the motorist is under no obligation to purchase any goods or services from the emissions inspection provider. 5.1.29.9 Repair Facility Registration & Recognition The Contractor shall be responsible for maintaining and updating repair facility registration and recognition statuses. A repair facility may register with the WVIP by completing and submitting a simple business profile form. The current WVIP profile form is shown in Appendix 8. Coincident with or subsequent to registration, a repair facility may pursue recognition by submitting documentation demonstrating that it employs at least one technician in possession of a WISETECH or ASE (National Institute for Automotive Service Excellence) L1 certification. The Contractor will be expected to solicit repair facility registration through periodic profile form mailings, the repair industry outreach measures summarized in Section 5.1.29.10, and ad hoc TAC staff discussions with repair technicians. 5.1.29.10Repair Facility Outreach WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 65 of 80 The Contractor shall operate a repair industry outreach program over the contract duration. This program is designed to foster improved participation and repair effectiveness among repair facilities in the WVIP operating area. This program must include, but need not be limited to: Conducting TAC master technician-run training seminars; Hosting and sponsoring industry seminars; Updating the information provided in the Motorist Repair Guide (see Section 5.1.20.6.2) at least twice annually, and routinely providing repair facilities with their repair effectiveness index (REI); Publishing quarterly newsletters for the repair industry. (Appendix 9 shows an example of The Analyzer, the current WVIP repair industry newsletter.); and Providing a technical assistance phone number that the repair community can use to request information or schedule a TAC appointment. In combination, technician-run and industry seminars must be held quarterly (i.e., four times per year). 5.1.30 Additional Customer Support Service Requirements The Contractor shall not distribute its own company-related promotional materials at any test station or through the mail to motorists. Further, the Contractor shall not permit any company, group, or repair station to distribute, on the Contractor’s owned or leased property, any type of promotional materials to motorists, without WisDOT’s prior written approval. Mailings shall be limited to promotional materials that make reference to the WVIP. WisDOT provides I/M program information to the public, government entities and academia. The Contractor shall, in cooperation with WisDOT, develop I/M program data packages suitable for use by academia and government agencies and also establish costs for preparing and shipping the packages. WisDOT will approve the content and pricing schedule. At WisDOT’s direction, the Contractor shall provide program data to the public at reasonable cost to the requestor, including the cost of preparing and shipping. 5.2 Contract Breaches and Disputes 5.2.1 Breach of Performance Standards The Contractor is obliged to design, build, operate, maintain, and manage the Inspection System in accordance with the performance standards which include associated requirements set forth in the Contract. If any aspect of the design, construction, operation, or maintenance of the Inspection System violates such performance standards, the Contractor is responsible for correcting such breach as promptly as possible. The Department may impose one or more of the equitable remedies provided for in Section 5.2.2, and/or assess one or more of the liquidated damages allowed under Section 5.2.3, upon determination that the Contractor has violated one or more performance standards. 5.2.2 Equitable Remedies 5.2.2.1 Inadequate Testing Capacity If the Department believes the corrective actions taken by the Contractor are inadequate to resolve any deficiency, the Department may order the Contractor to take different or additional WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 66 of 80 corrective actions and the Contractor shall promptly do so. The corrective actions that may be ordered by the Department could include but are not limited to: Changes in operating procedures, personnel practices or hours of operation; Redesign, repair or replacement of operating equipment or software; Recruitment of additional inspection facilities or test lanes; and, Appropriate corrective actions directed to Contractor employees or Subcontractors. The Contractor will not be entitled to any increase in its fee from the State as a result of any corrective action undertaken pursuant to any part of this section. Any action taken by the Department under this section shall not limit or abrogate its right to seek any other remedies available to it at law or equity. 5.2.2.2 Excessive Data Management System Down-Time If the Contractor fails to operate the VIDMS in a manner that satisfies the system operating reliability standards of this RFP or the resulting contract, the Department may order the Contractor to take corrective actions including but not limited to: The redesign, repair or replacement of operating equipment or software; The acquisition and maintenance of additional spare parts; and, The improvement of the Contractor's Quality Control and Quality Assurance procedures and/or activities. 5.2.2.3 Excessive Waiting Times If the Department determines that motorist wait times at any inspection facilities exceed the contracted requirements, it shall notify and consult with the Contractor about changes designed to reduce waiting times. If the Contractor and the Department cannot agree on a solution, the Department may require the Contractor to make changes in operating procedures, to increase the number of inspection facilities, to work with Subcontractors to increase the operating hours of the affected inspection facilities, or to make any other change or combination of changes which will reduce waiting times. 5.2.2.4 Improper Inspection Procedures In addition to any liquidated damages provisions in Section 5.2.3, if the Department determines that one or more lanes of an inspection facility are not being operated in accordance with the Contractor’s and the Department’s approved testing procedures, or are being operated by unauthorized personnel, the Department shall promptly notify the Contractor orally and in writing. Any inspection procedure, which has, or could have, a potentially adverse impact on the accuracy of test performed, motorist comfort and/or safety, or could cause damage to vehicles, shall be corrected immediately. The Department may order the Contractor to lock out the affected inspection facility or test lane(s) until the Department receives and approves objective evidence that the improper procedure(s) have been corrected. The Department will re-inspect/reassess the performance of the Contractor and its Subcontractor(s) at the affected inspection facility or test lane(s) within ten (10) business days. For the purpose of this subsection, the scope of the inspection and re-inspection can include direct, on-site observations of testing operations as well as examination of data and information contained in the VIDMS or otherwise provided to the Department. 5.2.3 Liquidated Damages WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 67 of 80 Effective and efficient operation of the WVIP is necessary to maintain the Program’s critical role in improving Wisconsin’s air quality, the program’s goodwill and the high level of customer service upon which the Department insists. Failures to meet the terms and conditions of the contract may cause the Department to impose liquidated damages in order to compensate for resulting harm to the Program’s effectiveness or reputation. If the Contractor fails to construct and operate the inspection system in the manner required by the Contract, the Department may withhold payment for damages from the fees due to the Contractor an amount equal to the damages stated in this section. Such payments shall not relieve the Contractor of its obligation to remedy any breach of performance standards to which they relate. Nothing in this section shall limit the Department's right to seek damages or any other remedy at law or equity not specified in this section. 5.2.3.1 Implementation Phase Liquidated Damages The following damages may be assessed for delays in performance of the following required elements of the Implementation Schedules: For not operating the WVIP, $5,000 per day after July 2, 2012, and; For not providing the complete and fully operational Vehicle Inspection Data Management System and associated databases, $1,000 per day after July 2, 2012. 5.2.3.2 Operating Phase Liquidated Damages 5.2.3.2.1 Improper Inspection or Customer Service Procedures If the Department determines that one or more inspection facilities are not performing their contractually-defined duties in accordance with the Contractor’s and the Department’s approved testing procedures, or if lanes are being operated by unauthorized service personnel, the Contractor will be assessed damages of $500 for each improper test or service function performed. 5.2.3.2.2 Loss or Corruption of Vehicle, Test, or Related Data The Contractor is responsible for the quality and integrity of vehicle, test and other data required to be maintained on, or transmitted to, the VIDMS. If the Department determines that any data have been lost or corrupted as a result of an action or inaction by the Contractor, the Department may assess liquidated damages in the amount of $100 for each record so identified. 5.2.3.2.3 Excessive Wait Time In the event that the wait time standards established in response to Section 4.4.2 are exceeded at an inspection facility, the Department may assess damages of $500 per week for each facility at which they are exceeded. 5.2.3.2.4 Failure to Service PIFs If the Department determines that the Contractor is not providing repairs and spare parts to PIFs within the response times contained in the response to Section 4.4.7.4, the Contractor will be assessed damages of $500 for each instance of not meeting the required response time. 5.2.3.2.5 Failure to Maintain Spare Parts Inventory If the Department determines that the Contractor is not maintaining reasonable and adequate spare parts inventory for continued operation of any TACs, the Contractor will be assessed damages of $500 for each instance of downtime due to absence of spare parts. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 68 of 80 5.2.3.3 Liquidated Damages Assessment Procedure Prior to imposing any of the damage provisions in this section, the Department shall provide written notice to the Contractor specifying the nature and details of each violation, including reference to the section(s) under which the damages are being imposed and the amount of money proposed to be withheld from the Contractor’s payment. The Department shall send the notice to the Contractor within forty-five (45) days after the end of the month in which the Department becomes aware of one or more damage occurrences, and shall contain an accounting of all such situations known to the Department at that time. An action or failure to act on the part of the Contractor may violate more than one provision of this section or corollary provisions of the contract. However, due to the significance and severity of damages which may be imposed on motorists and the State as a result of Contractor action or inaction, or penalties which may be imposed on the State by the U.S. EPA for failure to operate an approved program, the Department shall have the right to determine which provision or provisions apply and assess damages accordingly. Where feasible, both parties shall make reasonable efforts to resolve such damage claims prior to the payment date of the Contractor’s invoice for the month in which the contract violation(s) occurred, or as soon as practicable thereafter. Payment of the Contractor’s invoice without resolution of such claims shall be without prejudice to the Contractor’s and State’s rights and obligations to continue to attempt to resolve such claims. The Department’s decision not to invoke liquidated damages in any instance of performance deficiency shall not be deemed to be a waiver of the State’s right to invoke liquidated damages in any other instance. 5.2.3.4 Department Option to Acquire Assets 5.2.3.4.1 Notification Upon termination, the Department shall promptly notify the Contractor whether the Department wishes to acquire the assets used or to be used in the performance of the contract by payment of the formula price set forth in this Section against delivery of good and marketable title to such assets to the Department. 5.2.3.4.2 Exercise of Option to Acquire Assets If the Department notifies the Contractor that it wishes to acquire such assets, the Contractor shall take the actions described in this Section. If the Department and the Contractor cannot immediately agree on the amount of the price to be paid for any asset, the Contractor shall convey the asset to the Department and the parties shall continue to attempt to agree on the amount of the purchase price. If no agreement can be reached, a dispute shall be deemed to exist and shall be resolved in accordance with the dispute resolution procedures contained in Section 5.2.3.5. 5.2.3.4.3 Refusal of Department to Exercise of Option to Acquire Assets If the Department does not elect to acquire the assets used or to be used in the performance of the contract, the Department may require the Contractor to sell such assets in a manner designed to maximize their selling price and to credit the proceeds against the Department's obligations to pay compensation to the Contractor. With respect to the assets described in Section 5.2.3.4, the sale price received by the Contractor shall be conclusively presumed to be equal to the fair market value (computed as set forth in Section 5.2.3.4.7) of the assets so described, and shall satisfy the Department's obligations under this Section with respect to such assets. 5.2.3.4.4 Full Satisfaction of Obligations of Department The performance by the Department of its obligations set forth in this Section shall constitute full satisfaction of all claims of the Contractor against the Department WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 69 of 80 arising from the early termination of the contract. The Department shall have the right to audit the Contractor's books and records to verify the amounts to be paid the Contractor pursuant to this Section. This provision in no way limits the remedies available to the Department under this contract in the event of termination. 5.2.3.4.5 Acquisition of Assets – Conveyances, Transfers and Assignments If the Department acquires the Contractor’s assets, the Contractor shall perform the following activities: Convey and transfer to the Department in fee simple title, all real property (including the improvements thereon) owned and used by the Contractor in the performance of the contract; Convey, transfer and assign to the Department all equipment, supplies and tools, including spare and replacement parts thereof, owned and either actually used or intended to be used by the Contractor in the performance of the contract; Assign to the Department all leases, and all rights to renew such leases, under which the Contractor is the lessee of buildings, equipment or other property actually used or intended to be used by the Contractor in the performance of the contract; and Assign to the Department all contracts with third parties for the purchase of equipment, supplies or other property which when delivered the Contractor intended to use in the performance of the contract. 5.2.3.4.6 Department Payments for Assets Upon receipt of the foregoing assets, the Department shall: Pay to the Contractor the fair market value of such assets (as determined using the process described in Section 5.2.3.4.7) conveyed to the Department; Assume all of the obligations of the Contractor under all leases assigned to the Department; and, Assume all of the obligations of the Contractor with respect to the purchase contracts assigned to the Department. 5.2.3.4.7 Fair Market Value Determination The fair market value of the Contractor's assets is deemed to be the average of two (2) appraisals as determined by one independent appraiser, which must be hired by the Department and one independent appraiser, which must be hired by the Contractor. These appraisals must be completed within 90 days of the written notice of termination and Department decision to purchase the Contractor's assets. Once completed, the two appraisals shall be compared, and if the appraisals differ by more than ten (10) percent, the Department and the Contractor shall agree to abide by the determination of a third independent appraiser mutually acceptable to both parties. The process of deciding upon a third appraiser, if necessary, shall begin as soon as practicable after the completion of the first two appraisals and a comparison of these two appraisals is made. If the parties are unable to agree on a third appraiser within 30 days of the comparison of the two (2) original appraisals, a dispute shall be deemed to exist and shall be resolved in accordance with Section 5.2.3.5. In the event the Contractor or the Department is unable to or refuses to perform their required first appraisal, or refuses to make the comparison of the appraisals required WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 70 of 80 hereinabove, then the appraisal made by the non-breaching party shall be deemed to be the Fair Market Value for purposes of this Section. If each party refuses to make their first appraisals, then a dispute shall be deemed to exist and shall be resolved in accordance with Section 5.2.3.5. 5.2.3.4.8 Verification of Amounts The performance by the Department of its obligations set forth in this Section shall constitute full satisfaction of all claims of the Contractor against the Department arising from the Department's acquisition of the Contractor’s assets. The Department shall have the right to audit the Contractor's books and records to verify the amounts to be paid to the Contractor. In the event the Department chooses to acquire the Contractor’s assets, and if the Department and the Contractor cannot immediately agree on any of the amounts set forth in this Section, the Contractor shall make the conveyances and assignments described and the parties shall continue to attempt to agree on the amounts to be paid to the Contractor. If no agreement can be reached within 30 days after such transfers, a dispute shall be deemed to exist and shall be resolved in accordance with Section 5.2.3.5. 5.2.3.4.9 Execution and Delivery of Documents If the Department acquires the Contractor’s assets, the Contractor and the Department agree promptly thereafter to execute and deliver such documents as may be reasonably necessary to effect the transactions described herein. 5.2.3.5 Disputes Any disagreement between the Contractor and the Department relating to the performance of the contract, which cannot be settled by agreement between the parties, shall be deemed to be a dispute and shall be decided by the Department. The Department shall reduce its decision to writing and mail or otherwise furnish a copy to the Contractor. This decision shall be final, subject only to the Contractor's right to such further remedies as are available by law. While pursuing any such further remedies, the Contractor shall proceed diligently with the performance of the contract in accordance with the decision of the Department. 6 COST PROPOSAL 6.1 General instructions for the cost proposal and how it will be scored The cost proposal must be submitted in a separate envelope within the written proposal package. All prices must be quoted in U.S. Dollars. The Purchasing Agent will score the cost proposals by prorating with the lowest cost proposal given the highest score. The formula is as follows: Calculation of points awarded to subsequent proposals will use the lowest 5-year total dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as the denominator. This number is then multiplied by the number of points given to the cost section of the RFP, resulting in the cost proposal score. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 71 of 80 Lowest 5-year Total Proposed Cost ___ (constant) ____ X Maximum evaluation points given to cost Other Proposer's 5-year Total Cost (varies according to proposal being scored) 6.2 = Score Format for submitting cost proposal. Use Cost Proposal—Separate Attachment E. Submit one original plus one copy. a) Labor cost (by individual and job title, list estimated hours, hourly rate and total cost). List subcontractor’s costs separately using the same criteria. b) Overhead (show as a percent of labor) (list items included in overhead) c) Travel* (estimated transportation, lodging, meals, expenses) d) Other Direct Expenses (materials, communication, etc.) e) Specific equipment, software (list items) f) Maintenance of equipment, software (5 years costs) g) Training (specify how you want it priced: by hour, by course, on site, at vendor’s location) h) TOTAL COST *State of Wisconsin’s current per-diem rates are: Meals: breakfast $8, lunch $9, dinner $17 (including tax and tip) Lodging: $70 per night, single, exclusive of tax If work is in Milwaukee, Racine, or Waukesha County, the lodging rate is $80 per night Mileage reimbursement: $0.485 per mile Airfare: coach rates WisDOT will NOT pay hourly labor rate for consultant travel time. 6.3 Fixed price period All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for ninety (90) days starting on the due date for proposals. The awarded contractor must hold the accepted prices and/or costs for the entire contract period. Any adjustment to prices and/or costs at the beginning of a contract renewal period will be negotiated between WisDOT and the Contractor. 6.4 7 Inflationary adjustment The contractor may receive an inflationary adjustment to their base fee or hourly rate(s) at the start of each contract renewal period. This increase may be based on either (1) the increase in the prevailing Consumer Price Index for Urban Wage Earners (CPI-U) for Milwaukee, Wisconsin, in effect for the first half of the current year or the second half of the previous year (whichever is more current) OR (2) five percent (5%) of the current contractor’s base fee or hourly rate, whichever is lower. REQUIRED FORMS The following forms must be completed and submitted with the proposal in accordance with the instructions given in Section 2.4. Blank forms are attached. Failure to submit all forms may result in rejection of your proposal. 7.1 Found in front section that precedes the Request for Proposal document: Request for Proposal Signature Page WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 72 of 80 Designation of Confidential and Proprietary Information Page Submit these forms under Tab 1; see section 2.4. 7.2 Found in the back section of the Request for Proposal document: Proposer Information Sheet--Attachment A. Submit under Tab 1; see section 2.4. References Sheet--Attachment B. Submit under Tab 2; see sections 2.4 and 4.5. WisDOT MBE Program Awareness, Compliance & Action Plan--Attachment C. Submit under Tab 3; see section 2.4. Mandatory Requirements--Attachment D. Submit under Tab 2; see section 2.4. Cost Proposal—Separate Attachment E posted on VendorNet. Fill out, print and submit 2 copies in a separate sealed envelope within proposal package; see section 2.4. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 73 of 80 Attachment A PROPOSER INFORMATION--Submit this completed form under Tab 1 of proposal; see section 2.4 1. PROPOSING COMPANY/ORGANIZATION NAME FEIN (Federal Employer ID Number) OR SOCIAL SECURITY NUMBER (if sole proprietorship) Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 2. State Zip + 4 Name the person to contact for questions concerning this proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 3. State Zip + 4 Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel/Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 4. State Zip + 4 Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( Address City State Zip + 4 ) WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 74 of 80 ATTACHMENT B REFERENCES (Submit this completed form under Tab 2 of proposal; see sections 2.4 & 4.3 for instructions) PROPOSER: _____________________________________________________________________________ Provide company name, address, contact person, telephone number, and appropriate information on the product(s) provided to customers similar to those requested in this solicitation document. Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate proposal page. Company Name: ________________________________________________________________________ Address (include Zip + 4) ___________________________________________________________________ Contact Person _____________________________________ Phone No. __________________________ E-Mail Address: __________________________________________________________________________ Product(s) Used and/or Service(s) Provided: ____________________________________________________ Company Name: ________________________________________________________________________ Address (include Zip + 4) ___________________________________________________________________ Contact Person _____________________________________ Phone No. __________________________ E-Mail Address: __________________________________________________________________________ Product(s) Used and/or Service(s) Provided: ____________________________________________________ Company Name: ________________________________________________________________________ Address (include Zip + 4) ___________________________________________________________________ Contact Person _____________________________________ Phone No. __________________________ E-Mail Address: __________________________________________________________________________ Product(s) Used and/or Service(s) Provided: ____________________________________________________ Company Name: ________________________________________________________________________ Address (include Zip + 4) ___________________________________________________________________ Contact Person _____________________________________ Phone No. __________________________ E-Mail Address: __________________________________________________________________________ Product(s) Used and/or Service(s) Provided: ____________________________________________________ WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 75 of 80 ATTACHMENT C WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN As a matter of sound business practice, the Wisconsin Department of Transportation is committed to “supply diversity” by promoting the use of minority business whenever and wherever possible. Further, as an agency of the State of Wisconsin, WisDOT shares in the state goal of placing five (5) percent of its total annual purchasing dollars with state-certified minority businesses. State of Wisconsin procurement policy provides that Minority Business Enterprises (MBE) certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts/projects. You, as a contractor, are strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement (second-tier suppliers), with a goal of awarding 5% of the contract price to such enterprises. Monthly or Quarterly reports are requested to be submitted to the Department of Transportation Purchasing Unit’s Minority Business Specialist, itemizing the costs of services and goods provided by certified firms. Reports should state the costs for the previous contract/project month or quarter. Authority for the MBE program is found in Wisconsin Statutes 15.107(2), 16.75(3m), and 16.755 and 560.036(2), and details about the program can be found at: http://www.doa.state.wi.us/category.asp?linkcatid=677&linkid=113&locid=0 Your complete response on the following form must address the following components of your company’s/organization’s commitment/action plan: a) Indication that you understand the WisDOT’s goal, b) Listing of any MBE vendors with which you intend to subcontract, c) Description of the various second tier MBE expenses (goods and services procured that are incidental to the contract/project; examples are: specific office supplies to perform the contract, percentage of cost for uniforms for contract staff, travel to perform the contract/project, percentage of facility maintenance services for your facility used directly by your staff during the contract/project period) your company/organization will be able to report that are in direct connection with the administration of this contract, d) Statement expressing your commitment to complete the required monthly or quarterly reports that will reflect your subcontracts and second-tier expenditures for the period. For information on certified State of Wisconsin minority business enterprises, please contact: June Robinson MBE Program Coordinator WisDOT Division of Business Management 4802 Sheboygan Avenue, Room 751 Madison, WI 53705 Phone: 608-267-2886 Fax: 608-267-3609 www.dot.wisconsin.gov/business/mbe june Robinson@dot.wi.gov A complete listing of certified minority businesses, as well as the services and commodities they provide, is available on the web at: www.doa.wi.gov/mbe and information regarding certification of minority businesses is available at: http://commerce.wi.gov/BD/BD-MBD-Index.html. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 76 of 80 ATTACHMENT C WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN Complete and sign--Submit under Tab 4 in the proposal; see section 2.4 Failure to complete this form as a component of your proposal may result in rejection of your proposal. Our company/organization is a Wisconsin-certified Minority Business Enterprise (MBE). Yes No Our company/organization is a minority business but has not yet received Wisconsin certification (please provide details): _____________________________________________ Yes No We are aware of the WisDOT’s goal to spend at least 5% of their total annual purchasing dollars with state-certified MBE firms. Yes No We are aware that if awarded this contract/project our company/organization will provide monthly or quarterly reports to WisDOT reporting all expenditure activity directed to MBE subcontractors or second-tier MBE suppliers that directly relate to this contract. (Any non-certified minority businesses could be a potential subcontractor/second-tier supplier--indicate these on your plan. WisDOT will work with those businesses for possible certification.) Yes No Subcontractors: Our company/organization intends to subcontract at least 5% dollar volume with certified MBE firms listed below (names, addresses, telephone numbers): Yes No Second-tier Suppliers: In addition to direct subcontracting efforts, your company/organization can help WisDOT achieve the 5% goal by managing your second-tier minority business purchases. Second-tier business refers to incidental business expenses your company may spend with Wisconsin-certified MBE firms as it pursues the normal course of business supplying the WisDOT-contracted products or services. Here are some examples: Percentage of your office supplies specifically used during the course of this contract/project. Percentage of uniform costs for staff performing this contract/project. If you travel to perform this contract/project, you could use a state-certified MBE travel agency and report that expense. Percentage of facilities maintenance services for facility(ies) directly used by your staff during the course of this contract/project. These second-tier expenses can only be reported to the extent that they directly relate to your business with WisDOT. The percentage of the expense you can report is determined by the amount of your WisDOT sales as it relates to your total sales volume. Per the terms of your contract, you should actively pursue directing business towards these types of companies, and report your efforts in this regard on a monthly basis. *********************************************************************************************** In paragraph form, describe your company/organization’s commitment/action plan with regard to the planned use of statecertified MBE businesses in subcontracting efforts, as well as developing MBE second-tier suppliers. Please list your specific commitments (attach sheet, if necessary). SIGNATURE: _________________________________________ DATE: __________________________________ PRINTED NAME & TITLE: _______________________________________________________________________ COMPANY: __________________________________________ PHONE NUMBER: _______________________ WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 77 of 80 ATTACHMENT D SUBMIT response under Tab 2 of proposal--see section 2.4 for proposal submittal format. Mandatory Requirements The following requirement(s) are mandatory and the proposer must satisfy them as a pass/fail pre-screening requirement. Any proposal submitted not in compliance with mandatory requirements will be rejected and not evaluated or scored. (Provide responses on Attachment D) Experience with Jurisdictional Emission Inspection Programs Proposer must have served as the primary contractor responsible for operations for the motor vehicle emission inspection programs of at least two states or other governmental jurisdictions for a combined total of five years. Proposers must describe their experience in this area in detail. Include contact name(s) and phone number(s) of government staff who can confirm the experience. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 78 of 80 Experience with Hybrid / Decentralized Emission Inspection Programs Proposer must have operated a hybrid or decentralized motor vehicle emission inspection program in at least one governmental jurisdiction for a period of at least three years. Proposer must describe the experience that meets this qualification in detail. Include contact name(s) and phone number(s) of government staff who can confirm the experience. WISCONSIN DEPARTMENT OF TRANSPORTATION RFP #268291 Page 79 of 80 ATTACHMENT E THIS EXCEL ATTACHMENT IS A SEPARATE DOCUMENT THAT IS POSTED ON VENDORNET. Please fill Attachment E out online, print and provide 2 copies in a sealed envelope as described in Sections 2.4 d) and 6.1 WISCONSIN DEPARTMENT OF TRANSPORTATION