Construction Program Guide
Special Experimental Project No. 14 - Electric Vehicle Charging Infrastructure Procurement
Sample: Simplified SEP-14 Request for EV Charging Infrastructure Procurement
To assist State DOTs with their SEP-14 requests, this sample addresses topics raised in FHWA’s July 3, 2023 memo. State DOTs may opt to make their proposals using an alternate format.
Except for the statutes and regulations cited, the contents of this document do not have the force and effect of law and are not meant to bind the States or the public in any way. This document is intended only to provide information regarding existing requirements under the law or agency policies.
<State DOT letterhead>
<to FHWA Division Administrator>
<Introduction>
Example: We request FHWA approval under the Special Experimental Project No. 14 (SEP-14) program to evaluate the use of competitive state policies and procedures to procure electric vehicle (EV) charging infrastructure projects using funds from the National Electric Vehicle Infrastructure (NEVI) formula program. We also request approval to use this same procurement process on other Federally assisted EV charging infrastructure projects in the event funds become available to the state through the Charging and Fueling Infrastructure (CFI) discretionary grant program.
<Describe the SEP-14 request and proposed state processes>
Example: We propose to use a competitive two-step solicitation process to solicit proposals from qualified entities (proposers) to design, build, operate and maintain electric vehicle supply equipment (EVSE) stations at sites across the state. Proposals are selected on a best value basis, with both technical and cost components included the evaluation.
This process is very similar to the process we have used on non-Federal funded EVSE projects in previous years. For additional information on our previous EVSE procurements, please see the attached Request for Proposals (RFP) and list of active projects. The procurement process is further detailed in the attached RFP and is compliant with state law <citation>.
We intend to make our selection of entities to carry out these EVSE projects and finalize the project agreement prices prior to completing the environmental review process at each location. Through the RFP process, we will receive necessary site information from applicants, and we will conduct the NEPA environmental reviews.
We propose to deviate from the standardized changed conditions clauses (23 CFR 635.109) and instead proposes state clauses as shown in the attachment. We also propose that the minimum contractor self-performance requirements (23 CFR 635.116(a)) be waived for these projects.
<Statements as to why SEP-14 is necessary>
Example: State law permits the processes outlined in this request, but our processes for EVSE project procurements do not meet certain requirements in 23 CFR 636 (design-build regulations). For example, state law requires our procurement process to include <insert description here> which is contrary to the requirements in <citation from 23 CFR 636>. In addition, <insert other examples where appropriate>.
By utilizing our existing competitive policies and procedures to procure EVSE projects, we can move forward with our program immediately. Without SEP-14 approval, we anticipate that projects will be delayed for months while we work to develop an alternative approach using traditional procurement methods, such as design-bid-build. We believe our established processes have resulted in high levels of competition, efficient project delivery, and transparency in our previous projects. We anticipate similar successful results in future procurements using Federal aid.
<Assurances>
Example: For EVSE procurements funded with NEVI formula funds, or other Title 23 funds, we will make minor modifications to our RFP to account for Federal construction contracting requirements, such as Form FHWA-1273, Davis-Bacon minimum wages, Buy America provisions, etc.
After receiving SEP-14 approval and prior to requesting the obligation of Federal funds, our project manager will share a copy of the proposed solicitation documents with the FHWA Division Office for review and comment.
The solicitation documents will include a provision that our subrecipients carrying out EVSE procurements under this SEP-14 request will be required to follow the policies and procedures allowed by the State, as per 2 CFR 1201.317. In recognition that subrecipients under this program may be less familiar with delivering Federal-aid projects, <describe the state’s approach for providing oversight and monitoring of subrecipients here>.
<Evaluation of contracting method>
Example: We are committed to evaluating the use of this experimental contracting method of our Federal-aid EVSE projects. We will assess whether our processes are competitive, cost-effective, and how they lead to efficient project delivery. We will also assess how modifying other requirements (such as changed conditions clauses and minimum self-performance) impacted project delivery. Within 90 days of making the first round of selections and awards, we will provide the FHWA Division Office with an initial evaluation discussing the above items and will include reaction from industry. On an annual basis, we will update this evaluation with data and analysis of the awards from the previous 12-month period. This process will continue annually until all sites funded under this program have entered the operation and maintenance phase. At that point, we propose to make a final evaluation that will summarize the benefits and lessons-learned of this project delivery method. We will share our findings with the FHWA Division Office.
Sincerely,
<State DOT Official>