§ 35A-3. Applicability of subtitle.

(a) Contract value.

This subtitle only applies to vehicle procurement contracts or subcontracts worth $16,000.00 or more.

(b) Zero-emission vehicle equivalence.

(1) In general.

The Department of General Services shall:

(i) determine if a zero-emission vehicle equivalent is available to satisfy each vehicle procurement contract and subcontract; and

(ii) if the Department determines that a zero-emission vehicle equivalent is available, recommend at least 1 zero-emission vehicle equivalent to the City Purchasing Agent to satisfy the vehicle procurement contract or subcontract.

(2) Determination of equivalency.

The Department of General Services shall consider the following factors when determining if a zero-emission vehicle equivalent is available to satisfy a vehicle procurement contract or subcontract:

(i) operational and reliability specifications;

(ii) cost; and

(iii) market availability.

(3) Equivalency factor – Cost.

In determining equivalency, analysis of the “cost” factor required by paragraph (2) shall include:

(i) the evaluation of the available zero-emission vehicle infrastructure and whether it is sufficient to support zero-emission vehicles to be procured under the subject vehicle procurement contract or subcontract; and

(ii) what, if any, construction of new zero-emission vehicle infrastructure is required to support the procurement of zero-emission vehicles under the subject vehicle procurement contract or subcontract.

(4) Zero-emission vehicle equivalent – Unavailable.

If the Department of General Services determines that a zero-emission vehicle equivalent is unavailable to fulfill a single vehicle procurement contract or subcontract the Department shall deliver a certified determination by the Director or the Director's designee to the City Purchasing Agent containing:

(i) an explanation of the determination;

(ii) the Department's analysis of the following factors:

(A) operational and reliability specifications;

(B) cost; and

(iii) supporting materials.