VEHICLE MANUFACTURER PURCHASING RESTRICTIONS - 4121.8

A. California Air Resources Board Aligned Vehicle Manufacturer Purchasing Mandate

Beginning January 1, 2020, state agencies are required to purchase vehicles from Original Equipment Manufacturers (OEMs) that recognize California’s authority to set vehicle emission standards under section 209 of the Clean Air Act, and have aligned with the California Air Resources Board (CARB) in their commitment to reducing their fleets’ emissions, pursuant to the policies set forth in this section. A current list of CARB-aligned OEMs can be found on the Department of General Services (DGS), Office of Fleet and Asset Management (OFAM) website (https://www.dgs.ca.gov/OFAM/Resources/Page-Content/Office-of-Fleet-and-Asset-Management-Resources-List-Folder/Vehicle-Manufacturer-Purchasing-Restrictions).

Pursuant to SAM Section 4120, state agencies are required to submit a fleet acquisition plan (FAP) to DGS when seeking to add or replace vehicles within their fleets. When submitting a FAP to DGS, state agencies shall select vehicles from DGS-issued state vehicle contracts, in designated vehicle categories subject to this policy, based on the following priority structure:

Priority Level 1:   Vehicles from CARB-aligned OEMs.

Priority Level 2:   Vehicles from non-CARB-aligned OEMs.

Designated vehicle categories subject to this policy are listed on the DGS OFAM website (https://www.dgs.ca.gov/OFAM/Resources/Page-Content/Office-of-Fleet-and-Asset-Management-Resources-List-Folder/Vehicle-Manufacturer-Purchasing-Restrictions). In vehicle categories where there is no available Priority Level 1 vehicle, state agencies must meet the exemption criteria outlined in Subsection B to purchase a Priority Level 2 vehicle.

State agencies requesting to purchase a Priority Level 2 vehicle, where there is a Priority Level 1 vehicle available in the same vehicle category, must be able to sufficiently demonstrate why their programmatic transportation requirements could not be satisfied with the available Priority Level 1 vehicle. To be approved for exemption from Priority Level 1, the purchase request must be fully justified in accordance with criteria outlined in Subsection B. 

B. CARB-Aligned OEM Vehicle Priority Level Exemptions

Agencies requesting an exemption from procuring a CARB-aligned OEM Level 1 vehicle must submit a justification for each non-CARB-aligned OEM Level 2 vehicle being requested with the agency’s FAP. Exemptions will only be considered and approved under limited circumstances and will require final approval by the director of the Department of General Services, subject to review by the secretary of the California Government Operations Agency. For an exemption to be approved, state agencies must provide justification that sufficiently demonstrates:

1. the acquisition of a Priority Level 1 vehicle would have a severe and extended impact to the agency’s ability to execute its programmatic responsibilities; and

2. the requested acquisition is necessary to protect the health, safety, or security of the public or is necessary to provide critical services and functions; and

3. the requested acquisition cannot be supported with an existing fleet asset; and

4. the requested acquisition is urgently required to ensure the state’s ability to execute its programmatic responsibilities and cannot be postponed to subsequent years.

C. Public Safety Special Performance Exemption

State agencies that can sufficiently demonstrate the need for one or more vehicles with special performance requirements necessary for the protection of public safety and welfare shall not be subject to the CARB-Aligned Vehicle Manufacturer Purchasing Mandate outlined in Subsection A. When invoking the Public Safety Special Performance (PSSP) exemption, state agencies must submit sufficient justification with the agency’s FAP that demonstrates:

1. the requested acquisition(s) is necessary to protect the health, safety, or security of the public or is necessary to provide critical services and functions; and

2. the requested acquisition(s) meets the PSSP criteria outlined in SAM Section 4121.4.

Note: This purchasing policy shall take precedence over all other non-statutorily mandated fleet purchasing policies.

Note: This purchasing policy shall take precedence over all other non-statutorily mandated fleet purchasing policies.