ESBD_361484_1717539051066_601440000044892_Solicitation Package.pdf

INSTRUCTIONS TO RESPONDENTS

USE OF NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING CODE

The Texas Department of Transportation (TxDOT) uses the National Institute of Governmental Purchasing, Inc., (NIGP) code to standardize purchases by conforming to the class, item, and group structure of the code. The NIGP code is used to select vendors for our master vendor file from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL).

New suppliers and other vendors wishing to furnish materials, equipment, supplies and services to TxDOT should apply to be on the CMBL to receive bidding opportunities.

Existing TxDOT vendors need only be concerned that the information listed on the CMBL file is correct, and that the applicable NIGP class and item are selected for those you can provide.

CMBL information is available online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ or by phoning 1-512-463-3459.

Early Payment Program - TxDOT is offering an important program to all respondents that provide prioritized invoice processing and payments (prior to the 30th day after receipt of a correct invoice). The program provides enrolled vendors enhanced benefits from improved invoice processing to priority handling to cash advancement and technology efficiencies.

Respondents offering a cash discount in exchange for TxDOT’s priority invoice processing and early payment agreement should complete and return the attached form entitled “Priority Invoice and Early Payment Program” with the response.

Additional information may be found at the following website: http://www.txdot.gov/business/vendors/epp.html

Revised 05/08/2024

THE ATTACHED SOLICITATION SHOULD BE RETURNED AS FOLLOWS:

must be received before the hour and dateAll responses for Solicitation No.

specified

All reference to time in the solicitation shall mean Central Time.

Email responses must be sent to PRO_Bids@txdot.gov. Email responses must not exceed 20 MB and be in portable document format (PDF) or Excel format for pricing schedules, signed by respondent, and attached to the email to be considered for award. Emails exceeding 20 MB must be sent to PRO_Bids@txdot.gov through managed file transfer services such as, but not restricted to, Dropbox™. TxDOT will not be responsible for failure of electronic equipment, operator error, server delays, or system outages. Responses that are late, illegible, incomplete, file corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

Respondent must place the following in the subject line of their email submission: Solicitation Number, Company Name.

The response must be sent only to PRO_Bids@txdot.gov. Any response sent to any email address other than PRO_Bids@txdot.gov - whether directly, courtesy copy (cc), or blind copy (bcc) - will be considered non-responsive.

For hand delivery or courier service, United States Postal Service, Federal Express, United Parcel Service, or other mail delivery service, contact the purchaser for assistance.

DFURGERS

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DFURGERS

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Invitation for Bid Aircraft Tractor

Solicitation No. 601440000044892 NIGP Class-Item: 035-93

Purchaser: Darren M. Furgerson, CTCD

Solicitation Calendar of Events

Estimated Solicitation Posting Date: 06/04/2024 Deadline for submission of questions:

Reference Paragraph 6 – Contact Information 06/11/2024

TxDOT Response to Questions to be posted by:

06/13/2024

Response Due Date: 06/18/2024 at 3:00 P.M.

Tentative Date for Contract Award: 06/21/2024

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1. Description of Goods:

This is a re-solicitation of 601440000043455 to establish a contract for an Aircraft Tractor for TxDOT's Aviation Division (AVN) located at 10335 Golf Course Road, Austin TX 78719.

2. Electronic State Business Daily (ESBD):

This solicitation is posted on the ESBD.

It is the responsibility of the respondents to check the ESBD for addenda or additional information related to the solicitation. Vendors active on the CMBL at the time the solicitation was posted will receive notifications regarding addenda or additional information related to the solicitation.

https://www.txsmartbuy.com/esbd

3. Order of Precedence: In the event of any conflict, terms contained in the document shall prevail in the order as listed below:

3.1. Solicitation No. 601440000044892

3.2. TxDOT Terms and Conditions, October 2023

3.2.1. Payment will be made in accordance with Part 4, Para. 4.04 (b)

3.3 Specification No. 035-93-44892 Dated June, 2024

Respondent must be an official authorized dealer or authorized reseller of the products being solicited.

Respondent will be required to submit documentation and proof that they are an authorized dealer or reseller within 2 days of the request from TxDOT.

3.4 Pricing Schedule

3.5 Execution of Bid

4 Delivery:

Delivery must be made between 8:00 a.m. and 4:00 p.m. Monday through Friday except on regularly-observed state or federal holidays.

5 Texas HUB Subcontracting Plan:

Subcontracting opportunities are not probable. Therefore, respondents are not required to submit a HUB Subcontracting Plan (HSP) with their response at the time of submission.

However, if during the term of the contract, subcontractors will be used in the delivery of the goods and/or services, the awarded contractor(s) must complete a HSP to verify their intent to subcontract and show their good faith effort to contract with HUBs and submit for TxDOT approval prior to use of the subcontractor(s). In addition, the contractor(s) must submit monthly a “Prime Contract Progress Assessment Report” and “HUB Subcontracting Plan (HSP) Progress Compliance Form - 2579” to the point-of-contact on the contract and TxDOT’s Civil Rights Division.

6 Contact Information:

The individuals listed below are the only authorized TxDOT contacts. Contacting any other TxDOT personnel regarding this solicitation, may result in the respondent being disqualified. Any changes as a result of questions will be made by TxDOT in the form of an addendum to the solicitation; no oral changes will be considered.

https://www.txsmartbuy.com/esbd

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For clarification or questions regarding this solicitation, respondents may contact:

Primary Contact: Darren Furgerson, CTCD Phone: (512) 486-5433 Email: Darren.Furgerson@txdot.gov

Secondary Contact: Jason Jones, CTCD Phone: (915) 790-4347 Email: Jason.Jones@txdot.gov

When submitting questions through vendor discussion, the vendor must include the name of the document and paragraph number related to the question.

NOTE: For assistance in submitting questions through Bonfire use the following link and reference the document and paragraph the question pertains to:

https://vendorsupport.gobonfire.com/hc/en-us/articles/6832480724503-How-do-I-contact-the-Project-Owner-

7 Vendor Performance:

TxDOT will monitor performance on a regular basis.

18.1. TxDOT may consider the following performance by the vendor as unsatisfactory performance - An unsatisfactory performance determination includes, but is not limited to:

18.1.1. Failure to deliver any portion of the work product.

18.1.2. Failure to deliver a usable work product during the term of the contract.

18.2. Exceptional performance determination includes, but is not limited to:

18.2.1. Deliverables made early upon TxDOT member request.

18.2.2. Vendor commended for exceptional customer service.

8 Warranty:

Vendor must warrant equipment for a minimum of 12 months. If the manufacturer's standard warranty period exceeds 12 months, the standard warranty period shall apply. The warranty begins on the date the unit is determined to meet specifications and accepted into TxDOT’s inventory. Vendor must furnish a warranty with the equipment indicating the terms and conditions of the warranty and list of names and addresses of servicing dealers in the state of Texas who perform warranty work.

9 Manual(s):

Original manual(s) containing an illustrated parts list(s) and operating and service instructions for the unit must be delivered with each unit. A copy of the manual(s) is not acceptable.

28.1. Electronic copy of manual(s) from the manufacturer is acceptable.

28.2. Manual(s) must include all necessary service, warnings, operating instructions, and safety precautions for each unit delivered.

28.3. Parts list(s) must cover all components of the unit. Each part must be identified by part number, description, and component location.

The following additional information must be provided by vendor at time of delivery if not included in the manual referenced above:

28.4. Manufacturer’s recommended service and preventive maintenance intervals.

28.5. Recommended fluids, lubricants, and their SAE/API equivalents.

mailto:Darren.Furgerson@txdot.gov mailto:Jason.Jones@txdot.gov https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendorsupport.gobonfire.com%2Fhc%2Fen-us%2Farticles%2F6832480724503-How-do-I-contact-the-Project-Owner-&data=05%7C01%7CKurt.Wells%40txdot.gov%7Ceb6e7b70ece846afa46608db15a9a5f9%7C39dba4765c094c6391dace7a3ab5224d%7C0%7C0%7C638127590596654068%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dWDwquiy5%2BjXSpIwpdKffjM1R8tf8Q4yQDkll2dIXhU%3D&reserved=0 https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Fvendorsupport.gobonfire.com%2Fhc%2Fen-us%2Farticles%2F6832480724503-How-do-I-contact-the-Project-Owner-&data=05%7C01%7CKurt.Wells%40txdot.gov%7Ceb6e7b70ece846afa46608db15a9a5f9%7C39dba4765c094c6391dace7a3ab5224d%7C0%7C0%7C638127590596654068%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dWDwquiy5%2BjXSpIwpdKffjM1R8tf8Q4yQDkll2dIXhU%3D&reserved=0

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10 Quantity Increase Provision Upon mutual agreement between TxDOT and vendor, the quantity of the awarded contract may be increased up to the original quantity for like equipment at the same unit price through 08/31/2024.

Vendor will be notified in writing, via a purchase order change notice (POCN), of any additional quantities required and the FOB destination within the state of Texas to which the additional quantities must be delivered.

Delivery of additional unit(s) ordered under this provision must be made within the number of days stated in the contract, from the date the POCN is issued.

11 Response Submission:

11.3 GENERAL FORMAT: The respondent must submit one signed and dated response to include the documentation required per response paragraph 7.4 through the Bonfire system: https://txdot.bonfirehub.com/

NOTE: Any response sent to TxDOT personnel via email - whether directly, courtesy copy (cc), or blind copy (bcc) - will be considered non-responsive. For hand delivery or courier service, United States Postal Service, Federal Express, United Parcel Service, or other mail service, contact the purchaser for assistance.

11.4 The respondent shall not encrypt or password protect response or embed documents within the response; each section must be its own separate document.

11.5 RESPONSE: Failure by the respondent to submit the documentation listed below will result in the response being considered non-responsive. The response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

11.5.1 Section 1 – Pricing Schedule

11.5.2 Section 2 – Execution of Bid

11.5.3 Section 3 – Texas Family Code Schedule

11.5.4 Section 4 – Data Sheet Schedule

11.5.5 Section 5 – Addenda: Acknowledgement of associated addenda, if applicable.

NOTE: TxDOT reserves the right to waive minor errors and omissions, reference paragraph 2.02(h) of TxDOT Terms and Conditions.

12 Post Award Meeting: The successful respondent(s) may be required to attend a post award meeting with TxDOT within 10 business days after the award. If a post award meeting is scheduled, TxDOT will advise each respondent in writing of the location, date, and time. The purpose of the meeting is to discuss the terms and conditions of the award and to provide additional information regarding the contract. The awarded vendor and TxDOT shall identify specific goals, strategies, and activities planned for meeting program area objectives.

13 Debriefing Meeting: A respondent who responded to the solicitation may request a debriefing meeting within 30 calendar days of the award being posted to the ESBD.

Respondent must request this meeting in writing from the purchaser listed on the solicitation.

https://txdot.bonfirehub.com/

TEXAS DEPARTMENT OF TRANSPORTATION

SPECIFICATION NO.

TXDOT 035-93-44892

DATED: June 2024

Aircraft Tractor This specification is a product of the Texas Department of Transportation (TxDOT). This specification may not be sold for profit or monetary gain. If this document is altered in any way, the header and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity.

SCOPE: This Specification is to provide an Aircraft Tractor for TxDOT Aviation Division located at 10335 Golf Course Road, Austin TX 78719.

Example

TLD Model TMX-50, JBT Lektro Model AP8700CX, Eagle Model TTR-6 or TxDOT approved equal.

Aircraft Tractor Specifications

The Aircraft Tractor must have:

1. A minimum GVWR of 7k.

2. A maximum length of 15’ and width of 7’.

3. 4WD and 4-wheel steering.

4. DANA axles or approved equal.

5. A minimum towing capacity of 20k pounds.

6. A Tier 4F compliant diesel engine.

7. DANA powershift transmission or approved equal.

8. 2 forward and 1 reverse speed.

9. Front and rear 3 level hitches.

10. Tow mode button.

11. Parking brake light.

12. Front hitch mirror.

13. Mirror on rear.

14. Leaf spring suspension.

15. Dual braking circuit.

16. Hydraulic release parking brake.

17. Seating for 3, driver suspended seat included.

18. A maximum unloaded speed of 15 mph.

19. A maximum towing speed of 5 mph.

20. Ignition keyed with anti-restart switch.

21. Buzzer and reverse light.

22. 12V LED long-life lights.

23. A Phenom 100 poke-yoke adapter.

24. Dual-unit digital back-lit instrument display offering engine diagnostics and full instrumentation.

25. Electronic, CD-ROM, and hardcopy manuals.

26. 30-month manufacturers bumper-to-bumper warranty.

27. Color: White chassis, gray top and side covers.

Additional Requirements

Vendor must have the capability of offloading equipment on TxDOT property when delivering.

Examples provided are to list the type and size of equipment referenced, equipment bid shall meet the specifications listed.

Price bid must include pallet charges and freight costs to ship the equipment to the address provided on the solicitation.

TxDOT may ask for specifications prior to award.

DATA SHEET SCHEDULE

SOLICITATION No. 601440000044892

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AIRCRAFT TRACTOR – TXDOT AVIATION FLIGHT SERVICES

Respondent must provide the information below and include in solicitation response.

Make_________________________________ Model_________________________________

GVWR_________________________________

Length (feet)_______________________ Width (inches)________________________

4WD and 4-wheel Steering (Yes or No)_______________________________________

Axle Brand____________________________

Minimum Towing Capacity__________

Tier 4F Diesel Engine (Yes or No)_________

Transmission Brand________________ Number of speeds (Forward and Reverse)________________

Hitch Type (Front and Rear)__________________

Tow Mode Button (Yes or No)____________ Parking Brake Light (Y/N)___________

Front Hitch Mirror (Yes or No)_____________ Mirror on Rear (Y/N)_______________

Suspension Type (include make and model, if applicable) _______________________________________

Dual Braking Circuit (Yes or No)______________________ Hydraulic Release Parking Brake__________________________

Seating for Three (Yes or No)__________________________

Maximum Unloaded Speed (MPH)___________________________ Maximum Towing Speed (MPH)___________________

Buzzer and Reverse Light (Yes or No)_______________________ 12V LED Long-life Lights (Yes or No)________________

Phenom 100 Poke-yoke adapter (Yes or No)_______________________________

Dual-unit digital back-lit instrument display offering engine diagnostics and full instrumentation (Yes or No)____________________

Electronic, CD-ROM, and Hardcopy Manuals (Yes or No)______________

30-Month Manufacturers Bumper-to-Bumper Warranty (Yes or No)__________________________

Color___________________

Official authorized dealer or authorized reseller? (Yes or No)_______________________________

Respondent Company:_______________________________________________

Respondent Signature:_______________________________________________

FAILURE TO PROVIDE A COMPLETED DATA SHEET SCHEDULE WITH THE RESPONSE WILL RESULT IN THE RESPONSE

BEING CONSIDERED NON-RESPONSIVE.

Revised: September 27, 2023

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TEXAS FAMILY CODE SCHEDULE

SOLICITATION NO. 601440000044892

Ineligibility to Receive State Grants or Loans or Receive Payment on State Contracts Respondent shall fill out the appropriate information, sign and return the schedule.

Under Family Code §231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate. Any response submitted under this solicitation shall contain the names and social security numbers of person or entity holding at least a twenty-five percent ownership interest in the business entity submitting the response.

Respondents meeting the ownership must complete the following:

XXX-XX-

Name Social Security Number

XXX-XX-

Name Social Security Number

XXX-XX

Name Social Security Number

If respondent does not meet the ownership criteria under Texas Family code - Section 231.006, check the box below, sign and return the schedule.

This Schedule is not applicable

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

Signature

Title

THIS PAGE MUST BE RETURNED WITH THE RESPONSE. FAILURE TO SIGN AND RETURN THIS

PAGE MAY RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.

Revised October 2023

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TEXAS DEPARTMENT OF TRANSPORTATION

TERMS AND CONDITIONS

PART 1. INTRODUCTION

1.01 GENERAL: These Terms and Conditions apply to the solicitation for goods and/or services [whether a Request for Quote (RFQ), Invitation for Bid (IFB), Request for Offer (RFO) or Request for Proposal (RFP)] offered by the Texas Department of Transportation (TxDOT) (“solicitation”) and any contract issued by TxDOT resulting from the solicitation (“purchase order” or “contract”). The term “response” or “bid” means the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. The term “respondent” or “bidder” means the party who submits the response to the solicitation, including the vendor. The term “vendor” or “contractor” means the party listed as vendor in the contract. Any reference to time in the solicitation or contract shall mean central time.

1.02 STATUTORY AUTHORITY: The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and Chapter 2161 (Historically Underutilized Businesses, “HUBs”)] and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.03 TITLE VI ASSURANCE: TxDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and 49 C.F.R. Part 21 and 28 CFR §50.3 (for purposes of this section and §6.10 only, the “Acts” and the “Regulations,” respectively), hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Nondiscrimination programs require that federal-aid recipients, sub-recipients, and contractors prevent discrimination and ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally-funded or not.

1.04 ENVIRONMENTAL IMPACT: It is TxDOT’s intent to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economic considerations in accordance with 34 TAC §20.306 and 20.307.

1.05 COMPLIANCE WITH LAWS: Vendor must comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting contract performance, including, if applicable, laws and regulations regarding workers’ compensation, minimum and maximum salaries and wages, prompt payment, and licensing. Vendor must maintain all licenses and certifications required by law or by the contract throughout the term of the contract. When required, vendor must furnish TxDOT with satisfactory proof of its compliance.

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

(a) Respondent must carefully examine the solicitation. Respondent is responsible for securing any additional information from the TxDOT purchaser needed to gain a clear and full understanding of TxDOT’s requirements.

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(b) TxDOT will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. Any revision, clarification, or interpretation pertaining to the solicitation will be in writing and issued by TxDOT as an addendum. Any change or interpretation not in an addendum will not legally bind TxDOT. Any addendum must be issued through TxDOT’s Procurement Division.

(c) The goods furnished or services performed shall be in accordance with the specifications set forth in the solicitation and with these Terms and Conditions. TxDOT will provide clarification of the specifications and determine the quality and acceptability of goods furnished or work performed.

If the solicitation is for a service, TxDOT will determine the manner of performance, the rate of progress of the work, and whether vendor’s performance of the service is acceptable.

(d) Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive only (not restrictive) and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised as proprietary or sole source under Government Code §2155.067. Respondent must show manufacturer, brand or trade name, and other description of the product offered in response to the solicitation. If offer is for other than example(s) shown in the solicitation, include illustration(s) and complete description(s) of product(s) in the response to the solicitation. If respondent takes no exception to specifications or reference data in the response, vendor will be required to furnish brand names, numbers, etc., as specified.

(e) Unless otherwise specified, all goods offered must be new and in first-class condition, including shipping and storage containers. Verbal agreements to the contrary will not be recognized.

(f) Manufacturer’s standard warranty must apply unless otherwise stated in this solicitation.

(g) All electrical items must meet all applicable OSHA standards and regulations and bear the appropriate listing from UL, FMRC, or NEMA.

(h) Any iron or steel product produced through a manufacturing process and used in the project must be produced in the United States, to the extent required by Government Code Chapter 2252, Subchapter F. That Subchapter generally applies to contracts to (A) construct, remodel, or alter a building, a structure, or infrastructure; (B) supply a material for a project described by subsection (A); or (C) finance, refinance, or provide money from funds administered by a governmental entity for a project described by subsection (A).

2.02 RESPONSE SUBMISSIONS

(a) Response must be submitted as noted in the solicitation.

(b) Response must be time stamped in TxDOT’s mail room or hand-delivered to the address on the solicitation before the hour and date specified for the solicitation opening. Late responses will not be considered under any circumstances and will be returned unopened to respondent.

(c) Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for locating or securing information not included in the response. Failure to furnish required documentation with the response may result in the response being deemed incomplete and non-responsive, resulting in rejection. TxDOT will not be responsible for any expenses relating to responses or development of documentation that may result from this solicitation.

(d) Failure to sign the solicitation will disqualify the response. The person signing the response must have authorization to contractually bind the company. The solicitation response must include an Employer Identification Number (EIN) and full firm name and address. The EIN should be entered in the space provided on the solicitation.

(e) Facsimile (Fax) responses will not be considered unless otherwise stated in the solicitation. Fax responses must be received before the hour and date specified for the solicitation opening.

TxDOT will not be responsible for failure of electronic equipment or operator error. Responses that are late, illegible, incomplete, or otherwise non-responsive will not be considered.

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(f) Email responses may be accepted if stated on the solicitation. Email responses must be received before the hour and date specified for the solicitation opening and be in Portable Document Format (PDF) (except for pricing schedules, which must be submitted in Excel format using the pricing spreadsheet developed by the department). All attached documents together must not exceed a total of 20 MB, must be signed by respondent, and be attached to the email to be considered for award. TxDOT will not be responsible for failure of electronic equipment, operator error, or system delays or outages. Responses that are late, illegible, incomplete, file-corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

(g) RESPONDENT EXCEPTIONS OR CONDITIONED RESPONSES: Exceptions taken by respondent to TxDOT’s Terms and Conditions, or respondent’s Terms and Conditions attached to a response, will not be considered unless specifically referred to and clearly identified as such within the response, including, without limitations, exceptions related to software maintenance and usage or equipment maintenance services. TxDOT may reject a response that takes exception to TxDOT’s Terms and Conditions.

(h) TxDOT reserves the right to accept or reject all or any part of any response, waive minor technicalities, and make an award to best serve the interests of the state. TxDOT reserves the right to reject any response not prepared and submitted in accordance with the solicitation requirements.

(i) Response should indicate number of days required to deliver goods, or begin service (if required), at TxDOT’s designated location. Failure to indicate delivery time obligates vendor to complete delivery in fourteen (14) calendar days.

(j) Samples, when requested, must be furnished at no cost to TxDOT. TxDOT may perform tests on samples. If not destroyed in testing, samples will be returned upon request at respondent’s expense. Each sample must be marked with respondent’s name and address and TxDOT solicitation number. Samples must not be enclosed or attached to a response unless specified in the solicitation.

(k) The response, including price, is irrevocable for 120 calendar days following the hour and date specified for the solicitation opening. TxDOT may extend this period with respondent’s written agreement.

2.03 PRICING

(a) TxDOT’s automated purchasing system requires pricing to be submitted per unit and extended by multiplying the submitted price by the quantity. Unit prices govern in the event of extension errors. If a trade discount is offered on the solicitation response, it should be deducted, and net line extensions should be shown.

(b) All purchases are on a firm, fixed price basis unless otherwise stated in the solicitation.

(c) Vendor must not increase price(s) during the term of the contract unless otherwise stated in the contract. Vendor must give price reductions to TxDOT that result from reduced cost to vendor during the term of the contract.

(d) All prices must be F.O.B. destination, freight prepaid and allowed. This means vendor must prepay the freight charges and include them in the unit price.

(e) Purchases made for state use are exempt from state and local sales tax and federal excise tax.

Do not include tax in response pricing unless otherwise specified in the solicitation. State Sales Tax and Federal Excise Tax Exemption Certificates will be furnished by TxDOT on request.

(f) The contract may contain a “Total Cost Not to Exceed” statement. Vendor must not perform any work that may exceed either the contract total or the not-to-exceed total without prior written authorization from TxDOT.

(g) Consistent and continued tie response pricing may lead to rejection of the responses by TxDOT and investigation for antitrust violations.

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2.04 ADA CONSIDERATIONS AND NOTIFICATION: Persons with special needs or disabilities who plan to attend any pre-response conference or bid opening and who require auxiliary aids or service should contact the purchaser noted on the solicitation as the point-of-contact a minimum of three (3) business days prior to the meeting so arrangements can be made.

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

(a) At the time of opening for RFOs or RFPs, only the names of respondents will be announced.

Prices will not be disclosed.

(b) At the time of opening for RFQs and IFBs, names of respondents will be announced, and pricing disclosed.

(c) Information submitted in an accepted response will not be returned to respondent. Government Code Chapter 552 (the “Public Information Act”) allows the public to have access to information in the possession of a governmental body through an open records request. Therefore, respondent must clearly identify in the response any confidential or proprietary information. Proprietary information identified by respondent in the response will be kept confidential by TxDOT to the extent permitted by state law. TxDOT will use best efforts to give respondent or vendor an opportunity to present to the Office of the Attorney General its arguments for non-disclosure of its identified confidential or proprietary information.

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

(a) Any alterations to a response made before the opening date and time must be initialed by respondent or authorized agent. Response cannot be altered or amended after the opening date and time.

(b) A response may be withdrawn if requested in writing prior to the opening or closing date and time.

A response may be withdrawn from consideration after the opening date only with the approval of TxDOT based on respondent’s written, acceptable reason. The response will not be considered for award but will be retained by TxDOT according to the response information confidentiality provision referenced in §2.05 (c).

2.07 DETERMINING AWARD: A response to a solicitation is an offer to contract with TxDOT based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become contracts unless and until they are accepted through an authorized TxDOT designee by issuance of a contract. In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations, unless otherwise stated in the solicitation.

(a) BEST VALUE CRITERIA FOR PURCHASE OF GOODS OR SERVICES: When specified in the solicitation, the factors listed in Government Code §2155.074 will be considered in making a best value award. This section allows TxDOT to apply best value criteria to obtain goods and services that provide the best value for TxDOT. Under these guidelines, a respondent is not automatically awarded a contract if they submit the lowest bid response. TxDOT will be the sole judge as to which response is the most advantageous and in the best interest of TxDOT.

Factors, other than price, that may be considered in making an award:

(1) Installation costs.

(2) Life cycle costs.

(3) Quality and reliability of goods and services.

(4) Delivery terms.

(5) Indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support.

(6) Cost of any employee training associated with a purchase.

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(7) The effect of a purchase on agency productivity.

(8) The impact of a purchase on the agency's administrative resources.

(9) Other factors relevant to determining best value for the state set forth in the solicitation.

(b) ADDITIONAL BEST VALUE CRITERIA FOR RFO PURCHASES: As provided in Government Code §2157.003, additional best value criteria will be used on all information technology equipment or service purchases including but not limited to:

(1) Purchase price.

(2) Compatibility to facilitate exchange of existing data.

(3) Capacity for expansion and upgrading to more advanced levels of technology.

(4) Quantitative reliability factors.

(5) Level of training required to bring end-users to a stated level of proficiency.

(6) Technical support requirements for maintenance of data across a network platform and management of the network’s hardware and software.

(7) Items, features, etc., which are in addition to requirements listed, as well as factors which, in TxDOT’s opinion, add value to the product or service but are not specifically required within the solicitation.

(c) NEGOTIATIONS FOR RFO AND RFP PURCHASES: TxDOT reserves the right to conduct formal negotiations with respondent(s) judged to have the best offer pertaining to price, goods, services, and terms.

(d) TxDOT reserves the right to reject a response from a respondent whose goods or services to TxDOT or other state agencies have been documented as unsatisfactory in providing the same goods or services.

(e) TIE RESPONSES: In case of tie responses, one or more preferences described in Government Code Chapter 2155 and 34 TAC §20.306 will be used to make an award. Tie responses which cannot be resolved by application of one or more preferences will be made by drawing lots.

2.08 PREFERENCES: A respondent may claim a preference under 34 TAC §20.306. To claim a preference, a respondent must identify the preference on the solicitation or on the response to the solicitation. If the appropriate area on the solicitation or response is not marked, a preference will not be granted unless other documents included in the response show a right to the preference.

2.09 DELIVERY: No substitutions or cancellations will be permitted without written approval from TxDOT.

Approval must be issued in the form of a purchase order change notice issued by TxDOT’s Procurement Division.

(a) If delay is foreseen, vendor must promptly give written notice to TxDOT. TxDOT has the right to extend delivery or service date if reasons appear valid. Vendor must keep TxDOT advised at all times of the status of the order. Default in promised delivery or service date (unless vendor has received a written extension of the delivery or service date which has been signed by TxDOT) or failure to meet specifications authorizes TxDOT to purchase goods or services elsewhere and charge the full increase, if any, in cost and handling to defaulting vendor.

(b) Delivery must be made between the days and hours stated in the solicitation.

(c) Receipt of goods or services does not constitute acceptance.

(d) Goods and materials must be properly packaged. Damaged goods and materials will not be accepted. If the damage is not readily apparent at the time of delivery, the goods shall be returned to vendor at no cost to TxDOT. TxDOT reserves the right to inspect goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery.

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2.10 INSPECTIONS AND TESTS: TxDOT may test and inspect goods and services purchased under the contract to ensure compliance with the specifications of the contract. TxDOT may also test and inspect goods and services before they are purchased under the contract. Goods and services will be subject to inspection and testing by TxDOT to the extent practicable at all times and places, including, without limitation, vendor’s place of business. To the extent practical, the inspections will not disrupt vendor’s daily operations. Tests will be performed on samples taken from regular shipments. In the event samples tested fail to meet all conditions and requirements of the specification, TxDOT may, at its option, reject the goods in whole or in part. The cost of the sample used and the cost of the testing shall be borne by vendor. Goods which have been delivered and rejected in whole or in part may, at TxDOT’s option, be returned to vendor or held for disposition at vendor’s risk and expense. Latent defects may result in cancellation of the contract at no expense to TxDOT. Acceptance of services will be based on attainment of performance in accordance with specifications and the contract.

2.11 VENDOR PERFORMANCE: TxDOT may review vendor’s performance under a contract of $25,000 or more resulting from the solicitation as described in Government Code §2155.089. These reviews and any resulting classification grade will be posted on the Vendor Performance Tracking System as noted in §2262.055 of the Texas Government Code.

Past Performance: A respondent's past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of Government Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

(a) A letter grade score below ‘C’ in the Vendor Performance System or a score of “legacy unsatisfactory” for historic reports submitted prior to the implementation of the current rating system.

(b) Being currently under a Corrective Action Plan through the CPA.

(c) Having repeated negative Vendor Performance Reports for the same reason.

(d) Having purchase orders that have been cancelled or terminated in the previous twelve (12) months for non-performance (i.e., late delivery, etc.).

Vendor performance information is located on the CPA website at http://www.txsmartbuy.com/vpts.

TxDOT may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 TAC §20.115) TxDOT may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations will be at the sole discretion of TxDOT and any negative findings, as determined by TxDOT, may result in non-award to respondent.

PART 3. RESPONDENT AFFIRMATIONS

3.01 FALSE STATEMENTS: Respondent represents and warrants that all statements and information in its submitted response are current, complete, true, and accurate. Submitting a response with a false statement or making material misrepresentations during the performance of a contract is a material breach of contract and may void the submitted response and any resulting contract and may result in removal of respondent from the Centralized Master Bidders List.

http://www.txsmartbuy.com/vpts

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3.02 REPRESENTATIONS, WARRANTIES, AND COVENANTS: Respondent represents, warrants, and covenants that:

(a) Personnel must be competent, knowledgeable, and experienced in the types of services to be provided under the contract and perform such services in a professional and workmanlike manner consistent with industry standards. Services must meet all specifications set forth in the contract provided, however, that where the contract specifies a particular standard or criteria for performance more particular than the foregoing, this warranty is not intended to and does not diminish that standard or criteria for performance. Further, in any case where detailed requirements for a service are not mutually agreed upon or set forth in the contract, such services shall be fit and sufficient for the purposes expressed in, or reasonably inferred from, such contract; and

(b) All goods and services furnished in connection with the contract must be of good and merchantable quality, strictly conform in all respects to the terms of the contract including any drawings, specifications, or standards incorporated herein, and be free from any defects (latent or otherwise) in materials, workmanship, and design. In addition, respondent warrants that goods and services are suitable and sufficient for, and will perform in accordance with, the purposes for which they are intended.

3.03 GRATUITIES: Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with respondent’s submitted response.

3.04 CERTAIN BIDS AND CONTRACTS PROHIBITED: Under Government Code §2155.004, a state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or solicitation on which the bid or contract is based. Under Government Code §2155.004, respondent certifies that the individual or business entity named in the response or contract is eligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

3.05 ANTITRUST LAWS: Respondent represents and warrants that, in accordance with Government Code §2155.005, neither respondent nor the firm, corporation, partnership, or institution represented by respondent, or anyone acting for such firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15, of the Texas Business and Commerce Code or the federal antitrust laws, or (2) communicated the contents of the response directly or indirectly to any competitor or any other person engaged in the same line of business as respondent.

3.06 DECEPTIVE TRADE PRACTICES; UNFAIR BUSINESS PRACTICES: Respondent represents and warrants that it has not been the subject of allegations of deceptive trade practices violations under Business & Commerce Code Chapter 17 or the subject of allegations of any unfair business practice in any administrative hearing or court suit, and that respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of deceptive trade practices violations or the subject of allegations of any unfair business practices in an administrative hearing or court suit and such officers have not been found to be liable for such practices in such proceedings.

3.07 COLLUSION: Respondent has not colluded with, nor received any assistance from, any person who was paid by TxDOT to prepare specifications or a solicitation on which a respondent’s bid is based and will not allow any person who prepared the respective specifications or solicitation to participate financially in any contract awarded.

3.08 INELIGIBILITY UNDER FAMILY CODE: Under Family Code §231.006, respondent certifies that respondent and any other individual or business entity named in the response are eligible to receive the specified payment and acknowledges that the contract may be terminated, and payment may be withheld if this certification is inaccurate. Any respondent subject to Family Code §231.006 must complete the Texas Family Code Schedule and return it with the response.

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3.09 CONTRACTING WITH EX-TXDOT EXECUTIVE DIRECTOR: Under Government Code §669.003, respondent certifies that:

(a) All the following are true:

(1) Respondent is not the executive director of TxDOT.

(2) Respondent was not the executive director of TxDOT at any time during the past four years.

(3) Respondent does not employ a current or former executive director of TxDOT.

OR

(b) Respondent has disclosed its employment of any former executive director of TxDOT as an attachment to its response, including the name of the former executive director, the date of separation from TxDOT, and the date of employment with respondent.

3.10 DEBT TO THE STATE: Respondent agrees that any payments due under the contract will be applied toward any debt or delinquency that is owed to the state of Texas.

3.11 RESPONDENT ELIGIBILITY

(a) Respondent certifies that respondent and its principals are eligible to participate in this transaction and have not been subject to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity.

(b) Respondent certifies that respondent is in compliance with the state of Texas statutes and rules relating to procurement.

(c) Respondent certifies that respondent is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control.

(d) Under Government Code §2155.006, respondent certifies that the individual or business entity named in the response is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

(e) Respondent certifies that respondent is not an abortion provider or an affiliate of an abortion provider under Government Code §2272.003.

(f) Respondent certifies that it is not:

(1) A person required to register as a lobbyist under Government Code Chapter 305.

(2) A public-relations firm.

(3) A government consultant.

3.12 NEPOTISM DISCLOSURE

(a) In this section, the term “relative” means:

(1) A person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild.

(2) The grandparent, parent, sibling, child, or grandchild of the person’s spouse.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2155.006

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(b) A notification required by this section must be submitted in writing to the person designated to receive official notices under the contract and by first-class mail addressed to Contract Services Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701. The notice must specify vendor's firm name, the name of the person who submitted the notification, the purchase order number, the district, division, office or regional service center of TxDOT that is principally responsible for the contract, the name of the relevant vendor employee, the expected role of the vendor employee on the project, the name of the TxDOT employee who is a relative of the vendor employee, the title of the TxDOT employee, and the work location of the TxDOT employee.

(c) By signing the solicitation, respondent is certifying that respondent does not have any knowledge that any of its employees or any employees of a subcontractor who are expected to work under the contract has a relative who is employed by TxDOT unless respondent has notified TxDOT of each instance as required by subsection (b).

(d) If vendor learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under the contract have a relative who is employed by TxDOT, vendor must notify TxDOT under subsection (b) of each instance within thirty (30) calendar days of obtaining that knowledge.

(e) If vendor violates this section, TxDOT may terminate the contract immediately for cause, impose any sanction permitted by law, and pursue any other remedy permitted by law.

3.13 BOYCOTTING ISRAEL: Pursuant to Government Code §2271.002, respondent certifies that either

(i) respondent meets exemption criteria under §2271.002, or (ii) respondent does not boycott Israel and will not boycott Israel during the term of the contract. Respondent must state any facts that make it exempt from the boycott certification in its response.

3.14 DISCLOSURE OF RESTRICTED EMPLOYMENT: Respondent acknowledges that under Government Code §572.069, a former state officer or employee of a state agency who, during the period of state service or employment, participated in a procurement or contract negotiation involving a person may not accept…