ESBD_399392_1740602250209_601440000047188_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 20

601440000047188

March 10, 2025 3:00 PM

Grazina.Calhoun@txdot.gov

Grazina.Calhoun@txdot.gov

Grazina.Calhoun@txdot.gov

Grazina.Calhoun@txdot.gov

SHIP TO THE FOLLOWING LOCATION

UNLESS OTHERWISE NOTED

SEE SPECIFIC INSTRUCTIONS FOR

EACH LINE ITEM

1 1.00 EA 92460355008

CONFERENCES.REGISTRATION FEE

SHIP THIS ITEM TO THE FOLLOWING LOCATION

THIS IS A SERVICE AND NO

SHIPPING IS REQUIRED.

United States

Event Planning Services to be provided for Texas Department of Transportation per Statement of Work 924-60-47188 Dated January 2025

Do not input pricing on this line item.

Input pricing on Pricing Schedule

The following comments apply to the entire Solicitation

1. Description of Services: This solicitation is to establish a contract to provide event planning and management services for various conferences and events organized by multiple divisions within TxDOT .

2. Emergency This solicitation is for an emergency purchase made under Texas Government

Page 1INVITATION FOR BID 01/08/2025

SOLICITATION NO: 601440000047188

OPENING DATE 03:00 PM Mar 10, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Calhoun, Grazina

PHONE: 806/356-3302

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price

IF RESPONDING, FORM MUST BE SIGNED. IF NOT RESPONDING. DO NOT RETURN THIS FORM.

Failure to sign will disqualify response.

Authorized Signature Date

Printed Name

By signing solicitation, respondent certifies that if the Texas address is shown as the address of the respondent, respondent qualifies as a Texas Bidder as defined in 34 T AC Rule 20.306

Code §2155.137 and 34 TAC 20.82.

3. Term of Service: The term of the contract shall commence upon execution of the contract by TxDOT and expires on September 30, 2025 with no option to renew.

4. Electronic State Business Daily (ESBD): A notification of this solicitation and any updates are posted on the ESBD. The solicitation, addenda, or additional information are posted on Bonfire. It is the responsibility of the interested parties to periodically check the ESBD and Bonfire for updates to the procurement prior to submitting a response. 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 https://txdot.bonfirehub.com

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

5.1. Solicitation No. 601440000047188

5.2. Execution of Bid

5.3. Statement of Work (SOW), TxDOT

924-60-47188, Dated January, 2025

5.4. TxDOT Terms and Conditions, January

5.4.1. Payment will be made in

accordance with Part 4, Para. 4.04 (b)

5.5. Pricing Schedule

6. Work Hours

Work hours may be flexible, based on type of work and TxDOT requirements.

All work performed by the respondent must be in accordance with a TxDOT-approved work schedule.

Page 2INVITATION FOR BID 01/08/2025

SOLICITATION NO: 601440000047188

OPENING DATE 03:00 PM Mar 10, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Calhoun, Grazina

PHONE: 806/356-3302

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

Item Item Quantity Unit Make/ Unit Extended No. Description Model Price Price

Respondent employees must be available to work on an as needed basis.

7. Insurance Requirements: The successful respondent must provide to TxDOT an executed Certificate of Insurance for Services, Form 1950, per TxDOT Terms and Conditions, Part 5, within seven business days of request by TxDOT.

8. Estimated Quantities Quantities are estimates only to be used for the purpose of comparing responses.

The respondent must enter their unit price on Pricing Schedule. Total price will be evaluated by multiplying the unit price for each line by the estimated quantities listed on Pricing Schedule.

TxDOT will issue blanket purchase order releases (BPOR) based on the amount needed to satisfy TxDOT’s operating requirements. BPOR may be up to the aggregate contract amount subject to further allocation of funds, and there is no guarantee any BPOR will be issued under this contract.

9. 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.

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

Primary Contact: Grazina Calhoun, CTCD, CTCM

Telephone No: 806-356-3302 Email: Grazina.Calhoun@txdot.gov

Secondary Contact: Laura Ritchie, CTCD, CTCM

Telephone No: 806-748-4333 Email: Laura.Ritchie@txdot.gov

Page 3INVITATION FOR BID 01/08/2025

SOLICITATION NO: 601440000047188

OPENING DATE 03:00 PM Mar 10, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Calhoun, Grazina

PHONE: 806/356-3302

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

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 to which the question pertains:

https://vendorsupport.gobonfire.com/hc/e n-us/articles/6832480724503-How-do-I-con tact-the-Project-Owner-

10. Vendor Performance: TxDOT will monitor performance on a regular basis.

10.1. TxDOT may consider the following

performance by the vendor as unsatisfactory performance - An unsatisfactory performance determination includes, but is not limited to:

10.1.1. Failure to deliver any portion

of the work product.

10.1.3. Unsatisfactory performance of

any service requirements in the contract

10.2. Exceptional performance

determination includes, but is not limited to:

10.2.1. Deliverables made early upon

TxDOT member request.

10.2.2. Vendor commended for exceptional

customer service.

10.2.3. Exceptional service provided.

11. Response Submission

11.1. GENERAL FORMAT: The respondent

must submit one signed and dated response to include the documentation required per response paragraph 31.3 through the Bonfire system:

https://txdot.bonfirehub.com/

NOTE: Any response sent to TxDOT

Page 4INVITATION FOR BID 01/08/2025

SOLICITATION NO: 601440000047188

OPENING DATE 03:00 PM Mar 10, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Calhoun, Grazina

PHONE: 806/356-3302

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

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 purchaser for assistance.

11.2. The respondent shall not encrypt

or password protect response or embed documents within the response; each section must be its own separate document.

11.3. RESPONSE: Failure by the

respondent to submit the documentation listed below will result in the response being considered non-responsive.

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:

11.3.1. Section 1 – Pricing Schedule

11.3.2. Section 2 – Execution of Bid

11.3.3. Section 3 – Vendor

Qualifications and Experience Schedule:

Complete and return detailing respondent qualifications and experience to include certifications or licenses required.

11.3.4. Section 4 – Vendor Personnel

Qualifications, Experience and References Schedule: Complete and return for each proposed key or respondent personnel position to include certifications or licenses required.

11.3.5. Section 5 – Texas Family Code

Schedule

11.3.6. Section 8 – Addenda:

Acknowledgement of associated addenda, if applicable.

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

12. Post Award Meeting: The successful

Page 5INVITATION FOR BID 01/08/2025

SOLICITATION NO: 601440000047188

OPENING DATE 03:00 PM Mar 10, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Calhoun, Grazina

PHONE: 806/356-3302

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

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.

Page 6INVITATION FOR BID 01/08/2025

SOLICITATION NO: 601440000047188

OPENING DATE 03:00 PM Mar 10, 2025 To:

Blank Vendor X Austin TX 78701

VENDOR ID: 9999999999 - 999

Return Sealed Response To:

See Body of Solicitation for Specific Return Instructions

BUYER: Calhoun, Grazina

PHONE: 806/356-3302

Shows opening date and number in lower left hand corner of sealed response envelope and show return address of vendor.

Vendor agrees to comply with the solicitation below and at terms and conditions.

F.O.B. destination means vendor retain title to goods until delivered and the price quoted includes all freight charges.

Delivery in _______________________________Days Cash Discount_____________%_________________ Days

QUOTE F.O.B. DESTINATION

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 924-60-47188 Dated: January 2025

1- 11

EVENT PLANNING AND MANAGEMENT FOR TEXAS DEPARTMENT OF

TRANSPORATION CONFERENCES PUBLICATION

PUBLICATION

This statement of work (SOW) is a product of the Texas Department of Transportation (TxDOT).

This SOW 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 SOW is used in the procurement process by any other entity.

1. SCOPE:

This SOW is for services to provide event planning and management services for various conferences and events organized by multiple divisions within TxDOT.

2. LOCATION(S):

Are specified on the solicitation. TxDOT reserves the right to add or delete facilities serviced under the contract. TxDOT will provide 10 calendar day(s) written notice to the vendor for locations to be deleted or of any additional locations requiring service within the same area or region.

3. DEFINITIONS OF TERMS AND ACRONYMS:

3.1. Contract – Any Purchase Order (PO) or Blanket Purchase Order (BPO) resulting from this solicitation as listed in the Order of Precedence in the resulting PO or

BPO

3.2. POC – Point-of-Contact

3.3. TxDOT – Texas Department of Transportation

3.4. TxDOT POC – TxDOT Point of Contact

3.5. BPO - Blanket Purchase Order

3.6. BPOR - Blanket Purchase Order Release – A written authorization to perform work under the contract listing the items of work to be performed and the cost based on the prices established in the BPO

3.7. EPO - Emergency Purchase Order

3.8. ESBD - Electronic State Business Daily

3.9. PM - Project manager

3.10. SOW - Statement of Work

3.11. CEU – Continuing Education Unit

3.12. CFR – Code of Federal Regulations

3.13. TxDOT – Texas Department of Transportation

3.14. TxDOT Representative – A TxDOT employee at the Division Director or District

Engineer level or higher who has authority to obligate state funds

TxDOT 924-60-47188

2- 11

4. APPLICABLE LAWS AND STANDARDS:

The vendor shall provide the specified service requirements in accordance with all federal, state, and local applicable laws, standards, and regulations necessary to perform the services, including, but not limited to:

4.1. Title 42 U.S.C. §§ 2000d-2000d-7, with the exception of sections 2000d-5 and

2000d-6, also known as – Title VI of the Civil Rights Act of 1964, including any amendments.

4.2. Title 49 CFR Subtitle A – Office of the Secretary of Transportation, Parts 1-99, including any amendments.

4.3. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards – Office of Management and Budget Circular relating to Cost Principles for state, local, and Indian tribal governments, including any amendments.

5. HISTORY OR BACKGROUND:

TxDOT organizes a variety of conferences and events that attract a wide range of attendees, including professionals from engineering, construction, education, public health and emergency response, as well as government elected officials and judiciary members. These events are designed to encourage teamwork, disseminate information, and highlight exemplary methods across various transportation disciplines. Key conferences include Texas Transportation Forum, which discusses critical states and national transportation topics: the Data Conference, focusing on the future of transportation and technology; the Construction, Materials, and Alternative Delivery Conference, which covers project delivery and construction contracting; and the Bridge and Roadway Design Conference, designed to help attendees build relationship and gain insight into the best practices, latest innovations, and current developments for TxDOT roadway design and bridge projects. These conferences provide opportunities for networking, learning, and professional growth in the transportation sector.

6. CURRENT ENVIRONMENT:

Not Applicable

7. VENDOR QUALIFICATIONS:

The vendor must:

Be a company or an individual engaged, or whose partners are engaged in the business of providing event planning and management serives for a minimum of three years within the past five years. Years of experience of an individual(s) or partner(s) with a minimum of 25% ownership of the company can be applied to the company’s years in business.

7.1. Have a minimum of three years’ experience within the past five years in Having experience in conference planning for events with 200 – 1500 attendees. 6.2. Be organized, detailed oriented, flexible, an effective verbal and written communicator, and calm under pressure..

TxDOT 924-60-47188

3- 11

8. VENDOR PERSONNEL QUALIFICATIONS AND RESPONSIBILITIES:

The vendor must provide the following personnel with the listed qualifications:

8.1. PM must have a minimum of three years’ experience within the past five years in the services identified in the Scope of Work. Be primarily responsible for the day-to-day operation of the service in accordance with the requirements of the contract. Be a permanent staff employee and serve as a constant primary POC for TxDOT. Preferred to have experience in budget management or financial oversight related to event planning or project management.

8.2. TEAM MEMBERS must have a minimum of three years’ experience within the past five years in the services identified in the Scope of Work. Must have the knowledge to develop and implement the service requirements in this solicitation.

8.3. All personnel who will be driving to and from TxDOT work locations must:

8.3.1. Possess a valid driver license acceptable in the state of Texas.

8.3.2. Have no Driving Under Influence (DUI) or Driving While Intoxicated (DWI) incidents on driving record within the past three years.

8.3.3. Have no more than two moving violations on driving record within the past three years.

NOTE: TxDOT reserves the right to request proof of qualifications.

9. SERVICE REQUIREMENTS:

The vendor must:

9.1. Provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times.

9.2. Provide a primary point of contact.

9.3. Conduct driver license checks annually on vendor staff that drive to and from

TxDOT work locations to verify compliance.

9.4. Provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by TxDOT.

9.5. Make arrangements with the designated TxDOT representative prior to off-loading tools and equipment at the job site.

9.6. Only park in locations assigned by the designated TxDOT representative.

9.7. Not use restrooms for washing tools and equipment.

9.8. Ensure all personnel are fluent in English with the ability to receive, give, and understand written and oral instructions.

9.9. Ensure personnel are not excessively loud.

9.10. Ensure personnel do not use personal multi-media devices while performing services for TxDOT unless furnished by the vendor to facilitate communication with TxDOT or the vendor.

TxDOT 924-60-47188

4- 11

9.11. Conduct background checks using statewide DPS, Texas, and out-of-state county equivalent verification of criminal and sex offender background checks on all vendor’s permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Upon award, supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by TxDOT or the TxDOT designee, or both, prior to beginning the service. Failure to produce the requested documentation may be cause for cancellation of the contract.

Background checks must be within the last year of contract execution date and must be completed on any new employees throughout the life of the contract.

The background checks must include, but not be limited to, the following:

9.11.1. Social Security number verification.

9.11.2. Statewide criminal and sex offender records for all Texas counties and out-of-state county equivalents based on the current and previous addresses of the applicant for the past seven years.

9.12. Begin work within 10 business days after the issuance of written authorization from the authorized TxDOT representative.

9.13. Provide additional services necessary to complete work. Additional services are identified as work needed to return the equipment or work area, or both, to its properly functioning or original condition. Additional services may include, but not be limited to, code upgrades, installations, fabrication work, sheet-metal work, painting and drywall, electrical, concrete, or flooring repair. These services must be billed at the same rates bid by the respondent.

The vendor must provide a cost estimate including all materials, labor, and equipment required to perform the additional services to the designated TxDOT representative not to exceed $10,000. TxDOT will review and approve or deny the additional service. TxDOT reserves the right to obtain service under a separate contract if it serves the best interest of TxDOT.

9.14. Pre-event Services:

9.15. Enter into all contracts and associated agreements with venues and vendors as required in the execution of each approved event under the awarded agreement

9.16. Reserve meeting rooms, hotel, transportation, and parking spaces.

9.17. Ensure conference location(s) has adequate room for all attendees, exhibitions, and conference requirements such as the number of breakout sessions.

9.18. Collaborate with the Receiving Agency to create timeline, milestones, and deadlines.

9.19. Attend pre-conference meetings on a regular basis to assist the Receiving

Agency in the development of the conference program.

9.20. Provide or arrange catering for breakfast, lunch, and afternoon snack for each day of the conference(s).

9.21. Collaborate with TxDOT to create, plan, and handle advertising and other forms of promotion and marketing, including TxDOT brand and design guidelines.

TxDOT 924-60-47188

5- 11

9.22. Work with TxDOT on any event-related printing which may include but not limited to invitations, letters, table signs, signage, and programs.

9.23. Oversee and manage all approved Exhibitor relationships including, but not limited to: Ensuring vendor deliverables are delivered on-time, maintaining a list of conference exhibitors, speakers, or presenters as they are confirmed, and obtaining TxDOT’s suggestions and approval for any replacements needed due to cancellations.

9.24. Provide financial management:

9.25. Create a break-even analysis based on the number of projected registrants.

9.26. Create an approved project cost estimate and submit for TxDOT’s written approval. TxDOT facilities should be used if available and meet the conference requirements.

9.27. Review invoices and pay conference expenses included on the approved project cost estimate. Vendor will invoice TxDOT for approved contract expenses monthly at actual cost. No payments should be made directly to TxDOT employees for conference expenses incurred.

9.28. Maintain all accounting records pertaining to event receipts and expenditures. Maintain separate record keeping for each event, with the expenses and accounts managed separately unless otherwise directed by TxDOT.

9.29. Provide registration services for conference attendees. Fees will be collected electronically by TxDOT and deposited directly to the State Treasury. No outside bank accounts should be established or used for the collection of registration fees.

9.30. Troubleshoot and assist registrants with any questions and/or issues relating to the registration process.

9.31. Post the event, including link to registration under Events at the website location specified by TxDOT.

9.32. Coordinate selection and preparation of event awards

9.33. On-Site Services:

9.34. Provide all logistics for registration, information and/or help desk to assist event attendees.

9.35. Position event signage as needed.

9.36. Serve as event liaison and manage venue(s), catering, buses, parking, AV, and other service providers.

9.37. Post-Event Services:

9.38. Review invoices and pay all bills associated with the event. TxDOT will be invoiced to reimburse cost from registration revenue held in State Treasury.

9.39. Conduct post-event debrief with the Receiving Agency to include a preliminary report of revenue, expenditures, and account balance.

TxDOT 924-60-47188

6- 11

9.40. Participate in any additional meetings and calls as needed, or as reasonably requested by TxDOT, including scheduling and walk-throughs.

9.41. REPORTS:

Reports as requested by TxDOT. Reports and format standards will be approved by TxDOT and must be delivered to the designated TxDOT representative.

Reports include, but not limited to, the following:

9.41.1. Post-Event Evaluation Report – Submit a post-event evaluation report with recommendations to TxDOT.

9.41.2. Monthly Progress Reports – Submit monthly progress reports detailing conference progress, in relation to approved project schedules, work plans, and deliverables received and accepted for each BPOR, identified problems, actions taken, and recommended future actions. Reports to include: a list of project activities and deliverables completed during the service period. and schedules for major tasks for the following month.

10. MATERIALS OR PARTS PRICING:

Not Applicable

11. MISCELLANEOUS EQUIPMENT:

Not Applicable

12. VENDOR DELIVERABLES:

Not Applicable

13. PROJECT SCHEDULE:

A detailed project schedule and work plan for all project tasks. The PM must monitor and update the project schedule and work plan, revising as appropriate, with approval from TxDOT. The plan must be accessible through Microsoft Project 2000®. The plan must include, but not be limited to, the following:

13.1. The PM must monitor and update the project plan, revising as appropriate, with approval from TxDOT

13.2. A production schedule for the entire conference including load-in, setup, event, and strike.

13.3. A logical sequence of tasks and deliverables included in each project period.

13.4. A clear definition of each task and deliverable.

13.5. Staff requirements for each task and deliverable.

13.6. A specific target completion date for each task and deliverable.

13.7. Task and deliverable relationships and dependencies.

13.8. Budget details and required expenses.

14. WARRANTY REQUIREMENTS:

TxDOT 924-60-47188

7- 11

Not Applicable

15. VENDOR PERFORMANCE:

Vendor performance will be monitored on a regular basis by TxDOT.

15.1. An unsatisfactory performance determination includes, but is not limited to:

15.1.1. Failure to deliver any portion of the work.

15.1.2. Any requirement not met as outlined in the service

requirements determined by TxDOT.

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both, in addition to any other rights, liquidated damages and remedies provided by the contract or allowed by law.

15.2. An exceptional performance determination includes, but is not limited to:

15.2.1. Deliverables made early upon TxDOT personnel request.

15.2.2. Vendor commended for exceptional customer service; exceptional service provided.

16. CONTRACT REMEDIES:

In the event of a breach of contract or non-performance by the vendor, compensatory damages may be assessed at TxDOT’s discretion as outlined below. If damages are assessed the vendor may reimburse TxDOT by discount, credit, refund, or waived fees as applicable and outlined in the service requirements.

16.1. LIQUIDATED DAMAGES:

In the event the vendor fails to provide the specified service to TxDOT as specified (Reference Paragraph 9 of SOW), TxDOT may, at its sole discretion, require the vendor to pay damages not to exceed 2% of the deliverable as specified in the contract. Any deliverable that is more than 15 calendar days late will be grounds for liquidated damages. Delays in deliverables caused by reasons outside the vendor’s control are not subject to liquidated damages.

This provision is not intended as a penalty but as liquidated damages.

17. PERSONNEL CONTINUITY AND REPLACEMENT:

17.1. The PM, and TEAM MEMBERS must remain available for the entire term of the contract as long as that individual is employed by the vendor.

17.2. TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the PM, and TEAM MEMBERS will require the vendor propose a replacement. Vendor must notify TxDOT within 24 hours after the vendor is made aware of such a situation.

17.3. Proposed replacement personnel must:

17.3.1. Be submitted to TxDOT within 15 calendar day(s) of notification resulting from sub-paragraphs 17.1 or 17.2 above.

TxDOT 924-60-47188

8- 11

17.3.2. Meet minimum qualifications and have experience comparable to the person(s) being replaced. Resume(s) and reference(s) may be requested for the proposed replacement(s).

17.3.3. Be provided at no additional cost to TxDOT.

17.3.4. Not begin work on the project without prior written approval from TxDOT.

NOTE: TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel.

18. QUALITY ASSURANCE PLAN:

Not Applicable

19. BUSINESS CONTINUITY AND DISASTER RECOVERY PLAN:

Upon request of TxDOT, vendor must provide copies of its most recent business continuity and disaster recovery plans. Business continuity and disaster recovery plan must:

19.1. Document a structured approach that describes the procedures that will be implemented to quickly resume work and fulfill all requirements of the contract after a disruption of business due to: fire, theft, natural disaster, technical difficulty, workforce problems, equipment failure, or other unplanned incident.

19.2. Be maintained throughout the term of the contract. The vendor shall be responsible for all cost-of-disaster recovery.

20. TRAVEL:

All travel and per diem must be pre-approved in writing by the designated TxDOT representative. If approved, expenses will be reimbursed as follows:

20.1. Travel time from a TxDOT location to a work site is not reimbursable.

20.2. Reimbursement for travel expenses include: Personal vehicle mileage, commercial transportation, lodging, parking, and meals. Reimbursement shall be based on the “Employee” section of the website below:

https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

20.3. Meals for non-overnight travel may be reimbursed if the travel period is greater than six hours and the travel is to a location outside the district in which the vendor’s primary work location is located.

NOTE: The Internal Revenue Service has ruled that the meal reimbursements related to non-overnight travel are taxable as additional income. Taxes must be withheld at a rate of 25% of the reimbursement amount. The vendor shall be responsible for withholding this tax.

20.4. Rental cars are permitted when the cost is equal to or less than the cost of calculated mileage.

NOTE: When a rental car is approved, personal mileage is not reimbursed without prior approval from the designated TxDOT representative.

https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

TxDOT 924-60-47188

9- 11

20.5. Air travel is allowed only if the travel charges that include air, parking, mileage, fuel, and rental car are equal to or less than the rate of the standard travel charges. Air travel must be approved by the designated TxDOT representative prior to travel.

20.5.1. Travel expenses on the calendar before a meeting or work that begins at 1:00 p.m. or on the calendar after a meeting or work that ends at 12:00 noon will not be reimbursed unless prior approval from the designated TxDOT representative has been granted. Approval will be based upon whether the following circumstances would warrant additional travel expenses:

20.5.1.1. More than 200 miles one way from the vendor’s home base to the meeting or work location.

20.5.1.2. More than four hours of driving time one way from the vendor’s home base to the meeting or work location.

20.5.1.3. Inclement weather.

20.5.1.4. Mileage for the vendor’s employees to drive back and forth to the meeting or job site is 50 miles or more from the vendor’s home base.

20.6. Travel expenses must be clearly detailed and receipts emailed to the designated TxDOT representative.

NOTE: TxDOT will not reimburse tips, gratuities, or alcoholic beverage purchases.

21. MOBILIZATION:

Not Applicable

22. TRIP CHARGE:

Not Applicable

23. ADDITIONAL INVOICING INSTRUCTIONS:

The vendor must:

23.1. Invoice in accordance with Paragraph 4.03 of the Terms and Conditions attached and include the additional information listed below:

23.1.1. Location of service.

23.1.2. Key staff member names, titles, and duties with itemized hours and rates totaled.

23.1.3. Supporting documentation of all reimbursable project costs. Costs must be included on the approved project plan or pre-approved by TxDOT in writing.

23.1.4. Labor hours and rates detailed on each vendor invoice.

NOTE: Partial hours will be paid by rounding to the nearest half-hour as shown below:

TxDOT 924-60-47188

10- 11

23.1.4.1. Less than 15 minutes – round to zero hours.

23.1.4.2. Fifteen (15) minutes to 45 minutes (inclusive) – round to

1/2 hour.

23.1.4.3. Greater than 45 minutes – round to 1 hour.

23.2. Documentation validating the invoice charges must be emailed to the designated TxDOT representative and include, but not be limited to:

23.2.1. Proof of payment from subcontractors or other entities which requires reimbursement from TxDOT contract.

23.2.2. Receipts for travel expenses as approved by TxDOT.

24. TxDOT RESPONSIBILITIES:

TxDOT will:

24.1. Provide a contract manager.

24.2. Provide a POC.

24.3. Monitor vendor performance.

24.4. Provide technical assistance, review, and approve all drafts and finished products prepared by the vendor before the release or implementation of any material developed.

24.5. Approve all report formats.

24.6. Review the vendor’s project plan and approve or deny.

24.7. Schedule periodic meetings with the vendor to monitor the progress of projects.

25. TRANSITION OF TxDOT PROPERTY:

TxDOT will provide assistance as needed for the efficient and smooth transfer of all TxDOT property, including but not limited to: Publications, documents, property, equipment, and other material to which TxDOT retains ownership rights related to work provided under a previous or current contract.

25.1. BEGINNING PHASE: The vendor shall, at the request of TxDOT, be responsible for contacting the previous vendor to request the transfer of all TxDOT property. The transition of TxDOT’s property must occur within an agreed-upon time frame to assure the new vendor can begin providing services as required by TxDOT.

25.2. CANCELLATION OR TERMINATION OF THE CONTRACT: At the end of the contract term or if the contract is cancelled by either party, the vendor(s) must return all TxDOT property to TxDOT or transfer all TxDOT property to the TxDOT designated vendor(s) immediately upon TxDOT’s request.

26. CONTRACT ADMINISTRATION:

Administration of the contract is a joint responsibility of the TxDOT contract administrator and TxDOT purchasing staff. Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

26.1. Any proposed changes to work to be performed, whether initiated by TxDOT

TxDOT 924-60-47188

11- 11 or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent.

26.2. Upon issuance of contract, TxDOT will designate an individual to serve as the contract manager and point of contact between the agency and the vendor.

The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way, or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

26.2.1. Monitoring the vendor’s progress and performance and ensuring services conform to established specification requirements.

26.2.2. Managing the financial aspects of the contract including approval of payments.

26.2.3. Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action.

26.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

26.2.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide version 3.0.

Revised January 2025

1 24

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) and any contract issued by TxDOT resulting from the solicitation ). The term s the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. means the party who submits the response to the solicitation, including the vendor. 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 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 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 and to other applicable federal and state statutes and rules herein cited. Any references in this contract 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, Acts and Regulations ), 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.

: It is TxDOT 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.

: 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 ies 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.

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

2 24

(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

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,

(d) Any catalog, brand name, (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) 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 G. 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) 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.

3 24

(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 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

(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), delivery in fourteen (14) calendar days.

(j) Samples, when requested, must be furnished at no cost to TxDOT. TxDOT may perform tests on samples.

expense. Each sample must 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.

agreement.

2.03 PRICING

(a) 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 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.

4 24

: 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 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…