ESBD_415191_1746040154875_1 IFB 608-24-96172C TxDMV Court Reporting and Transcription Services.pdf

IFB No. 608-24-96172C Page 1 of 18 Court Reporting and Transcription Services

Texas Department of Motor Vehicles Finance and Operations Division - Purchasing Section 4000 Jackson Avenue Austin, Texas 78731 Email: matthew.windham@txdmv.gov

Invitation for Bids for

IFB No. 608-24-96172C

NIGP Class/Item Code(s): 961-72, 961-24, 915-07, and 915-84

Schedule of Events Solicitation Posting Date April 30, 2025 Deadline for Submitting Questions or Clarifications

May 8, 2025 at 3:00 P.M. Central Time

Tentative Date for Response to Questions or Clarifications through Solicitation Addendum

May 15, 2025

HUB Subcontracting Plan Courtesy Review (Encouraged but Not Required)

May 20, 2025 at 3:00 P.M. Central Time

Deadline for Submission of Solicitation Response

May 29, 2025 at 3:00 P.M. Central Time

RESPONSES RECEIVED THAT ARE MISSING REQUIRED INFORMATION AND

DOCUMENTATION, UNSIGNED, OR AFTER THE DUE DATE AND TIME STATED

HEREIN, WILL NOT BE EVALUATED

Summary of Solicitation Documents:

This Invitation for Bids (“IFB”) Attachment A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance Attachment B, TxDMV Contract Affirmations Attachment C, TxDMV Contract Terms and Conditions Attachment D, Statement of Work Attachment E, Pricing Sheet Attachment F, HUB Subcontracting Plan Instructions Attachment G, HUB Subcontracting Plan Form Attachment H, Disclosure of Potential Conflicts of Interest Form mailto:matthew.windham@txdmv.gov

IFB No. 608-24-96172C Page 2 of 18

Table of Contents A.1 Key Definitions A.2 Objective and Background

A.2.1 Objective A.2.2 Background

A.3 General Information and Requirements A.3.1 Sole Point of Contact and Communications A.3.2 Exception to Sole Point of Contact A.3.3 Response Binding A.3.4 Award and Cancellation A.3.5 Travel Expenses and Incidentals

A.4 Contract Term and Historical Compensation A.4.1 Contract Term A.4.2 Historical Compensation

A.5 Pricing Structure A.6 Price Adjustments

A.6.1 Price Increase or Cancellation Requests A.6.2 Federal Minimum Wage Adjustments A.6.3 Price Decrease or Discount

A.7 Deliverables Requirements and Specifications A.7.1 Deliverables Information A.7.2 Contractor Requirements A.7.3 Specifications A.7.4 Condition of Products A.7.5 No Guarantee of Value, Usage, or Compensation A.7.6 Delivery Delays A.7.7 Compliant Deliverables A.7.8 Returns and Cancellations A.7.9 Future Contract Development

A.8 Evaluation and Scoring A.8.1 Initial Compliance Screening A.8.2 Bidder’s Past Performance A.8.3 Negotiations A.8.4 Best Value A.8.5 Award Approach A.8.6 Ties

A.9 Submission Instructions and Requirements A.9.1 Electronic Mail Submission of Response A.9.2 Mail or Hand Delivery of Response - Optional A.9.3 Applicable Statutes, Rules, and Regulations A.9.4 Award of Contract A.9.5 Bidder’s Response A.9.6 Cash Discounts A.9.7 Disclosure of Potential Conflicts of Interest and Disclosure of Interested Parties – Mandatory A.9.8 Escalation Protocol – Mandatory A.9.9 Exceptions A.9.10 HUB Subcontracting Plan (HSP) – Mandatory A.9.11 Pricing Sheet – Mandatory A.9.12 Protests A.9.13 Taxes A.9.14 Texas Identification Number System (TINS) A.9.15 TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance - Mandatory A.9.16 Solicitation Addenda - Mandatory

IFB No. 608-24-96172C Page 3 of 18

A.1 Key Definitions

In this Solicitation, any Contract that may result from this Solicitation, and any Response submitted in response to this Solicitation, the following terms and acronyms have the meaning set forth below, unless the context clearly indicates otherwise. All other terms have their ordinary and common meaning.

TERM DEFINITION

Addendum A written revision or clarification to this Solicitation being issued by TxDMV and posted to the ESBD. May also be referred to in its plural form as “Addenda.”

ARO After Receipt of Order means the Deliverables should be delivered within 30 days’ time frame after the Solicitation is awarded.

Attachment The document(s) or information that are attached hereto and part of this Solicitation and may be included by reference and made part of any Contract that may result from this Solicitation.

Bidder The individual or entity that submits a Response to this Solicitation. This term also includes anyone acting on behalf of the individual or entity that submits a Response, such as an employee, representative, or agent. May also be referred to as “Respondent.”

CMBL The Centralized Master Bidders List, an online repository of vendors maintained by the Texas Comptroller of Public Accounts, is utilized by public procurement professionals to solicit bidding opportunities. Additional information regarding CMBL may currently be accessed at: https://comptroller.

texas.gov/purchasing/vendor/cmbl.

Contract A legally enforceable agreement between TxDMV and the Contractor selected under this Solicitation, if any, and includes this Solicitation and any document attached thereto including the TxDMV Contract Terms and Conditions, any Solicitation Addendum, the Contractor’s Response including the signed TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance, TxDMV Contract Affirmations, and any Contract amendment thereto. As a result of this Solicitation, TxDMV may issue a TxDMV contract signature document and/or Purchase Order. See, Purchase Order definition below.

Contractor The successful Bidder selected to provide the Deliverables to TxDMV under a Contract that may result from this Solicitation.

Deliverables The goods, products, or services specified in this Solicitation, that the Contractor shall deliver to or perform for TxDMV under any Contract that may result from this Solicitation.

ESBD The Electronic State Business Daily, an online application administered by the Texas Comptroller of Public Accounts that is used for publishing procurement opportunities that exceed $25,000.00 in total estimated value and providing public notice of contract awards. The ESBD may currently be accessed at:

http://www.txsmartbuy.com/esbd.

Fiscal Year The Texas state fiscal year from September 1st through August 31st of each year. May also be referred to as “State Fiscal Year” or “Texas Fiscal Year.”

This term is not to be confused with calendar year or federal fiscal year.

https://comptroller.texas.gov/purchasing/vendor/cmbl https://comptroller.texas.gov/purchasing/vendor/cmbl http://www.txsmartbuy.com/esbd

IFB No. 608-24-96172C Page 4 of 18

HQ The “TxDMV Headquarters” located at 4000 Jackson Avenue, Austin, Texas 78731, and includes the surrounding buildings and premises, serving as its managerial and administrative center, which encompasses 3700-4000 Jackson Avenue, Austin, Texas 78731.

HSP The HUB Subcontracting Plan, the documentation regarding the use of Subcontractors by a Bidder, which is required to be submitted with all Responses for TxDMV contracts with an expected value of $100,000.00 or more, where TxDMV has determined subcontracting opportunities are probable pursuant to Section 2161.252 of the Texas Government Code. The HSP subsequently becomes a provision of any Contract awarded to a Contractor under this Solicitation, if any, and shall be monitored for compliance by TxDMV during the term of the Contract.

HUB A Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code.

Party or Parties Either TxDMV or Bidder, separately or collectively.

Purchase Order A legally enforceable document issued by TxDMV and accepted by the

Contractor by its performance in accordance with the Purchase Order terms which shall be subject to the TxDMV Contract Affirmations, TxDMV Contract Terms and Conditions, and terms and requirements contained within the Solicitation. The Purchase Order may indicate the terms, types, quantities, and agreed prices for the Deliverables the Contractor will provide to TxDMV during the Contract term. Also, considered the ‘Contract’ when issued by TxDMV without a TxDMV contract signature document. May also be referred to as “PO.”

Response A Bidder’s bid, proposal, or all information and materials, submitted to TxDMV in response to this Solicitation. May also be referred to as “Bid,” “Bid Response,” “Proposal,” or “Solicitation Response.”

RSC A Regional Service Center of the TxDMV. This term encompasses all 16 existing and future RSCs located in Abilene, Amarillo, Austin, Beaumont, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Longview, Lubbock, Midland-Odessa, Pharr, San Antonio, Waco, and Wichita Falls, unless clearly stated otherwise.

Solicitation This “Invitation for Bids,” along with all other documents referenced in or attached to this Solicitation, and any addendum thereto, if any, and posted to the ESBD, soliciting Responses for the proposed Deliverables set forth herein. May also be referred to as “IFB.”

SOW The Statement of Work, Scope of Work, Statement of Services to be Performed, or Scope of Services to be Preformed, that provides the description of requirements and specifications for the Deliverables as outlined within this Solicitation and any resulting Contract, if any, that the Contractor is required to provide under any Contract that may result from this Solicitation.

TINS The Texas Identification Number System, a number that is issued by the Texas Comptroller of Public Accounts and used to identify entities for tax-related purpose.

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TxDMV The Texas Department of Motor Vehicles, the State agency established under Chapter 1001 of the Texas Transportation Code and is issuing this Solicitation.

May also be referred to as “Department.”

Subcontractor Any individual or entity that enters into a contract with the Contractor to perform part of or all of the obligations of the Contractor to TxDMV under any Contract that may result from this Solicitation. This term also includes the Subcontractor’s employees or contractors.

State The state of Texas and its instrumentalities, including TxDMV and any other State agency, its officers, employees, or authorized agents.

Vendor An individual or entity that supplies goods, products, or services, and may be a potential Bidder to this Solicitation.

VPTS The Vendor Performance Tracking System, maintained by the Statewide Procurement Division of the Texas Comptroller of Public Accounts, is a comprehensive online tool that shares vendor performance information between State agencies and public institutions of higher education. Additional information regarding VPTS may currently be accessed at: https://www.

txsmartbuy.com/vpts.

A.2 Objective and Background

A.2.1 Objective

The Finance and Operations Division’s Purchasing Section (“Purchasing Section”) of the Texas Department of Motor Vehicles (“TxDMV”) is seeking competitive Bids for court reporting and transcription services for meetings, hearings, depositions, proceedings, and various other types of meetings or events (the “Deliverables”) held primarily at the TxDMV Headquarters (“HQ”) but may be held at various other locations statewide (the “Project Sites”).

To be considered for any Contract that may result from this Solicitation, Bidders must submit a comprehensive Response that includes all required information and documentation as outlined in this Solicitation to ensure the Bidder meets all requirements, possesses the required experience, and qualifications, and has the capacity to provide the Deliverables described in this Solicitation.

A.2.2 Background

TxDMV is a dynamic state of Texas (“State”) agency dedicated to customer service, consumer protection, and the success of motor vehicle-related industries, and is established in accordance with Chapter 1001 of the Texas Transportation Code. The stated mission of the agency is “to serve, protect and advance the citizens and industries in the state with quality motor vehicle related services.”

The public interacts with the TxDMV personnel on a daily basis to register their vehicles, obtain license plates, acquire parking placards for disabled drivers, address complaints associated to the motor vehicle industry, and more. Additionally, each year the agency registers almost 25 million vehicles; regulates vehicle dealers; credentials buses and big trucks for intrastate and interstate commerce; issues oversize and overweight permits; and awards grants to other state agencies, local governments, organizations, and concerned parties in an effort to raise public awareness of and reduce vehicle related burglaries and thefts.

https://www.txsmartbuy.com/vpts https://www.txsmartbuy.com/vpts

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For more information about TxDMV and its divisions, visit https://www.txdmv.gov/.

A.3 General Information and Requirements

A.3.1 Sole Point of Contact and Communications

The TxDMV Sole Point of Contact for communications, including requests, questions, or clarifications, concerning this Solicitation is:

Matthew Windham, CTCD, CTCM

Email: matthew.windham@txdmv.gov

Vendor communications relating to this Solicitation must be directed in writing only, via email, to the TxDMV Sole Point of Contact identified above or an authorized secondary TxDMV Sole Point of Contact. All communications regarding this Solicitation must clearly identify which section, subsection, and paragraph of the Solicitation or Attachment is being referenced. All other communications between a Vendor, its employees, officials, agents, and subcontractors, and any other TxDMV personnel concerning this Solicitation are strictly prohibited. In no instance is a Vendor to discuss cost information regarding this Solicitation with the TxDMV Sole Point of Contact or any other TxDMV personnel.

Failure to comply with these requirements may result in disqualification of the Response.

All communications concerning this Solicitation must be submitted on or before the “Deadline for Submitting Questions or Clarifications” as noted in the Schedule of Events found on the first page of this Solicitation. Verbal inquiries related to this Solicitation are not acceptable and will receive no response, nor will Vendor communications received after the deadline referenced in the proceeding sentence be answered. Vendor communications pertaining to this Solicitation must include the Solicitation number, title, and the Deadline for Submission of Solicitation Responses date identified in the Schedule of Events found on the first page of this Solicitation (the “Response Deadline”) in the email subject line. TxDMV’s responses to questions or clarifications concerning this Solicitation, if any, will be answered by an addendum posted on the Electronic State Business Daily (“ESBD”) by the Tentative Date for Responses to Questions or Clarifications or as soon as practical.

If a Vendor discovers any ambiguity, conflict, discrepancy, exclusionary specifications, omission, or other error in this Solicitation, the Vendor must immediately provide written notification via email to the TxDMV Sole Point of Contact. If a Bidder fails to notify the TxDMV Sole Point of Contact of any error, ambiguity, conflict, discrepancy, exclusionary specification, or omission, the Bidder submits its Response at its own risk and waives any claim of error or ambiguity in the Solicitation and any resulting Contract, if any. If the Bidder is awarded a Contract resulting from this Solicitation, such successful Bidder will not be entitled to additional compensation, relief, or time by reason of the error or its later correction.

The communications restriction set forth in this Subsection (as to only communicating in writing with the TxDMV Sole Point of Contact identified above) does not preclude discussions between a Vendor and TxDMV personnel for the purposes of conducting business unrelated to this Solicitation.

A.3.2 Exception to Sole Point of Contact https://www.txdmv.gov/

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If applicable to the Solicitation, the only exceptions to the TxDMV Sole Point of Contact are TxDMV Historically Underutilized Business (“HUB”) staff, or, if expressly directed by the TxDMV Sole Point of Contact, another designated TxDMV representative.

Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan (“HSP”), TxDMV HUB staff may be contacted at hub@txdmv.gov. The TxDMV Sole Point of Contact identified in Subsection A.3.1, must be copied on any email.

A.3.3 Response Binding

In submitting a Response to this Solicitation, the Bidder agrees its entire Response will remain a firm and binding offer for at least 120 days from the Response Deadline.

NOTE: A Respondent’s failure to complete, sign, and return Attachment A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance with its Response will disqualify the entire Response.

A.3.4 Award and Cancellation

TxDMV, in its sole and absolute discretion, reserves the right to accept or reject all or any part of a Response, waive minor technicalities or immaterial requirements, and award a Contract resulting from this Solicitation that serves the best interest of the State. Any award is contingent upon approval of the TxDMV Board or its authorized designee.

Additionally, TxDMV also reserves the right to make changes to and/or cancel this Solicitation, make a partial award, or decline to award a Contract resulting from this Solicitation at any time at its sole and absolute discretion.

A.3.5 Travel Expenses and Incidentals

TxDMV, in its sole and absolute discretion, may approve travel expenses including, but not limited to, per diem, travel, mileage rates, trip charges, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to the Deliverables under any Contract that may result from this Solicitation, subject to the not-to-exceed amount of the Contract. All requests for reimbursement of travel expenses must be approved in writing by the TxDMV Contract Representative in advance of such travel and may not exceed the rates established by the Texas Comptroller of Public Accounts, as outlined in the State travel guidelines, Textravel, which are currently accessible at https://fmx.cpa.texas.gov/fmx/travel/.

A.4 Contract Term and Historical Compensation

A.4.1 Contract Term

The initial term of any Contract resulting from this Solicitation is anticipated to be from the effective date of the Contract until August 31, 2025, unless extended, renewed, or terminated sooner in accordance with the terms and conditions of the Contract. Thereafter, TxDMV, at its sole and absolute discretion, may extend or renew any Contract resulting from this Solicitation for up to any period(s) of time, provided the Contract term, including all extension or renewals, do not exceed five years.

mailto:hub@txdmv.gov https://fmx.cpa.texas.gov/fmx/travel/

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Following the initial term and any allowable extensions or renewals, TxDMV, in its sole and absolute discretion, may extend any Contract resulting from this Solicitation beyond the initial term and all extension or renewal periods, in whole or in part, for up to 12 months or for such time deemed necessary to ensure continuity of service, to process a new solicitation, to secure a new contract, for purposes of transition to a new Vendor, or as otherwise determined by TxDMV to services the best interest of the State.

The Bidder in submitting a Response to this Solicitation, acknowledges and understands that TxDMV is not responsible for payment under any Contract resulting from this Solicitation before the effective date of the Contract. No pre-award spending by the Contractor will be allowed.

A.4.2 Historical Compensation

The historical compensation under TxDMV contracts with similar scope and size to this Solicitation has been an approximate $33,000.00 annually. Notwithstanding anything to the contrary in this Solicitation, TxDMV reserves the right to adjust any projected amount based on State funding during the term of any Contract resulting from this Solicitation.

A.5 Pricing Structure

All prices offered, as part of a Bidder’s Response, must be firm, fixed prices, for the initial term of any Contract that may result from this Solicitation. Contract pricing must be constant for TxDMV throughout the lifetime of any Contract that may result from this Solicitation and may only change in accordance with Section A.6, Price Adjustments, of this Solicitation.

The Bidder’s proposed pricing may only be submitted using Attachment E, Pricing Sheet, and must be based on the description and the unit of measure(s) provided for each line item therein. The unit prices must encompass all Solicitation requirements including, but not limited to, labor (hourly rate), equipment, supplies, shipping, material markup percentage, and all other related expenses. Additionally, for the avoidance of doubt, shipping, if any, shall be FOB destination; therefore, unit prices must include delivery to the Project Sites.

A.6 Price Adjustments

A.6.1 Price Increase or Cancellation Requests

Price adjustments are not automatic and must remain firm for the initial term of any Contract that may result from this Solicitation, except as may be allowed under Section A.5 and Section A.6. After the initial term of any Contract that may result from this Solicitation, the Parties may negotiate and agree on a price increase or reduction prior to an extension or renewal option being exercised.

TxDMV, in its sole and absolute discretion, may accept, reject, or negotiate price increases after receipt of a complete, properly submitted, written request that includes documentation in support of any price adjustment. All requests submitted without sufficient supporting documentation to support the pricing increase will not be considered. The Contractor will receive written notification from TxDMV’s Purchasing Section documenting action taken, to include effective dates when appropriate. Any Contract that may result from this Solicitation up to the effective date of approval or cancellation, as applicable, must be honored by the Contractor at the price reflected in the Contract.

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Price increase and cancellation requests under this Subsection should be sent by email to the TxDMV Contract Monitor designated in the Contract with a copy to matthew.windham@txdmv.gov and purchasing@txdmv.gov along with the following in the subject line: “IFB No. 608-24-96172C – Price Increase Request.”

A.6.2 Federal Minimum Wage Adjustments

Notwithstanding anything to the contrary in any Contract that may result from this Solicitation, the Contractor may request a price adjustment based on an increase in the Federal Minimum Wage Rate, published by the U.S. Department of Labor (“USDOL”), if applicable. The request must be submitted in writing to the designated TxDMV Contract Monitor in the Contract with a copy to matthew.windham@txdmv.gov and purchasing@txdmv.gov along with the following in the subject line: “IFB No. 608-24-96172C – Federal Minimum Wage Adjustment Request” and include supporting documentation from the USDOL reflecting the increase and the effective date of the increase. TxDMV reserves the right to accept or reject the request for an increase. The effective date for an increase, if approved, will be based on the date of approval by TxDMV. Retroactive increases will not be allowed or approved if the USDOL effective date is prior to the date the written request is received by the designated TxDMV Contract Monitor. Notification of an approved increase in the Contract rate will be provided through a Contract Amendment or Purchase Order (“PO”) change notice containing the new unit price and effective date for the increase.

A.6.3 Price Decrease or Discount

The Contractor shall immediately implement any price decrease or discount applicable to the Deliverables that may become available during the term of any Contract that may result from this Solicitation. Additionally, the Contractor must notify the designated TxDMV Contract Monitor designated in the Contract in writing so a Contract amendment or PO change notice may be processed for the Contract.

Price decreases or discount notifications under this Subsection should be sent by email to the designated TxDMV Contract Monitor with a copy to matthew.windham@txdmv.gov and purchasing@txdmv.gov along with the following in the subject line: “IFB No. 608-24-96172C – Price Decrease or Discount Notice.”

A.7 Deliverables Requirements and Specifications

A.7.1 Deliverables Information

The information for the Deliverables that will be covered by any Contract that may result from this Solicitation are listed in Attachment D, Statement of Work (“SOW”).

A.7.2 Contractor Requirements

The Contractor will furnish all labor, materials, tools, equipment, supervision, and applicable licenses and permits necessary for providing the Deliverables at the Project Sites in accordance with Attachment

D, SOW.

Documentation of the Bidders experience and qualifications must be submitted with its Response, mailto:matthew.windham@txdmv.gov mailto:purchasing@txdmv.gov mailto:matthew.windham@txdmv.gov mailto:Purchasing@TxDMV.gov mailto:Purchasing@TxDMV.gov

IFB No. 608-24-96172C Page 10 of 18 as well as the names and contact information for three verifiable references for current or previous contracts of the same size and scope of the Deliverables.

A.7.3 Specifications

Reference Attachment D, SOW, and Attachment E, Pricing Sheet.

A.7.4 Condition of Products

Proposed and delivered Deliverables must be new, unused, latest model in current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable.

A.7.5 No Guarantee of Value, Usage, or Compensation

TxDMV does not guarantee a specific volume, usage, or total compensation to be paid to the Contractor throughout the term of any Contract that may result from this Solicitation. Quantities indicated for each item in Attachment E, Pricing Sheet are estimates only and are based upon previous usage, along with other data, if available. These estimates should not be construed as a minimum or a maximum quantity that TxDMV may order. Any Contract that may result from this Solicitation is subject to legislative appropriations and the continuing availability of funds.

A.7.6 Delivery Delays

If a delivery delay is foreseen in providing the Deliverables, the Contractor must give prompt verbal and written notice to the TxDMV Contract Monitor and continuously update TxDMV of the delivery status.

As time is of the essence in performance of any Contract that may result from this Solicitation the late or missed delivery of the Deliverables may trigger Contract remedies available to TxDMV.

A.7.7 Compliant Deliverables

The Contractor’s providing of noncompliant Deliverables does not constitute delivery. Delivery does not occur until the Contractor delivers the Deliverables in full compliance with any Contract that may result from this Solicitation. Delivery of noncompliant Deliverables may trigger Contract remedies available to TxDMV.

A.7.8 Returns and Cancellations

TxDMV may request the Contractor accept return of delivered Deliverables, or the Contractor cancel an order prior to delivery. If Contractor does not agree to TxDMV’s request, TxDMV and Contractor must attempt to resolve the matter. If TxDMV and Contractor do not reach a resolution, the Contractor may request a reasonable fee for restocking compliant Deliverables it has shipped. TxDMV shall pay a restocking charge of no more than ten percent of the cost of the Deliverables if TxDMV, in its sole discretion, determines that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.7.9 Future Contract Development

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The Contractor shall provide any information requested by TxDMV to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the TxDMV within 14 calendar days of the request. Failure to provide future contract development information when requested may affect the Contractor’s consideration for future contracting opportunities with TxDMV.

A.8 Evaluation and Scoring

A.8.1 Initial Compliance Screening

The TxDMV Sole Point of Contact identified in Subsection A.3.1 will perform an initial compliance screening of all Responses received prior to the Response Deadline. The initial screening will check for compliance with various content requirements and minimum qualification requirements defined in this Solicitation. Notwithstanding anything to the contrary within this Solicitation, TxDMV reserves the right to waive minor technicalities and/or immaterial requirements in a Response and award a Contract that may result from this Solicitation that is in the best interest of the State.

Additionally, TxDMV also reserves the right to request clarification from a Bidder who fails to meet any initial compliance requirements prior to rejecting a response for material noncompliance with any requirements or for non-responsiveness.

A.8.2 Bidder’s Past Performance

TxDMV, in its sole and absolute discretion, may disqualify a Bidder when it determines there is an unacceptable risk that the Bidder would fail to perform any Contract that may result from this Solicitation. The Bidder bears the burden of establishing that it is a responsible Vendor capable of performing the type of work required by this Solicitation and meeting the anticipated demand from TxDMV. In addition to the Response, TxDMV may consider any source of information that it deems reliable regarding a Bidder.

TxDMV will consider a Bidder’s past performance in compliance with applicable provisions of Sections §2155.074, 2155.075, 2156.007, 2157.003, and 2157.125 of the Texas Government Code. The following examples indicate poor Vendor past performance:

• A score of less than a C in the Vendor Performance Tracking System (“VPTS”);

• Currently under a corrective action plan for a TxDMV contract;

• Repeated negative Vendor performance reports for the same stated reason;

• A record of repeated non-responsiveness to vendor performance issues; or

• Cancellation of purchase order(s) in the previous 12 months for non-performance, such as late delivery or quality control issues.

Additionally, TxDMV may consult references regarding Bidder’s past performance within the last five years in areas including, but not limited to: notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts.

At any point throughout any Contract that may result from this Solicitation, including any extension or renewal periods, TxDMV may initiate examinations of the Contractor’s performance based upon media reports and any such investigations shall be at the sole discretion of TxDMV.

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A.8.3 Negotiations

TxDMV is not permitted to negotiate any Contract that may result from this Solicitation, except as may be allowed in limited circumstances. Additionally, TxDMV cannot grant exceptions or acknowledge assumptions that materially alter the advertised specifications. Bidders should not expect negotiations to be allowed under this Solicitation and acknowledge that any exceptions or assumptions may disqualify their Response.

A.8.4 Best Value

TxDMV will determine best value as directed by Sections 2155.074, 2155.075(a), and 2156.007 of the Texas Government Code, when awarding a Contract to a Bidder. In determining the best value, TxDMV shall consider the following best value factors:

(1) Price of the item, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions.

(2) Compliance with the stated specifications coupled with the quality and reliability of the goods and services, such as fitness for use that meets or exceeds Customers’ expectations, and the characteristics of the product or service that bear on its ability to meet the stated needs.

(3) Delivery time after receipt of order (“ARO”).

(4) Indicators of probable performance under the Contract, to include Bidder’s past performance; financial resources; ability, capacity, and skill to perform the contract or provide the service required; experience or demonstrated capability and responsibility;

references; and the Bidder’s ability to provide reliable support.

(5) Other relevant factors, such as the Bidder’s ability to comply with laws relating to the goods or services, the Bidder’s anticipated economic impact to the State or a subdivision of the State, including potential tax revenue and employment, the effect of a purchase on TxDMV productivity, and the cost of any employee training associated with the purchase.

In determining best value, TxDMV will consider all lines items within Attachment E, Pricing Sheet, when evaluating the Bidder’s Response.

A.8.5 Award Approach

TxDMV intends to make an award to a single Bidder providing the best value for the State using the applicable best value factors as set forth in Subsection A.8.4. However, notwithstanding the preceding sentence, TxDMV reserves the right to award all or part of any Contract that may result from this Solicitation to multiple Bidders. Any award(s) made will adhere to the procedures, evaluation criteria, and guidelines specified in this Solicitation and in applicable law.

A.8.6 Ties

TxDMV may break a tie by applying Bidder preferences under State law that were claimed in the Response. If no preference applies, TxDMV may award tied items by drawing lots, tossing a coin, or drawing names with two witnesses to oversee the tie-breaking activity.

A.9 Submission Instructions and Requirements

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The Bidder is solely responsible for ensuring its Response is complete, satisfies all Solicitation requirements, submitted to, and received by TxDMV by the Response Deadline.

In no event will TxDMV be responsible or liable for lost, misdirected, technical difficulties preventing submission of Responses, delivery delays or errors, or late Responses. Responses must be received by TxDMV by the Response Deadline. Late Responses will be disqualified.

Responses submitted by any other method not specified in Subsections A.9.1 and A.9.2, will not be accepted or considered.

A.9.1 Electronic Mail Submission of Response

1. Responses, including all documents required by this Solicitation, submitted by email must be sent to matthew.windham@txdmv.gov with a copy to purchasing@txdmv.gov by the Response Deadline. If TxDMV, in its sole discretion, determines all or any portion of a Response submitted is received late, is illegible, or is otherwise nonresponsive due to equipment failure or user error, the Response or applicable portion of the Response will be considered late and will be rejected.

TxDMV will notify a Bidder if its Response was rejected.

2. The subject line for emails containing Response submissions should contain the following in the subject line, as well as the Bidder’s Name (abbreviated name is permissible), and the number of emails if more than one (e.g., 1 of #):

“IFB No. 608-24-96172C, Court Reporting and Transcription Services, <Bidder’s Name Here>”

TxDMV is not responsible for Responses submitted by email, lost emails, or blocked emails, or emails that do not follow the required naming convention. Additionally, TxDMV takes no responsibility for emailed Responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TxDMV anti-virus or other security software. Bidders are advised to be aware Internet Service Providers may limit file sizes on outgoing emails.

3. If a Bidder believes its Response contains information that is confidential, proprietary, and exempt from public disclosure under the “Texas Public Information Act,” Chapter 552 of the Texas Government Code, the Bidder should submit a second, redacted copy of its Response with the email subject line containing the following:

“IFB No. 608-24-96172C, Court Reporting and

Transcription Services, <Bidder’s Name Here> - Redacted”

The second, redacted copy of Bidder’s Response must include a detailed summary of the redacted information.

If Bidder fails to submit a redacted copy of its Response, TxDMV assumes all information contained in the original Response (excluding social security numbers) is public.

4. Responses cannot be altered or amended after the Response Deadline. Alterations made prior mailto:purchasing@txdmv.gov

IFB No. 608-24-96172C Page 14 of 18 to the Response Deadline must be initialed by the Bidder or its authorized representative. No Response may be withdrawn after the Response Deadline without written approval from TxDMV.

5. Responses, including all documents required by this Solicitation, must clearly reference the

Bidder’s full legal name and the Solicitation title and number, as well as include a table of contents with all pages being numbered consecutively and reflect the total number of pages in the Response.

6. Responses may not include brochures, pamphlets, or other printed materials not specifically requested in this Solicitation.

7. Responses, including all documents required by this Solicitation, should be submitted in Microsoft Office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft Office® software, or Adobe® portable document format (“PDF”). All documents with signatures shall be submitted as a PDF file. TxDMV is not responsible for documents that cannot be read or converted. Unreadable Responses, at TxDMV’s sole discretion, will be rejected as nonresponsive.

A.9.2 Mail or Hand Delivery of Response - Optional

1. Responses may be hand-carried or delivered by overnight service or U.S. Mail before the Response Deadline to the address listed below. Responses received after the Response Deadline will not be considered. TxDMV, in its sole discretion, will either return the rejected Response to the Bidder or dispose of it in accordance with TxDMV policy.

U.S. Postal Service, Overnight/Express Mail, or Hand Delivery Texas Department of Motor Vehicles

Purchasing Section 4000 Jackson Avenue Austin, Texas 78731

Attn: Matthew Windham, CTCD, CTCM

2. All Responses hand delivered or mailed must be in a package plainly marked as “IFB No. 608- 24-96172C, Court Reporting and Transcription Services, <Bidder’s Name Here>.” All deliveries will be received and logged.

3. When hand-delivering or mailing a Response, the Bidder should place a label in the lower left-hand corner of the sealed mailing envelope or box that contains the Solicitation information noted in Subsection A.9.2(2) above. If the Response requires more than one envelope or box, the label on each sealed envelope or box should include the number of sealed envelopes or boxes (e.g., 1 of #).

If a delivery service is used that prohibits such markings on the outside of the package, this information must be placed in plain view on the outside of an interior envelope or package.

A.9.3 Applicable Statutes, Rules, and Regulations

IFB No. 608-24-96172C Page 15 of 18

Bidders must comply with all statutes, rules, and regulations related to purchasing applicable to the State and TxDMV in addition to the requirements of this Solicitation. Additionally, the Contractor under any Contract that may result from this Solicitation, shall comply with all federal, State, and local laws, statutes, rules, regulations, and ordinances, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

A.9.4 Award of Contract

A Response to this Solicitation must be based upon the terms, conditions, and specifications contained herein. The successful Bidder’s Response to this Solicitation does not become a Contract until the Parties execute a written Contract or TxDMV issues a Purchase Order that is accepted by the Contractor. The award of any Contract that may result from this Solicitation will be made based upon the evaluation of all compliant Responses received, using the applicable best value factors as set forth in Subsection A.8.4.

A.9.5 Bidder’s Response

Bidder’s Response must include information that addresses each of the following:

a. All written Responses must be phrased in terms and language that can be easily understood by non-technical personnel (e.g., laypersons without subject matter expertise);

b. All responses must be in formats as specified by TxDMV – at a minimum, the formats must be in industry accepted standards (e.g., Microsoft Office® formats (Word®, Excel®, PowerPoint®, and Project®), or PDF file);

c. Bidder’s services capabilities;

d. All information or documents that are required to be included in the Bidder’s Response as stated throughout this Solicitation including, but not limited to, a completed and signed TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance, and HUB Subcontracting Plan. (IMPORTANT NOTICE: Bidders are advised to read the SOW carefully as it may contain requests for certain information or documents that must be included as part of a Bidder’s Response);

e. A summary of the Bidder’s experience in providing services that are similar to the services that are being requested in this Solicitation; and

f. Names of at least three references for whom the Bidder provided similar services in the previous three years from the date of the Response. Include the name and phone number or email address of the client organization point of contact who is authorized to provide a reference.

A.9.6 Cash Discounts

Cash discounts will not be considered in determining an award of any Contract that may result from this Solicitation. However, Cash discounts proposed will be taken by TxDMV if earned.

A.9.7 Disclosure of Potential Conflicts of Interest and Disclosure of Interested Parties –

Mandatory

The Bidder must certify that it does not have any personal or business interests that present a conflict of

IFB No. 608-24-96172C Page 16 of 18 interest with respect to this Solicitation and any resulting Contract. Additionally, the Bidder must disclose all potential conflicts of interest and describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence and objectivity will be maintained.

Additionally, the Bidder is required to complete and return Attachment H, Disclosure of Potential Conflicts of Interest Form and provide all information requested on the form. TxDMV will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the contract. Failure to identify actual and potential conflicts of interest may result in disqualification of a Solicitation Response or termination of any Contract that may result from this Solicitation.

Please include any activities of affiliated or parent organizations and individuals who may be assigned to the Contract, if any.

Additionally, pursuant to Tex. Gov’t Code § 2252.908, the successful Bidder awarded a Contract greater than $1 million dollars, or that requires an action or vote of the governing body, resulting from this Solicitation must file a disclosure of interested parties (Form 1295) with the Texas Ethics Commission (“TEC”) and provide a copy of the form to the TxDMV Sole Point of Contact identified in Subsection

3.1 prior to the successful Bidder signing the Contract, unless a Section 2252.908(c) exemption applies.

The associated rules and filing instructions may be found on TEC’s public website and additional instructions will be given by TxDMV to the successful Bidder, if required for any Contract that may result from this Solicitation.

A.9.8 Escalation Protocol – Mandatory

Respondent’s Response must include an escalation protocol for TxDMV’s consideration to collaboratively resolve issues encountered during the term of any Contract that may from this Solicitation. The escalation protocol should explain how issues or complaints are prioritized and resolved. Failure to comply with this requirement will disqualify the Response.

A.9.9 Exceptions

Bidders are encouraged to request any desired modifications to the Solicitation through the questions or clarifications process outlined in Subsection A.3.1 prior to the Deadline for Submitting Questions or Clarifications as noted in the Schedule of Events found on the first page of this Solicitation.

Furthermore, TxDMV must reject any Response that includes exceptions that materially change the specifications of the Solicitation. Any exceptions to or additions to the terms, conditions, and specifications contained in this Solicitation by a Bidder and submitted with its Response are deemed rejected by TxDMV and will not become part of any Contract that may result from this Solicitation, unless TxDMV expressly agrees to such exceptions or additions in writing. For the avoidance of doubt, the execution of a written Contract or issuance of a Purchase Order by TxDMV that may or may not reference the Bidder’s Response is not sufficient and does not demonstrate TxDMV’s acceptance of any exceptions or additions that may be therein unless expressly stated.

If a Bidder has objections to any of the terms, conditions, or specifications in this Solicitation, the Vendor must provide the language to which Bidder has an objection, state the basis for the objection, and propose substitute language using the format below, either on company letterhead or a Microsoft Excel® spreadsheet:

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908 https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/

IFB No. 608-24-96172C Page 17 of 18

Section/Subsection Section Title Exception Proposed Language

A.9.10 HUB Subcontracting Plan (HSP) – Mandatory

TxDMV HUB staff have reviewed the opportunities available through this Solicitation and determined that subcontracting opportunities are probable for all or part of the required Deliverables. Therefore, Bidders must complete, sign, and return Attachment G, HUB HSP Form, with Responses. Failure to comply with this requirement will result in disqualification of the Response. Bidders should include all subcontractors in their HSP, and whether they are a HUB firm or not. For instructions on how to complete the HSP, Bidders should review Attachment F, HUB HSP Instructions.

The HUB Program rules may be access at: https://comptroller.texas.gov/purchasing/vendor/hub/, which provides instructions to assist with finding Historically Underutilized Businesses on the State’s Centralized Master Bidders List (“CMBL”) to be used when preparing the HSP. The link to all necessary forms: https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.

If assistance or a courtesy review is needed in preparing the HSP, the Bidder or its authorized representative may contact the TxDMV HUB staff in accordance with Subsection A.3.2.

A.9.11 Pricing Sheet – Mandatory

The Bidder’s proposed costs must be submitted on Attachment E, Pricing Sheet. Bidders must submit the pricing sheet in its original Microsoft Excel® format only. Failure to comply with the pricing sheet format requirement by converting the price sheet to a PDF or other document format may result in disqualification of the Response. Additionally, Responses will be disqualified if they do not contain the completed Attachment E, Pricing Sheet.

A.9.12 Protests

If a Bidder wishes to file a protest in connection with this Solicitation or any award resulting therefrom, they may do so in accordance with the rules published by TxDMV in 43 Tex. Admin. Code pt. 10, ch.

210, subch. A, § 210.2.

A.9.13 Taxes

Purchases made for State use are exempt from the State sales tax and federal excise tax. Bidders shall not include taxes in their Responses, nor shall the successful Bidder include taxes in its invoice(s) associated with any Contract that may result from this Solicitation. Excise tax exemption certificates are available from TxDMV upon request.

A.9.14 Texas Identification Number System (TINS)

The Bidder must enter its eleven-digit Texas Identification Number System (“TINS”) number, full name, and address in the spaces provided in Attachment A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance. Failure to comply with this requirement may result in disqualification of the Response.

https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=43&pt=10&ch=210&rl=2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=43&pt=10&ch=210&rl=2

IFB No. 608-24-96172C Page 18 of 18

A.9.15 TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance - Mandatory

Bidders must complete, sign, and return Attachment A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance as part of their Response. Failure to comply with this requirement will disqualify the Response.

A.9.16 Solicitation Addenda - Mandatory

A Bidder, when submitting a Response, must acknowledge each Solicitation Addendum, if any, by returning a signed copy of the Addendum with its Response. Failure to comply with this requirement may result in disqualification of the Response.

TxDMV will post all Addenda to this Solicitation on the ESBD, if any. Bidders are responsible for checking the ESBD for updates to this Solicitation prior to submitting its Response and the Response Deadline. A Bidder’s failure to check the ESBD does not release it from the requirements of any Addenda nor permit it to increase or withdraw its Response.

If a Bidder has submitted its Response prior to an addendum being posted to the ESBD, the Bidder may…