ESBD_442459_1754340256558_TMD25-FMO.CHE.MH-0040428 Vehicle Lease Program.pdf

TEXAS MILITARY DEPARTMENT SOLICITATION

NIGP Code 975-14 Automobiles and Other Passenger Vehicles, Including Emergency Type Rental or Lease

SOLICITATION NO.

TMD25-FMO.CHE.MH-0040428

TYPE OF SOLICITATION

INVITATION FOR BID (IFB)

DATE ISSUED

08/04/2025

INVITATION FOR BIDS (IFB) – VEHICLE LEASE PROGRAM

Respondent must submit their responses via e-mail to:

Procurement@military.texas.gov no later than

2:00 P.M. CST on 09/03/2025

FOR INFORMATION CONTACT:

Reginald Hall Contract Specialist, CTCD, CTCM Contract Administrator Phone: (512) 782-3722 Email: Procurement@military.texas.gov

RESPONSE (Bidder must fully complete)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

Bidder acknowledges receipt of solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF BIDDER:

RESPONSE DATE

TELEPHONE NO. (INCLUDE AREA CODE)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Bidder represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. TMD may pursue and enforce any available remedies against the Bidder for making false statements, including disqualifying the Bidder’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING The initial Contract term begins on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires two (2) years from that effective date. The Contract includes two (2) optional renewal periods of one year each. TMD reserves the right to exercise these optional renewals, one at a time.

If necessary, at the end of the last optional renewal period, TMD may extend the Contract for an additional six-month period.

TMD will not allow changes after Date of Award to terms or pricing during either the initial term of the Contract or any optional renewal period. The continuation of the Contract for any period is subject to the availability of TMD’s funding source for the Contract.

mailto:Procurement@military.texas.gov

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ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of Contractor and award of the contract, if any, will proceed according to the following schedule:

Date Time CST Event

08/04/2025 Solicitation Posted to ESBD

08/12/2025 4:00 PM Last day to submit written questions for clarification to TMD

08/15/2025 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

09/03/2025 2:00 PM Deadline for TMD to receive Bids

A.

Intentionally left blank

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SECTION A—DEFINITIONS

SECTION B—SERVICES AND PRICES

B.1 PRICING INSTRUCTIONS

B.2 FINANCIAL RESOURCES AND ABILITY TO PERFORM

B.3 INVOICE REQUIREMENTS

B.4 PAYMENTS

B.5 BILLING AND PAYMENTS

B.6 PAYMENT ADJUSTMENT

B.7 LATE PAYMENT

B.8 DEDUCTIONS FOR UNACCEPTABLE COMPLIANCE

B.9 WITHHOLDING OF PAYMENT

B.10 DEBTS AND DELINQUENCIES

B.11 RIGHT TO OFFSET

B.12 MANDATORY PRICING SCHEDULE

SECTION C - SPECIFICATIONS

C.1 INTRODUCTION

C.2 SPECIFICATIONS AND STATEMENT OF WORK

C.3 TERM

C.4 PRICING AND PRICE ADJUSTMENTS

C.5 VEHICLE SPECIFICATIONS

C.6 VEHICLE MODEL OPTIONS

C.7 VEHICLE MAINTENANCE

C.8 CATASROPHIC FAILURE

C.9 VEHICLE DAMAGE REPAIR DUE TO COLLISIONS

C.10 WARRANTY COVERAGE AND REPAIR SERVICES

C.11 DELIVERY AND ACCEPTANCE CRITERIA

C.12 MINIMUM VENDOR QUALIFICATIONS

C.13 REPORTING REQUIREMENTS

C.14 PRICE SCHEDULE

C.15 TMD PERSONNEL

C.16 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION

C.17 INSURANCE REQUIRED UNDER THE CONTRACT

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’S RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 VOLUME ONE – CONTRACT FORMS AND REQUIRED RESPONSE INFORMATION

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E.8.2 VOLUME TWO – BIDDER INFORMATION SECTION

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

E.11 AGENCY POSTING OF CONTRACTS

E.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENTS

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SECTION A—DEFINITIONS

Definitions: The following terms and acronyms used in this solicitation have the meanings given in this section unless the context indicates otherwise.

“Bid” means the Bidder’s response to this solicitation. A Bid is an offer to contract based upon the terms, conditions, and specifications contained within the solicitation. Bids do not become contracts until they are accepted through an open market purchase order.

“Bidder” means the individual, business entity, or organization that submits a response in reply to this solicitation with intent to contract with TMD.

“Business Days” means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Contract” means this formal, written, and legally enforceable agreement between TMD and Contractor.

“Contractor” means the individual, business or other entity awarded the Contract. In the context of submitting a response, “Contractor” also means “Bidder” and “Vendor.”

“Date of Award” means the date the Contract is fully executed, or purchase order is issued.

“Days” means calendar days unless otherwise specified.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Texas Government Code § 437.

“Fiscal Year” means any of the one (1) year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and TMD.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—SERVICES AND PRICES

B.1 PRICING INSTRUCTIONS

A. TMD seeks, and Contractor will provide the commodities and services described in Section C, Specifications on a no minimum, as needed, as requested basis. Pricing is firm fixed price for the duration requested and authorized by TMD as provided under the Contract. Bidder must price the response on this basis.

B. Contractor must deliver and provide the commodities and services in compliance with all requirements of the Contract with such payment to be processed by TMD after TMD’s receipt, testing and acceptance.

C. Bidder must submit a response that include all costs, fees, licenses, and expenses for Contractor’s delivery of the commodities and services under the Contract and will represent Contractor’s sole compensation under the Contract. No minimum compensation is guaranteed under the Contract.

No payments may be approved or made prior to TMD’s acceptance as provided in the Contract.

D. TMD reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of TMD and to reject any and all items bid at the sole discretion of TMD. TMD also reserves the right to accept or reject all or any part of any response, waive minor technicalities and award the response to best serve the interests of TMD.

E. Catalogs, brand names, or manufacturer’s references are descriptive only, and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless advertised under Texas Government Code § 2155.067. If a Bidder believes it can satisfy these specifications, it should bid its goods or services and explain how the specifications will be adequately met.

F. If bidding on specifications other than those stated within this solicitation, bid should show manufacturer, brand, or trade name, and other description of product offered. If other than brand(s) specified is offered, specifications, illustrations, and complete descriptions of product offered must be included with bid. Failure to take exception to specifications or reference data will require Bidder to furnish specified brand names, model numbers, etc.

G. Consistent and continued tie bidding may cause rejection of bids by TMD and investigation for anti-trust violations.

H. Optional Features, Products or Services - Bidder is encouraged to submit and describe in detail, within its response, optional features, products, or services that would benefit TMD, but are not part of the minimum requirements of this solicitation. In its response, Bidder must describe with specificity any proposed optional features, products, or services. For pricing associated with optional items that exceed the minimum requirements, Bidder must include the line-item cost associated with each proposed optional feature, product, or service in the “Optional, Features, Products, or Services” pricing portion of the Mandatory Pricing Schedule.

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B.2 FINANCIAL RESOURCES AND ABILITY TO PERFORM

A. Bidder must provide evidence of its financial resources and its ability to provide the commodities or perform the services for which Bidder is submitting a response. This includes information Bidder believes is pertinent to demonstrate its financial capability, financial solvency, and capacity to fulfill the requirements of this solicitation.

B. Bidder must provide information and any other financial information reasonably requested by TMD consistent with the services provided by Bidder or otherwise required by the then applicable TMD policies for similar contracts.

C. TMD reserves the right to investigate and determine the financial integrity and responsibility of a Bidder and to reject a response on the grounds of Bidder’s lack of financial soundness, or if TMD reasonably concludes, after reviewing the information submitted by Bidder as well as all other relevant information obtained by TMD, that significant issues exist that could jeopardize Bidder’s full and timely performance. TMDS also reserves this same right throughout the life of the Contract, including before executing any optional renewal amendment with Contractor.

B.3 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1) The Contract number or Purchase Order number.

2) remittance address; and

3) any prompt payment discount offered.

B. Contractor must send an email with the invoice copy to Payables@military.texas.gov and to the Contract Monitor (if applicable).

An original, hard-copy invoice, if required, will be submitted to the office designated below:

Texas Military Department (TMD)

Attn: Accounts Payable Department P.O. Box 5218, Building 11 Austin, Texas 78763-5218

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not mail the invoice to the appropriate addresses identified in this section.

B.4 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Attachment G.3).

mailto:Payables@military.texas.gov

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B. Regardless as to whether Direct Deposit is chosen, Bidder must submit a completed Application for Texas Identification Number AP-152 (Attachment G.2) to the following email address:

Texas Military Department (TMD) Attn: Accounts Payable Department Email: ap_vendor@military.texas.gov

Reference: Contractor Set-up for Solicitation TMD25-FMO.CHE.MH-0040428

Bidder must include Reginald Hall in all email communication at: procurement@military.texas.gov

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization Form to TMD for another separate contract, another form is not required to be submitted.

B.5 BILLING AND PAYMENTS

A. TMD will not make any payments of any amount to Contractor until an accurate invoice is received that complies with Section B.3 above. TMD will notify Contractor if invoice is deemed to be inaccurate within 20 days of receipt.

B. Texas Government Code § 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

C. If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify Contractor of the dispute and request clarification or remedial action.

D. If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, Contractor must resubmit an invoice reflecting all corrections.

B.6 PAYMENT ADJUSTMENT

A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified in, or any money determined to be due as specified in the Contract.

B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld and an invoice issued to Contractor for the remaining amount due.

C. Contractor must pay the invoiced amount within 30 days of receipt unless Contractor and TMD mutually agree on an alternative payment method.

B.7 LATE PAYMENT

Any amount owed to Contractor more than one (1) day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified mailto:procurement@military.texas.gov

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B.8 DEDUCTIONS FOR UNACCEPTABLE COMPLIANCE

If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.9 WITHHOLDING OF PAYMENT

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1) Failure to submit reports or other documentation required in Section D—Contract Compliance Reports and Data required from Contractor.

2) Failure to comply with background check or security requirements.

3) Failure to respond to audit reports; and

4) Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

C. Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive days.

D. In the event that money is due to TMD for Contractor’s failure to provide adequate maintenance or replacement of the property as required in the Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 days from date of the Contract’s termination.

B.10 DEBTS AND DELINQUENCIES

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.11 RIGHT TO OFFSET

In the event TMD determines that Contractor owes money to TMD under any contract or purchase order, TMD, upon providing Contractor with written notice of its intent to offset, will have the right to withhold monies due to Contractor with respect to the Contract or with respect to any other contract or purchase order with TMD and apply such monies to the money due to TMD.

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B.12 MANDATORY PRICING SCHEDULE

The Bidder must submit its bid price within Attachment G.4 Mandatory Pricing Schedule, replicating, as necessary, in its exact format.

Bid price must be submitted on the Mandatory Pricing Schedule. Respondents will price per unit shown.

Unit prices will govern in the event of extension errors.

If a separate price quotation is submitted as part of Bid response, the quotation must be referenced in the response and signed by Bidder to establish formal linkage to the Bid.

Prices bid is firm throughout the term of the Contract. “Discount from List” bid pricing is not acceptable unless requested. Cash discounts are not considered in determining an award. Cash discounts offered will be taken if earned.

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SECTION C – STATEMENT OF WORK

C.1 INTRODUCTION

The Texas Military Department is issuing this Invitation for Bid to solicit proposals from qualified vendors for the leasing of vehicles.

The vehicles leased under the Contract will be utilized by TMD staff and service members strictly for official TMD business. All operators of the vehicles will possess a valid driver's license and have a satisfactory driving record. TMD staff will ensure that each vehicle is used and operated carefully and in compliance with all applicable laws and regulations from relevant governmental authorities.

C.2 SPECIFICATIONS AND STATEMENT OF WORK

The Texas Military Department (TMD) is seeking to lease vehicles for an initial two-year period with the option to extend the contract for two additional one-year renewal periods.

All proposed pricing must be all-inclusive, covering state, local, and federal fees, surcharges, and any one-time delivery or set up fees. No additional charges will be accepted beyond those specified in the proposal. Price proposal must include unlimited mileage throughout the lease term and at a minimum a 3 year / 36,000 miles bumper to bumper manufacturers factory warranty.

TMD does not guarantee any specific amount of compensation, nor does it ensure a minimum or maximum number of vehicles under this bid and resulting contract. TMD makes no express or implied warranty whatsoever that any minimum compensation or minimum quantity will be guaranteed under the contract. The number of vehicles required may vary based on departmental needs, and TMD reserves the right to request adjustments to the number of vehicles during the lease term.

C.3 TERM

The initial contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires two (2) year from that effective date. The Contract has two (2) one-year optional renewal periods available, which TMD solely reserves the right to exercise one optional renewal period at a time.

TMD will provide the Contractor with written notice of its intent to renew no less than 30 calendar days prior to the expiration of the current contract term. Failure to provide such notice shall not automatically terminate the agreement but may affect the renewal timeline or terms.

If necessary, and upon mutual agreement between the Contractor and the Texas Military Department (TMD), the contract may also extend contract for an additional six (6) months following the conclusion of the final optional renewal period to allow for a transition of services to a new contractor or to ensure continuity of operations.

C.4 PRICING AND PRICE ADJUSTMENTS

The Successful Contractor must hold all proposed pricing firm for the duration of the initial contract period. No price increases will be permitted during the initial term.

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The Texas Military Department (TMD) reserves the right to extend the contract term beyond the initial period as listed in C.3 Term. In the event of such an extension, the renewal pricing submitted in the original proposal will apply to all renewal terms unless otherwise agreed in writing.

C.5 VEHICLE SPECIFICATIONS

Each leased vehicle must meet the following minimum specifications:

1) Shall be at least a 2023 model or newer.

2) Shall be either new, used, or pre-owned certified.

3) Vehicle odometer reading must list mileage at 25,000 or less upon delivery.

4) Shall be either gas or flex fuel

5) Cruise control

6) Automatic transmission for all vehicles

7) Shall include front driver and passenger air bags

8) Four doors

9) Radio

10) Air conditioning & Heater

11) Anti-lock braking system (ABS)

12) Power windows

13) Power steering

14) Power Locks

15) GPS to retrieve lost or stolen vehicles

16) Tilt Steering Wheel

17) Three (3) sets of keys with key fobs

18) Floor mats

19) Trucks must be crew cabs, include a tow package and be 8-cylinder gas.

20) Technology must include at a minimum: a backup camera, keyless entry, a vehicle alarm, Bluetooth or auxiliary audio plug in.

21) Vehicle colors shall be any shade of white, black, grey, blue. Vehicle colors do not need to be uniform across all vehicles.

22) Must be fully licensed and registered to TMD with license plates and all applicable taxes.

C.6 VEHICLE MODEL OPTIONS

Vehicles must be able to meet or exceed the following size and class requirement’s:

• Economy – Mitsubishi Mirage, Chevrolet Spark, Hyundai Accent or similar

• Compact – Nissan Versa, Toyota Yaris, Ford Focus, Chevrolet Cobalt or similar

• Intermediate (or Mid-Size) - Hyundai Electra, Toyota Corolla, Nissan Sentra or similar

• Standard – Kia Soul, Ford Fusion, Chevrolet Impala, Ford Torus or similar

• Compact SUV – Ford Eco Sport or similar

• Intermediate SUV – Toyota RAV4, Ford Escape, Jeep Cherokee or Similar

• Standard SUV – Hyundai Santa Fe, Ford Edge, Kia Sorento or Similar

• Passenger Minivan – Toyota Sienna or similar

• Full-size SUV - Chevrolet Tahoe, Nissan Armada, or similar

• ¾ Ton Truck- Chevrolet Silverado 2500 HD, Ford F-250 Super Duty or similar

• 1 Ton Truck – Chevrolet Silverado 3500HD, Ford F-350 Super Duty or similar

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C.7 VEHICLE MAINTENANCE

1) The Contractor shall perform all recall-related repairs at no cost. If a vehicle is out of service for more than seven (7) consecutive calendar days due to recall work, the Contractor must provide a loaner vehicle at no additional charge.

2) The Texas Military Department will be responsible and perform all routine vehicle maintenance, such as oil changes, tire rotations, etc.

C.8 CATASROPHIC FAILURE

In the event of a catastrophic incident (non-collision), such as severe weather, the contractor is required to provide TMD with a comparable loaner vehicle if any leased vehicle will be out of service for more than 7 calendar days.

C.9 VEHICLE DAMAGE REPAIR DUE TO COLLISIONS

Vehicle damages:

1) Normal wear and tear: Normal wear and tear is defined as dents, dings, paint chips, or scratches three inches or less in size, pitted, but not cracked, windshields, and interior wear such as soiled carpets and seats normally incurred by a motor vehicle used in both rural and metropolitan areas over a period of 12 months.

2) Excess wear and tear: Excess wear and tear is defined as dents, dings, paint chips, or scratches more than three inches in size, cracked or punctured bumpers, chipped or cracked windshields, interior holes, burns, rips, tears, or stains requiring heavy cleaning or replacement of fabric, interior damage such as gouged steering wheels or dashboards, missing equipment, and any exterior or interior damage attributable to collision.

3) A Total Loss Vehicle is defined as a vehicle that the estimated cost to repair the vehicle is equal to at least 80 percent of the retail market value of the vehicle prior to the damage as determined by using NADA Guides at https://www.jdpower.com/cars.

Vehicle damage repairs due to collisions:

1) The TMD is self-insured and will be responsible for repairing all vehicle damage due to collisions.

2) The Contractor, if they so choose, may supply a proposal for repairing vehicle collision damage.

The cost of the damage will be covered by an insurance policy with comprehensive and collision coverage; in the event that the Contractor’s repair proposal is lower than, or equal to, the insurance payout, the Contractor will be afforded the right to perform the repairs.

3) Vehicle Damage Resulting from Excess wear and tear - When TMD returns a vehicle to the Contractor at the end of the vehicle’s lease period, an assessment for excess wear and tear shall be made at the time the vehicle is returned. If excess wear and tear damage exists, the Contractor shall submit an invoice to TMD for the excess wear and tear damage.

4) Excess wear and tear must be fully documented, including clear photographic evidence of the damage. For any individual damage estimate that is greater than $5,000.00, the Contractor will provide TMD with repair estimates from no less than three (3) repair facilities.

C.10 WARRANTY COVERAGE AND WARRANTY REPAIR SERVICES

Standard Manufacturers Factory Warranty https://www.jdpower.com/cars

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1) All vehicles must include a 3 year / 36,000 miles bumper to bumper manufacturers factory warranty.

2) Coverage for the warranty service contract will begin at the time TMD takes possession of the vehicle.

Warranty Repair Services

1) The Contractor will perform all manufacturer-required maintenance at the manufacturer prescribed intervals and within required timeframes.

2) Maintenance intervals will be scheduled to ensure the continuation of warranty coverage. In no case will maintenance intervals exceed 5,000 miles or one year, whichever comes first.

3) All scheduled warranty work shall be completed within 72 hours.

4) TMD will maintain responsibility for maintenance tasks that would typically be considered wear and tear items, such as:

• Routine maintenance

• Tires

• Brakes

• Wiper blades

5) TMD will be responsible for all acts of vandalism and theft.

Optional Extended Warranty The Texas Military Department (TMD) reserves the right to include optional extended warranty and protection plans in the final Contract. These optional add-ons may include, but are not limited to:

1) Lease-End Protection

Coverage for excess wear and tear, including scratches, dents, interior damage, and other cosmetic or minor issues that may result in additional charges at the end of the lease term.

2) Extended Warranty Service Contract Coverage for repairs beyond the standard manufacturer’s factory warranty period, providing continued protection after the expiration of the initial bumper-to-bumper warranty.

3) Maintenance Plans Coverage for routine and preventive maintenance, including but not limited to oil changes, tire rotations, brake inspections, and other scheduled services related to vehicle wear and tear.

4) Proposals should include detailed descriptions and separate pricing for each optional plan in their proposal. TMD will evaluate these options independently and may elect to include any combination of them in the final contract.

C.11 DELIVERY AND ACCEPTANCE CRITERIA

The Contractor shall propose a delivery schedule with initial order request. All vehicles must be delivered to TMD Camp Mabry, located at 2200 W. 35th Street, Building 11, Austin, TX. Each vehicle must include a minimum of three car keys and key fobs.

The vehicles must be of high quality, have clean interiors, and be in safe operating condition. TMD reserves the right to accept or reject any vehicle upon delivery if it does not meet the standards specified in the contract.

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If the contractor is unable to complete the delivery within the agreed timeframe, they must notify TMD as soon as they are aware of the delay and provide a revised estimated delivery date. Additionally, TMD retains the right to cancel the order at any time without incurring any costs.

C.12 MINIMUM VENDOR QUALIFICATIONS

Each Bidder must include information in their response that clearly indicates they meet the following minimum qualification requirements.

1. The bidder must have an adequate inventory of the specified vehicles to fulfill the delivery requirements.

2. The bidder must have provided vehicle leasing services for a minimum of five years, and these services must have been within the last ten years.

C.13 REPORTING REQUIREMENTS

The Contractor is required to meet with TMD biannually and provide a Contract Status and Usage Report. This report will cover all vehicles, including those newly delivered or currently in TMD's possession during the previous six-month period. At a minimum, the report must include the following information for each vehicle:

- Vehicle year

- Make and model

- Vehicle identification number (VIN)

- Purchase order number

- Date of delivery

- Months in service

The report should be formatted as a spreadsheet compatible with Microsoft Excel and should preferably be accessible online on a monthly basis. Additionally, the Contractor must provide an electronic copy of the report. TMD will review this information and compare it with the agency's records to identify any potential inconsistencies that need to be resolved. Furthermore, TMD may request additional meetings with the Contractor regarding this agreement. The Contractor agrees to make a good faith effort to schedule these extra meetings in a timely manner.

C.14 PRICE SCHEDULE

The basis of payment is set forth in Attachment G.4 Mandatory Price Schedule for the monthly lease cost per vehicle. Price proposal must include unlimited mileage throughout the lease term and at a minimum a 3 year / 36,000 miles bumper to bumper manufacturers factory warranty.

No optional extended warranty or maintenance packages shall be factored into vehicle pricing. The TMDs acceptance and approval of leased vehicles is a condition of payment. The TMD cannot provide advance payment for any portion of the contract amount.

C.15 TMD PERSONNEL

C.15.1. TMD’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Reginald Hall.

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B. The telephone number for the Contract Administrator is 512-782-3722.

C. The email address is Procurement@military.texas.gov

The Contract Administrator is responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

C.15.2 TMD’s Contract Monitors

A. The Challenge Program Contract Monitor is Kathleen Koneschek.

B. The Mental Health Program Contract Monitor is Chelsea Branning.

C. The Construction and Facilities Maintenance Contract Monitor is Nate Praskey.

Contact information for all designated contract monitors, including email addresses and phone numbers, will be provided to the awarded vendor upon contract award.

The Contract Monitor is not authorized to make any representations or commitments of any kind on behalf of TMD or the State of Texas.

The Contract Monitor does not have the authority to alter Contractor’s obligations or to amend the Contract in any way.

If TMD and Contractor agree to amend the Contract, TMD will issue a written Amendment or Purchase Order Change Notice (POCN).

C.16 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PARTICIPATION

A Historically Underutilized Business (HUB) is a business that is certified by the State of Texas that (1) is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American woman, or a Service Related Disabled Veteran; (2) is a for-profit entity that has not exceeded the size standards established by 34 Texas Administrative Code § 20.294, and has its principal place of business in Texas; and (3) has an owner residing in Texas who has a proportionate interest in the business and who actively participates in the control, operations and management of the entity’s affairs. See also 34 Texas Administrative Code § 20.282.

A. Contractor must make a good faith effort to comply with all state HUB requirements under Texas Government Code § 2161 and the administrative rules, as applicable. Contractor must also comply with its approved HUB Subcontracting Plan (HSP).

B. Contractor must submit an HSP as part of its response and must comply with implementation of the HSP. Contractor must seek written approval from TMD prior to making any modifications to its HSP.

C. Contractor must submit a detailed description of the HSP and required forms with the response. Contractor’s response will be disqualified if the agency forms are not completed in full or are missing from Contractor’s original response.

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D. Contractor must provide notice to all subcontractors of their selection as a subcontractor for the Contract. The notice will specify, at a minimum, TMD’s name, the name of the Contract Administrator, the Contract’s assigned contract number, the subcontracting opportunity the subcontractor will perform, the approximate dollar value of the subcontract, and the expected percentage of the Contract’s total value that the subcontract represents. A copy of the notice will be provided to the Contract Administrator no later than ten business days after the effective date of the Contract.

E. Contractor must submit to the Contract Administrator on a monthly basis (by the fifth day of the following month) the Prime Vendor Progress Assessment Report.

C.17 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Bidder must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified.

Bidder should also describe other insurance coverage maintained by Bidder in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The Contractor is required, within five (5) business days of Notice of Award or Purchase Order, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award.

Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate Workers’ Compensation Statutory Limits for the State of Texas or for any state

Contractor’s employee resides in Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate

Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-

Owned Vehicles

$500,000 Combined Single Limit (for each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence Commercial Crime $50,000 Each Occurrence Professional Liability $1,000,000 Per Occurrence

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Including errors and omissions $2,000,000 Annual Aggregate

All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance contracts must:

(1) be written on a primary and non-contributory basis with any other insurance coverages Bidder currently has in place; and

(2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers’ compensation and professional liability must name the Texas Military Department as additional insured.

Contractor shall:

A. provide written documentation under this section to the Contract Administrator by email at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy.

B. ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

C. deliver all renewals policies at least ten calendar days prior of any expiration of a required policy to Contract Administrator by emails. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

D. ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include the Contractor’s obligations under the Contract.

E. obtain and maintain insurance policies that provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under the Contract.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of the Contract. These deliverables may be revised, or additional ones may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO RECEIVE

REPORT

Monthly Fifth business day

HUB Subcontracting Plan (HSP) Prime

Contractor Progress Assessment Report

IFB, Attachment G.5

Contract Administrator at procurement@military.texas.gov and HUB Coordinator at hub@military.texas.gov

Monthly Due Date Invoices IFB, Section B.3 Payables@military.texas.gov with a copy to Contract Monitor

Biannually Twice a Year Contract Status and Usage Reports IFB, Section C.11

Contract Administrator at procurement@military.texas.gov

As Requested, Fifth business day after TMD request

Contract Status and Usage Reports IFB, Section C.11

Contract Administrator at procurement@military.texas.gov mailto:hub@military.texas.gov mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.1.1 Purpose of Instructions

A. These instructions are designed to assure the submission of information essential to the understanding and the comprehensive evaluation of Bidder’s response.

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

E.1.2 RESPONSE PREPARATION INSTRUCTIONS

A. Responses must be paginated, contain a full table of contents, and have component sections clearly identified bookmarks. Each electronic file submitted must include Bidder’s company name and the title of the document; example: Company X; Bid Response

B. Responses must be received at the email listed below no later than the deadline established in the Schedule of Events (page 2).

Texas Military Department Email: procurement@military.texas.gov Attn: Reginald Hall Subject: Solicitation No. TMD25-FMO.CHE.MH-0040428

C. Bidder must demonstrate that bidder’s operations conform to applicable TMD, state, and federal policies and standards.

D. Bidder must submit only material directly pertinent to the requirements of this solicitation.

Extraneous narrative, elaborate brochures, uninformative public relations material, including Bidder’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E.2 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended all terms and conditions which are not modified remain unchanged.

B. Bidders must acknowledge receipt of all amendment(s) to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

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C. Bidder must submit the acknowledgement to TMD by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Bidder may subject its response to rejection.

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Responses will be time stamped at the office designated in the solicitation on or before the date and time specified in this solicitation.

B. Any response received at the email described after the specified date and time will not be considered.

C. Responses cannot be altered, amended or modified by email, fax or otherwise after closing date and time.

D. No responses can be withdrawn after closing date and time without approval by TMD. Should a Bidder, after closing time, request its response be withdrawn, the request must be made in writing.

E. TMD is not responsible for submissions delivered to TMD after the date and time stated on the first page of this solicitation. It is the Bidder’s responsibility to ensure that it submits, and that TMD receives, its complete response timely. TMD recommends that Bidder submit their complete response well in advance of the due date and time stated on the first page of this solicitation.

F. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one (1) general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm’s name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement evidencing that the response is signed by the member with authority to bind the joint venture.

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E.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 120 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 120-day period.

B. Such period may be extended beyond the 120 days upon mutual written agreement of both parties.

E.6 CONTRACT AWARD

A. TMD may award one (1) Contract resulting from this solicitation to the responsible Bidder, whose response, is lowest price meeting specifications.

B. A purchase order mailed or otherwise furnished to successful Bidder(s) within the time for acceptance specified in the response will result in a binding Contract without further action by either party.

E.7 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

3. waive minor informalities and minor irregularities in responses received.

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against the Bidder for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. TMD reserves the right to make any corrections or include additional requirements in the resulting Contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

D. TMD reserves the right to reject any one (1) response, all responses or portions of responses submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

F. All responses and any content provided by the Bidder are considered the property of TMD for use for the life of any resulting Contract as determined by TMD with respect to the scope of the project.

G. TMD is not liable for any costs or damages that may be incurred by Bidders or prospective contractors in the preparation, formulation, or presentation of a response.

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H. In case of ambiguity or lack of clarity, TMD may adopt such interpretations as may be advantageous to TMD.

I. TMD reserves the right to withdraw this solicitation at any time for any reason.

J. TMD reserves the right to award no Contract and to solicit additional responses at a later time.

K. TMD incurs no obligation regarding this solicitation unless and until a Contract is fully executed by the parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

L. TMD will not hold a public bid opening event.

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information

This section will contain the following completed contract sections (on original forms) with original signatures, where applicable:

A. Solicitation, Signature Page 1 (with all amendment(s) noted on this page or signed amendment(s) attached to this form).

B. The name and address of Bidder’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Bidder. For the purpose of responding to this solicitation, Bidder will not be required to purchase insurance but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Bidder’s response is selected.

C. Attachment G.2, Application for Taxpayer Identification Number AP-152.

D. Attachment G.3, Direct Deposit Authorization Form, completed if choosing direct deposit as a possible payment option.

E. Documentation from the appropriate state entity that indicates that Bidder is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts); and

F. Attachment G.5, HUB Subcontracting Plan.

E.8.2 Volume Two – Bidder Information Section

Each Bidder must include documentation in their proposal response clearly demonstrating that they meet the following minimum qualification requirements:

A. Adequate Inventory

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The Bidder must possess or have access to an adequate inventory of the specified vehicle types to fulfill the delivery requirements outlined in this solicitation. Evidence of current inventory levels or confirmed vehicle sourcing capabilities must be provided.

B. Experience in Vehicle Leasing Services

The Bidder must have a minimum of five (5) years of experience in providing vehicle leasing services. This experience must have occurred within the past ten (10) years. Bidders must include a summary of relevant contracts or clients, including contact information for references upon request.

Failure to meet or provide documentation supporting these minimum qualifications may result in disqualification of the proposal.

C. References: Bidder must identify and provide Verification of Experience, a minimum of three

(3) past or current projects of similar size and complexity performed within the past five (5) years. Bidder must provide, at a minimum, the contact’s name, email address, phone number, and title for each reference provided. Additionally, Bidder must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

D. Exceptions. No exceptions should be included in response. Bids received that take any exceptions to this solicitation will be disqualified and deemed non-responsive to the solicitation and TMD will remove the bid from further consideration.

E.8.3 Volume Three – Mandatory Price Schedule

Bidder must provide the mandatory pricing schedules in the exact format noted in…