ESBD_445161_1755019042168_1_Part A_304T-26-550A2.2 Traffic Control Devices.pdf

9.2-2024 Solicitation No. 304T-26-550A2.2

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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Traffic Control Devices

IFB No. 304T-26-550A2.2

NIGP CLASS-ITEMS

055-57 550-42

550-78 550-79

715-47

SCHEDULE OF EVENTS

ESBD Posting Date August 12, 2025

Questions Submission Deadline Date August 14, 2025

Response to Questions through Addendum Date, or as soon thereafter as practical August 18, 2025

RESPONSE DUE DATE August 28, 2025

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and

Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E - SELF INSURED RENTENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

ATTACHMENT F - AUTHORIZED WARRANTY SERVICE PROVIDER

ATTACHMENT G - ATTENUATOR, CRASH, TRUCK MOUNTED & TOWABLE, TEST

LEVEL III, if responding to Lines 1 through 8 (Group 1) and/or 9 through 11 (Group 2)

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or

Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.16 AND SECTION A.17 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 TEXAS SMARTBUY ONLINE ORDERING SYSTEM

A.4.2 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION

A.5.3 PRICE ADJUSTMENT REQUESTS

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 BUY AMERICA

A.7.2 REFERENCED BRAND EXAMPLE

A.7.3 SPECIFICATIONS

A.7.4 NON-APPROVED ITEM SAMPLE REQUIREMENTS – POST AWARD

A.7.5 SAMPLE TESTING – POST AWARD

A.7.6 CONDITION OF PRODUCTS

A.7.7 QUANTITIES

A.7.8 WARRANTY REQUIREMENTS – LINES 1 THROUGH 2 AND 9 THROUGH 10

A.7.9 WARRANTY/GUARANTEE – LINES 3 THROUGH 8 AND LINE 11 THROUGH 14

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 PACKAGING AND LABELING

A.8.3 SPECIAL DELIVERY REQUIREMENTS

A.8.4 HOURS OF DELIVERY

A.8.5 DELIVERY SCHEDULE

A.8.6 DELIVERY DELAYS

A.8.7 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 ONLINE ORDERING

A.10.3 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 HUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

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A.14.3 BEST VALUE

A.14.4 TIES

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

A.15.4 SUBSTITUTIONS

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D - INSURANCE STATEMENT OF INTENT

A.16.6 ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.16.7 ATTACHMENT F - AUTHORIZED WARRANTY SERVICE PROVIDER

A.16.8 ATTACHMENT G - ATTENUATOR, CRASH, TRUCK MOUNTED AND TOWABLE, LEVEL III

A.16.9 MANDATORY PRICE SHEET

A.16.10 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.11 DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

A.16.12 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA

The Texas Comptroller of Public Accounts, the state agency issuing this

Solicitation.

Customer

State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

CWZTCD

The Compliant Work Zone Traffic Control Devices (CWZTCD) List contains a list of products that have been evaluated and determined to be acceptable traffic control devices for use in work zones.

DMS Departmental Material Specifications

ESBD

The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

MASH

Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results.

MPL Material Producer List

Party or Parties Either CPA or Respondent, separately or collectively.

Respondent Any person or company that submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Solicitation

This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for traffic control devices.

A major customer for these items is the Texas Department of Transportation (TxDOT).

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on November 30, 2026.

1st Renewal Option: December 1, 2026, through November 1, 2027

2nd Renewal Option: December 1, 2027, up to one (1) additional year

CPA may unilaterally renew the Contract.

http://www.txsmartbuy.com/esbd

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A.4 PRICING

A.4.1 Texas SmartBuy Online Ordering System

CPA’s Texas SmartBuy online ordering system connects Customers with Contractors via an online store. Texas SmartBuy lets Customers search products, compare prices, and place orders.

The operation of the Texas SmartBuy system requires Statewide Procurement Division (SPD) to publish all pricing information online, including discounts and other variables. By submitting a

Response, Respondent agrees that the pricing and related information in the Response is not confidential or proprietary. Respondent consents to the publication of Respondent’s pricing and related information on Texas SmartBuy.

CPA will charge the Contractor a 1.5% Texas SmartBuy administrative fee. Respondent must consider this fee when developing pricing for its Response. The fee is calculated on the price of goods or services purchased under this Contract. By submitting pricing and discounts, Respondent certifies that it has factored in the Texas SmartBuy administrative fee. Invoices for the Texas

SmartBuy administrative fee are issued on the first day of the month following the delivery date of the good or service. Invoices are e-mailed to the address provided by the Contractor. Payment of the invoice is due 30 days from the invoice date and is not contingent on any Customer’s payment to the

Contractor. If the outstanding liability is not paid in a timely manner, the Contractor’s items may be removed from the TxSmartBuy system which will prevent the placement of orders. If non-payment reaches 90 days, the Contractor may be placed on warrant hold.

A.4.2 Pricing Structure – Firm Price with Escalation

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a

Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

Unit prices must include all Contract requirements. Shipping shall be FOB Destination; therefore, unit prices must include statewide delivery (all shipping, handling, and delivery fees and fuel surcharges).

A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that becomes available. Contractor shall notify CPA of price decreases or discount increases by email to:

spd.cmo@cpa.texas.gov

A.5.2 Price Adjustment Calculation

Prices may be adjusted annually at time of renewal or at the sole discretion of CPA throughout the term of the Contract upwardly or downwardly when correlated with the index specified below and published by the Bureau of Labor Statistics (BLS).

BLS website: http://data.bls.gov/cgi-bin/srgate mailto:spd.cmo@cpa.texas.gov http://data.bls.gov/cgi-bin/srgate

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Lines 1, 2, 9, and 10:

WPU14140603 - Truck Trailer and Chassis

Lines 3 and 11:

WPU331102 - Sales of technical, scientific, and professional books

Lines 4 through 8

PCU3363203363201 - Motor vehicle electrical and electronic equipment mfg-Vehicular lighting equipment

Lines 12 and 13:

WPU07290197 - All other reinforced and fiberglass plastic products

Line 14:

WPU072B - Rubber and plastic products-Consumer, institutional, and commercial products, n.e.c.

Note: Enter the index number in the Series ID box and click Next and “Retrieve Data.”

For a price adjustment request, after the initial contract term, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Awarded Price ÷ Original Index) x New Index, where:

(1) “Original Awarded Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Index” is the index value for the month and year that Responses to this Solicitation were submitted; and

(3) “New Index” is the index value for the month and year that the price increase request is submitted.

If the Respondent can demonstrate that the price index lags behind costs of performance or does not account for significant costs of performance, Respondent may request CPA to consider other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable. Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is

$30.00 of the total cost). CPA may reject cost documentation in its sole discretion.

A.5.3 Price Adjustment Requests

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the

Contract, price adjustments may be requested based upon the formula in Section A.5.2.

CPA may accept, reject, or negotiate price adjustments. The Contractor will receive written notification from Statewide Contract Management (SCM) documenting action taken, including effective dates, when appropriate.

If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the Contract price in effect when issued.

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Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov

A.5.4 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the

Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract (and any renewal periods)the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See

Section A.16.9. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

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Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Commercial General Liability

(Occurrence based)

Required types of coverage: Blanket, Broad

Form Property Damage, Premises and

Operations Hazards, Products and Completed

Operations Hazards, Independent Contractor’s, and Contractual Liability

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

Automobile Liability

All Owned, Hired and Non-Owned Vehicles

(Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

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

Workers’ Compensation

(Required if the Contractor has one or more employees)

Statutory Limits

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

Umbrella or Excess Liability

$1,000,000 of additional coverage (either

Umbrella or Excess Liability) for all liability policies required for this

Contract (excluding Workers’

Compensation insurance)

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

All required insurance policies must be issued from a company or companies with a Financial Strength

Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the

State of Texas and in a form satisfactory to CPA. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

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(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this

Contract or any purchase order.

Contractor shall submit current certificates of insurance to CPA within five business days of receiving a request from CPA. In its sole discretion, CPA may allow Contractor to satisfy insurance requirements with coverage of a third-party providing goods or services under the Contract, such as products liability coverage provided by a manufacturer, that will provide comparable protection to

CPA and Customers. However, the Contractor shall maintain at least $1,000,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section

A.11.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the

Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide any documentation requested by SPD. If the Respondent intends to use SIR, Respondent must complete and return Attachment E - Self Insured Retention Certification and Request for Approval.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) 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

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must 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 such Contractor’s obligations under the Contract.

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Buy America

For all steel, iron material, and for products offered and delivered, all manufacturing processes shall have occurred in the United States, including any processes that modifies the chemical content, physical shape or size, or final finishing of a product. Manufacturing begins with initial melting and mixing, and continues through fabrication (cutting, drilling, welding, bending, etc.) coating, paint, galvanizing, epoxy, etc. Unless otherwise stated, pricing should include any processing done during manufacturing.

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Additionally, products containing iron, steel, or metal shall comply with the Buy American requirements stated in the following:

(1) Title 23, Section 165, Surface Transportation Assistance Act of 1982

(2) Chapter 223, Subchapter A, Section 223.045 of Transportation Code

(3) Title 23, Section 635.410, Code of Federal Regulations

A.7.2 Referenced Brand Example

Catalogs, brand names, or manufacturer’s references are descriptive only and indicate type and quality desired. Responses on brands of like nature and quality will be considered. If proposing other than the referenced brand and model number, Response must include manufacturer, brand, or trade name, product number and provide complete descriptive information of product offered.

A.7.3 Specifications

Reference the Mandatory Price Sheet for line items.

All parts not specifically mentioned that are necessary for the equipment to be complete and ready for operation and are normally furnished as standard equipment must be furnished by the Contractor. The unit shall be completely assembled and adjusted, all equipment including standard and supplemental equipment shall be completely installed, and the unit shall be made ready for continuous operation upon delivery unless specifically stated otherwise in the solicitation.

For this solicitation, the following items will reference additional Attachments:

Lines 1 through 8 (Group 1) and Lines 9 through 11 (Group 2):

Attachment G - Attenuator, Crash, Truck Mounted, Test Level III

Line 12:

Attachment H - DMS-8300 Sign Face Material

Attachment I - MPL Sign Face Materials

General Note:

To be considered for award for lines 1 through 8, Respondent must provide a response for lines 1 through 8. Additionally, to be considered for lines 9 through 11, Respondent must provide a response for lines 9 through 11. Reference Part A, Section A.15.1.

Line 1: Group 1: Truck Mounted Attenuators (TMA)

Referenced Manufacturer/Model No. or Equal:

TrafFix Devices, Inc. Model C TL-3 TMA (scorpion II model) MASH

Verdegro BLADE TMA

1. Product must MASH rated

2. Product must be in accordance with Attachment G, Part II, Numbers 2 and 4 through 9

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Line 2: Group 1: Replacement Cartridges with Lighting for Line 1

Referenced Manufacturer/Model No. or Equal:

TrafFix Devices, Inc. Model C TL-3 TMA (scorpion II model) MASH

Verdego BLADE TMA

1. Must be compatible with Line 1, if bid.

2. Replacement cartridge with lighting per Attachment G, Part II, Numbers 2 and 4

Line 3: Group 1: Manuals for Line 1

TrafFix Devices, Inc. Model C TL-3 TMA (scorpion II model) MASH

Verdego BLADE TMA

Valtir SAFE-STOP 180®M

1. Manuals must be compatible with Line 1, if bid.

2. Per Attachment G, Part II, Part II, Numbers 6 through 9, the following manuals shall be provided:

a. Manual for original set of parts

b. Operator’s manuals

c. Service manual

Line 4: Group 1: Light Bar, LED, Arrow Board Upright

33” Razor Extreme LED Light Bar (33RZREXTR)

K-Force 36 TIR Full Sized LED Light Bar (F-TKF36)

1. Optional equipment for Line 1

2. Product must be in accordance with Attachment G, Part III, Number 1.1

Line 5: Group 1: Strobe Lights, LED, Mid-Point Deployment

ECCO ED3704-A/ECCO ED3704-B

Element 4 TIR LED Grille & Surface Mount Strobe Light

2. Product must be in accordance with Attachment G, Part III, Number 1.2

Line 6: Group 1: Strobe Light Stick, LED, Mid-Point Deployment

Solarblast 38” 32W LED Strobe Deck Light (SBLS84-AB)

Lynx L6-8 Linear Interior/Exterior LED Light Bar

2. Product must be in accordance with Attachment G, Part III, Number 1.3

Line 7: Group 1: Strobe Light Stick, LED, Rear TMA

Solarblast 47” LED Strobe Traffic Adviser (SBLS104-AM)

Tracer 47 TIR LED Full Sized Light Bar

2. Product must be in accordance with Attachment G, Part III, Number 1.4

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Line 8: Group 1: Light Bar, LED, Mini, Rear TMA

Referenced Manufacturer/Model No. or Equal:

13” Razor Extreme Mini LED Light Bar (13RZREXTR)

Mirage 12 TIR LED Mini Light Bar

2. Product must be in accordance with Attachment G, Part III, Number 1.5

Line 9: Group 2: Towable Attenuators (TA)

TrafFix Devices, Inc. Towable Attenuator (Scorpion II models)

1. Product must MASH rated

2. Product must be in accordance with REVISED Attachment G, Part II, Numbers 3 through 8

Line 10: Group 2: Replacement Cartridges with Lighting for Line 9

TrafFix Devices, Inc. Towable Attenuator (scorpion and scorpion II models)

1. Must be compatible with Line 12, if bid.

2. Replacement cartridge with lighting per REVISED Attachment G, Part II, Numbers 3 and 4

Line 11: Group 2: Manuals for Line 9

TrafFix Devices, Inc. Towable Attenuator (scorpion and scorpion II models)

1. Manuals must be compatible with Line 12, if bid.

2. Per Attachment G, Part II, Numbers 6 through 8, extra sets of the following shall be bid:

a. Manual for original set of parts

b. Operator’s manuals

c. Service manual

Line 12: Barricades, Traffic, Portable, PSST Stand

Three D Traffic Works, Inc TD2550

Three D Traffic Works, Inc TD2650

Cortina Safety Products Telespar Type III Barricade

Eastern Metal / USA Signs

Plasticade Products

Pexco, LLC T3B Type III Barricade

TrafFix Devices 56000 Series

1. Type III, Portable Traffic Barricade

2. Rail Sheet Color: Orange/White

3. Rail Sheet Direction: Left or Right, Double Faced

4. Rail Sheet Dimensions:

a. Length: 8 feet

b. Height: 8 inches

5. Rail Sheet Material: High-Density Polyethylene (HDPE) or Wood

6. Supports Material: Perforated Square Steel Tubing (PSST)

7. Support Dimensions:

a. Height: Minimum 60”, Maximum 70”

b. Diameter: 1-1/2 - 2 inches

8. Skid Material: Perforated Square Steel Tubing (PSST)

9. Skid Dimensions:

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a. Length: Max 60 inches

b. Diameter: 1-1/2 - 2 inches

10. Barricades and barricade components substitutions are prohibited and shall be in accordance with the following requirements:

a. Plastic components shall be UV stabilized. NOTE: 1.5 inch square, 12-gauge perforated steel tube support stiffener/lower cross-member may be needed on some barricade systems with plastic rails to provide structural support or as stipulated within manufacturer's guidelines.

b. Sheeting: Retro-reflective, orange/white (O/W) for Type III end and left (L) or right

(R) in accordance with Attachment H, and is identified on Attachment I.

c. The barricades must be MASH rated. MASH self-certified is acceptable.

11. Minimum Order Quantity of 10

Line 13: Water-Filled Barrier Style Longitudinal Channelizing Devices (LCD)

Valtir, LLC Yodock 2001

TrafFix Water-Wall

1. Water-filled barrier LCD

2. Test Level: TL 2 or TL 3 acceptable

3. Barriers shall connect via interlocking coupler or by connection pin made of plastic or steel

4. Dimensions:

a. Length: 6 feet

b. Width: 18 - 24 inches

c. Height: 32 - 46 inches

5. Empty Weight: 80 - 130 pounds

6. Filled Weight: 1,110 - 1,500 pounds

7. Barrier Capacity: 123 - 180 gallons

8. Barrier Material: Low density polyethylene (LDPE)

9. Barrier Color Options: Red/Orange or White

10. Drain hole and plug

11. Holes to allow maneuverability with forklift

12. LCDs must be MASH rated.

13. Minimum order Quantity of 10

Line 14: Rumble Strips, Sectional, Temporary, Portable

Plastic Safety Systems, Inc. Roadquake 2 Folding (RQ2F) Temporary Rumble Strip

1. Dimensions

a. Width: Minimum 12 ½ inches

b. Length: Full length should be 132 inches, with a minimum of 66 inches when sectioned

c. Height: Maximum ¾ inches

2. Weight: Minimum 105 pounds maximum 150 pounds

3. Acceptable Colors: Black, orange, or alternating black and silver

4. Material: Recycled rubber or metal

5. For posted speed limits up to 70 MPH or higher

6. Individual sections shall be linkable

7. Shall contain non-slip grip bottoms to reduce movement while in use

8. Warranty: Rumble strips must be warranted against defective materials, workmanship, and

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Attachment I and TxDOT’s Compliant Work Zone Traffic Control Devices (CWZTCD) provide a list of products and manufacturers, listed as references above for Lines 1 through 3 and 9 through 14, which have been previously approved by TxDOT. NOTE: not all references listed on the CWZTCD meet the specification requirements. Only those references meeting specification requirements are listed as references above. Respondents may propose products not listed on the pre-approved list(s);

however, such products must meet the qualification requirements, including any required tests, and be approved by TxDOT. If approved, TxDOT will add the products to the respective list(s). Reference

Section A.7.4 for qualifications and approval process.

TxDOT’s Product Evaluation Program as well as the CWZTCD can be found at the following link:

https://www.txdot.gov/content/txdotreimagine/us/en/home/business/resources/new-product-evaluation-program.html

A.7.4 Non-Approved Item Sample Requirements – Post Award

The Contractor will be required to submit all qualification documents and any required samples for

TxDOT to verify the product's compliance with the specifications of the Solicitation, when an award item is not listed on TxDOT’s CWZTCD and/or MPL. TxDOT will coordinate with CPA and provide

Contractor a written request for qualification documents and sample submission. The request will determine: (a) size of the sample, if applicable; (b) required documentation and certification; and (c) deadline for the documents and sample submission. The cost of providing the sample will be the responsibility of the Contractor.

TxDOT will verify documentation submitted and test the sample to verify compliance with the specification parameters listed in A.7.3 above. If the sample meets the test parameters and specifications and a contract is awarded (reference section A.15.1 Awards Approach), TxDOT will provide written authorization to CPA and the Contractor prior to Customer’s purchase order. If the sample does not meet the specifications, CPA will (a) cancel the Contract for such award and proceed with testing the next Respondent providing the best value for the state (reference section A.15.1

Awards Approach); or (b) re-solicit the item. Samples will not be returned to the Contractor.

A.7.5 Sample Testing – Post Award

The Customer may perform sample testing. This sample may be pulled from each shipment or lot. The sample must conform to the item specification of this Solicitation. If a sample does not conform to the specifications, Customer may reject the shipment or lot and return or dispose of it at the Contractor’s expense. Reference Section A.8.9 – Compliant Products.

A.7.6 Condition of Products

Proposed and delivered products must be new, unused, the 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.

https://www.txdot.gov/content/txdotreimagine/us/en/home/business/resources/new-product-evaluation-program.html https://www.txdot.gov/content/txdotreimagine/us/en/home/business/resources/new-product-evaluation-program.html

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A.7.7 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed. Quantities indicated for each item in the

Mandatory Price Sheet are estimates only and are based upon previous usage for a four-year period, if available, along with other data. These estimates should not be construed as a minimum or a maximum quantity that Customers may order.

A.7.8 Warranty Requirements – Lines 1 through 2 and 9 through 10

(1) Warranty

The warranty will cover the completed product and all parts of the product, together with the cost of all labor, materials, and parts required to repair any faults or defects of design, material, or workmanship of the product.

At a minimum, the warranty period will begin on the date the product is accepted by the

Customer and continue in effect for (i) one (1) year from that date, or (ii) the duration of the manufacturer’s standard warranty, whichever is longer. If no time or specific protocol for acceptance is specified elsewhere in the Contract or the Customer purchase order, products are presumed accepted ten working days after receipt by the Customer. The warranty will apply to any warranty service or repair properly requested by Customer during the warranty period, regardless of the amount of time required to complete the service or repair. Contractor’s warranty obligations will survive the termination of this Contract.

Contractor shall provide warranty service, including parts, repairs, shipping, and installation, free of charge and within a reasonable time. Contractor shall repair any materials and parts that are defective. If repair is not possible, Contractor shall either replace the products with new products or refund the full purchase price, whichever the Customer prefers.

(2) Warranty Service

Respondents are required to complete and return with Response, Attachment F – Authorized

Warranty Service Provider contact information.

After the Customer contacts the Contractor’s authorized warranty service provider, the service representative shall take any necessary action to correct problems covered by the warranty.

A.7.9 Warranty/Guarantee – Lines 3 through 8 and Line 11 through 14

(1) Warranty/Guarantee

The warranty period will begin on the date of the Customer’s acceptance of each product.

Contractor warrants against defects in workmanship and material for a period of (i) 90 days or

(ii) the duration of the manufacturer’s standard warranty, whichever is longer. If no time or specific protocol for acceptance is specified elsewhere in the Contract or the Customer purchase order, items are presumed accepted ten working days after receipt by the Customer.

The warranty will apply to any warranty service or repair requested by Customer during the warranty period by contacting the Contractor or Contractor’s designee with such request, regardless of the amount of time required to complete the service or repair. Contractor’s warranty obligations will survive the termination of this Contract.

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(2) Replacement

a. Contractor shall replace defective products during the initial Contract term and any exercised renewals.

b. The replacements must be processed and received by the Customer within two weeks of written notice of the defects to the Contractor.

c. Contractor will provide replacements free of charge, including any shipping necessary to return the product when necessary.

d. In lieu of replacement, Contractor will refund the full purchase price of the product, upon customer request.

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

A.8.2 Packaging and Labeling

All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

A.8.3 Special Delivery Requirements

Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

A.8.4 Hours of Delivery

Contractors must deliver during the hours of 8:00 am to 4:00 pm, based on the Customer’s time zone, Monday through Friday. Contractors are encouraged to obtain Customer’s delivery hours of operation at the time of order.

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside

Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.5 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Failure to state delivery time may disqualify the Response.

NOTE: See Section A.4 Pricing regarding FOB shipping.

See Section A.14.3 to see how the Respondent’s delivery schedule impacts evaluation of the Response.

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A.8.6 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.8.7 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s address specified on the purchase order, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If

Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or

Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

Only purchase orders issued through the approved CPA purchasing system, Texas SmartBuy, are eligible for Contract pricing.

A Purchase Order Change Notice (POCN) is required to be processed to make any changes to the original Texas SmartBuy purchase order and must be issued through the Texas SmartBuy online system.

Purchase orders dated during the term of the Contract must be honored, even if received by the

Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.10.2 Online Ordering

CPA’s Texas SmartBuy online ordering system permits Customers to order from the Contract. Texas

SmartBuy will email purchase orders to the Contractor and Customer. Contractor shall acknowledge receipt of each purchase order to the Customer’s email address listed on the purchase order.

Respondents must provide one email address for the receipt of purchase orders on Attachment B, Respondent Information. Multiple email addresses are not allowed; therefore, Respondents are encouraged to provide an email address which can be accessed by multiple staff.

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More information about Texas SmartBuy is available at: http://www.txsmartbuy.gov/ and Help Guides can be accessed at: https://www.txsmartbuy.gov/systemguides.

Online ordering enables CPA to identify and track the commodities/services purchased. Currently, CPA uses the National Institute of Governmental Purchasing, Inc. (NIGP) Commodity/Services

Codes.

Contractor may be required to provide an electronic image of the awarded products in a format specified by CPA that can be uploaded to Texas SmartBuy.

A.10.3 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and

Customer purchase order number.

A.10.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the

ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its

Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.11.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.11.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

http://www.txsmartbuy.gov/ https://www.txsmartbuy.gov/systemguides

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Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If

Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.11.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this

Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.16 and A.17.

Primary Point of Contact - CPA Contract Specialist

Guillermo Navarro, CTCD, CTCM

512-936-5669

Email: Guillermo.Navarro@cpa.texas.gov

Secondary Point of Contact

Statewide Contract Development (SCD)

Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide

Contract Management at spd.cmo@cpa.texas.gov.

mailto:Guillermo.Navarro@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov

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A.11.5 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information

Attachment C - Preferences

Attachment D - Insurance Statement of Intent

Attachment E - Self Insured Retention (only if using SIR)

4. Attachment F - Authorized Warranty Service Provider

5. Attachment G - Attenuator, Crash, Truck Mounted, Towable, Level III

6. Attachment H - DMS - 8300 Sign Face Material

7. Attachment I - MPL Sign Face Material

8. Mandatory Price Sheet in both .xml and .xlsx format (.xml is preferred)

A.12 HUB SUBCONTRACTING PLAN

CPA has reviewed this solicitation and determined there are no probable subcontracting opportunities.

Therefore, a HUB Subcontracting Plan (HSP) is not required for this solicitation unless a Respondent will use subcontractors. If a Respondent will subcontract any portion of this Contract, the Respondent must submit a completed HSP located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php, with its Response.

A.13 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested

Parties at https://ethics.state.tx.us/filinginfo/1295/ (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for

Respondent’s failure to comply with this requirement.

A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any

Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A), failure to submit the Mandatory Price Sheet, or failure to return a required HUB subcontracting plan, will result in disqualification.

https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcomptroller.texas.gov%2Fpurchasing%2Fvendor%2Fhub%2Fforms.php&data=02%7C01%7C%7C23cca4c0388b4d3dc43108d62fb470c8%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C636748849367763372&sdata=1W%2BS%2BvP6a01dQHgFV9YBwPv87%2B%2B%2Bs3AyHsIOuKiV618%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0

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A.14.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the

Contract. The Respondent bears the burden of establishing:

(1) ability, capacity, and skill to perform the contract or provide the service required;

(2) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

(3) character, responsibility, and integrity;

(4) current compliance with laws relating to the contract or service;

(5) sufficient financial resources to perform the contract and provide the service; and

(6) conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

(1) A score of less than a C in the Vendor Performance Tracking System;

(2) Currently under a corrective action plan for a CPA contract;

(3) Repeated negative Vendor Performance Reports for the same stated reason;

(4) A record of repeated non-responsiveness to vendor performance issues; and

(5) Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.gov/vpts

Vendor Performance may also be used to determine a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

A.14.3 Best Value

CPA will determine best value for the state as directed by Texas Government Code § 2155.074. CPA will consider compliance with specifications, purchase price, and risk of vendor non-performance as described in A.14.2 above. Delivery ARO may be reviewed as a best value factor.