ESBD_465686_1761659167044_1 IFB TxDMV Digital Billboards.pdf

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

Invitation for Bids for

TxDMV Digital Billboard Advertising Campaign Services

IFB No. 608-26-95104

NIGP Class/Item Codes: 915-04

Schedule of Events Solicitation Posting Date October 28, 2025 Deadline for Submitting Questions or Clarifications November 03, 2025 at 3:00 p.m. Central

Time Tentative Date for Responses to Questions or Clarifications through Solicitation Addendum

November 07, 2025

Deadline for Submission of Solicitation Responses November 12, 2025 at 3:00 p.m. Central Time

Summary of Solicitation Documents This Invitation for Bids;

Exhibit A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance;

Exhibit B, TxDMV Contract Uniform Terms and Conditions with Affirmations;

Exhibit C, Statement of Services to be Provided;

Exhibit D, Pricing Schedule;

Exhibit E, Respondent’s Disclosure of Interested Parties Form;

Exhibit F, General Insurance Requirements;

Exhibit G, Information Resources Security Compliance & Confidentiality Agreement;

Exhibit H, HUB Subcontracting Plan Instructions;

Exhibit I, HUB Subcontracting Plan Form;

Exhibit J, Work Order Template;

Exhibit K, TxDMV Draft Contract Signature Document;

Exhibit L, Assumptions Form; and Exhibit M, Exceptions Form.

NOTE: UNSIGNED RESPONSES WILL BE DISQUALIFIED

mailto:nhi.ge@txdmv.gov

Table of Contents Table of Contents

A.1 Key Definitions and Legal Authority

A.2 Objective & Background

A.3 General Information & Requirements

A.3.1 Sole Point of Contact and Communications

A.3.2 Exception to Sole Point of Contact A.3.3 Response Binding

A.3.4 Award and Cancellation

A.3.5 Withdrawal of Response

A.3.6 Travel, Mileage Rates, and Other Incidental Expenses

A.4 Draft Contract Signature Document and Contract Term A.4.1 Draft Contract Signature Document

A.4.2 Contract Term

A.4.3 Work Orders

A.5 Pricing Structure

A.5.1 Price Increase

A.5.2 Price Decrease or Discount A.6 Deliverables Requirements & Specifications

A.6.1 Deliverables Information

A.6.2 Contractor Requirements and Performance

A.6.3 Scope of Work and Specifications

A.6.4 Condition of Products

A.6.5 No Guarantee of Value, Usage, or Compensation A.6.6 Acceptance Criteria

A.6.7 Delivery Delays and Deliverable Compliance

A.6.8 Future Contract Development

A.6.9 Period of Performance

A.7 Evaluation & Scoring

A.7.1 Initial Compliance Screening A.7.2 Minimum Qualifications

A.7.3 Respondent’s Past Performance

A.7.4 Negotiations

A.7.5 Best Value

A.7.6 Award Approach A.7.7 Ties

A.8 Submission Instructions & Requirements

A.8.1 Electronic Mail Submission of Response

A.8.2 Hand Delivery or Mail Delivery of Response (Optional)

A.8.3 Applicable Statutes, Rules, and Regulations

A.8.4 Award of Contract

A.8.5 Bidder’s Response

A.8.6 RESPONDENT’S WAIVER – INTELLECTUAL PROPERTY

A.8.7 Cash Discounts

A.8.8 Disclosure of Potential Conflicts of Interest and Disclosure of Interested Parties – Mandatory

A.8.9 Escalation Protocol – Mandatory

A.8.10 Exceptions and Assumptions

A.8.11 HUB Subcontracting Plan (HSP) – Mandatory

A.8.12 Price Sheet – Mandatory A.8.13 Protests

A.8.14 Taxes

A.8.15 Texas Identification Number System (TINS) – Mandatory

A.8.16 TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance - Mandatory

A.8.17 Solicitation Addenda - Mandatory

A.1 Key Definitions and Legal Authority

A.1.1 Key Definitions

In this Solicitation, any Solicitation Response submitted, and any Contract that may result from this Solicitation, the following terms and acronyms have the definitions set forth below, unless the context clearly indicates otherwise. For additional terms and definitions that may be used within this Solicitation, please refer to Exhibit B, TxDMV Contract Uniform Terms and Conditions with Affirmations. All other terms herein have their ordinary and common meanings.

TERM DEFINITION

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

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

Business Day Any day (24-hour period) in which normal business operations of TxDMV are conducted (e.g., excludes weekends and the national holidays specified in Section 662.003(a) of the Texas Government Code).

Calendar Day Each day shown on the calendar, beginning at 12:00 Midnight and ending at 11:59 p.m. the following day, including Saturdays, Sundays, and national and State holidays listed in Texas Government Code § 662.003.

Centralized Master Bidders List

(“CMBL”)

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

https://comptroller.texas.gov/purchasing/vendor/cmbl.

Contract The legally enforceable written agreement between TxDMV and Contractor, which includes the Signature Document (if applicable); the Purchase Order; the TxDMV Contract Uniform Terms and Conditions with Affirmations;

Attachments; Amendments; Exhibits; Purchase Order Change Notices; Work Orders; and Technical Guidance Letters that may be issued by TxDMV, and incorporated into and made part of the Contract for all purposes. TxDMV, in its sole and absolute discretion, may issue a Signature Document and/or Purchase Order. See, ‘Purchase Order’ definition below.

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

Contractor Billboard(s)

The billboards provided by Contractor under the Contract to which Contractor will post TxDMV Advertisement(s) upon request by TxDMV through Work Orders. The billboard(s) provided by Contractor must be digital (electronic) billboards for display of digital images of TxDMV Advertisement(s). The billboard(s) must be: i) controlled by a computer; and ii) located in a highly visible and heavy motor vehicle traffic zone. All Billboards provided under the Contract must have display dimensions that are a minimum of ten feet by thirty feet. May also be referred to in this Solicitation as “Billboard(s)”.

Contractor Billboard(s)

The alpha/numeric identifier assigned to a Contractor Billboard. May also be referred to in this Solicitation as “Billboard Identifier”.

https://comptroller.texas.gov/purchasing/vendor/cmbl

Identifier

Contractor Billboard(s) Site

The exact address of a Contractor Billboard (within a Contractor Location). May also be referred to in this Solicitation as “Billboard Site”.

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

Effective Date The date upon which the Contract resulting from this Solicitation takes effect, as agreed to by the Parties.

Electronic State Business Daily

(“ESBD”)

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

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

Exhibit(s) The document(s), schedule, specification, or any other material labeled as an “Exhibit” and attached hereto and incorporated by reference and made a part of this Solicitation. Any such Exhibit may, at the sole discretion of TxDMV, be included by reference and made part of any Contract that may result from this Solicitation, with the same force and effect as if physically attached to and expressly stated within the Contract. References to an Exhibit is this Solicitation or any resulting Contract will be deemed to include all terms, conditions, and requirements set forth in such Exhibit. Also known in its plural form as “Exhibits.”

Historically Underutilized Business (“HUB”)

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

HUB Subcontracting Plan (“HSP”)

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

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

Response A Bidder’s bid, proposal, or all information and materials submitted to

TxDMV in response to this Solicitation. May also be referred to as “Bid,” “Proposal,” or “Solicitation Response.”

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

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

Texas Identification Number System

(“TINS”)

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

http://www.txsmartbuy.com/esbd

TxDMV The Texas Department of Motor Vehicles, an administrative agency within the executive branch of the State, established under Chapter 1001 of the Texas Transportation Code. May also be referred to as “Department” or “Agency.”

TxDMV Headquarters

(“HQ”)

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

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

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

txsmartbuy.com/vpts.

Work Order An individually negotiated document that is executed by both Parties, and which authorizes a project under the Contract, if any, in an indefinite quantity Contract.

A.1.2 Legal Authority

TxDMV issues this Solicitation in accordance with Chapter 2155 of the Texas Government Code and Chapter 1001 of the Texas Transportation Code.

A.2 Objective & Background

A.2.1 Objective

The Texas Department of Motor Vehicles (“TxDMV”) is seeking competitive bids for digital billboard services across the state of Texas for TxDMV’s billboard advertising campaign to promote both catalytic converter theft prevention (Senate Bill 224, 88th Legislature, Regular Session) and auto theft prevention.

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

TxDMV will not pay any costs, expenses, or other amounts incurred by any entity before the Effective Date of any Contract resulting from this Solicitation. TxDMV reserves the right, in its sole discretion, to reject any or all Responses to this Solicitation. All Responses become the property of TxDMV after submission; will not be returned to Respondent; and will become part of TxDMV’s official procurement file. TxDMV reserves the right to retain and use any and all information or materials presented in response to this Solicitation. No obligation is made by TxDMV’s retention or use of any Response.

The Purchasing Section of the Finance and Operations Division (“Purchasing Section”) will administer the procurement process for this Solicitation, which includes Solicitation announcements and publications, vendor communications, receipt of Responses, screening of timely received Responses, and facilitating the evaluation of qualified Responses. The Purchasing Section, in coordination with the TxDMV Office of General Counsel and the division for whom this Solicitation is being posted, manages the negotiation and https://www.txsmartbuy.com/vpts https://www.txsmartbuy.com/vpts execution of the Contract award, through the issuance of Contract documents, that may result from this Solicitation.

A.2.2 Background

TxDMV is a dynamic state of Texas (“State”) agency dedicated to responsive customer service, effective consumer protection, and ensuring the success of motor vehicle-related industries across the State. The department’s mission is “to serve, protect and advance the citizens and industries in the state with quality motor vehicle related services.” This mission is underpinned by a commitment to responsible stewardship of State resources, operational excellence, maintaining accountability, and a focus on customer-centered service. The department’s governing board – composed of nine members appointed by the Governor – oversees policymaking to ensure TxDMV’s activities align with its statutory directives.

Department staff administer key motor vehicle regulatory services for the State, including: vehicle registration and titling; vehicle dealer, manufacturer, and distributor licensing; issuance of oversize and overweight permits; oversight of household goods movers; and awarding grants to local law enforcement to reduce vehicle-related crimes. Enforcement and compliance programs investigate consumer protection complaints related to motor vehicle sales, licensing, and advertising and review claims related to the Texas Lemon Law. Through extensive regulatory and oversight functions, TxDMV plays a vital role in supporting various aspects of Texas’ robust motor vehicle industry, ensuring both consumer protection and efficient service delivery.

For more information about TxDMV operations, please visit https://www.txdmv.gov/.

A.3 General Information & Requirements

A.3.1 Sole Point of Contact and Communications

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

Nhi Ge, CTCD, CTCM Email: nhi.ge@txdmv.gov

Vendor communications relating to this Solicitation must be directed in writing only, via email, to the TxDMV Sole Point of Contact identified above or an authorized secondary TxDMV Sole Point of Contact.

All communications regarding this Solicitation must clearly identify which section, subsection, and paragraph of the Solicitation or Exhibit is being referenced. All other communications between a Vendor, its employees, officials, agents, and subcontractors, and any other TxDMV personnel concerning this Solicitation are strictly prohibited. In no instance is a Vendor to discuss cost information regarding this Solicitation and contained in a Response with the TxDMV Sole Point of Contact or any other TxDMV personnel. Failure to comply with these requirements may result in disqualification of the Response.

All communications concerning this Solicitation must be submitted on or before the “Deadline for Submitting Questions or Clarifications” as noted in the Schedule of Events found on the first page of this Solicitation. Verbal inquiries related to this Solicitation are not acceptable and will receive no response, nor will Vendor communications received after the deadline referenced in the proceeding sentence be answered. Vendor communications pertaining to this Solicitation must include the Solicitation number, title, and the Deadline for Submission of Solicitation Responses date identified in the Schedule of Events found on the first page of this Solicitation (the “Response Deadline”) in the email subject line.

https://www.txdmv.gov/

TxDMV’s responses to questions or clarifications concerning this Solicitation, if any, will be answered by an addendum posted on the Electronic State Business Daily (“ESBD”) by the Tentative Date for Responses to Questions or Clarifications or as soon as practical.

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

A.3.2 Exception to Sole Point of Contact

The communications restriction set forth in Subsection A.3.1 (as to only communicating in writing with the TxDMV Sole Point of Contact) does not preclude discussions between a Vendor and TxDMV personnel for the purpose of conducting business unrelated to this Solicitation.

Additionally, if applicable to the Solicitation, another exception to Vendor communications exclusively with the TxDMV Sole Point of Contact, is Vendor communications with TxDMV Historically Underutilized Business (“HUB”) staff, or, if expressly directed by the TxDMV Sole Point of Contact, another designated TxDMV representative. Should Respondents have questions regarding proper completion of the HUB Subcontracting Plan (“HSP”), TxDMV HUB staff may be contacted at hub@txdmv.gov. The TxDMV Sole Point of Contact identified in Subsection A.3.1, must be copied on any email.

A.3.3 Response Binding

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

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

A.3.4 Award and Cancellation

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

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

A.3.5 Withdrawal of Response mailto:HUB@TxDMV.gov

Responses may be withdrawn from consideration or amended at any time prior to the Bid Deadline by submitting a written request by e-mail to the Sole Point of Contact.

The e-mail subject line for withdrawal should contain the Solicitation (IFB) number as indicated on the cover page of this Solicitation. The Bidder is solely responsible for ensuring the email is received by TxDMV before the Response Deadline. TxDMV is not responsible for lost or misdirected e-mails.

A.3.6 Travel, Mileage Rates, and Other Incidental Expenses

TxDMV will not pay any per diem, travel, mileage rates, trip charges, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to the Deliverables under any Contract that may result from this Solicitation. Therefore, Respondents must account for all travel, mileage, lodging, and other expenses in their pricing for the Deliverables, as may be applicable. Shipping, if any, will be FOB destination; therefore, unit prices must include delivery to TxDMV.

A.4 Draft Contract Signature Document and Contract Term

A.4.1 Draft Contract Signature Document

Exhibit K, Draft Contract Signature Document, will be used to assemble the Contract resulting from this Solicitation.

A.4.2 Contract Term

The initial term of any Contract resulting from this Solicitation is anticipated to be from the Contract Effective Date through August 31, 2026, unless extended, renewed, or terminated sooner in accordance with the terms and conditions of the Contract. TxDMV, at its sole discretion, may extend or renew any Contract awarded pursuant to this Solicitation for any period(s) of time, provided the Contract term, including all extensions or renewals, does not exceed five years.

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

The Respondent, in submitting a Response to this Solicitation, acknowledges and understands that TxDMV is not responsible for payment under any Contract resulting from this Solicitation before the Effective Date of the Contract. No pre-Contract spending by a Contractor is allowed.

A.4.3 Work Orders

If applicable, Work Orders issued during the term of any Contract resulting from this Solicitation may survive the termination or expiration of the Contract and may be extended for the purpose of completing any authorized Work.

A.5 Pricing Structure

Respondent’s proposed pricing may only be submitted using Exhibit D, Pricing Schedule, and must be based on the description and the unit of measure(s) provided for each line item therein. All prices offered as part of a Respondent’s Response must be firm, fixed prices, throughout the entire term of the Contract, including all Contract renewals exercised. Contract pricing may only change in accordance with this Section.

Any Contract price adjustment agreed to by the Parties under the Contract will be effective only upon execution of a Contract Amendment or Purchase Order Change Notice, as applicable.

A.5.1 Price Increase

After the initial term of any Contract that may result from this Solicitation, the Parties may negotiate and agree on a price increase (or reduction) prior to a Contract renewal option or extension exercised. Whether any price increase is permitted is at the sole discretion of TxDMV. Any Contract pricing that may result from this Solicitation, up to the effective date of any Contract Amendment or Purchase Order Change Notice (as applicable) documenting any price increase adjustment, must be honored by Contractor at the price reflected in the Contract.

TxDMV, in its sole and absolute discretion, may accept, reject, or negotiate price increases after receipt of a complete and properly submitted written price increase request that includes documentation in support of any price increase.

All price increase requests must be correlated with the index as specified below and as published by the Bureau of Labor Statistics (BLS), Region VI, Washington, DC 20212.

• BLS Website: data.bls.gov/cgi-bin/srgate

• CPI-W Urban Wage Earners and Clerical Workers - Series ID: CWURROOOOAAO:

data.bls.gov/timeseries/CWUROOOOAAO

• CPI-U All Urban Consumers - Series ID: CUUROOOOAAO:

data.bls.gov/timeseries/CUUROOOOAAO

When using the most recent monthly information from the index, the following applies:

A = Index from the month of the Deadline for Submission of Solicitation Responses, or

The effective date/month of the last approved price increase or Contract renewal option exercised, whichever is later.

B = Current or latest baseline index.

The allowable percent change must be calculated as follows:

B-A +A x 100% = Percent of allowable price increase or decrease

Failure by the Contractor to calculate this formula and provide any supporting documentation for the price increase request will not be considered a properly submitted price increase request and will result in rejection of the price increase request by TxDMV.

Price increase (and cancellation) requests under this Subsection must be sent by email to the TxDMV Contract Representative designated in the Contract with a copy to nhi.ge@txdmv.gov and purchasing@txdmv.gov along with the following in the subject line: “IFB No. 608-26-95104 – Price Increase Request.”

A.5.2 Price Decrease or Discount

Contractor will immediately implement any price decrease or discount applicable to the Deliverables that may become available during the term of any Contract that may result from this Solicitation.

Price decreases or discount notifications under this Subsection must be sent by email to the designated TxDMV Contract Representative with a copy to nhi.ge@txdmv.gov and purchasing@txdmv.gov along with the following in the subject line: “IFB No. 608-26-95104 – Price Decrease or Discount Notice.”

A.6 Deliverables Requirements & Specifications

A.6.1 Deliverables Information

The information for the Deliverables that will be provided through any Contract that may result from this Solicitation is delineated in Exhibit C, Statement of Services to be Provided.

A.6.2 Contractor Requirements and Performance

Contractor will furnish all labor, materials, tools, equipment, supervision, and applicable licenses, permits, and certifications necessary for providing the Deliverables under the Contract in accordance with Exhibit C, Statement of Services to be Provided.

TxDMV will actively monitor the Contractor’s performance of all duties, obligations, and requirements under the Contract and will submit a report on the Contractor’s performance under the Contract to the Vendor Performance Tracking System (VPTS) in accordance Tex. Gov’t Code § 2155.089 and Title 34 Tex. Admin Code pt. 1, ch. 20, subch. F, div. 2, § 20.509. The Contractor, its employees, and/or Subcontractor(s) must fully cooperate with all performance monitoring activities initiated by or on behalf of TxDMV. All Deliverables under the Contract must be provided at the quality level and in a manner consistent with industry standards, customs, and practice.

A.6.3 Scope of Work and Specifications

Reference Exhibit C, Statement of Services to be Provided and Exhibit D, Pricing Schedule.

A.6.4 Condition of Products

If applicable to the Deliverables under this Solicitation, proposed and delivered Deliverables must be new, unused, latest model in current production, and in industry standard condition, including containers suitable for shipment and storage, unless otherwise specified in the Solicitation. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable.

A.6.5 No Guarantee of Value, Usage, or Compensation

TxDMV does not guarantee a specific volume, usage, or total compensation to be paid to the Contractor throughout the term of any Contract that may result from this Solicitation. Any Contract that may result from mailto:purchasing@txdmv.gov mailto:nhi.ge@txdmv.gov mailto:Purchasing@TxDMV.gov https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.089 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.089 https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=34&pt=1&ch=20&rl=509 https://texreg.sos.state.tx.us/public/readtac%24ext.TacPage?sl=R&app=9&p_dir&p_rloc&p_tloc&p_ploc&pg=1&p_tac&ti=34&pt=1&ch=20&rl=509 this Solicitation is subject to legislative appropriations and the continuing availability of funds.

A.6.6 Acceptance Criteria

All Deliverables must be submitted in a format approved by the TxDMV Contract Representative. A Deliverable will be considered complete and delivered only when TxDMV, at its sole discretion, has determined that the Deliverable complies with Contract requirements and TxDMV accepts the Deliverable, in writing. For all Deliverables, the measure for acceptance by TxDMV is one hundred percent (100%) compliance with Contract requirements. TxDMV may choose to waive imperfections in any Deliverable at its sole discretion. Contractor may submit an invoice only after receiving final written acceptance for the invoiced Deliverable from the TxDMV Contract Representative.

A.6.7 Delivery Delays and Deliverable Compliance

If an interruption in service or delivery is foreseen, Contractor must give prompt verbal and written notice to the designated TxDMV Contract Representative in the Contract with a copy to purchasing@txdmv.gov and continuously update TxDMV of the status. Time is of the essence in performance of any Contract that may result from this Solicitation. Any Contractor provision of noncompliant Deliverables does not constitute delivery. Delivery does not occur until the Contractor delivers the Deliverables in full compliance with any Contract that may result from this Solicitation. Late deliveries or delivery of non-compliant Deliverables may trigger Contract remedies available to TxDMV.

A.6.8 Future Contract Development

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

A.6.9 Period of Performance

The period of performance in which Contractor must perform and complete the work associated with this Solicitation begins upon the Contract Effective Date and ends upon Contract expiration or termination.

A.7 Evaluation & Scoring

A.7.1 Initial Compliance Screening

The TxDMV Sole Point of Contact identified in Subsection A.3.1 will perform an initial compliance screening of all Responses received prior to the Response Deadline. The initial screening will check for compliance with various content requirements and minimum qualification requirements defined in this Solicitation. Any Response that is unsigned and/or does not include all required documents will be disqualified. Notwithstanding proceeding sentence, TxDMV reserves the right to waive minor technicalities and/or immaterial requirements in a Response and award a Contract that may result from this Solicitation that is in the best interest of the State.

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

A.7.2 Minimum Qualifications

Respondent’s Response must meet the minimum qualifications listed below:

1. Respondent must have actively been engaged in, or the principals/owners must have had recent ownership/executive management experience in a previous company, providing digital billboard services, comparable to the Services and Deliverables described in this Solicitation for a minimum of two years within the last five years. Recent start-up businesses or entities without the requisite experience will not meet the minimum experience requirements of this Solicitation;

2. Respondent must have no conflicts of interest that would impair its ability to provide the Deliverables. This includes ensuring that neither Respondent nor its employees, Subcontractors, or agents, have competing obligations or relationships that could compromise service delivery;

3. Respondent’s personnel assigned to provide the Deliverables under this Contract must be at least 18 years of age and have a minimum of one (1) year of relevant experience in providing the Deliverables similar to those requested in this Solicitation;

4. Contractor and its personnel assigned to provide Deliverables under the Contract must possess any required licenses, certifications, and training necessary to deliver the Deliverables in compliance with all applicable laws and regulations of the State of Texas and United States, and local ordinances;

5. Respondent must be authorized to do business in the State of Texas;

6. Respondent must submit the Solicitation Response in accordance with all requirements in this

Solicitation; and

7. A Respondent who receives an overall score on the VPTS of less than a “C” may be disqualified from consideration for award.

A.7.3 Respondent’s Past Performance

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

TxDMV will consider a Respondent’s past performance in compliance with applicable provisions of Sections 2155.074, 2155.075, or 2156.007 of the Texas Government Code. The following examples indicate poor contractor past performance:

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

• Vendor is currently under a corrective action plan for a TxDMV contract.

• Repeated negative contractor performance reports for the same stated reason.

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

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

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

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

A.7.4 Negotiations

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

A.7.5 Best Value

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

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

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

3. Delivery time after Work Order execution.

4. Indicators of probable performance under the Contract, to include Bidder’s past performance;

financial resources; ability, capacity, and skill to perform the Contract or provide the Deliverables;

experience or demonstrated capability and responsibility; references; and the Bidder’s ability to provide reliable support.

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

In determining best value, TxDMV will consider all line items within Exhibit D, Pricing Schedule, when evaluating the Bidder’s Response.

A.7.6 Award Approach

TxDMV intends to award multiple Contracts as a result of this Solicitation based on the best value for the State using the applicable best value factors as set forth in Subsection A.7.5. TxDMV reserves the right to award all or part of any Contract that may result from this Solicitation to multiple Bidders. Any award(s) made will adhere to the procedures, best value factors, and guidelines specified in this Solicitation and in applicable law.

A.7.7 Ties

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

A.8 Submission Instructions & Requirements

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

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

Responses submitted by any other method not specified in this Solicitation will not be accepted or considered.

A.8.1 Electronic Mail Submission of Response

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

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

“IFB No. 608-26-95104, Billboard Campaign for TxDMV, <Bidder’s Name Here>”

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

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

“IFB No. 608-26-95104, Billboard Campaign for TxDMV, <Bidder’s Name Here> - Redacted” mailto:purchasing@txdmv.gov

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

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

4. Responses cannot be altered or amended after the Response Deadline. Alterations made prior to the Response Deadline must be initialed by the Bidder or its authorized representative. No Response may be withdrawn after the Response Deadline without written approval from TxDMV.

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

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

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

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

A.8.2 Hand Delivery or Mail Delivery of Response (Optional)

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

U.S. Postal Service, Overnight/Express Mail, or Hand Delivery

Texas Department of Motor Vehicles Purchasing Section

4000 Jackson Avenue Austin, Texas 78731

Attn: Nhi Ge, Contract Specialist

2. All Responses hand delivered or mailed must be in a package plainly marked as “IFB No. 608-26- 95104, Billboard Campaign for TxDMV, <Bidder’s Name Here>.” All deliveries will be received and logged.

3. When hand-delivering or mailing a Response, the Bidder should place a label in the lower left-hand corner of the sealed mailing envelope or box that contains the Solicitation information noted in Subsection A.8.2 above. If the Response requires more than one envelope or box, the label on each sealed envelope or box should include the number of sealed envelopes or boxes (e.g., 1 of #).

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

A.8.3 Applicable Statutes, Rules, and Regulations

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

A.8.4 Award of Contract

A Response to this Solicitation must be based upon the terms, conditions, and specifications contained herein. The successful Bidder’s Response to this Solicitation does not become a Contract until the Parties execute a written Contract or TxDMV issues a Purchase Order that is accepted by the Contractor. The award of any Contract that may result from this Solicitation will be made based upon the evaluation of all compliant Responses received, using the applicable best value factors as set forth in Subsection A.7.5.

A.8.5 Bidder’s Response

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

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

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

3. Bidder’s services capabilities;

4. All information or documents that are required to be included in the Bidder’s Response as stated throughout this Solicitation including, but not limited to, a completed and signed TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance, and HUB Subcontracting Plan.

(IMPORTANT NOTICE: Bidders are advised to read the entire Solicitation carefully as it may contain requests for certain information or documents that must be included as part of a Bidder’s Response);

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

6. Names of at least three references for whom the Bidder provided deliverables similar to the Deliverables required in this Solicitation in the previous three years from the date of the Response.

Include the name and phone number or email address of the client organization point of contact who is authorized to provide a reference.

A.8.6 RESPONDENT’S WAIVER – INTELLECTUAL PROPERTY

BY SUBMITTING ANY DOCUMENT OR MATERIAL IN RESPONSE TO THIS

SOLICITATION, THE RESPONDENT IRREVOCABLY AGREES TO THE FOLLOWING: (i)

THE RESPONDENT WAIVES ANY CLAIM AGAINST THE STATE, TXDMV, AND/OR THEIR

OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES,

AND/OR DESIGNEES RELATED TO ANY ALLEGED INFRINGEMENT OF THE

RESPONDENT’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS ARISING

FROM TXDMV’S USE OF THE DOCUMENTS OR MATERIALS SUBMITTED BY THE

RESPONDENT; (ii) THE RESPONDENT MUST DEFEND, INDEMNIFY, AND HOLD

HARMLESS THE STATE, TXDMV, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM AND

AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND

EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR

RELATED TO ANY ACTUAL OR ALLEGED VIOLATION, MISAPPROPRIATION, OR

INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR

OTHER INTELLECTUAL PROPERTY RIGHTS BY DOCUMENTS OR MATERIALS

SUBMITTED TO TXDMV BY THE RESPONDENT IN ACCORDANCE WITH SECTION 9.2 OF

EXHIBIT B, TXDMV CONTRACT UNIFORM TERMS AND CONDITIONS WITH

AFFIRMATIONS; (iii) SHOULD ANY SUBMITTED DOCUMENT OR MATERIAL BECOME, OR IN TXDMV’S OPINION IS LIKELY TO BECOME, THE SUBJECT OF A CLAIM OF

INFRINGEMENT, THE RESPONDENT, AT ITS SOLE EXPENSE, MUST EITHER (1) PROCURE

FOR TXDMV THE RIGHT TO CONTINUE USING THE DOCUMENT OR MATERIAL, OR

REPLACE OR MODIFY THE DOCUMENT OR MATERIAL SO THAT IT BECOMES NON-

INFRINGING, WHILE MAINTAINING EQUIVALENT FUNCTION AND PERFORMANCE.

ANY ASSUMPTION, EXCEPTION, OR OBJECTION TO THIS SUBSECTION IN THE

RESPONDENT’S SOLICITATION RESPONSE WILL RESULT IN THE DISQUALIFICATION

OF THE RESPONSE.

A.8.7 Cash Discounts

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

A.8.8 Disclosure of Potential Conflicts of Interest and Disclosure of Interested Parties –

Mandatory

The Bidder must certify that it does not have any personal or business interests that present a conflict of interest with respect to this Solicitation and any resulting Contract. Additionally, the Bidder must disclose all potential conflicts of interest and describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence and objectivity will be maintained. Additionally, the Bidder is required to complete and return Exhibit E, Respondent’s Disclosure of Interested Parties Form and provide all information requested on the form. TxDMV will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the contract. Failure to identify actual and potential conflicts of interest may result in disqualification of a Solicitation Response or termination of any Contract that may result from this Solicitation.

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

Additionally, pursuant to Tex. Gov’t Code § 2252.908, the successful Bidder awarded a Contract greater than $1 million dollars, or that requires an action or vote of the governing body, resulting from this Solicitation must file a disclosure of interested parties (Form 1295) with the Texas Ethics Commission (“TEC”) and provide a copy of the form to the TxDMV Sole Point of Contact identified in Subsection A.3.1 prior to the successful Bidder signing the Contract, unless a Section 2252.908(c) exemption applies.

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

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

A.8.9 Escalation Protocol – Mandatory

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