ESBD_506748_1776191771890_1_Part A 304T-26-071A1 Law Enforcement Motorcycles.pdf

Solicitation No. 304T-26-071A1

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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Law Enforcement Motorcycles

IFB No. 304T-26-071A1

NIGP CLASS-ITEM

071-56

SCHEDULE OF EVENTS

ESBD Posting Date April 14, 2026

Questions Submission Deadline Date April 17, 2026

Response to Questions through Addendum Date, or as soon thereafter as practical April 22, 2026

RESPONSE DUE DATE May 19, 2026

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 RETENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

ATTACHMENT F - AUTHORIZED WARRANTY SERVICE PROVIDER

PART A, SECTION A.7.2 SPECIFICATIONS

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.

MANUFACTURER’S PRICE LIST

DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.15 AND SECTION A.16 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 REFERENCED BRAND EXAMPLE

A.7.2 SPECIFICATIONS

A.7.3 ADDITIONAL INFORMATION AND REQUIREMENTS

A.7.4 SAMPLE TESTING – POST AWARD

A.7.5 QUANTITIES

A.7.6 WARRANTY REQUIREMENTS

A.8 SHIPPING, DELIVERY, PACKAGING, AND ACCEPTANCE

A.8.1 PRE-DELIVERY SERVICE

A.8.2 DELIVERY REQUIREMENTS

A.8.3 DELIVERY SCHEDULE

A.8.4 DELIVERY DELAYS

A.8.5 DELIVERY AND ACCEPTANCE OF 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 DISCLOSURE OF INTERESTED PARTIES

A.13 EVALUATION OF RESPONSE

A.13.1 RESPONSIVENESS

A.13.2 RISK OF NON-PERFORMANCE

A.13.3 BEST VALUE

A.13.4 TIES

A.14 AWARDS

A.14.1 AWARD APPROACH

A.14.2 NON-AWARD

A.14.3 AWARD NOTICE

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A.14.4 SUBSTITUTIONS

A.15 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.15.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.15.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.15.3 ATTACHMENT B - RESPONDENT INFORMATION

A.15.4 ATTACHMENT C - PREFERENCES

A.15.5 ATTACHMENT D - INSURANCE STATEMENT OF INTENT

A.15.6 ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.15.7 ATTACHMENT F - AUTHORIZED WARRANTY SERVICE PROVIDER

A.15.8 PART A, SECTION A.7.2 SPECIFICATIONS

A.15.9 MANDATORY PRICE SHEET

A.15.10 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.15.11 MANUFACTURER’S PRICE LIST

A.15.12 DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

A.15.13 SIGNED ADDENDA TO SOLICITATION

A.16 SUBMITTING THE RESPONSE TO CPA

A.16.1 ELECTRONIC SUBMISSION (PREFERRED)

A.16.2 HARD COPY SUBMISSION

A.1 DEFINITIONS

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

TERM DEFINITION

CC Cubic Centimeters

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.

Engine

Displacement The overall size and volume of an engine, usually provided in cubic centimeters.

ESBD

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

FOB

Destination

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

OEM Original Equipment Manufacturer, refers to the manufacturer of the motorcycle.

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

PMS Power Management System

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.

http://www.txsmartbuy.gov/esbd

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A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for law enforcement motorcycles.

A major Customer for these items is the Texas Department of Public Safety (TxDPS).

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 April 30, 2027.

1st Renewal Option: May 1, 2027, through April 30, 2028

2nd Renewal Option: May 1, 2028, through April 30, 2029

3rd Renewal Option: May 1, 2029, through April 30, 2030

4th Renewal Option: May 1, 2030, up to one (1) additional year

CPA may unilaterally renew the Contract.

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.

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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

This Contract provides for price increases only in connection with increases in manufacturer list pricing. To be eligible for a contractual price increase on any item, Respondent must submit an acceptable manufacturer’s price list that includes the item. The list must be current as of the submission date of the bid and price increase request. The list must be in a form recognized in the applicable industry; a price list prepared for purposes of this Solicitation is not acceptable. The list must include an effective date or other verification that it is current. CPA must be able to verify the list using an external or third-party source, such as reviewing the manufacturer’s website or corresponding with the manufacturer’s representative. CPA may reject a price list in its sole discretion. CPA may disqualify any Response that does not include a manufacturer’s price list.

If the Respondent is unable to provide an acceptable manufacturer’s price list, Respondent may request

CPA to consider an appliable PPI or 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.

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 Price ÷ Original Mfg. Price) x New Mfg. Price, where:

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

(2) “Original Mfg. Price” is the price reflected on the manufacturer’s price list submitted with the response or alternate cost documentation accepted by CPA in accordance with Section A.5.2 above;

(3) “New Mfg. Price” is the price reflected in the manufacturer’s price documentation or alternate cost documentation submitted by Contractor in support of its price adjustment request that CPA in its sole discretion determines is acceptable.

mailto:spd.cmo@cpa.texas.gov

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Ineligibility for Price Increases. If Respondent fails to provide an acceptable manufacturer’s price list, applicable PPI, or acceptable alternate cost documentation related to a particular item, CPA may award a Contract at a firm, fixed price for those items. Respondent will not be eligible for any price increases for the duration of the Contract, including all renewal and extension periods.

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 changes in an approved manufacturer’s price list. Any request that does not include an approved manufacturer’s price list or alternate cost documentation will not be considered. As stated above, if no manufacturer’s price list or alternate cost documentation was accepted by CPA before Contract award, price increases are not permitted under normal conditions.

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.

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.

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

Section A.15.10. 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.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Any insurance required to be compliant with applicable Federal, State, and Local regulations for the goods or services provided.

Statutory limits

Commercial General Liability

(Occurrence based)

$500,000 Each Occurrence Limit

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;

(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.

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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 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.

Any example listed is to show the type desired. Some examples may be offered in multiple configurations. Contractors are cautioned to read the Specifications carefully as there may be special requirements not commonly offered by the manufacturer. Do not assume example listed meets all of the detailed specification requirements. Contractors are cautioned that any unit which does not meet

Specifications in every aspect will not be accepted.

A.7.2 Specifications

Reference the Mandatory Price Sheet for line items.

All parts not specifically mentioned that are necessary for the motorcycle 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.

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ACCESSORIES: Unless otherwise specified in this Specification, all current motorcycle manufacturer’s advertised standard features shall be provided. Standard features not specifically stated shall not be interpreted as items that can be omitted. Contractor shall provide OEM options when specified options are available as OEM. All OEM accessories and options shall be chassis-factory installed when available. If Customer approves aftermarket parts, aftermarket accessories shall be installed unless noted otherwise. Installation must be per the manufacturer’s instructions and meet the requirements of this Specification. Where available, the Contractor shall provide the manufacturer’s current ordering codes or part numbers as they align with these features and options within these

Specifications. When a specified option is only available as part of an option package or trim level upgrade, the Contractor may provide entire OEM installed option package/trim level upgrade, or the specified option may be dealer installed by a factory certified technician using all OEM parts. All options shall include installation cost in the bid price.

NOTE: All options shall be OEM, when available from the OEM. If OEM is unavailable, aftermarket options are acceptable. Bids that include non-OEM/after-market parts on this contract shall be accompanied by the item’s manufacturer part/model/series number.

Line Item 1: Motorcycle, Law Enforcement

Referenced Manufacturer/Model No. or Equal: 2026 or Newer BMW R 1300 RT-P, Harley-

Davidson Road Glide

1. Engine Displacement: Minimum 1300cc Displacement:

2. Wheelbase: 1,490 to 1650 mm Wheelbase:

3. Fuel Capacity: Minimum 6 gal Fuel Capacity:

4. Useful Load Capacity: Minimum 500 lbs

Useful Load

Capacity:

5. Fairing Color: Black Fairing Color:

6. Wheel Color: Black

Wheel Color:

7. Keyless Ignition with Two (2) Fob Transmitters ☐ YES ☐ NO

8. Heated Seat ☐ YES ☐ NO

9. Battery Charger (2.5 Ah) ☐ YES ☐ NO

10. Tire Pressure Monitoring System ☐ YES ☐ NO

11. Motorcycles shall contain brakes with Standard and Corning Anti-Lock

Braking System (ABS)

☐ YES ☐ NO

12. Thin Film Transistor (TFT) Display: Minimum 10 in ☐ YES ☐ NO

13. Saddle Bags and Top Box ☐ YES ☐ NO

14. Rider Assistance Safety Package including, but not limited to:

☐ YES ☐ NO

a. Adaptive Cruise Control

b. Lane Change Warning

c. Collision Warning

15. Equipped with Shifting Assistance Technology that allows for clutchless up and down gear shifts once in first gear

☐ YES ☐ NO

16. Dynamic ride modes with preset level that adjust throttle response, engine power, suspension and traction

☐ YES ☐ NO

17. Advanced Traction Control to aid in acceleration in various road conditions ☐ YES ☐ NO

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18. Rocker Cover Protection ☐ YES ☐ NO

19. Sump/Engine Protection Guard ☐ YES ☐ NO

20. Adaptive headlights to allow for automatic adjustment of headlight patterns based on driving conditions

☐ YES ☐ NO

21. LED Fog Lamps, minimum two (2) ☐ YES ☐ NO

22. Blue ID Lights, Rear, minimum one (1), mounted above top box ☐ YES ☐ NO

23. LED Emergency Warning Lights, Red and Blue, programable to allow user customized red and blue color arrangements, LED assembly shall contain minimum Four (4) LEDs per assembly, and assembly shall be mounted as follows:

a. Front facing mounted at the front of motorcycle, minimum four (4) assemblies

☐ YES ☐ NO

b. Rearward facing mounted at the rear of motorcycle, minimum twelve

(12) assemblies

☐ YES ☐ NO

c. Sideward facing mounted on each side of the motorcycle, minimum twelve (12) assemblies, six (6) per each side of motorcycle

☐ YES ☐ NO

24. Additional Lighting Requirements: LED assembly shall contain a minimum of four (4) LEDs per assembly, assembly shall be mounted as follows:

a. LED, Take-Down, white, front facing mounted at the front of motorcycle, minimum two (2) assemblies

☐ YES ☐ NO

b. LED, Alley, white, minimum two (2), one (1) on the left facing outward, placed in front of the riding position, one (1) on the right facing outward, placed in front of the riding position

☐ YES ☐ NO

c. LED, Auxiliary Turn Signals, minimum two (2) to accompany factory turn signals

☐ YES ☐ NO

d. LED, Auxiliary Brake/Taillight, minimum two (2) to accompany factory break/taillight

☐ YES ☐ NO

e. LED, Saddlebag, with sensor switch to illuminate when opened, minimum one (1) per saddle bag

☐ YES ☐ NO

25. Harness for Lights and Emergency Light Controller ☐ YES ☐ NO

26. Kickstand Extension with larger foot to prevent sinking or tipping in soft ground like grass, mud or sand

☐ YES ☐ NO

27. Accessory Wiring Connector through the motorcycle’s PMS to prevent power drain while motorcycle is not running

☐ YES ☐ NO

28. High Amperage Dedicated Radio Plug, shall be through the motorcycle’s

PMS, 12V

☐ YES ☐ NO

29. Speaker Connection plug to allow access to factory speakers, hardwired or wireless acceptable

☐ YES ☐ NO

30. Power Socket Harness, used to protect PMS from malfunctions while sockets in use

☐ YES ☐ NO

31. Lidar Gun Holster Adapter to store speed measuring devices ☐ YES ☐ NO

32. Radar Display Head Mount, compatible with Stalker DSR 2X Radar System ☐ YES ☐ NO

33. Front Radar Antenna Mount, compatible with Stalker DSR 2X Radar System ☐ YES ☐ NO

34. Rear Radar Antenna Mount, compatible with Stalker DSR 2X Radar System ☐ YES ☐ NO

35. Waterproof Fairing USB Outlet, minimum one (1) USB-A and one (1) USB-C ☐ YES ☐ NO

36. Radar Controller Unit Mount, compatible with Stalker DSR 2X Radar System ☐ YES ☐ NO

37. Fairing Mount Power Socket, for use with 12V power, minimum two (2) ☐ YES ☐ NO

38. Radar Connection Plug to power Stalker DSR 2X Radar System ☐ YES ☐ NO

39. Assault Rifle / Shotgun Mount and Bracket

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a. The Mount and Bracket shall be able to accommodate AR-15/M4

Weapon Systems and Tactical Shotguns

☐ YES ☐ NOb. The Mount and Bracket shall be placed in a location that shall keep the weapon system secured and does not allow the system to come in contact with the ground when the motorcycle is laid on its side

40. Rifle / Shotgun Mount shall contain a stainless heat shield to protect rifle if mounted near exhaust path

☐ YES ☐ NO

41. The motorcycle shall contain a computer docking station with charging capabilities through the motorcycle’s PMS

☐ YES ☐ NO

42. Installation of Radar

☐ YES ☐ NO

a. NOTE: The radar shall be provided by the Customer

43. Motorcycle shall contain a dual battery setup

☐ YES ☐ NO

a. One battery shall power motorcycle equipment

b. One battery shall power law enforcement equipment

c. Lithium or AMG battery acceptable

44. Warranty: Minimum 3 years or 60,000 miles Warranty Period:

A.7.3 Additional Information and Requirements

(1) The equipment furnished under this Specification shall be the latest improved model in current production, as offered to commercial trade, and shall be of quality workmanship and material.

The Contractor represents that all equipment offered under this Specification shall be new. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable. All units offered under this Specification shall meet or exceed the Required

Features specified for the motorcycle.

(2) The unit provided shall meet or exceed all federal and State of Texas safety, health, lighting and noise regulations and standards in effect and applicable to the equipment furnished at the time of manufacture.

(3) LICENSING: Contractor and its subcontractors must have all appropriate licenses required by the Texas Occupations Code, the Texas Transportation Code, and the regulations of the Texas

Department of Motor Vehicles including 43 TAC Chapter 215.

(4) It is the intent of CPA to purchase goods, equipment and services having the least adverse environmental impact, within the constraints of statutory purchasing requirements, Customer need, availability, and sound economic considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this Specification are encouraged.

(5) COMPONENT DOCUMENTATION REQUIREMENTS: Upon request, Respondent shall submit manufacturer’s current, regularly published literature on any aftermarket components offered. Literature shall be sufficiently detailed to permit CPA or the Customer to determine if the items offered meet specified requirements.

a. If the components are discontinued by the manufacturer or become otherwise unavailable, the

Contractor shall, upon request, submit literature on the proposed alternate for CPA or the

Customer’s approval.

b. Upon request, Respondent shall provide to CPA or the Customer written verification that the selected up-fitter has read, understands, and will comply with all Specification requirements, including delivery timelines. The verification shall be signed by a representative of the selected up-fitter. Contractor shall submit written verification from any additional or alternate up-fitter to be used under the contract.

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(6) LICENSE PLATE ATTACHMENT: Each motorcycle shall be furnished with means and adequate space for attaching the rear license plate without modification. Illumination provided for the license plate shall be in compliance with Texas motor vehicle laws.

(7) LOGOS AND DECALS: Contractor shall not place decals or markings of any type pertaining to advertisement other than manufacturer’s name or model designation normally installed by manufacturer on equipment.

(8) MANUALS: Contractor must include for each motorcycle an owner’s or operator’s manual at the time of delivery. This will include all standard manufacturer/Contractor literature normally furnished and as required by law with the purchase of a new motorcycle. Contractor shall provide these documents in an electronic format (electronic media file or a link to Contractor’s or OEM website for download) and in print format when available from the OEM.

(9) MILEAGE AT DELIVERY: Contractors must ensure that unnecessary mileage is not put on vehicles during the delivery process. Motorcycles shall be delivered with the minimum amount of mileage as reasonably possible.

(10) SAFETY NOTICES AND RECALLS: All safety notices and recalls shall be mailed to the

Customer’s address on the purchase order for the destination of goods or other contact noted on the purchase order.

(11) TAX, TITLE, AND LICENSE: All motorcycles shall be delivered with temporary registration plates or permanent plates. Customer will be responsible for any applicable tax, title, and license fees, in addition to vehicle purchase price. All vehicle contract prices exclude tax, title, and license. It shall be the responsibility of the Customer to inform the Contractor of their status as exempt or non-profit, so that Contractor may collect applicable taxes and fees, and process any required licensing and titling applications. Customers shall direct any questions concerning applicable tax, title, and license fees to their appropriate County Tax Assessor/Collector Office or the Texas Comptroller of Public Accounts at 1-800-252-1382.

A.7.4 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.8.6 – Compliant Products.

A.7.5 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.7.6 Warranty Requirements

(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.

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

Customer and continue in effect for (i) three years or 60,000 mile warranty 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.8 SHIPPING, DELIVERY, PACKAGING, AND ACCEPTANCE

A.8.1 Pre-Delivery Service

All units shall include new vehicle pre-delivery service.

(1) The following service shall be performed before the units are delivered to the Customer:

a. All fluid levels checked and maintained with the proper grade and type of fluids.

b. A minimum of 1/4 tank must show on the fuel gauge when delivered.

(2) The Contractor or their representative who is responsible for the final delivery shall attach signed certificates to the units stating that the above service was performed, and that inspection indicates they are in good condition and ready for delivery.

A.8.2 Delivery Requirements

(1) HOURS OF DELIVERY: Contractor must deliver during Customer’s normally scheduled work hours; which are typically Monday through Friday, 7:00 a.m. to 3:00 p.m. based on the

Customer’s time zone. Contractor is encouraged to obtain Customer’s delivery hours of operation at time of order.

Prior approval by the Customer is required for after-hours delivery. If Customer approves after-hours delivery, Contractor may not invoice any additional charges for that delivery.

(2) 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.

NOTE: Customers may arrange for employees to trailer the motorcycles from the Contractor location.

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(3) REQUIRED DOCUMENTATION:

a. VEHICLE DELIVERY DATA SHEET: At delivery, Contractor shall provide with each vehicle a data sheet to include the following information: Vehicle Identification Number

(VIN), year, make, model, purchase order number, requisition number, delivery date, purchase cost, odometer reading at delivery, warranty expiration (date & miles or delayed). Additional information may be requested during the life of the contract.

b. FACTORY BUILD SHEET: Factory build sheets shall be provided and considered part of the required delivery documents. The Contractor shall ensure this document is safeguarded during the pre-delivery and delivery processes and must replace it if it is destroyed or lost.

c. STATE VEHICLE INSPECTION: The Contractor shall have each vehicle properly inspected in compliance with Texas motor vehicle laws. Texas inspection sticker shall be attached prior to the delivery of the vehicle to the Customer and included in price.

d. MANUFACTURER’S STATEMENT/CERTIFICATE OF ORIGIN: Contractor shall furnish the Customer with a MSO or MCO (Certificate of Title will not meet this requirement). A vehicle shall not be considered delivered until the MSO or MCO is received by the Customer. MSO or MCO shall either be furnished at the time of vehicle delivery or within 48 hours of vehicle delivery to the Customer and shall be made out in the name of the

Customer (see NOTE below), including an odometer statement.

NOTE: Contractor should contact the Customer to obtain proper entity name and address for assignment of the MSO or MCO.

e. APPLICATION FOR TEXAS TITLE: Contractor shall furnish the Customer a signed and completed Form 130-U. A vehicle shall not be considered “delivered” until the 130-U is received by the Customer. Form 130-U shall either be furnished at the time of vehicle delivery or within 48 hours of vehicle delivery to the Customer and shall be made out in the name of the purchasing entity (see NOTE below).

NOTE: The latest version of the Form 130-U is available at the Texas Department of Motor

Vehicles website: https://www.txdmv.gov/forms.

(4) UNLOADING: Contractor shall prevent any undue delay or imposition upon Customer personnel at time of delivery. Customer assistance will not be provided for off-loading units or other equipment unloading.

A.8.3 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.13.3 to see how the Respondent’s delivery schedule impacts evaluation of the Response.

https://www.txdmv.gov/forms

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A.8.4 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.8.5 Delivery and Acceptance of Compliant Products

Receipt of goods does not constitute acceptance, nor does receipt of noncompliant goods 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. All motorcycles ordered will be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than ten working days, weather permitting. Acceptance will not be made, nor payment initiated on motorcycles failing to meet Specifications (unless they are brought into full compliance) and all necessary documents are received by the Customer. Failure to provide this information may cause the delay of payment. Payment will be made within 30 days after vehicle’s acceptance inspection and performance testing, or receipt of correct invoice, whichever is later. The

Contractor will be notified within ten working days of any units not delivered in full compliance with the purchase order Specifications. 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.

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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.

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.

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

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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.

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.15 and A.16.

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

A.12 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.13 EVALUATION OF RESPONSE

A.13.1 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) or failure to submit the Mandatory Price Sheet will result in disqualification.

A.13.2 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 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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(6) conformity to all material specifications required in this Solicitation.

CPA may consider any source of…