10-30-2025 Solicitation No. 304T-26-445A1 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

REQUEST FOR PROPOSALS

Master Tool Sets and Individual Tools

RFP No. 304T-26-445A1

NIGP CLASS-ITEMS

060-66

445-06 445-27 445-39 445-49 445-52 445-64 445-79 445-82

SCHEDULE OF EVENTS

ESBD Posting Date May 20, 2026 Pre-Proposal Conference Date and Time May 28, 2026 at 10:00 AM CST Questions Submission Deadline Date May 29, 2026 Response to Questions through Addendum Date, or as soon thereafter as practical June 3, 2026

RESPONSE DUE DATE June 11, 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)

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.

PROPOSAL - Reference Section A.15.7.

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 (LINE 1 – MASTER TOOL SET)

A.4.3 PRICING STRUCTURE – FIRM DISCOUNT FROM MANUFACTURER CATALOGS (LINES 2-5)

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION (FOR LINE 1 MASTER TOOL SETS ONLY)

A.5.3 PRICE ADJUSTMENT REQUESTS (FOR LINE 1 MASTER TOOL SETS ONLY)

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 REFERENCED BRAND EXAMPLE

A.7.2 RESPONDENT QUALIFICATIONS

A.7.3 SPECIFICATIONS

A.7.4 MANUALS

A.7.5 CONDITION OF PRODUCTS

A.7.6 QUANTITIES

A.7.7 WARRANTY REQUIREMENTS

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 PACKAGING AND LABELING

A.8.3 SPECIAL DELIVERY REQUIREMENTS

A.8.4 HOURS OF DELIVERY

A.8.5 DELIVERY SCHEDULE

A.8.6 DELIVERY DELAYS

A.8.7 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 ONLINE ORDERING

A.10.3 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 PRE-PROPOSAL CONFERENCE

A.11.6 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 EVALUATION PROCESS

A.13.4 EVALUATION FACTORS

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A.14 AWARDS

A.14.1 AWARD APPROACH

A.14.2 NON-AWARD

A.14.3 AWARD NOTICE

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 PROPOSAL CRITERIA

A.15.8 MANDATORY PRICE SHEET

A.15.9 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.15.10 SIGNED ADDENDA TO SOLICITATION

A.16 SUBMITTING THE RESPONSE TO CPA

A.16.1 ELECTRONIC SUBMISSION (PREFERRED)

A.16.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

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

TERM DEFINITION

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

Contractor Any Respondent awarded a Contract based on this Solicitation.

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

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

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.

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

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

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

SAE Society of Automotive Engineers

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

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for master tool sets and individual tools.

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

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on July 31, 2027.

1st Renewal Option: August 1, 2027, through July 31, 2028 2nd Renewal Option: August 1, 2028, through July 31, 2029 3rd Renewal Option: August 1, 2029, through July 31, 2030 4th Renewal Option: August 1, 2030, up to one (1) additional year

CPA may unilaterally renew the Contract.

http://www.txsmartbuy.gov/esbd

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A.4 PRICING

A.4.1 Texas SmartBuy Online Ordering System

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

The operation of the Texas SmartBuy system requires Statewide Procurement Division (SPD) to publish all pricing information online, including discounts and other variables. By submitting a Response, Respondent agrees that the pricing and related information in the Response is not confidential or proprietary. Respondent consents to the publication of Respondent’s pricing and related information on Texas SmartBuy.

CPA will charge the Contractor a 1.5% Texas SmartBuy administrative fee. Respondent must consider this fee when developing pricing for its Response. The fee is calculated on the price of goods or services purchased under this Contract. By submitting pricing and discounts, Respondent certifies that it has factored in the Texas SmartBuy administrative fee. Invoices for the Texas SmartBuy administrative fee are issued on the first day of the month following the delivery date of the good or service. Invoices are e-mailed to the address provided by the Contractor. Payment of the invoice is due 30 days from the invoice date and is not contingent on any Customer’s payment to the Contractor. If the outstanding liability is not paid in a timely manner, the Contractor’s items may be removed from the TxSmartBuy system which will prevent the placement of orders. If non-payment reaches 90 days, the Contractor may be placed on warrant hold.

A.4.2 Pricing Structure – Firm Price with Escalation (Line 1 – Master Tool Set)

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

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

A.4.3 Pricing Structure – Firm Discount from Manufacturer Catalogs (Lines 2-5)

Response discounts must be firm, fixed discounts that may not be reduced for the life of the contract, including all potential renewal periods. If Contractor offers or provides a lower price or a higher discount 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 or higher discount to all Customers of the Contract resulting from this solicitation.

Discounts proposed must be based upon the equipment manufacturer’s list price. Respondents should bid a minimum guaranteed discount for each category, as seen on the Mandatory Price Sheet.

Respondents are allowed but not required to offer additional discounts for one-time large volume purchases made under this Contract.

Example: If a 10% discount is bid, the (minimum) 10% base discount must apply to all items within that category. However, when available, a greater discount may be offered on some or all items within the category or for large volume purchases.

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Quotes from Contractor must be valid for 30 days from Customer’s receipt of quote. Pricing may not change from the time of order unless a higher discount becomes available. Contractor quotes must also display the summed total amount that Customer will save with the state discount applied.

CPA, at its sole discretion, may request detailed manufacturer catalogs and/or manufacturer price lists throughout the life of the Contract, including all renewal and extension periods.

Unit prices must include all Contract requirements. Shipping shall be FOB destination; therefore, unit prices must include statewide delivery (all shipping, handling, 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 (for Line 1 Master Tool Sets Only)

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

BLS website: http://data.bls.gov/cgi-bin/srgate

Producer Price Index: WPU10420135 - Metal and Metal Products (Mechanics Hand Service Tools)

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

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

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

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

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

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

If the Respondent can demonstrate that the price index lags behind costs of performance or does not account for significant costs of performance, Respondent may request CPA to consider other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable. Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is $30.00 of the total cost). CPA may reject cost documentation in its sole discretion.

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

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A.5.3 Price Adjustment Requests (for Line 1 Master Tool Sets Only)

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the Contract, price adjustments may be requested based upon the formula in Section A.5.2.

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

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

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 tariff surcharges or changes in tariffs implemented after award that affect the cost of supplying goods under this Contract. Tariffs in place at the time of the response will not be considered as a basis for a tariff surcharge increase. To request a price adjustment related to tariffs, Contractor must provide documentation that includes the effective date, amount, scope of the tariffs, and any other documentation requested by CPA. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariff surcharges, 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.

As allowable by law, Contractor must promptly assign to Customer the right to file for and receive any refund that becomes due for the tariffs paid under this Contract. Contractor agrees to cooperate with Customer and take all the steps required to assign and transfer to Customer its rights, title and interest in any monies due or payable to Contractor in connection with tariffs paid under this Contract. If Contractor receives a refund of any tariff paid under this Contract, it shall return the portion paid by each Customer.

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.15.9. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

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

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate

Commercial General Liability (Occurrence based) $500,000 Each Occurrence Limit

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

Statutory limits

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 $500,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section A.11.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide

Page A10 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.

A.7.2 Respondent Qualifications

The Respondents shall:

(1) Be a company or an individual or whose partners or principals or both are engaged in the business of providing or manufacturing professional grade mechanic tools for a minimum of seven (7) years within the last 10 years. Recent start-up businesses do not meet the requirements of this solicitation.

(2) Respondent shall have the capability to, or have a dealer network with the capability to, provide sales during normal working hours as well as distribution and on-site repairs to any location within the state of Texas within 24 hrs.

(3) Respondent shall provide a listing and explanation of any recalls issued by the Respondent for any tools or automotive accessories from the last three (3) years.

NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise.

Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.

Reference Section A.13.4 Evaluation Factors.

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Per Section A.15.7, Respondent shall describe in detail in their Response how their company meets or exceeds the above requirements. Respondent shall provide an executive summary describing your company structure, a listing of dealer locations and a listing of the last three (3) years of recalls for any tools or automotive accessories.

A.7.3 Specifications

Reference the Mandatory Price Sheet for line items.

Reference Attachment F for detailed requirements and specifications.

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

A.7.4 Manuals

Equipment must be delivered with current original manual(s) and two (2) copies containing illustrated parts list, operating, calibration, and service instructions in English. The manual(s) must be as detailed as possible outlining all necessary service and operating instructions for the equipment delivered.

Manual(s) must include necessary warnings and safety precautions. It is requested, but not required, that the manual be printed on recycled paper. Copies must be reproduced from the current original manual and be clean and legible. All manuals must be written in English. In addition to the hard copy manual and copies, Contractor must provide an electronic media version of the current original manual.

A.7.5 Condition of Products

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

A.7.6 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 Line 1: Master Tool Sets 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.7.7 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) ten (10) years 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 shall submit a listing of authorized warranty service providers that service across the state of Texas. Reference Section A.15.7.

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, AND PACKAGING

A.8.1 Identification of Shipments and Documentation

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

A.8.2 Packaging and Labeling

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

A.8.3 Special Delivery Requirements

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

A.8.4 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.5 Delivery Schedule

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

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

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A.8.6 Delivery Delays

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

A.8.7 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s address specified on the purchase order, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

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

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

Purchase orders dated during the term of the Contract must be honored, even if received by the Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

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

A.10.2 Online Ordering

CPA’s Texas SmartBuy online ordering system permits Customers to order from the Contract. Texas SmartBuy will email purchase orders to the Contractor and Customer. Contractor shall acknowledge receipt of each purchase order to the Customer’s email address listed on the purchase order.

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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.

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

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

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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 Monica Suarez, CTCD, CTCM Email: Monica.Suarez@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:Monica.Suarez@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov

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A.11.5 Pre-Proposal Conference

The Pre-Proposal Conference is scheduled for the date and time listed in the Schedule of Events on the cover page. The location of the conference is:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/288027884921647?p=sOmCNmLNA0XvNqb7vD Meeting ID: 288 027 884 921 647 Passcode: 3b7aj93v

Need help? | System reference Dial in by phone +1 737-471-3847,,284844955# United States, Austin Find a local number Phone conference ID: 284 844 955#

The Pre-Proposal Conference is an opportunity for vendors to hear information about the Solicitation and ask questions about the solicitation. While attendance is not mandatory, it is highly encouraged.

Vendors should notify the Point of Contact that they plan to attend the Pre-Proposal Conference no later than [DATE].

A.11.6 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 - Requirements and Specifications

5. Mandatory Price Sheet

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.

https://teams.microsoft.com/meet/288027884921647?p=sOmCNmLNA0XvNqb7vD https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWMzMmRlZTAtZjM0My00ZmEzLWI0NjktZmY4MDY5ODZjNWU5%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%22c6cbdec5-64d1-424b-83b8-c16cfaf1171c%22%7d tel:+17374713847,,284844955 https://dialin.teams.microsoft.com/58d35282-7dff-490c-8e1a-27eb861dcb13?id=284844955 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0

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A.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

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

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

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

2157.125. The following examples indicate poor performance:

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

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

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

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

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

Vendor performance information is located on the CPA web site at: http://www.txsmartbuy.gov/vpts

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

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

A.13.3 Evaluation Process

After scoring the Responses, CPA may:

http://www.txsmartbuy.gov/vpts

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(1) Award the contract to the Respondent providing best value to the state;

(2) Determine the competitive range and negotiate with Respondents in the competitive range;

(3) Invite Respondents in the competitive range to make oral presentations;

(4) Formally request a Best and Final Offer (BAFO) from Respondents in the competitive range; or

(5) Make no award.

Respondents in the competitive range will be notified of the time and place for the oral presentation, if any. CPA may ask Respondents to confirm information from oral presentations in writing. If CPA conducts oral presentations with Respondents in the competitive range, CPA will re-score Responses as modified, supplemented, and clarified by the oral presentations. After any oral presentations, CPA may:

(1) Award the contract to the Respondent providing best value to the state;

(2) Negotiate with one or more Respondents;

(3) Formally request a Best and Final Offer (BAFO) from Respondents in the competitive range; or

(4) Make no award.

If BAFOs are requested, CPA will re-score any evaluation factors affected by the BAFOs. After evaluating any BAFOs, CPA may:

(1) Negotiate with one or more Respondents;

(2) Award the contract to the Respondent providing best value to the state; or

(3) Make no award.

Respondents are strongly encouraged to include their best possible offer with their Responses because there is no guarantee they will be afforded an opportunity to negotiate or submit a Best and Final Offer. CPA reserves the right to award a Contract without any discussion or negotiation. CPA also reserves the right to make no award.

Qualitative evaluation factors will be evaluated by a panel of evaluators selected by CPA. CPA will have the final decision on vendor selection and award.

A.13.4 Evaluation Factors

Responses will be evaluated according to the following factors:

Evaluation Factors: Points 1 Pricing or Percentage Discount– Mandatory Price Sheet 30 2 Respondent Qualifications 30 3 Product Quality and Availability 40 Total 100

Pricing or Percentage Discount: CPA will award scores reflecting the Respondent providing best pricing for the state of Texas for each line item.

Respondent Qualifications: Evaluators will award scores reflecting the extent to which the Respondent’s experience in the industry will deem them qualified for a contract this size. Reference Section A.7.2.

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Product Quality and Availability: Evaluators will award scores for the proposed products that demonstrate the best overall value for the quality of tool requested.

For detailed requirements for all evaluation factors, reference Section A.15.7.

CPA reserves the right to conduct studies and other investigations as necessary to evaluate any Response. CPA and its selected evaluators may consider any source of information, including sources identified in A.13.2 above.

A.14 AWARDS

A.14.1 Award Approach

CPA intends to make an award to the vendor providing the best value to the state for each line item.

This may result in awarding different line items to different vendors.

When evaluating Lines 2-5; CPA will evaluate the minimum percentage discount off published fares.

In accordance with Texas Administrative Code §20.231, CPA has determined that awards to multiple Respondents for Lines 2-5 may be in the best interest of the State. If multiple Contracts are awarded, each Customer will select a Contractor based on best value for a particular purchase order.

A.14.2 Non-Award

CPA may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

A.14.3 Award Notice

If the Solicitation is awarded, CPA will issue a Notice of Award to the successful Respondents. The Notice of Award will be transmitted via email to the Authorized Respondent Representative.

A.14.4 Substitutions

The Contractor shall not substitute a contract item or brand without prior written approval from Statewide Contract Management.

A.15 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.15.1 Confidential/Proprietary Information

If any material in the Response is confidential or proprietary, Respondent must clearly mark those pages as “confidential” in bold type. Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas Public Information Act. Respondent must also provide a redacted copy of any Response document marked confidential or proprietary. A blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not sufficient and may make the entire Response subject to release under the Act. Any information not clearly identified as confidential may be disclosed.

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See also Section B.2.4 of Part B of this Solicitation for additional terms and conditions related to the Public Information Act.

A.15.2 Attachment A - Execution of Response

Respondent must complete, sign, and submit the Execution of Response – Attachment A. Failure to complete, sign, and submit this form will disqualify the Response.

A.15.3 Attachment B - Respondent Information

Respondent must provide all requested information on Attachment B and submit the form with Response.

A.15.4 Attachment C - Preferences

Respondents should review this attachment and complete it. CPA will apply preferences as required by law.

A.15.5 Attachment D - Insurance Statement of Intent

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.6.

A.15.6 Attachment E - Self Insured Retention Certification and Request for Approval

Only if the Respondent has elected for Self Insured Retention on any required insurance coverage (reference Part A, Section A.6), the Respondent should complete and return Attachment E - Self Insured Retention Certification and Request for Approval with its response.

A.15.7 Proposal Criteria

The Respondent shall submit with its Response the following information to permit evaluation of the factors other than price listed in A.13.4. Proposals shall be 30 pages or less, single spaced. Promotional materials will not meet the requirements of this solicitation. Respondents are encouraged to provide as much information as is necessary to provide complete and accurate information. CPA reserves the right to clarify Proposal Criteria.

Vendor Qualifications: Respondent shall describe in detail how they will meet or exceed the requirements stated in Section A.7.2 which includes but is not limited to:

- An executive summary about the Respondent and its experience with Contracts of this size and scope. The executive summary shall also identify the amount of time the company or its partners have been in business.

- A listing of the current dealer network across the state of Texas.

- Respondent shall provide a listing and explanation of any recalls issued by the Respondent for any tools or automotive accessories from the last three (3) years.

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Product Quality and Availability: Respondent shall describe in detail how they will meet or exceed the requirements stated below:

- (Line 1 Master Tool Sets only) The tool set composition, including detailed listing and diagrams of all included items.

- A description of the proposed tool quality, strength, and durability for heavy everyday professional mechanic use.

- The manufacturer’s chrome plating process and materials used to ensure quality and reliability.

- Any value-add products or services that set you apart from your competitors.

- All available storage solutions.

- Any current or past product shortages within the last 5 years and the average restock time when an item is out of stock.

- A description and listing of warranties and warranty service providers in the state of Texas.

A.15.8 Mandatory Price Sheet

Respondent must complete the Mandatory Price Sheet and return with Response in the format requested. CPA will disqualify Responses received without the Mandatory Price Sheet.

Respondent should not manipulate or modify the price sheet, other than by entering the requested information in the provided spaces. Alteration to the Mandatory Price Sheet may lead to disqualification.

Respondent may submit multiple Mandatory Price Sheets if submitting a Response that includes multiple brands or product lines.

A.15.9 Negotiations, Assumptions, and Exceptions

On company letterhead or in a Microsoft Excel® spreadsheet, the Respondent must clearly identify each exception taken, noting the specific Solicitation section number, section title, detailed description of exception taken, and Respondent’s proposed alternate language using the following format:

Section Section Title Exception Proposed Language

CPA may reject an incomplete exception without consideration. If there are no exceptions, the Response should explicitly state that the Respondent takes no exceptions.

A.15.10 Signed Addenda to Solicitation

Respondent shall submit signed copies of all Solicitation addenda, if any, with its Response.

A.16 SUBMITTING THE RESPONSE TO CPA

The Response must clearly state the Response Due Date and Time identified on the Cover…