ESBD_521961_1780348749859_01 - RFP TxDMV North Dallas Metroplex RSC Lease.pdf

Rev. March 27, 2025

Daniel Avitia, Executive Director

Request for Proposals

Lease of Office Space for

North Dallas Metroplex Regional Service Center

RFP No. 608-26-97145-NDRSC

Date of Release: June 1, 2026

Responses Due: July 1, 2026, by 3:00 P.M. Central Time (Refer to Section 4.1, Schedule of Events, for procurement timelines)

NIGP Class/Item Code(s)

971-00, Real Property Rental or Lease

971-45, Office Space Rental or Lease

RESPONSES RECEIVED THAT ARE MISSING REQUIRED INFORMATION AND

DOCUMENTATION, UNSIGNED, OR AFTER THE DUE DATE AND TIME STATED ABOVE, WILL

NOT BE EVALUATED

Prepared and Posted by:

Jason Adams, MS, CTCM, CTCD

Texas Department of Motor Vehicles

Finance and Operations Division – Purchasing Section

4000 Jackson Avenue

Austin, Texas 78731 jason.adams@txdmv.gov mailto:jason.adams@txdmv.gov

TABLE OF CONTENTS

TABLE OF CONTENTS

ARTICLE I. GENERAL INFORMATION

1. Purpose

2. Agency Overview

3. Key Definitions

4. Response Collusion Prohibited

5. Legal Authority

ARTICLE II. PREMISES REQUIREMENTS

1. General Scope

2. Build Out Requirements for the Premises

3. Specifications

4. Location Requirements

ARTICLE III. CONTRACT AWARD AND TERM

1. Lease Agreement Award and Execution

2. Lease Agreement Term

3. Excess Obligations Prohibited

4. No Guarantee of Volume, Usage, or Compensation

ARTICLE IV. ADMINISTRATIVE INFORMATION

1. Schedule of Events

2. Ambiguity, Conflict, or Discrepancy

3. Inquiries

4. Pre-proposal Conference

5. Solicitation Response Composition

6. Solicitation Response Submission and Delivery

ARTICLE V. SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS

1. Best Value Standard

2. Best Value Determination

3. Right to Investigate Respondent’s Qualifications

ARTICLE VI. NARRATIVE PROPOSAL

1. Narrative Proposal

2. Other Reports

3. Corporate Guarantee

ARTICLE VII. REQUIRED RESPONDENT INFORMATION

1. Company Information

2. Relevant Real Property Experience

3. Premises Condition Statement

4. Evidence of Ownership or Control

5. Site Plan

6. Location

7. Zoning

8. References

9. Texas Franchise Tax; Right to Transact Business in the State

10. Litigation and Contract History

11. Escalation Protocol

12. Affirmations and Certifications

13. Secretary of State Certification

ARTICLE VIII. COST PROPOSAL AND PAYMENT

1. Cost Proposal Requirements

2. TxDMV Payment Options

3. Payment for Build Out Costs

4. Unidentified Costs

ARTICLE IX. GENERAL TERMS AND CONDITIONS

1. Changes, Modifications, and Cancellation

2. Conflicts of Interest and Disclosure of Interested Parties

3. Lease Agreement Responsibility

4. Cost Adjustments; Increases, Decreases, and Discounts

5. Costs Incurred

6. Future Contract Development

7. Insurance

8. Negotiating Terms and Conditions

9. Offer Period

10. Protest

11. Ties

12. Public Information Act: Respondent Requirements Regarding Disclosure

13. RESPONDENT’S WAIVER – INTELLECTUAL PROPERTY

14. Reporting Requirements

LIST OF EXHIBITS

TxDMV Respondent’s Solicitation Acceptance Form and Execution of Response

ARTICLE I. GENERAL INFORMATION

1. Purpose

The Finance and Operations Division - Purchasing Section (“Purchasing Section”) of the Texas Department of

Motor Vehicles (“TxDMV”) is soliciting Responses for lease of commercial office space. The requested space must be between 11,000 to 14,000 square feet of usable office space in the North Dallas Metroplex area, which will be used by TxDMV as the Dallas North Regional Service Center (“RSC”).

TxDMV will accept multiple Solicitation Responses from any single Vendor, in the event a Vendor desires to offer multiple lease properties meeting the requirements of this Solicitation, for consideration by TxDMV. Note:

As indicated below, TxDMV intends to award one Contract resulting from this Solicitation, for lease of a single Premises, which award is contingent upon approval of the TxDMV Executive Director or designee.

The Purchasing Section will administer the procurement process for this Solicitation, which includes Solicitation announcements and publications, vendor communications, receipt of Responses, screening of timely received

Responses, and facilitating the evaluation of qualified Responses. The Purchasing Section, in coordination with the TxDMV Office of General Counsel and the division for whom this Solicitation is being posted, manages the negotiation and execution of the Contract award, through the issuance of Contract documents, that may result from this Solicitation.

To be considered for award, a Respondent must execute Exhibit A, TxDMV Respondent’s Solicitation

Acceptance Form and Execution of Response, and provide all other required information and documentation as set forth in this Solicitation.

2. Agency Overview

TxDMV is a dynamic state of Texas (“State”) agency dedicated to responsive customer service, effective consumer protection, and ensuring the success of motor vehicle-related industries across the State.

The Agency’s mission is “to serve, protect and advance the citizens and industries in the state with quality motor vehicle related services.” This mission is underpinned by a commitment to responsible stewardship of State resources, operational excellence, maintaining accountability, and a focus on customer-centered service.

The Department’s governing board – composed of nine members appointed by the Governor – oversees policymaking to ensure TxDMV’s activities align with its statutory directives.

Agency staff administer key motor vehicle regulatory services for the State, including: vehicle registration and titling; vehicle dealer, manufacturer, and distributor licensing; issuance of oversize and overweight permits;

oversight of household goods movers; and awarding grants to local law enforcement to reduce vehicle-related crimes. Enforcement and compliance programs investigate consumer protection complaints related to motor vehicle sales, licensing, and advertising and review claims related to the Texas Lemon Law. Through extensive regulatory and oversight functions, TxDMV plays a vital role in supporting various aspects of Texas’ robust motor vehicle industry, ensuring both consumer protection and efficient service delivery.

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

3. Key Definitions

In this Solicitation, any Solicitation Response submitted, and any Contract that may result from this Solicitation, the following terms and acronyms have the definitions set forth below, unless the context clearly indicates otherwise. For additional terms and definitions that may be used within this Solicitation, please refer to Exhibit https://www.txdmv.gov/

B, Draft State Lease Agreement, including Attachment B, Premises Specifications. All other terms herein have their ordinary and common meanings.

Term Definition

The Americans with

Disabilities Act (“ADA”)

The civil rights law prohibiting discrimination against individuals with disabilities (See, 42 U.S.C. § 12101 et seq.).

Addendum

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

Award Consideration

Documents

The documents Respondent must submit as part of its Solicitation

Response to be considered for negotiations or award. May also be referred to as “AC.”

Business Day Any day (24-hour period) in which normal business operations of

TxDMV are conducted (e.g., excludes weekends and the national holidays specified in Texas Government Code, Section 662.003(a).

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

662.003.

Confidential Information

Any information that is proprietary or unique to TxDMV and that is disclosed by TxDMV to the Contractor during the Contract Term, including the following: matters of a technical nature such as processes;

devices; techniques; and data.

Contractor

The successful Respondent selected by TxDMV to lease the Premises to

TxDMV under the State Lease Agreement that may result from this

Solicitation, and is the person or entity who owns or controls the

Premises. Also may be referred to herein as “Lessor”.

Deliverables

The real property(ies), good(s), product(s), or Service(s), including all reports and Contract documentation, required to be prepared, developed, provided, or procured by Contractor under the Contract. May also be referred to in its plural form as “Deliverables.”

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

Electronic State Business

Daily (“ESBD”)

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

Exhibit

The document(s), schedule, specification, or any other material labeled as an “Exhibit” and attached hereto and incorporated by reference and made a part of this Solicitation. Any such Exhibit may, at the sole discretion of TxDMV, be included by reference and made part of any

Contract that may result from this Solicitation, with the same force and effect as if physically attached to and expressly stated within the

Contract. References to an Exhibit in this Solicitation or any resulting

Contract will be deemed to include all terms, conditions, and requirements set forth in such Exhibit. Also known in its plural form as http://www.txsmartbuy.com/esbd

“Exhibits.”

Final Written Response

Score

The final numerical score assigned to a Respondent’s Solicitation

Response, as determined through the formal evaluation process outlined in this Solicitation.

Fiscal Year The Texas state fiscal year from September 1st through August 31st of each year. May also be referred to as “State Fiscal Year” or “Texas

Fiscal Year.” This term is not to be confused with calendar year or federal fiscal year.

Lease The formal renting of the Premises for TxDMV under a State Lease

Agreement entered by the state of Texas and the Contractor.

Party or Parties TxDMV or Respondent, separately or collectively.

Premises

The commercial office space that is the subject of a State Lease

Agreement awarded under this Solicitation conveying rights of use and possession by the Property owner or controller to the state of Texas, for use by TxDMV, in exchange for payment of funds by TxDMV for and on behalf of the state of Texas.

Property The entire real estate asset, including land and structures, owned or controlled by the Contractor, within which lies the leased Premises.

Rent

Funds owed to the Lessor by the State of Texas for conveyance of rights to TxDMV for use and possession of the Premises; rent excludes any payment for Lease Space Costs.

Respondent

The individual, business, or entity that submitted a Response to this

Solicitation. The Respondent is responsible for providing all required information, documentation, and certifications as specified in this

Solicitation, and their submission constitutes an offer to fulfill the requirements set forth in this Solicitation and associated documents. The term also includes anyone acting on behalf of the individual, business, or entity that submits the Response, such as an employee, authorized representative, agent, officer, director, principal, partner, owner, or any other person or entity authorized to represent or act for the Respondent in connection with this Solicitation.

Response

The bid, proposal, or offer submitted by the Respondent to TxDMV in answer to this Solicitation, including all required and supplemental information, materials, exhibits, and attachments thereto. The Response encompasses every document or item provided as part of the

Respondent’s submission, whether required by this Solicitation or voluntarily included by the Respondent to clarify or enhance its offer.

May also be referred to as “Respondent’s Response” or “Solicitation

Response.”

Solicitation

This Request for Proposals, along with all documents referenced in or attached to this Solicitation, and any addenda issued by TxDMV and posted to the ESBD, soliciting responses for the proposed Deliverables set forth herein. The term also includes any documents or communications submitted or issued by TxDMV under which the

Deliverables provided under any Lease Agreement that may result from this Solicitation were initially requested. May also be referred to as

“RFP.”

Solicitation Consideration

(“SC”) Documents

Documents that must be submitted by Respondent with the Solicitation

Response to be considered for evaluation and cannot be resubmitted or have errors remedied after the submission due date and time in the

Schedule of Events has passed.

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

State Lease Agreement

The legally binding contract entered by TxDMV and the Premises owner or controller (lessor/landlord), granting TxDMV the right to possess and use the Premises for a specified period. May also be referred to as “Lease

Agreement”. Note: the Parties will use the TxDMV developed Exhibit

B, Draft State Lease Agreement, including all attachments thereto, to enter a Lease transaction for the lease of any Premises under this

Solicitation.

Statement of Work The Statement of Work, Scope of Work, Statement of Services to be

Performed, or Scope of Services to be Preformed, that provides the description of requirements and specifications for the Deliverables as outlined within this Solicitation and any resulting Lease Agreement, if any, that Contractor is required to provide under any Lease Agreement that may result from this Solicitation. May also be referred to as “SOW.”

Subcontractor Any individual or entity that enters into a contract with Contractor to perform part of or all of the obligations of Contractor to TxDMV under any Lease Agreement that may result from this Solicitation. This term also includes the Subcontractor’s employees or contractors.

The Texas Accessibility

Standards (“TAS”)

The Texas Accessibility Standards (See, the Texas Architectural Barriers

Act, Chapter 469 of the Texas Government Code).

Texas Identification

Number System (“TINS”)

The number that is issued by the Texas Comptroller of Public Accounts and used to identify entities for tax-related purposes.

Texas Department of

Motor Vehicles

(“TxDMV”)

The Texas Department of Motor Vehicles, the State agency established under Chapter 1001 of the Texas Transportation Code and is issuing this

Solicitation. May also be referred to as “Department” or “Lessee”.

TxDMV

Headquarters (“HQ”)

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

3700-4000 Jackson Avenue, Austin, Texas 78731.

Vendor

An individual, business, or entity that supplies real property, goods, products, or services, and may be a potential Respondent to this

Solicitation. This term encompasses any party eligible to receive and respond to this Solicitation, including manufacturers, distributers, suppliers, service providers, contractors, or consultants. A vendor may participate individually or as part of a joint venture or partnership, and may act directly or through authorized representatives, agents, or subcontractors during the Solicitation process.

VPTS

The Vendor Performance Tracking System, maintained by the Statewide

Procurement Division of the Texas Comptroller of Public Accounts, is a comprehensive online tool that shares vendor performance information between State agencies and public institutions of higher education.

Additional information regarding VPTS may currently be accessed at:

https://www.txsmartbuy.com/vpts.

4. Response Collusion Prohibited

A Respondent, including its officers, partners, owners, agents, representatives, personnel, or subcontractors, must not collude, conspire, connive, or agree, directly or indirectly, with any other Respondent, firm, or individual, in developing or submitting a Response to this Solicitation. Additionally, a Respondent must not, directly or indirectly, seek by agreement or collusion with any other Respondent, firm, or individual, to fix pricing offered in Response to this Solicitation, or to secure any advantage in the award of a Lease Agreement resulting from this

Solicitation. If it is determined by TxDMV, in its sole discretion, that a violation of this collusion prohibition clause has occurred, TxDMV may terminate any Lease Agreement resulting from this Solicitation for cause, withhold any payment due, and the Respondent waives any recourse against TxDMV arising from such termination or withholding.

5. Legal Authority

TxDMV issues this Solicitation with the necessary delegated authority from the Texas Comptroller of Public

Accounts’ Statewide Procurement Division, as outlined in Section 2155.131 of the Texas Government Code and

Title 34 of the Texas Administrative Code, Part 1, Chapter 20, Subchapter B, Division 1, § 20.82. Any Lease

Agreement that may result from this Solicitation will be awarded in accordance with Chapters 2155 and 2167 of the Texas Government Code and Chapter 1001 of the Texas Transportation Code. Accordingly, any Lease transaction will be entered by TxDMV in accordance with its statutory authority under Subchapter F, Chapter

1001 of the Texas Transportation Code.

ARTICLE II. PREMISES REQUIREMENTS

1. General Scope

TxDMV requires 11,000 to 14,000 square feet of commercial office space (the “Premises”, see also Section 1.3, above) to lease in the North Dallas Metroplex area. The Premises will be used as the Dallas North Regional

Service Center (and will replace the Dallas North Regional Service Center previously located in Carrollton, Texas). The RSC will serve the public, to include replacement of vehicle titles; bonded vehicle title rejection letters; apportioned registration (Invoice Registration Portal credentials and temporary operating authority for established accounts); investigating and resolving Texas vehicle title errors; and vehicle transfer notifications.

The RSC will also serve county tax offices. The counties served by the RSC (both the public and county tax offices) will be Collin, Fannin, Grayson, Hunt, Kaufman, and Rockwall. All Responses must meet the requirements outlined in this Solicitation to be considered for evaluation by TxDMV.

2. Build Out Requirements for the Premises

See Section 10.26 Build Out to the Premises, within Exhibit B, Draft State Lease Agreement.

3. Specifications https://www.txsmartbuy.com/vpts

The Premises provided must be in accordance with the specifications herein. See also Exhibit C, Premises Space

Programming and Attachment B, Premises Specifications, to Exhibit B, Draft State Lease Agreement, for full Premises requirements.

4. Location Requirements

The proposed commercial office space (“Premises”) must be located within any of the following zip codes: 75206, 75209, 75220, 75225, 75229, 75230, 75231, 75238, 75240, 75243, 75244, 75248, 75251, 75252, 75254, and

75287.

ARTICLE III. CONTRACT AWARD AND TERM

1. Lease Agreement Award and Execution

Exhibit B, Draft State Lease Agreement, including Attachment B, Premises Specifications, will be utilized by TxDMV and the Premises Owner to enter the Lease transaction. THE STANDARD LANGUAGE WITHIN

THE LEASE IS NOT NEGOTIABLE.

TxDMV intends to award one Lease Agreement resulting from this Solicitation. Any award is contingent upon approval of the TxDMV Executive Director or designee.

If, for any reason, a final Lease Agreement cannot be executed with the selected Respondent within 10 business days of TxDMV’s determination to contract with that Respondent, TxDMV reserves the right to: (i) negotiate a

Lease Agreement with the next highest-scoring Respondent; or (ii) withdraw, modify, or partially award this

Solicitation.

Responses to this Solicitation must be based on the terms, conditions, and specifications set forth herein. A successful Respondent’s Solicitation Response does not become a binding or enforceable Lease Agreement until both Parties execute a Signature Document, or, where applicable, the Contractor accepts the issued Purchase

Order as demonstrated by its written acceptance or performance. The award of any Lease Agreement that may result from this Solicitation will be based on the evaluation of all compliant Solicitation Responses received, using the applicable best value factors and corresponding weights detailed in Article V, Solicitation Response

Evaluation and Award Process.

2. Lease Agreement Term

The initial term of any Lease Agreement that may result from this Solicitation is anticipated to be from the agreement Effective Date until August 31, 2036, unless extended, renewed, or terminated sooner in accordance with the terms and conditions of the Lease Agreement. TxDMV, at its sole discretion, may extend or renew any

Lease Agreement awarded pursuant to this Solicitation for any period(s) of time, provided the Lease Agreement term, including all extensions or renewals, do not exceed 10 years.

Following the initial term and any allowable extension or renewal periods, and with at least 30 calendar days advance written notice to the Contractor, TxDMV, in its sole discretion, may extend any Lease Agreement that may result from this Solicitation beyond the initial term and all extension or renewal periods, in whole or in part, for up to 12 months or for such time deemed necessary to ensure continuity of service, to process a new solicitation, to secure a new contract, for transitioning to a new vendor, or as otherwise determined by TxDMV to serve the best interests of the State.

The Respondent, in submitting a Response to this Solicitation, acknowledges and agrees that TxDMV is not responsible for payment of any costs or other amounts incurred by the Contractor before the Effective Date of any Lease Agreement that may result from this Solicitation or after the Lease Agreement ceases to be effective.

3. Excess Obligations Prohibited

The Lease Agreement is subject to termination or cancellation, without penalty to TxDMV, either in whole or in part, subject to the availability of United States and/or State funds. TxDMV is a State agency whose authority and appropriations are subject to actions of the Texas Legislature. If TxDMV becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either TxDMV’s or Contractor’s delivery or performance under the Lease Agreement impossible or unnecessary, the Lease Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this

Section, TxDMV will not be liable to Contractor for any damages that are caused or associated with such termination or cancellation, and TxDMV will not be required to give prior notice.

4. No Guarantee of Volume, Usage, or Compensation

TxDMV makes no guarantee of volume, usage, or total compensation to be paid to any Respondent under any

Lease Agreement awarded as a result of this Solicitation. Any awarded Lease Agreement resulting from this

Solicitation is subject to appropriations and the continuing availability of funds.

TxDMV reserves the absolute right to cancel, make partial award, or decline to award a Lease Agreement under this Solicitation at any time at its sole discretion.

ARTICLE IV. ADMINISTRATIVE INFORMATION

1. Schedule of Events

Event Date/Time

Solicitation Posting Date June 1, 2026

Pre-proposal Conference (Attendance is Optional)

June 11, 2026, at 10:00 AM Central Time

Deadline for Submitting Questions or Requests for

Clarification June 17, 2026, at 3:00 PM Central Time

Tentative Date Responses to Questions or Requests for

Clarification Posted on Electronic State Business Daily June 22, 2026, at 4:00 PM Central Time

Deadline for Submission of Solicitation Responses (Responses must be received by TxDMV by this deadline.)

July 1, 2026, at 3:00 PM Central Time

Tentative Evaluation Period July 6, 2026 to July 17, 2026

Tentative Negotiation Period July 20, 2026 to July 31, 2026

Anticipated Lease Agreement Start Date August 7, 2026

Respondent must submit its Solicitation Response to TxDMV in accordance with the due date and time indicated in the Schedule of Events above or as changed via an Addendum posted to the Electronic State Business Daily

(“ESBD”).

For the avoidance of doubt, all dates and times herein are tentative and TxDMV reserves the absolute right to modify these dates at any time. At the sole discretion of TxDMV, events listed in the Schedule of Events are subject to scheduling changes and cancellation. Scheduling changes or cancellation determinations made prior to the deadline for submission will be published by posting an Addendum to the ESBD. After the deadline for submission, if there are delays that significantly impact the anticipated award date, TxDMV, at its sole discretion, may post updates regarding the anticipated award date to the ESBD. Each Respondent is solely responsible for checking the ESBD for updates. A Respondent’s failure to check the ESBD does not release it from the requirements of any Addenda nor permit it to increase or withdraw its Response.

If a Respondent has submitted its Response prior to an addendum being posted to the ESBD, the Respondent may email the signed Addendum to the Sole Point of Contact, identified in Section 4.3.A, with a copy to purchasing@txdmv.gov before the Response Deadline.

When submitting a Response, the Respondent must acknowledge each Solicitation Addendum, if any, by returning a signed copy of the Addendum with its Response. Failure to comply with this requirement may result in disqualification of the Response.

By submitting a Solicitation Response, Respondent represents and warrants that any individual submitting the

Solicitation Response and any related documents on behalf of the Respondent is authorized to do so and to bind the Respondent under any Lease Agreement that may result from this Solicitation.

2. Ambiguity, Conflict, or Discrepancy

Respondents must notify the Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specifications, omission, or other error in the Solicitation in the manner and by the Deadline for Submitting

Solicitation Questions and Requests for Clarification:

A. If a Respondent fails to properly and timely notify the Sole Point of Contact of such issues, the Respondent submits its Response at its own risk.

B. If a Respondent is awarded a Lease Agreement, it:

1. will have waived any claim of error or ambiguity in the Solicitation, and any Lease Agreement resulting from this Solicitation;

2. will not contest the interpretation by TxDMV of such provision(s); and

3. will not be entitled to additional compensation relief, or time by reason of ambiguity, error, or later correction.

3. Inquiries

A. Sole Point of Contact

The Sole Point of Contact for communications, including requests, questions or clarifications, concerning this

Solicitation, or any other matter related thereto, designated by TxDMV, is the following individual:

Sole Point of Contact mailto:purchasing@txdmv.gov

Jason Adams, MS, CTCD, CTCM

Texas Department of Motor Vehicles

Finance and Operations Division – Purchasing Section

4000 Jackson Avenue

Austin, Texas 78731 jason.adams@txdmv.gov

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

Solicitation must clearly identify which section, subsection, and paragraph of the Solicitation or Attachment is being referenced. All other communications between a Vendor, its employees, officials, agents, and subcontractors, and any other TxDMV staff concerning this Solicitation are strictly prohibited. Failure to comply with these requirements may result in disqualification of the Response.

All communications concerning this Solicitation must be submitted on or before the “Deadline for Submitting

Questions or Clarifications” as noted in the Schedule of Events. Verbal inquiries related to this Solicitation are not acceptable and will receive no response, nor will Vendor communications received after the deadline referenced in the proceeding sentence be answered. Vendor communications pertaining to this Solicitation must include the Solicitation number, title, and the Deadline for Submission of Solicitation Responses date identified in the Schedule of Events (the “Response Deadline”) in the email subject line. TxDMV’s responses to questions or clarifications concerning this Solicitation, if any, will be answered by an Addendum by the Tentative Date for

Responses to Questions or Clarifications or as soon as practical.

B. Prohibited Communication

Except as provided in Section 4.3.A, Sole Point of Contact, and Section 4.3.C, Exception to Sole Point of Contact, Vendors and each Respondent are prohibited from any communication with TxDMV regarding this Solicitation.

TxDMV, its employee(s), representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any Vendor, Respondent, or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondents may rely only on written statements issued by or through TxDMV designated staff as provided by Section 4.3, Inquiries. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this

Solicitation. Failure to comply with these restrictions may, in the sole discretion of TxDMV, result in the immediate disqualification of the Respondent’s Solicitation Response.

C. Exception to Sole Point of Contact

If applicable to this Solicitation, the only exceptions to the Sole Point of Contact are as follows:

1. Where it is expressly directed by the Sole Point of Contact that another designated TxDMV representative may speak to the Respondent, such as during Lease Agreement negotiations. The

Respondent is required to ensure that communications have been authorized by the Sole Point of

Contact before engaging in such communication. Failure to comply with this requirement may, in the sole discretion of TxDMV, result in the disqualification of the Respondent’s Solicitation

Response.

D. Solicitation Questions and Answers mailto:Jason.adams@txdmv.gov

Respondent has the opportunity to submit written questions and requests for clarification prior to the submission of its Response. TxDMV will respond to questions and requests for clarification received no later than the date and time specified in Section 4.1, Schedule of Events. All questions and requests for clarification must be submitted utilizing Exhibit K, Questions and Answers Form.

TxDMV reserves the right to amend previously posted answers prior to the deadline for submission specified in

Section 4.1, Schedule of Events. Any amended answers will be posted on ESBD. It is the Respondent’s sole responsibility to monitor the ESBD for updates. TxDMV also reserves the right, at its sole discretion, to provide a single consolidated response to all similar questions.

All questions or requests for clarification received after the deadline in Section 4.1, Schedule of Events, may be reviewed by TxDMV but may not be answered. Only answers to questions or requests for clarification submitted to the Sole Point of Contact in writing, in accordance with this Section, are binding.

TxDMV will respond to all questions and requests for clarification as follows:

i. TxDMV will respond to Respondent inquiries in accordance with this Section via e-mail.

ii. TxDMV will consolidate all written questions received from a Respondent.

iii. A Respondent will receive a copy of the consolidated questions or requests for clarification submitted, with TxDMV’s responses, in the format of an Addendum.

iv. TxDMV responses to written questions and requests for clarification will be consolidated, de-identified, and provided as an Addendum to this Solicitation to all Respondents.

v. TxDMV reserves the right to amend answers previously provided, prior to the Response deadline, with amended answers provided as an Addendum to the Solicitation.

vi. By submission of an inquiry, the Respondent acknowledges that the applicable inquiry and official answer may be shared with other Vendors and therefore Respondent must not include any confidential or proprietary information in such inquiries.

vii. TxDMV staff will not identify the Respondent that submitted any particular inquiry.

4. Pre-proposal Conference

TxDMV will conduct a pre-proposal conference. Attendance is optional but highly recommended.

In-person attendees are required to sign an attendance log prior to leaving the pre-proposal conference. Attendees to virtual pre-proposal conferences are required to send an email to the Sole Point of Contact, identified in Section

4.3.A, advising of participation in the pre-proposal conference. Attendees must provide their name, phone number, and name of the company, if applicable, they are representing regardless of whether the pre-proposal conference is in-person or virtual.

The attendance log (in-person) and or emails and webinar logs (virtual) received from attendees will be used by

TxDMV to confirm the attendance of a Respondent submitting a Solicitation Response.

A. Questions at Pre-Proposal Conference

1. Reference Section 4.3.D, Solicitation Questions, for the required format and information to be provided for submission of questions and requests for clarification.

2. Attendees may submit questions in writing at the conference. All questions must be in the required format and include the information as referenced in Section 4.3.D, Solicitation Questions.

3. During the conference, TxDMV may provide responses to questions and requests for clarification, but only written responses posted by TxDMV as an Addendum to the Solicitation on the ESBD will be considered an official, binding update to the Solicitation.

4. TxDMV reserves the right to amend, prior to the deadline for submission specified in Section 4.1, Schedule of Events, answers previously posted. Amended answers will be posted on the ESBD.

Notification of posting will be in accordance with Section 4.1, Schedule of Events.

5. Conversations with TxDMV program area staff before or after the pre-proposal conference are prohibited. Failure to comply with this restriction may, in the sole discretion of TxDMV, result in the disqualification of the Respondent’s Solicitation Response.

5. Solicitation Response Composition

A. General Information

Failure to submit all required Solicitation Response documents in the required format(s) may result in disqualification of the Solicitation Response without further consideration (Section 4.6.C, Submission Checklist).

Respondent will prepare a Solicitation Response that clearly and concisely represents its qualifications and capabilities. Expensive bindings, colored displays, promotional materials, etc. are not necessary or desired.

Respondent should focus on the instructions and requirements of the Solicitation.

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

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

Response Deadline. Late Responses will be disqualified.

B. Page Limit and Supporting Documentation

The narrative/technical proposal should not exceed 100 pages and should be formatted for 8 ½" x 11" paper with

1-inch margins and typed in Times New Roman, Arial, or Verdana 12-point font. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the

Solicitation Response, with specific reference made to the file, page, section, and/or paragraph where the supporting information can be found.

C. Discrepancies

In the event of any discrepancies or variations between copies, TxDMV is under no obligation to resolve the inconsistencies and may make its scoring and selection decisions accordingly, including the decision to potentially disqualify a Solicitation Response. If Respondent is required to designate an ‘original’ Solicitation Response but fails to do so, TxDMV, in its sole discretion, will determine the version to be used as the original or may disqualify the Solicitation Response. If the Respondent submits a redacted Solicitation Response as the Original, TxDMV will disqualify the Solicitation Response and it will not be evaluated. TxDMV will not accept submissions after the “Deadline for Submission of Solicitation Responses” in the Schedule of Events (Section 4.1) to remedy discrepancies or variations in Solicitation Response submissions.

D. Exceptions and Assumptions

Respondent is highly encouraged, in lieu of including exceptions in its Solicitation Responses, to address all issues that might be advanced by way of exception by submitting such issues as questions or requests for clarification pursuant to Section 4.3.D (Solicitation Questions).

Furthermore, TxDMV must reject any Response that includes exceptions or assumptions that materially change the specifications or requirements of the Solicitation. TxDMV reserves the right to accept or reject any exceptions, assumptions, or additions. Any exceptions, assumptions, or additions to the terms, conditions, or specifications contained in this Solicitation, including all attachments thereto, by a Respondent and submitted with its Response are deemed rejected by TxDMV and will not become part of any Lease Agreement that may result from this

Solicitation, unless TxDMV expressly agrees to such exceptions, assumptions, or additions in writing. For the avoidance of doubt, the execution of a written Lease Agreement or issuance of a PO by TxDMV that may or may not reference the Respondent’s Response is not sufficient to, and does not, demonstrate TxDMV’s acceptance of any exceptions, assumptions, or additions in the Response, unless expressly stated. Any exception, assumption, or addition included in a Solicitation Response may result in a Respondent not being awarded a Lease Agreement.

If a Respondent includes assumptions (business, economic, legal, programmatic, practical, or otherwise) in its

Solicitation Response, Respondent is required to use the Assumptions Form included as Exhibit F to this

Solicitation and provide all information requested on the form. Any assumption that does not provide all required information in the format set forth in Exhibit F may be rejected without consideration.

If a Respondent includes exceptions in its Solicitation Response, Respondent is required to use the Exceptions

Form included as Exhibit G to this Solicitation and provide all information requested on the form. Any exception that does not provide all required information in the format set forth in Exhibit G may be rejected without consideration.

E. Binding Offer

A Solicitation Response should be responsive to the Solicitation as worded and without any assumption that any or all terms, conditions, or provisions of the Solicitation will be negotiated. Furthermore, all Solicitation

Responses constitute binding offers. Any Solicitation Response that includes any type of disclaimer or other statement indicating that the Response does not constitute a binding offer will be disqualified.

If a Respondent’s ability to enter into a Lease Agreement is contingent upon any exception or assumption provided in accordance with Section 4.5.D (Exceptions or Assumptions), the Respondent may be disqualified from further consideration for Lease Agreement award.

6. Solicitation Response Submission and Delivery

A. Deadline

Solicitation Responses must be received at the address on the Cover Page and time-stamped by TxDMV no later than the date and time specified in Section 4.1 (Schedule of Events).

Solicitation Responses received after the deadline specified in Section 4.1 will be rejected and not considered for

Lease Agreement award.

BE ADVISED, all Solicitation Responses become the property of TxDMV after submission and will not be returned to the Respondent. It is the Respondent’s responsibility to appropriately mark and deliver the Solicitation

Response to TxDMV by the specified date. A dated shipping label, invoice of receipt from a USPS or commercial carrier, or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Each Respondent is solely responsible for ensuring its Solicitation Response is submitted in accordance with all

Solicitation requirements, including, but not limited to, proper labeling of packages, sufficient postage or delivery fees, and ensuring timely receipt by TxDMV.

In no event will TxDMV be responsible or liable for any delay or error in delivery. Solicitation Response must be RECEIVED by TxDMV by the Solicitation Response Deadline identified in Section 4.1 (Schedule of Events).

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

Providers may limit file sizes on outgoing emails.

B. Submission

Respondent will submit the following via email to jason.adams@txdmv.gov with a copy to purchasing@txdmv.gov:

1. One file named “Original” that contains the Respondent’s entire Solicitation Response (except the cost proposal) in searchable portable document format (PDF), unless otherwise specified for a particular attachment or exhibit.

2. If applicable in accordance with Section 9.12, (Public Information Act – Respondent Requirements

Regarding Disclosure), one file named “Public Information Act Copy” that contains the Respondent’s entire Solicitation Response, including all exhibits and attachments, in searchable PDF.

3. In accordance with Section 8.1, (Cost Proposal Requirements), one file named “Cost Proposal” that contains the Respondent’s cost proposal in Excel format with active formulas (compatible with

Microsoft Office 2016).

4. Responses, including all documents required by this Solicitation, should be submitted in Microsoft

Office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft

Office® software, or Adobe® portable document format (“PDF”). All documents with signatures will be submitted as a PDF file. TxDMV is not responsible for documents that cannot be read or converted.

Unreadable Responses may, in TxDMV’s sole discretion, be rejected as nonresponsive.

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

“RFP No. 608-26-97145-NDRSC, Lease of Office Space for North Dallas Metroplex Regional Service

Center [Respondent’s Name Here]”

C. Submission Checklist

Solicitation Consideration and Award Consideration Documents (reference Section 1.3 (Key Definitions)) must be submitted by the deadline for Solicitation Response submissions (reference Section 4.1 (Schedule of Events).

Solicitation Consideration Documents will be reviewed as received, and Respondent will not have an opportunity to remedy missed requirements. At its sole discretion, TxDMV may request a Respondent to remedy missing elements of Award Consideration Documents. Those marked “SC” are Solicitation Consideration Documents and those marked “AC” are Award Consideration Documents.

mailto:jason.adams@txdmv.gov%20 mailto:%20purchasing@txdmv.gov mailto:%20purchasing@txdmv.gov

The Solicitation Response must be submitted using one of the approved methods identified in Section 4.6, (Solicitation Response Submission and Delivery). Below are the documents required to be submitted with the

Solicitation Response. Where searchable PDF files are required, submission of non-searchable (image only) PDF files may result in disqualification from further consideration for Lease Agreement award.

BE ADVISED, all Solicitation Responses become the property of TxDMV after submission and will not be returned to the Respondent. It is the Respondent’s responsibility to appropriately mark and deliver the Solicitation

Response to TxDMV by the specified date. A dated shipping label, invoice of receipt from a USPS or commercial carrier, or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

Each Respondent is solely responsible for ensuring its Solicitation Response is submitted in accordance with all

Solicitation requirements, including, but not limited to, proper labeling of packages, sufficient postage or delivery fees, and ensuring timely receipt by TxDMV. In no event will TxDMV be responsible or liable for any delay or error in delivery. Solicitation Response must be RECEIVED by TxDMV by the Solicitation Response Deadline identified in Section 4.1.

Solicitation Responses submitted via USB by mail or hand delivery must be placed in a sealed package. The sealed package and the USB drives must be clearly labeled on the outside as follows:

Solicitation No: RFP No. 608-26-97145

Item Section SC/AC

1. Narrative Proposal (Section 6.1) SC

2. Financial (Other) Reports (Section 6.2) AC

3. Company Information (Section 7.1) SC

4. Relevant Real Property Experience (Section 7.2) AC

5. Premises Condition Statement (Section 7.3) AC

6. Evidence of Ownership or Control (Section 7.4) AC

7. Site Plan (Section 7.5) AC

8. Location (Section 7.6) AC

9. Zoning (Section 7.7) AC

10. References (Section 7.8, Exhibit H) AC

11. Franchise Tax Information (Section 7.9) AC

12. Exhibit A, TxDMV Respondent’s

Solicitation Acceptance Form and

Execution of Response

(Exhibit A) SC

13. Assumptions (if applicable) (Section 4.5.D, Exhibit F) AC

14. Exceptions (if applicable) (Section 4.5.D, Exhibit G) AC

15. Secretary of State Certification (Section 6.13) AC

16. Cost Proposal Worksheet (Exhibit D; Section 8.1) SC

17. Litigation and Contract History Section 7.10 AC

18. Respondent’s Disclosure of Potential

Conflicts of Interest Form

Exhibit E

SC

19. Escalation Protocol Section 7.11 AC

Solicitation Name [RFP Name]

Solicitation Response Deadline [Date and Time]

Purchaser Name: Jason Adams, MS, CTCM, CTCD

Respondent Name: [Respondent Name]

It is Respondent’s sole responsibility to ensure that packaging is sufficient to prevent damage to contents. TxDMV will not be responsible or liable for any damage, and damaged Solicitation Responses will not be considered at

TxDMV’ sole discretion.

TxDMV will not be held responsible for any Solicitation Response that is mishandled prior to receipt by TxDMV.

It is the Respondent’s sole responsibility to mark appropriately and deliver the Solicitation Response to TxDMV by the specified date and time. TxDMV will not be responsible for late delivery, inappropriately identified documents, or other submission errors that may lead to disqualification or nonreceipt of the Respondent’s

Solicitation Response.

D. Modifications and Withdrawals

Prior to the Solicitation Response deadline for submission in Section 4.1 (Schedule of Events), Respondent may:

(1) withdraw its Solicitation Response by submitting a written request to the Sole Point of Contact identified in

Section 4.3.A (Sole Point of Contact); or (2) modify its Solicitation Response by submitting a written amendment to the Sole Point of Contact identified in Section 4.3.A (Sole Point of Contact). When modifying its Solicitation

Response, Respondent must include in writing the section(s) of its submission that will be replaced or removed by the amendment.

ARTICLE V. SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS

1. Best Value Standard

Solicitation Responses will be evaluated in accordance with Section 2167.0021 of the Texas Government Code.

TxDMV is not obligated to select the lowest-priced Solicitation Response but will make an award, if any, to the

Respondent that provides the best value to the State.

2. Best Value Determination

A. Selection Methodology. Solicitation Responses that meet the minimum qualifications will be submitted to the evaluation team for review and scoring. Each member of the evaluation team will receive a copy of each responsive Solicitation Response. The evaluators will review the Solicitation Responses considering the criteria listed in Section 5.2(E), Written Response Evaluation Criteria, and will individually score the

Solicitation Responses. This procurement will utilize an aggregated individual evaluation methodology as outlined by this Subsection.

The following subsections describe the evaluation process, including any criteria for advancement to the various phases of evaluation, if applicable.

B. Minimum Qualifications. Respondent must meet the minimum qualifications listed below.

i. Respondent’s proposed property must be between 11,000 to 14,000 square feet in size;

ii. Respondent must be authorized to do business in the State;

iii. Respondent must have recently been in business for a minimum of 5 years;

iv. Respondent or Subcontractor personnel assigned to provide the Services must be at least 18 years of age;

v. Respondent must be financially solvent and adequately capitalized, as determined based on a review of documentation required by Section 6.2, Other Reports;

vi. Respondent has submitted the Solicitation Response in accordance with Section 4.6, Solicitation

Response Submission and Delivery, including all Solicitation Consideration and Award

Consideration Documents (See Section 4.6.C, Submission Checklist);

vii. Compliance with Sections 7.3, Premises…