ESBD_556606_1788533012009_1_Part A 304T-27-070A1 Heavy Trucks.pdf

Solicitation No. 304T-27-070A1 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Heavy Trucks

IFB No. 304T-27-071A1

NIGP CLASS-ITEMS

072-06 072-07

072-08

SCHEDULE OF EVENTS

ESBD Posting Date September 4, 2026 HUB Subcontracting Plan Courtesy Review Submission Deadline Date

September 25, 2026

Pre-Bid Conference Date and Time September 10, 2026 @ 11:30 am Questions Submission Deadline Date September 16, 2026 Response to Questions through Addendum Date, or as soon thereafter as practical

September 18, 2026

RESPONSE DUE DATE October 6, 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

COMMUNICATION 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

HUB SUBCONTRACTING PLAN – Reference Section A.12

MANDATORY PRICE SHEET

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

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

ATTACHMENT F – TEXAS FLEET SPECIFICATIONS AND REQUIREMENTS HEAVY

TRUCKS (required on truck series for which a Response has been provided) – Reference A.16.7

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.

FRANCHISED MOTOR VEHICLE DEALER LICENSE

BUILD SHEETS & DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

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

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 TEXAS SMARTBUY ONLINE ORDERING SYSTEM

A.4.2 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION

A.5.3 PRICE ADJUSTMENT REQUESTS

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 REFERENCED BRAND EXAMPLE

A.7.2 RESPONSE REQUIREMENTS

A.7.3 SPECIFICATIONS

A.7.4 INTENT OF SPECIFICATIONS

A.7.5 CONDITION OF PRODUCTS

A.7.6 QUANTITIES

A.7.7 ADDING NEW VEHICLE MODELS

A.7.8 WARRANTY REQUIREMENTS

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 PRE-DELIVERY SERVICE, ACCEPTANCE, AND DOCUMENTATION

A.8.2 DELIVERY REQUIREMENTS

A.8.3 DELIVERY SCHEDULE

A.8.4 DELIVERY DELAY PENALTIES

A.8.5 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 CUSTOMER RESPONSIBILITY

A.10.4 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.5 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-BID CONFERENCE

A.11.6 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 VETHUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

A.14.3 BEST VALUE

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A.14.4 TIES

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

A.15.4 SUBSTITUTIONS

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D - INSURANCE STATEMENT OF INTENT

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

A.16.7 ATTACHMENT F - TEXAS FLEET SPECIFICATIONS AND REQUIREMENTS HEAVY TRUCKS

A.16.8 VETHUB SUBCONTRACTING PLAN (HSP) - REFERENCE SECTION A.12

A.16.9 MANDATORY PRICE SHEET

A.16.10 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.11 FRANCHISED MOTOR VEHICLE DEALER

A.16.12 BUILD SHEET(S), MSRP, AND OTHER DOCUMENTATION FOR EACH VEHICLE OFFERED

A.16.13 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

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

TERM DEFINITION

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

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA

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

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

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.

GVWR Gross Vehicle Weight Ratio MSRP Manufacturer’s Suggested Retail Price OEM Original Equipment Manufacturer, refers to manufacturer of vehicle Party or Parties Either CPA or Respondent, separately or collectively.

Required Features

A feature or option that shall be included in the base price of a vehicle. Feature may or may not be a standard feature of the OEM base vehicle.

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

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

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

Working Day A calendar day, not including Saturdays, Sundays, or regularly observed state and federal holidays.

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for heavy trucks.

Major customers for these items are State of Texas Agencies, Higher Education, and Cooperative Purchasing (CO-OP) Program Members.

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 December 31, 2027.

Renewal Option: January 1, 2028, through December 31, 2028

CPA may unilaterally renew the Contract.

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A.4 PRICING

A.4.1 Texas SmartBuy Online Ordering System

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

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

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

A.4.2 Pricing Structure – Firm Price with Escalation

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

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

A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

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

spd.cmo@cpa.texas.gov

A.5.2 Price Adjustment Calculation

Prices may be adjusted 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

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OEM Options and Services:

Producer Price Index: PCU33612-33612- Heavy duty truck manufacturing

Non-OEM Options and Services:

Producer Price Index: PCU3362113362115 Other truck and vehicle bodies, sold separately.

Or other appropriate PPI agreed upon by Contractor and CPA

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

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

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

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

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

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

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

A.5.3 Price Adjustment Requests

Proposed pricing must remain firm for the model year of vehicle bid. At model year changeover, 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

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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.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See Section A.16.9. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

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

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Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Commercial General Liability (Occurrence based)

$500,000 Each Occurrence Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles (Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

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

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, to include the following address: State of Texas, P.O. Box 13528, Austin, TX 78711-3528;

(3) name the state of Texas, its officers and employees as additional insureds on all policies;

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.

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

Contractor shall:

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

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

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

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Referenced Brand Example

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

A.7.2 Response Requirements

The Texas Fleet Specifications and Requirements, Heavy Trucks, Attachment F (“the Specifications”), contain comprehensive fleet specifications developed by the State of Texas, with input from the Original Equipment Manufacturers (OEMs) and key statewide stakeholders.

1. Required Features. The Specifications require certain accessories and options to be included on a vehicle provided under this Contract and shall be included in the base price. These will be referred to as Required Features. Required Features may vary from series to series and include items such as automatic transmission, minimum quantity of keys and remotes, back-up cameras, etc.

Respondents shall familiarize themselves with the Required Features prior to submitting a bid.

2. Delivery of Standard Equipment and Required Features. Contractors shall not fail to provide OEM standard equipment and Required Features, unless specifically requested by Customer.

Respondents shall submit with their response a detailed list of all standard equipment and factory-installed options or accessories for the base model vehicle being offered in each series.

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3. Option Packages. The Specifications describe option packages that require a set of options to be offered as a package. An option package shall be listed on a purchase order or invoice as a single line item.

4. Cab and Chassis. A Response on one of the cab and chassis series offers to sell the cab and chassis, with or without purchase of a body. Unless Respondent is legally authorized to sell cab and chassis without a body option, it should not provide a Response on these series.

5. Colors. The base price of a vehicle shall include the cost of the OEM’s standard solid colors.

The Customer shall specify a color on each purchase order. Contractor shall contact the Customer if the purchase order does not specify a color, or if the color choice is unclear, and shall only deliver a vehicle after the color has been clearly specified by the Customer.

A.7.3 Specifications

Reference the Mandatory Price Sheet for line items and Attachment F, Texas Fleet Specifications and Requirements.

1. Vehicle Series. The State of Texas classifies fleet vehicles by series identifier as shown below:

Series Description 6000 Class 6 - Cab and Chassis (22,000 lb. GVWR) 6501 Class 6 - Cab and Chassis (19,501 - 26,000 lb. GVWR) 7501 Class 7 - Cab and Chassis (26,001 - 33,000 lb. GVWR) 7507 Class 7 - Truck, AMU Chassis 33K GVWR, Min 120 in ECA 7508 Class 7 - Truck, 6yd Dump Chassis 33K GVWR, Min 120 in ECA 8508 Class 8 - Truck, 10yd Dump Chassis, min 54K GVWR 8601 Class 8 - Truck Tractor, tandem axle, min 52K GVWR 8701 Class 8 - Truck Tractor, tandem axle, min 52K GVWR 8901 Class 8 - Truck, tandem axle w/ pusher, min 86K GVWR

2. Applicable Sections of Attachment F:

a. Section A: Applies to all vehicle series.

b. Section B: Class 6 and 7 Trucks, Requirements and Specifications.

c. Section C: Asphalt Maintenance Unit.

d. Section D: Class 8 Trucks, Requirements and Specifications.

e. Sections E through H: List detailed specifications for Options.

NOTE: Additional series specific requirements are contained in the Mandatory Price Sheet.

A.7.4 Intent of Specifications

The vehicles covered by this specification are categorized into general classifications. Each classification is further divided into sub-classifications which are specifically identified by an assigned vehicle series identifier, a generic title, and a general description.

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A bid for a series must meet both the general specifications and requirements listed in Attachment F, Section A.9 and the specifications for the series. Series specifications for complex vehicles are contained in Attachment F, Sections B, C, and D. Mandatory features for a series are identified on the series worksheet within the Mandatory Price Sheet (Excel Workbook) and Specifications for those features are included in Attachment F, Sections E through H.

The series worksheet within the Mandatory Price Sheet (Excel Workbook) contains example models and other specifications for each vehicle.

1. CPA does not guarantee that all models shown in a series worksheet will be awarded a contract.

2. Vehicles bid for each Series, which do not meet Series specifications will not be considered.

3. The purpose of listing the make and model of vehicles in a given series is for reference.

However, vehicles bid which are not listed in a given series will be considered, provided that:

a. The vehicle meets the minimum requirements of the series; and

b. The vehicle is approved by CPA for the series.

4. Year Model: Contractor shall provide the latest model year vehicle available at the time of contract award.

5. Any example shown is listed to show type and class of equipment desired. Bidders are cautioned to read the specification carefully, as there may be special requirements not commonly offered by the OEM. Do not assume your standard equipment meets all of the detailed specification requirements merely because it is listed as an example. OEM or third party options may be required to meet the minimum specifications.

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.

A.7.7 Adding New Vehicle Models

Contractor may request the addition of new vehicle models if all the following conditions are met:

1. The Model did not exist at the time of this solicitation;

2. The Model is produced by an OEM Brand for which the Contractor was awarded, or a Brand that was not awarded on the Contract series and there were less than seven awards for the associated series;

3. The Model meets or exceeds the Contract requirements and specifications for a series which the Contractor was awarded; and

4. Contractor must offer third party options at the same price bid on the same or similar series.

The addition of a new vehicle model to the Contract requires CPA approval and shall be a CPA’s sole discretion. Additions shall require a written contract amendment and will be supplemental.

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CPA reserves the right to:

1. Substitute a new vehicle in the event an awarded vehicle is no longer manufactured or otherwise becomes unavailable. The substitute vehicle must meet the series specification requirements of the vehicle it is replacing.

2. Add options or accessories to awarded vehicles when new options or accessories become available.

3. Add or substitute vehicles of the same general category included in this IFB at any time during the term of the contract.

Any new additions shall require a written contract amendment and will be supplemental.

A.7.8 Warranty Requirements

See Attachment F for complete Warranty, Warranty Service, and Service Contract Information

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Pre-Delivery Service, Acceptance, and Documentation

See Attachment F, Section A.7 Pre-Delivery Service and A.8 Acceptance, Inspection, and Documentation requirements for detailed information.

A.8.2 Delivery Requirements

See Attachment F, Section A.6 Delivery for delivery protocol and requirements.

A.8.3 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Delivery days may vary depending on series. Contractor(s) agrees on delivery schedules upon Response Submission. This information is found on Attachment F. Failure to state delivery time may disqualify the Response.

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

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

A.8.4 Delivery Delay Penalties

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Default in promised delivery (without acceptable justification) or failure to meet specifications authorizes the Customer to either charge a late delivery fee as outlined in Attachment F, Section A.6.6. Late Delivery Fee, or purchase goods and services of this IFB elsewhere and charge any increase costs for the goods and services, including the cost of re-soliciting, to the Contractor. Failure to pay a damage assessment may be cause for Contract cancellation, debarment, or removal of the Contractor from the State’s Centralized Mater Bidders List (CMBL).

Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

For additional information on delivery protocol and requirements, see Attachment F, Section A.6 Delivery.

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A.8.5 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. CPA and the Customer may exercise contractual remedies in connection with late delivery. Delivery of noncompliant goods or services may trigger contract remedies for CPA and the Customer. Customer reserves the right to require new delivery or a refund in the event that goods or services not meeting specifications are discovered after payment has been made.

A.8.1 Contractor Pickup and Removal of Non-Compliant Vehicles

Upon receipt of written notification from the Customer, the Contractor shall pickup and remove noncompliant vehicles from the Customer’s premises within 5 working days after receiving the written notification.

The Customer may arrange for the vehicles to be removed and secured by a local towing and storage facility if the vehicle is not removed by the Contractor within the 5 working days.

The Customer will not be responsible or liable for damage or loss of noncompliant vehicles which remain on the Customer’s premises, or which are removed by towing company.

The Contractor will be responsible for payment of all related towing and storage charges.

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

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

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

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

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

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

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

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A.10.2 Online Ordering

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

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

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

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

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

A.10.3 Customer Responsibility

It is the sole responsibility of the Customer to document the justification for purchasing any vehicle from a vehicle series that is not the lowest available price, which may be requested at any time by CPA for review. The list below provides examples of justifications and is not to be construed as an all-inclusive list and these do not necessarily grant approval:

Authorized repair facilities for recommended Contractor are not proximate.

The total cost of the vehicle is the lowest price after selection of all options which meet the Customer’s requirements (Base cost plus all options).

The Customer has received negative performance from the lowest price Contractor and Vendor Performance Reports are on file with CPA.

Special needs of a Customer are met only by a specific vehicle.

Lowest price Contractor cannot meet delivery requirements.

Lowest price Contractor has no vehicles to sell and can no longer order after cutoff date.

A.10.4 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. Respondent may provide additional discounts 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.

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A.10.5 Statewide Contract Development Reporting

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

A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

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

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its Response after Response opening.

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

A.11.3 Questions and Answers

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

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.

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

Primary Point of Contact - CPA Contract Specialist Guillermo Navarro, CTCD, CTCM 512-936-5669 Email: Guillermo.Navarro@cpa.texas.gov

Secondary Point of Contact Statewide Contract Development (SCD) Email: spd.contractdev@cpa.texas.gov

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

After Contract award, all communications relating to the Contract must be submitted to Statewide Contract Management at spd.cmo@cpa.texas.gov.

A.11.5 Pre-Bid Conference

The Pre-Bid 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/298333480868654?p=n6Jdv7UV3crtROm8m8 Meeting ID: 298 333 480 868 654 Passcode: 6T5mx349

Need help? | System reference Dial in by phone +1 737-471-3847,,807257498# United States, Austin Find a local number Phone conference ID: 807 257 498# Join on a video conferencing device Tenant key: txcpa@m.webex.com Video ID: 117 462 869 7 More info

The Pre-Bid 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-Bid Conference no later than September 10, 2026 @ 11:30 am.

A.11.6 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

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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 - Texas Fleet Specifications and Requirements Heavy Trucks

5. HUB Subcontracting Plan

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

A.12 VETHUB SUBCONTRACTING PLAN

CPA has identified probable subcontracting opportunities for part or all of the Solicitation. Respondent must complete and return the VetHUB Subcontracting Plan (HSP) with the Response to be considered responsive. CPA may reject or disqualify a subcontracting plan that was not developed in good faith or was not completed.

NIGP

Class/Item

Description

962-86 Transportation of Goods, Shipping and Handling, and Other Freight Services (Respondents shipping or delivering goods from their facility within the State of Texas, using other than their own transportation assets, are subcontracting and must complete all HSP requirements.)

962-33 Customizing Services, Vehicle, Including Armoring of Vehicles, Handicapped and Van Conversions, etc.

This list is neither mandatory nor exhaustive. Other areas of subcontracting may be more appropriate given the Respondent’s business structure and internal resources.

The purpose of the VetHUB subcontracting plan is to meet the Comptroller’s goal of increasing participation of service-disabled veterans in state purchasing and contracts The HUB utilization goal for this solicitation is:

1.0% for commodities contracts

A courtesy review of an HSP is available to assist Respondents in providing a complete and responsive HSP and determine whether any deficiencies exist. Respondents are highly encouraged to take advantage of the courtesy review. To request a courtesy review, submit the completed HSP and all supporting documentation in a PDF format to the Statewide VetHUB Program by email no later than ten working days prior to Response due date.

Email for Courtesy Review: VetHUBProgram@cpa.texas.gov Email Subject Line: HSP Courtesy Review, Solicitation No. 304T-27-070A1, Due Date 10/06/2026

This courtesy review may only identify possible deficiencies. The final compliance determination will be made on the HSP submitted with the Response. Please contact CPA Statewide VetHUB Program with any questions regarding HSP compliance at: 1-800-863-5881 or 512-463-5872. The CPA VetHUB Program website may be accessed at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

The final HSP must be submitted by the Response Due Date.

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RESPONSES RECEIVED WITHOUT GOOD FAITH EFFORT AND OUTREACH MAY BE

DISQUALIFIED.

A.13 DISCLOSURE OF INTERESTED PARTIES

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

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested Parties at https://ethics.state.tx.us/filinginfo/1295/ (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

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

A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any Response that does not conform to the Solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A) or failure to submit the Mandatory Price Sheet will result in disqualification.

A.14.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the Contract. The Respondent bears the burden of establishing:

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

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

(3) character, responsibility, and integrity;

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

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

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

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

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

2157.125. The following examples indicate poor performance:

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

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

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

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

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(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 whether a vendor has sufficient resources and the ability to perform.

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

A.14.3 Best Value

CPA will determine best value for the state as directed by Texas Government Code § 2155.074. CPA will consider compliance with specifications, purchase price, and risk of vendor non-performance as described in A.14.2 above. Delivery ARO may be reviewed as a best value factor. If extended delivery timeframes have an impact on the State, the Response may not be considered for award. Best Value may also include the following factors:

(1) Total cost of ownership, including installation costs, life cycle costs, quality and reliability of goods and services, delivery terms, and costs of associated training;

(2) Effect of purchase on state agency productivity or administrative resources;

(3) Compliance with the stated specifications coupled with the quality and reliability of the goods and services, such as fitness for use that meets or exceeds Customers’ expectations, and the characteristics of the product or service that bear on its ability to meet the stated needs; and

(4) Delivery time after receipt of purchase order (ARO). Responses offering delivery times exceeding the preferred number of days ARO will be considered for award only if, in the discretion of CPA, the delivery schedule is within the competitive range of Responses received.

Respondents are strongly encouraged to meet the preferred delivery ARO.

A.14.4 Ties

CPA may break a tie by applying preferences under state law that were claimed in the Response. If no preference applies, CPA may award tied items to a randomly selected Respondent that offers best value.

A.15 AWARDS

A.15.1 Award Approach

CPA intends to make an award to the vendor providing the best value to the State. This may result in awarding different vehicle series to multiple vendors.

In accordance with Texas Administrative Code §20.231, CPA has determined that awards to multiple Respondents for each line item 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.

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a) Item awards will be made by vehicle series on the basis of best value, with primary consideration being given to the lowest total evaluated bid price (Total Vehicle Cost).

Total Vehicle Cost will be calculated in the following manner:

Price for Base Vehicle with mandatory features (highest weight) + Price for Tier 1 Option(s) (weighted) + Price for Tier 2 Option(s) bid in common

= Total Vehicle Cost

b) CPA reserves the right to reject exceptions to any specified minimum requirements included in the Texas Fleet Specifications and Requirements, Heavy Trucks, Attachment F.

CPA anticipates awarding up to two (2) vehicles per OEM, per series. There may be up to seven (7) awards per vehicle series.

A.15.2 Non-award

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

A.15.3 Award Notice

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

A.15.4 Substitutions

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

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 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.

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

A.16.2 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.

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A.16.3 Attachment B - Respondent Information

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

A.16.4 Attachment C - Preferences

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

A.16.5 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.16.6 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.16.7 Attachment F - Texas Fleet Specifications and Requirements Heavy Trucks

Each Response must include completed portions of Attachment F, respective to the Response(s) provided for each truck series.