REQUEST FOR PROPOSALS

# 26-010-TRANSIT

AUTOMATIC PASSENGER COUNTER (APC)

SYSTEM FOR CONCHO VALLEY TRANSIT

DISTRICT

ISSUED: October 16, 2026

PROPOSALS DUE: November 20, 2026

Article I. OVERVIEW AND GENERAL INFORMATION.

Concho Valley Council of Governments (“CVCOG”) is soliciting Proposals from qualified and experienced Respondents to provide AUTOMATIC PASSENGER COUNTER (APC) SYSTEM FOR CONCHO VALLEY TRANSIT DISTRICT in accordance with the requirements set forth in this Solicitation (the submitting parties “Respondents” and the submissions “Proposals”).

The objective of this Solicitation is to identify and contract with a Respondent that demonstrates the capability, expertise, and resources necessary to deliver high-quality services/products that meet the operational and performance needs of CVCOG. The successful Respondent will be selected based on their demonstrated ability to satisfy the evaluation criteria described in this document.

All Proposals must be submitted in accordance with the instructions contained herein. Proposals that do not comply with the requirements and submission guidelines may be rejected as non-responsive.

Section 1.01 OPPORTUNITY INFORMATION.

Solicitation Title: AUTOMATIC PASSENGER COUNTER (APC) SYSTEM

FOR CONCHO VALLEY TRANSIT DISTRICT

Solicitation Number: 26-010-TRANSIT CVCOG Program: Concho Valley Transit District Solicitation Contact: Jaylon Seales Contact Title: Procurement Manager Contact Phone: (325) 944-9666 Contact Email: procurement-dept@cvcog.org

OFFICIAL POSTING: https://www.cvcog.org/solicitations-procurements/ The official solicitation posting can be accessed through the Beacon portal on the CVCOG website at the link provided above. Interested parties are responsible for regularly checking the official posting for updates, clarifications, and addenda. CVCOG is not responsible for outdated, incomplete, or inaccurate information published on third-party websites.

Section 1.02 OPPORTUNITY TIMELINE.

EVENT DATE/DATE RANGE TIME

Solicitation Issued October 16, 2026 - Deadline for Questions/Clarifications October 30, 2026 5:00PM CST Amendment issued, if applicable (Respondents should check the website for any addenda)

As necessary -

Deadline for Proposal Submission November 20, 2026 5:00PM CST Anticipated Notice of Recommendation(s) for Award

January 2027 -mailto:procurement-dept@cvcog.org https://www.cvcog.org/solicitations-procurements/

Section 1.03 ABOUT CVCOG.

CVCOG is a regional planning commission organized under Texas Local Government Code Chapter 391. CVCOG serves as a voluntary association of local governments working collaboratively to improve the health, safety, and economic well-being of the Concho Valley region of Texas. CVCOG provides planning, coordination, technical assistance, and program administration across a 14-county area.

CVCOG delivers a wide range of services through its departments and programs, which include 2-1-1 Texas, Aging and Disability Resource Center, Area Agency on Aging of the Concho Valley, AmeriCorps Senior Volunteer Programs, Concho Valley Transit District, Concho Valley Economic Development District, Head Start, Homeland Security, Criminal Justice, 9-1-1, and other intergovernmental initiatives. By fostering cooperation among member governments, CVCOG supports regional problem-solving, leverages economies of scale, and administers state and federal programs that benefit local communities.

As a political subdivision of the State of Texas, CVCOG operates under a governing Board of Directors composed of elected officials and community representatives from member jurisdictions.

The Board establishes policy direction and ensures responsible stewardship of public funds.

CVCOG regularly engages with local, state, and federal partners to advance regional priorities and support the communities it serves.

Section 1.04 ORGANIZATIONAL REFERENCES.

Respondents should note that the CVCOG Procurement Department issues solicitations on behalf of all of its departments and programs. For the purposes of this Solicitation, any references to the "Concho Valley Council of Governments" or “CVCOG” shall also be interpreted as referring to any applicable CVCOG department or program identified in this document.

Article II. SCOPE OF WORK AND SPECIFICATIONS.

Section 2.01 SCOPE OF WORK AND SPECIFICATIONS.

The Respondent shall provide all goods, materials, equipment, labor, personnel, expertise, and related services necessary to meet or exceed the requirements set forth in this Solicitation. The detailed specifications, performance standards, deliverables, and technical requirements applicable to this procurement are provided in Exhibit A: Scope of Work and any additional exhibits or attachments referenced therein.

Respondents are responsible for reviewing all exhibits and ensuring that their Proposal fully addresses and complies with each requirement. All goods or services offered must meet or exceed the minimum specifications unless otherwise expressly stated. Any proposed deviations, substitutions, or alternative approaches must be clearly identified and justified in the Proposal;

acceptance of such deviations shall be at the sole discretion of CVCOG. The Successful Respondent shall furnish all items or services in accordance with the timelines, conditions, and standards established by this Solicitation and any resulting contract. Failure to meet the specifications or performance requirements may result in rejection of the Proposal or termination of any contract awarded.

Section 2.02 WARRANTY REQUIREMENTS.

Respondents are required to include warranty information for any goods and/or services proposed in their Proposal. The warranty must cover a minimum period of one year from the date of acceptance of the goods and/or services, unless otherwise agreed upon by CVCOG. All warranty terms should be clearly outlined, including any conditions, limitations, and procedures for claims.

CVCOG reserves the right to accept or negotiate alternative warranty terms.

Section 2.03 INSURANCE REQUIREMENTS.

The successful Contractor shall maintain insurance coverage appropriate to the services and risks associated with the resulting contract. Minimum insurance requirements, including applicable coverage types, limits, endorsements, and other requirements, will be specified in the resulting contract. Prior to commencement of work, the Contractor shall provide certificates of insurance and, when required, applicable endorsements evidencing the required coverage. CVCOG reserves the right to require additional insurance or higher limits when reasonably necessary based on the nature and risk of the work.

Article III. MINIMUM QUALIFICATIONS AND ELIGIBILITY.

Section 3.01 MINIMUM QUALIFICATIONS.

Failure to meet any of the minimum qualifications may result in the proposal being deemed non-responsive and removed from further consideration.

A. Proposer must have a minimum of three (3) years of experience providing, installing, implementing, and/or supporting Automatic Passenger Counting (APC) systems or substantially similar transit passenger counting technology.

B. Proposer must have successfully provided APC systems or similar passenger counting technology to at least two (2) public transit agencies or other comparable transportation organizations.

C. Proposer must demonstrate the ability to provide a complete APC solution, including applicable hardware, software, installation, configuration, testing, training, and ongoing technical support.

D. Proposer must provide at least two (2) customer references for comparable APC or passenger counting projects completed or currently supported within the past five (5) years.

E. Proposer must demonstrate sufficient technical resources, qualified personnel, and organizational capacity to successfully perform the requirements of this RFP.

F. Proposer must be authorized and capable of providing the proposed equipment and services in accordance with all applicable federal, state, and local laws, regulations, and requirements.

Section 3.02 ELIGIBLE RESPONDENTS.

Only individuals or firms from lawfully formed business organizations may participate in this process. CVCOG will contract only with the individual and/or firm that submits a Proposal and is not on hold or debarred with the State of Texas and/or Federal Government. Individuals and/or firms will be on contract and will not be considered an employee of CVCOG nor will the firm and/or individual be eligible for any benefits provided by CVCOG.

Section 3.03 SMWVBE, HUB, AND DBE PARTICIPATION.

CVCOG encourages participation by Small, Minority-Owned, Women-Owned, Veteran-Owned, Historically Underutilized Businesses (HUBs), and Disadvantaged Business Enterprises (DBEs).

Respondents are encouraged to indicate their status as a SMWVBE, HUB, or DBE business in their Proposal and include any relevant certification documentation. Respondents are also encouraged to consider partnering or subcontracting with such businesses when assembling their project team.

Section 3.04 STATE AND FEDERAL DEBARMENT AND SUSPENSION.

By submitting a Proposal in response to this Solicitation, the Respondent certifies that neither the Respondent nor its principals are currently debarred, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this procurement by any Federal or State of Texas department or agency. If the Respondent is unable to certify any of these statements, an explanation must be provided with their Proposal. Debarment, pending debarment, ineligibility, or voluntary exclusion by any Federal or State of Texas department or agency may result in the Respondent being deemed non-responsible. By signing and submitting a Proposal in response to this Solicitation, the Respondent certifies compliance with this requirement.

Section 3.05 RESPONSIVE PROPOSALS.

For a Respondent to be eligible for contract award, the Proposal must be responsive to the Solicitation. Responsive Proposals are those that comply with all material aspects of the Solicitation. Proposals which do not comply with all the requirements of the Solicitation may be rejected and deemed non-responsive. CVCOG reserves the right to deem Proposals non-responsive if required components are missing or fail to follow instructions.

Section 3.06 RESPONSIBLE RESPONDENTS.

Responsible Respondents must meet several qualifications to be considered for contract award.

These include having adequate financial resources or the ability to obtain such resources as needed during contract performance, a satisfactory record of past performance, and the necessary management and technical capabilities to fulfill the requirements of the contract. Additionally, Respondents must be an established firm regularly engaged in the type of business required for the contract, and they must be qualified and eligible to receive an award under applicable federal, state, county, or municipal laws and regulations.

Section 3.07 SUBCONTRACTORS.

The Respondent shall identify all proposed subcontractors, if any, and describe the scope of work to be performed by each subcontractor. CVCOG reserves the right to approve or disapprove subcontractors and may require substitution of a subcontractor that is determined to be unacceptable or noncompliant with applicable requirements. The Respondent shall remain fully responsible for the performance of the contract and for all acts and omissions of its subcontractors.

(a) AFFIRMATIVE STEPS TO USE SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS.

In accordance with 2 CFR §200.321, Respondents are required to take all necessary affirmative steps to ensure that small businesses, minority-owned firms, veteran owned business enterprises, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps may include placing qualified firms on solicitation lists, ensuring such firms are solicited whenever they are potential sources, dividing total requirements into smaller tasks to permit maximum participation, establishing delivery schedules that encourage participation, and using the services of the Small Business Administration and the Minority Business Development Agency. Documentation of these efforts may be required upon request.

(b) DEBARMENT AND SUSPENSION OF SUBCONTRACTORS.

The successful Respondent shall not subcontract with any entity that is debarred, suspended, or otherwise excluded from participation in state or federally assisted contracts or subcontracts. The successful Respondent will be responsible for verifying the eligibility of all subcontractors and for ensuring compliance with applicable debarment and suspension requirements throughout the contract term. CVCOG may require certification or verification of subcontractor eligibility at any time.

(c) COMPLIANCE AND FLOW-DOWN REQUIREMENTS.

All subcontractors will be required to comply with the applicable terms, conditions, and requirements of the contract, including any federal, state, and local requirements incorporated therein. The Respondent shall ensure that all applicable contract provisions are flowed down to subcontractors as required by law or contract and shall be responsible for monitoring subcontractor compliance.

Article IV. INSTRUCTIONS TO RESPONDENTS.

Section 4.01 COMMUNICATION WITH STAFF PROHIBITED.

From the issuance date of this Solicitation until the contract award, all communication regarding this Solicitation must be directed solely to the designated contact person listed in this Solicitation.

Any attempt by a Respondent or its representatives to communicate with CVCOG staff, board members, or other individuals involved in the procurement process outside of the designated contact may result in disqualification. This includes, but is not limited to, unsolicited contact regarding the project’s status, technical clarifications, or lobbying efforts. Respondents are prohibited from engaging in discussions or correspondence with CVCOG staff that may be perceived as influencing the outcome of the selection process.

Section 4.02 SPECIFICATIONS AND INSTRUCTIONS.

Respondents are expected to examine the specifications, terms and conditions, and all instructions included in this Solicitation. Failure to do so will be at the Respondent’s risk. Proposals that are submitted on anything other than authorized forms or with different terms or provisions may not be considered responsive. All interpretations of the specifications shall be made on the basis of the following statement: The apparent silence of the specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used.

Section 4.03 QUESTIONS, INQUIRIES, AND CLARIFICATIONS.

All questions, inquiries, or requests for clarification regarding this Solicitation must be submitted in writing to the designated contact person by the deadline specified in the Solicitation schedule.

Formal responses will be provided through written addenda and posted on CVCOG’s website as soon as practicable. The names of those submitting questions will not be disclosed. Oral explanations or discussions during the solicitation process, including discussions or questions asked at any pre-proposal conference or site visit are not binding, and only written responses issued in the addenda will be considered official. It is the responsibility of each Respondent to ensure they have received all relevant addenda before submitting their Proposal.

Section 4.04 ADDENDA AND AMENDMENTS.

CVCOG may issue addenda or amendments to clarify, modify, or supplement this Solicitation, which will be posted on the CVCOG website where the original RFP is published. No addenda or amendments will be issued less than forty-eight (48) hours before the submission deadline unless CVCOG determines an extension is necessary, in which case the deadline will be extended by addendum. Respondents are solely responsible for monitoring the CVCOG website, reviewing all issued addenda and amendments, and acknowledging receipt in their Proposal. Failure to acknowledge all issued addenda and amendments may result in the Proposal being deemed non-responsive.

Section 4.05 CONFIDENTIALITY AND PUBLIC INFORMATION.

CVCOG is subject to the Texas Public Information Act, Chapter 552, Texas Government Code (“TPIA”), and Proposals and related materials submitted in response to this Solicitation are subject to disclosure as required by law. CVCOG does not determine whether information is exempt from disclosure. A Respondent claiming an exception to disclosure shall submit both redacted and unredacted copies of its Proposal, clearly identify each specific item claimed to be confidential or exempt, and provide the applicable legal basis under the TPIA; blanket claims of confidentiality will not be accepted. If a Respondent fails to properly identify and substantiate information claimed to be exempt, CVCOG may disclose the information as required by law. If CVCOG receives a request for information that may be subject to a claimed exception, CVCOG will comply with applicable law, including any required notice to the Respondent and opportunity to assert its position before the Texas Attorney General. By submitting a Proposal, the Respondent acknowledges that CVCOG cannot guarantee the confidentiality of submitted information and shall not be liable for disclosures made in compliance with applicable law.

Section 4.06 VALIDITY OF PROPOSALS.

All Proposals submitted in response to this Solicitation must remain valid and open for acceptance for a period of ninety (90) days from the submission deadline. During this period, the Respondent agrees not to withdraw or modify their Proposal, except as may be requested or agreed upon by CVCOG. If the Proposal is not accepted within this period, it will be deemed to have expired, and the Respondent may withdraw their Proposal without penalty. CVCOG reserves the right to extend the validity period with mutual written agreement from the Respondent.

Section 4.07 BRAND NAMES AND APPROVED EQUALS.

Any materials or processes specified by patent, proprietary name, or manufacturer in the specifications are for descriptive purposes only and are understood to include "or equivalent," unless otherwise stated. Any reference to specific products, manufacturers, brand names, or model numbers is for descriptive purposes only and is not intended to limit competition. Proposals offering products or services determined by CVCOG to be equal in quality, performance, functionality, and reliability to those specified will be considered. Respondents offering “approved equals” must clearly identify any proposed alternatives and provide sufficient documentation to demonstrate equivalency. CVCOG reserves the right to make the final determination of equivalency.

Section 4.08 TAXES AND INTEREST.

CVCOG is exempt from applicable state and local sales and use taxes. Respondents shall not include such taxes in their Proposal and shall be responsible for all taxes applicable to their business, income, employees, or property. Tax exemption certificates will be provided upon request. CVCOG shall not be responsible for interest, late charges, or other financing costs unless expressly authorized in the resulting Contract.

Section 4.09 PROPOSAL FORMAT AND CONTENT.

Respondents must submit their Proposals in two distinct parts: a Technical Proposal and a Price Proposal. Both Proposals must be submitted according to the guidelines outlined in this section to ensure a complete and compliant Proposal.

(a) Technical Proposal. To facilitate consistent evaluation, Respondents shall organize their Technical Proposal in the following order and address each item identified below.

Respondents should be concise and focus their responses on the specific requirements and objectives of this solicitation.

1. Cover Letter/Executive Summary.

2. System Functionality and Technical Capability - Provide a detailed description of the proposed APC system, including, at a minimum:

• System architecture and components;

• Passenger counting technology and methodology;

• Expected counting accuracy and methods for validating accuracy;

• Hardware and software specifications;

• Data collection, storage, transmission, and reporting capabilities;

• User interface and available reports/dashboards;

• Data export capabilities and available data formats;

• GPS, AVL, CAD/dispatch, farebox, or other system integration capabilities, if applicable;

• Cellular, wireless, cloud-based, or other connectivity requirements;

• Cybersecurity and data protection features; and

• Any other functionality relevant to the Scope of Work.

3. Implementation and Deployment Approach - Describe the Proposer's proposed approach for implementing and deploying the APC system, including:

• Project management methodology;

• Installation and configuration process;

• Vehicle installation requirements;

• System integration and configuration;

• Testing and acceptance procedures;

• Data validation and accuracy testing;

• Training for CVTD personnel;

• Implementation schedule and major milestones;

• CVTD resources or responsibilities required; and

• Approach to minimizing disruption to transit operations during implementation.

4. Proposer Experience and Qualifications - Provide:

• A description of the Proposer's experience providing APC systems or similar technology;

• A minimum of two (2) comparable transit agency references;

• A description of comparable projects completed within the past five (5) years;

• The number and approximate size of transit fleets supported, where applicable;

• Resumes or qualifications of key personnel who will be assigned to the project; and

• A description of the Proposer's organizational capacity to successfully perform the project.

5. Technical Support, Maintenance, and Warranty - Describe the proposed post-implementation support, including:

• Warranty terms and duration;

• Technical support availability and hours;

• Service response and resolution procedures;

• Remote and on-site support capabilities;

• Preventive and corrective maintenance;

• Software updates and upgrades;

• Hardware replacement procedures;

• System monitoring and troubleshooting; and

• Any service-level commitments or performance guarantees.

6. Overall Project Approach and Understanding - Provide a narrative demonstrating the Proposer's understanding of the objectives and operational needs. The narrative should describe:

• The proposed overall approach to the project;

• Key project risks and the Proposer's approach to mitigating those risks;

• Assumptions and dependencies;

• Recommended best practices for successful APC implementation;

• Any value-added features or services included in the proposed solution; and

• Any exceptions, exclusions, or deviations from the Scope of Work.

7. Exceptions or Proposed Alternatives: Clearly identify any material exceptions, exclusions, assumptions, or proposed alternatives to the requirements of the Scope of Work. Failure to identify an exception or exclusion may result in the Respondent being responsible for satisfying the applicable requirement at no additional cost.

8. Required Forms, Certifications, and Assurances.

(b) Price Proposal. The Price Proposal shall be submitted as a separate document from the Technical Proposal and shall be clearly identified as the Price Proposal. The Price Proposal shall include all costs necessary to fully perform the Scope of Services, including labor, materials, equipment, travel, fees, overhead, and other applicable costs, and shall be submitted using the pricing format or schedule provided in this Solicitation. Unless otherwise specified, proposed prices shall be firm for the duration of the resulting Contract.

(c) Proposal Submission Guidelines. To ensure compliance and facilitate an efficient evaluation process, all Proposals must adhere to the following guidelines:

1. Proposals shall be no more than twenty-five (25) pages maximum, excluding the cover letter, table of contents, resumes, work samples/links, references, and required certifications/forms.

2. All Proposals should be submitted in a clear, organized, and legible format. Use a standard font (e.g., Arial, size 11 or 12) and 1-inch margins. Proposals should be paginated and include a table of contents for easy reference.

3. Emailed Proposals Only: The Technical Proposal and Price Proposal shall be submitted electronically by email as separate PDF documents. The combined file size of the Technical Proposal and Price Proposal shall not exceed twenty-five (25) MB. If submitting redacted copies of the proposal documents, the redacted documents may be submitted in a separate email.

Section 4.10 SUBMISSION INSTRUCTIONS.

CVCOG prefers electronic submission of proposal documents by email; however, Respondents may submit proposals either electronically by email or in hard-copy format. Respondents shall submit the Technical Proposal and Price Proposal as separate documents in accordance with the requirements of this RFP. Respondents are not required to submit both electronic and hard-copy versions.

(a) Electronic Submission (Preferred). Electronic proposals shall be submitted by email to the CVCOG Procurement Department at procurement-dept@cvcog.org. The Technical Proposal and Price Proposal shall be submitted as separate PDF documents. The combined file size of the Technical Proposal and Price Proposal shall not exceed twenty-five (25) MB. The email subject line shall clearly identify the solicitation number and title. Upon receipt, the Procurement Department will maintain the proposal in a secure manner and restrict access to the proposal materials from members of the evaluation committee and other unauthorized persons until after the proposal submission deadline has passed and the proposals have been formally received for evaluation. Respondents are solely responsible for ensuring that their complete proposal is successfully received by the Procurement Department prior to the submission deadline.

(b) Hard-Copy Submission. Respondents electing to submit a hard-copy proposal shall deliver the required proposal documents to:

CVCOG Procurement Department 5430 Link Road San Angelo, Texas 76904

Hard-copy proposals shall be sealed and clearly marked on the exterior packaging with the solicitation number, solicitation title, Respondent's name, and the words "SEALED PROPOSAL". Hard-copy proposals received prior to the deadline shall be maintained securely by the Procurement Department and shall not be provided to the evaluation committee until after the submission deadline has passed.

Section 4.11 MODIFICATIONS PRIOR TO DEADLINE.

A Respondent may modify their Proposal at any time prior to the submission deadline by submitting a written request to the designated contact person listed in this Solicitation. The modification must clearly indicate which part of the original Proposal is being changed, and the Respondent must resubmit the entire modified Proposal. Modifications received after the submission deadline will not be considered. It is the responsibility of the Respondent to ensure that all modifications are received and acknowledged by CVCOG before the deadline. Any modified Proposals will be evaluated along with the original submission, and the most current Proposal will be used for consideration.

Section 4.12 WITHDRAWAL OF PROPOSAL.

A Respondent may withdraw their Proposal at any time prior to the submission deadline by providing a written request to the designated contact person listed in this Solicitation. Such mailto:procurement-dept@cvcog.org requests must be signed by an authorized representative of the Respondent. Once the submission deadline has passed, Proposals may not be withdrawn or modified without the express written consent of CVCOG. Any Respondent who withdraws their Proposal after the deadline may be subject to disqualification from future solicitations at CVCOG's discretion.

Section 4.13 SUBMISSION DEADLINE.

Proposals must be received by CVCOG no later than the date and time specified in this Solicitation.

Proposals received after the stated submission deadline will not be considered and will be returned unopened or deemed non-responsive, at CVCOG’s sole discretion. It is the sole responsibility of each Respondent to ensure that its Proposal is delivered in accordance with the instructions and received by CVCOG prior to the submission deadline, regardless of delivery method. CVCOG is not responsible for delays caused by mail delivery, courier services, electronic transmission issues, or other circumstances beyond its control.

Section 4.14 PRESENTATION AND DEMO PERIOD.

CVT may invite shortlisted Respondents to participate in a virtual presentation and demonstration of their proposed APC system. This period will allow CVT to view system capabilities, ask questions, clarify proposal details, and assess how well the proposed solution meets the requirements of this solicitation. CVT will communicate scheduling instructions and any applicable presentation requirements to selected Respondents. Participation in a presentation or demonstration does not guarantee contract award.

Section 4.15 COST OF SUBMISSION AND SAMPLES.

All costs incurred by a Respondent in the preparation, submission, and presentation of a Proposal, including any costs associated with providing samples, demonstrations, or interviews, are the sole responsibility of the Respondent. CVCOG shall not be liable for any costs incurred by Respondents in connection with this Solicitation, and all submitted materials and samples shall become the property of CVCOG and will not be returned unless otherwise stated in this Solicitation.

Section 4.16 NON-RESPONSE TO SOLICITATION.

CVCOG requests that firms not submitting a Proposal in response to this Solicitation provide written notice of non-response, including the firm’s name and a brief statement of the reason for not responding. Submission of a non-response notice is voluntary and is requested for informational purposes only; failure to submit such notice will not disqualify a firm from participating in future solicitations.

Section 4.17 CVCOG SUPPLEMENTAL PROCUREMENT DOCUMENTS.

Additional CVCOG procurement documents and policies applicable to this Solicitation, including the Procurement Policy, Dispute Resolution Procedures, and other supplemental procurement requirements, are available at https://www.cvcog.org/solicitations-procurements/.

Article V. PROPOSAL EVALUATION AND NEGOTIATIONS.

Section 5.01 BEST VALUE.

CVCOG intends to award any resulting contract to the Respondent whose Proposal is determined to provide the best value to CVCOG, considering price and all other evaluation factors set forth in https://www.cvcog.org/solicitations-procurements/ this Solicitation. CVCOG is not required to select the lowest-priced Proposal and reserves the right to determine which Proposal best serves the interests of CVCOG.

Section 5.02 ADMINISTRATIVE REVIEW.

All submissions will undergo an administrative review by CVCOG to determine responsiveness and compliance with the requirements of this Solicitation. The administrative review will verify that the submission includes all required forms, certifications, acknowledgments, and documentation, and that it is submitted in the format, manner, and by the deadline specified.

CVCOG reserves the right to waive minor informalities or irregularities that do not affect the substance of the submission or provide a competitive advantage. Submissions that are materially non-responsive or fail to meet mandatory administrative requirements may be rejected and not considered for further evaluation. Administrative review is conducted solely to assess compliance and does not constitute an evaluation of technical merit, qualifications, or price.

Section 5.03 EVALUATION COMMITTEE.

CVCOG will appoint an evaluation committee composed of individuals with relevant knowledge, experience, and expertise to review and evaluate responsive submissions in accordance with the evaluation criteria set forth in this Solicitation and applicable state, federal, and local procurement requirements. Evaluation committee members may include CVCOG staff and, at CVCOG’s discretion, other qualified individuals, and are required to comply with applicable conflict of interest and confidentiality requirements. The committee may utilize evaluation methods such as individual scoring, group scoring, consensus scoring, or a combination thereof, as deemed appropriate by CVCOG, and may participate in discussions, clarifications, interviews, or presentations, if authorized by this Solicitation, for the purpose of recommending a vendor(s) for award. Final award determinations remain subject to CVCOG approval and any required governing board authorization.

Section 5.04 EVALUATION CRITERIA.

All Respondents must provide clear, complete, and detailed Proposals with supporting documentation that directly addresses each of the evaluation criteria outlined below. This information is critical to enable the evaluation team to fairly and thoroughly assess each Proposal against the stated requirements. Failure to provide sufficient information or supporting documentation may result in your Proposal receiving a lower score or being deemed non-responsive, which could disqualify it from further consideration.

It is the responsibility of each Respondent to ensure that their submission demonstrates how they meet or exceed each evaluation criterion. Assumptions, general statements, or references to attached materials without clear direction may not be considered during evaluation.

TECHNICAL PROPOSAL EVALUATION WEIGHT

System Functionality and Technical Capability: Evaluation of the proposed APC system's functionality, accuracy, reliability, compatibility, reporting capabilities, data collection methods, and ability to meet the stated technical requirements.

Up to 25 Points

Implementation and Deployment Approach: Evaluation of the Proposer's approach to system installation, configuration, Up to 20 Points integration, testing, deployment, training, and transition to full operation, including the proposed project schedule.

Proposer Experience and Qualifications: Evaluation of the Proposer's experience successfully implementing and supporting APC systems for public transit agencies or comparable transportation organizations, including the qualifications of key personnel.

Up to 15 Points

Technical Support, Maintenance, and Warranty: Evaluation of the proposed warranty, ongoing technical support, system maintenance, troubleshooting procedures, software updates, equipment replacement, and service response commitments.

Up to 10 Points

Overall Project Approach and Understanding of Needs: Evaluation of the Proposer's demonstrated understanding of the objectives and operational needs, the overall quality and completeness of the proposed solution, and the extent to which the proposal provides a practical and sustainable APC implementation.

Up to 10 Points

TOTAL Up to 80 Points

PRICE PROPOSAL EVALUATION WEIGHT

Evaluation of Proposed Cost or Price Up to 20 Points TOTAL Up to 20 Points

Section 5.05 COMPETITIVE RANGE.

CVCOG may elect to establish a competitive range consisting of the highest-ranked responsive submissions based on the published evaluation criteria. Only Respondents within the competitive range may be invited to participate in further evaluation activities, which may include discussions, clarifications, interviews, presentations, demonstrations, or submission of revised Proposals or best and final offers, if applicable. The establishment of a competitive range is intended to facilitate efficient evaluation and does not obligate CVCOG to conduct discussions or make an award to any Respondent within the competitive range, nor does it limit CVCOG’s right to make an award without discussions, as allowed by law and the terms of this Solicitation.

Section 5.06 NEGOTIATIONS.

CVCOG reserves the right, as permitted by applicable Texas law and federal procurement requirements, to conduct negotiations with one or more Respondents determined to be responsive and responsible. Negotiations may include clarification of Proposals, refinement of technical approaches, contract terms and conditions, scope of work, pricing, or other elements necessary to achieve the best value for CVCOG and any applicable funding source. Negotiations shall be conducted in a fair and equitable manner and shall not materially alter the basis for award or provide an unfair competitive advantage. CVCOG may conclude negotiations with one or more Respondents and proceed to contract award, request best and final offers, or terminate negotiations and resolicit, as deemed in CVCOG’s best interest and as allowed by law.

Section 5.07 NOTICE OF RECOMMENDATION FOR AWARD.

Upon completion of the evaluation process, CVCOG may issue a written notice of recommendation for award to the Respondent(s) whose submission is determined to be the most advantageous to CVCOG in accordance with the evaluation criteria and applicable procurement requirements. The issuance of a notice of recommendation for award does not constitute a contract award and does not create any rights or obligations on the part of CVCOG. Contract award remains subject to final approval by CVCOG’s governing body or authorized designee, successful completion of any required administrative actions, and execution of a mutually acceptable contract.

Article VI. AWARD OF CONTRACT.

Section 6.01 CONTRACT FORMATION.

A contract is formed only upon approval by CVCOG’s governing body or authorized designee and the execution of a written contract by authorized representatives of both CVCOG and the selected Respondent(s). The issuance of a notice of recommendation for award, commencement of negotiations, or other preliminary actions do not constitute contract formation and do not authorize any contractor to begin work or incur costs.

Section 6.02 INCORPORATION OF PROPOSAL DOCUMENTS INTO CONTRACT.

The successful Respondent’s submission, including any best and final offer, clarifications, and negotiated revisions accepted by CVCOG, may be incorporated by reference into the final contract and shall be binding to the extent they do not conflict with the contract terms and conditions. In the event of a conflict, the executed contract and its amendments shall govern, followed by this Solicitation and any addenda, unless otherwise expressly stated in the contract.

Section 6.03 NOTICE TO PROCEED.

Work under the contract shall not commence until the successful Respondent receives written authorization from CVCOG to proceed. The successful Respondent shall not perform work or incur costs for which payment or reimbursement is expected prior to receiving such written authorization.

Article VII. GENERAL PROVISIONS AND RESERVATION OF

RIGHTS.

Section 7.01 COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS.

Respondents are advised that any contract resulting from this Solicitation will be subject to all applicable federal and State of Texas laws, regulations, and requirements governing the use of public funds. This includes, but is not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards set forth in 2 CFR Part 200, as well as any mandatory federal contract provisions required by federal awarding agencies.

Any resulting contract will also include all State of Texas–required contract clauses, including those prescribed by the Texas Comptroller, and other applicable state oversight entities.

All federally and state-required contract clauses will be incorporated into the final agreement— whether included verbatim, by reference, or through CVCOG’s Procurement General Terms and Conditions—and the selected Contractor will be required to comply with each requirement as a condition of award and performance.

Respondents should be aware that the selected Contractor will be required to:

A. Comply with all mandatory federal contract provisions under 2 CFR §§ 200.317–200.327 and Appendix II to Part 200, as applicable to the nature and dollar amount of the procurement.

B. Comply with all mandatory State of Texas contract requirements, including statutory, regulatory, and policy provisions applicable to state or federal pass-through funds.

C. Flow down all applicable federal and state requirements to any subcontractors, vendors, or partners engaged in the performance of the contract.

D. Maintain all documentation and records necessary to demonstrate compliance and make such documentation available to CVCOG, state awarding agencies, federal awarding agencies, auditors, or other authorized entities upon request.

Failure or refusal by the selected Respondent (Contractor) to comply with federal or state requirements will be treated as a material breach of the resulting contract and may result in corrective action, withholding of payments, termination, cost disallowance, or other remedies permitted by federal or state law.

Section 7.02 RESERVATION OF RIGHTS.

CVCOG reserves the right to take any action it deems necessary to ensure the best interests of CVCOG are met with respect to this solicitation. Specifically, CVCOG reserves the right to:

A. Reject any or all Proposals received in response to this Solicitation;

B. Cancel, withdraw, or postpone this Solicitation in whole or in part, at any time and for any reason;

C. Modify the scope, terms, specifications, or requirements of this Solicitation;

D. Waive any minor informalities, technicalities, or irregularities in the Proposals or the procurement process;

E. Request clarifications or additional information from any Respondent at any time;

F. Conduct interviews, discussions, or negotiations with any Respondent, or multiple Respondents, or none at all;

G. Withdraw a proposed award;

H. Select the Proposal that, in its sole judgment, best meets the needs and interests of CVCOG, even if it is not the lowest-priced Proposal;

I. Make an award to one Respondent, multiple Respondents, or make no award at all;

J. Reissue a new or revised solicitation as needed.

Submission of a Proposal does not create any legal or contractual obligation on the part of CVCOG. CVCOG shall not be liable for any costs incurred by Respondents in preparing or submitting a Proposal in response to this Solicitation or in participating in any subsequent process, including presentations or negotiations. By submitting a Proposal, each Respondent acknowledges and accepts the terms of this Reservation of Rights.

Section 7.03 CONFLICTS OF INTEREST.

Respondents must disclose in writing any actual, potential, or perceived conflicts of interest related to the submission of a Proposal, evaluation of submissions, or performance of a resulting contract.

This includes, but is not limited to, financial interests, business relationships, or personal relationships with CVCOG officers, employees, board members, evaluation committee members, or consultants involved in the procurement. Respondents shall promptly update disclosures if a conflict arises or changes at any time during the solicitation process or contract term. CVCOG reserves the right to determine whether a disclosed conflict is material and to require mitigation measures, disqualify a Respondent, or terminate a contract, as permitted by law, if a conflict of interest is determined to impair objectivity, fairness, or integrity of the procurement or contract performance.

Section 7.04 DISCLOSURE OF INTERESTED PARTIES.

Respondent represents and warrants that if selected for award of a contract valued at $1 million or more as a result of this Solicitation, Respondent will submit to CVCOG a completed Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

Section 7.05 COLLUSION.

The Respondent guarantees that its Proposal is not a product of collusion with any other Respondent, and no effort has been made to fix the price of any Respondent or to fix any overhead, profit, or cost element of any price. If CVCOG determines that collusion has occurred among Respondents, none of the Proposals from the participants in such collusion shall be considered.

CVCOG’s determination shall be final.

Article VIII. REQUIRED FORMS, CERTIFICATIONS, AND

ASSURANCES.

Respondents must complete and submit all required forms, certifications, and disclosures provided in Exhibit C as part of their submission. Failure to properly complete and include the required forms may result in the submission being deemed non-responsive and excluded from further consideration at CVCOG’s discretion.

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List of Exhibits

Exhibit A: Scope of Work

Exhibit B: CVCOG Enterprise Technology Procurement Security Standard

Exhibit C: Required Forms, Certifications, and Assurances

Exhibit D: TxDOT PTN-130 Consolidated Certification Form

Exhibit E: Procurement General Terms and Conditions

Exhibit F: Vehicle List

Exhibit G: Insurance Requirements