ESBD_572193_1793201041007_IFB 608-27-80594 Gym Equipment FINAL.pdf

IFB No. 608-27-80594 Page 1 of 25 TxDMV Gym Equipment Services

Daniel Avitia, Executive Director

Invitation for Bids for Gym Equipment Services

IFB No. 608-27-80594

NIGP Class/Item Code(s): 805-94

Anticipated Procurement Schedule - All Times are Central Time Reference Section 3.1 for further information

Solicitation Posting Date October 28, 2026 Questions or Clarifications Submission Deadline November 2, 2026 at 12:00 pm Responses to Questions or Clarifications through Solicitation Addendum Tentative Date

November 5, 2026 at 12:00 pm

Bid (Response) Deadline November 12, 2026 at 3:00 pm Anticipated Contract Start Date November 18, 2026

RESPONSES RECEIVED THAT ARE MISSING REQUIRED INFORMATION AND

DOCUMENTATION, UNSIGNED, OR AFTER THE DUE DATE AND TIME STATED HEREIN,

WILL NOT BE EVALUATED

Prepared and Posted by:

Richard Oballo, CTCM, CTCD Texas Department of Motor Vehicles

4000 Jackson Avenue Austin, Texas 78731

Richard.oballo@txdmv.gov mailto:Richard.oballo@txdmv.gov

IFB No. 608-27-80594 Page 2 of 25

TABLE OF CONTENTS

TABLE OF CONTENTS

1. PURPOSE AND GENERAL OVERVIEW OF SOLICITATION

1.1. Purpose

1.2. Agency Overview

1.3. Key Definitions

1.4. Legal Authority

2. CONTRACT TERM AND ADMINISTRATION

2.1. Contract Term

3. ADMINISTRATIVE INFORMATION

3.1. Procurement Schedule

3.2. Sole Point of Contact

3.3. Prohibited Communication

3.4. Exception to Sole Point of Contact

3.5. Changes, Modifications, and Cancellation

3.6. Ambiguity, Conflict, or Discrepancy

3.7. Respondent Submits a Solicitation Response at its Own Risk

3.8. Solicitation Questions or Clarifications

3.9. Cancellation Notification

3.10. Withdrawal of Response

4. SPECIFICATIONS

4.1. Description of Goods to be Provided

4.1.1. Deliverables

4.1.2. Service Location

4.1.3. Contractor Performance

4.1.4. TxDMV Responsibilities

4.1.5. Contractor Responsibilities

4.1.6. Training and Safety of Contractor Personnel

4.1.7. Contractor Equipment

4.2. Contractor Uniforms and Identification, if applicable

4.2.1. Telephone Service

5. RESPONSE SUBMISSION REQUIREMENTS

5.1 Conflicts of Interest and Disclosure of Interested Parties

5.2 Taxes

5.3 Texas Identification Number System (TINS)

5.4. TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance

5.5. Solicitation Addenda

5.6. Offer Period

5.7. Public Information Act: Respondent Requirements Regarding Disclosure

5.8. RESPONDENT’S WAIVER – INTELLECTUAL PROPERTY

IFB No. 608-27-80594 Page 3 of 25

6. RESPONSE DELIVERY INSTRUCTIONS AND REQUIREMENTS

6.1. Electronic Mail Submission of Response

6.2. Hand Delivery or Mail Delivery of Response (Optional)

7. SCREENING OF RESPONSES

7.1. Initial Compliance Screening

7.2. Minimum Experience and Qualifications

7.3. Irregularities

7.4. Respondent’s Past Performance

7.5. Required Pricing

8. AWARD

8.1. Protest Procedures

9. GENERAL TERMS AND CONDITIONS

9.1. No Guarantee of Volume, Usage, or Compensation

9.2. Acceptance Criteria

9.3. Delivery Delays and Deliverable Compliance

9.4. Costs Incurred

9.5. Future Contract Development

9.6. Insurance

9.7. Applicable Statutes, Rules, and Regulations

9.8. Cash Discounts

10. LIST OF EXHIBITS AND FORMS

IFB No. 608-27-80594 Page 4 of 25

1. PURPOSE AND GENERAL OVERVIEW OF SOLICITATION

1.1. Purpose

The Texas Department of Motor Vehicles (“TxDMV”), for and on behalf of its Finance and Operations Division, is seeking competitive bids from vendors to provide, install, maintain, and repair gym equipment at the Camp Hubbard Complex, TxDMV Headquarters, in Austin, Texas, located at 4000 Jackson Avenue, Austin, Texas 78731, in accordance with the terms, conditions, and requirements set forth in this Solicitation. The Camp Hubbard Complex is currently under construction.

The Purchasing Section of the Finance and Operations Division (“Purchasing Section”) will administer the procurement process for this Solicitation, which includes Solicitation announcements and publications, vendor communications, receipt of Responses, screening of timely received Responses, and facilitating the evaluation of qualified Responses. The Purchasing Section, in coordination with the TxDMV Office of General Counsel and the division for whom this Solicitation is being posted, manages the negotiation and execution of the Contract award, through the issuance of Contract documents, that may result from this Solicitation.

To be considered for award, a Respondent must execute Exhibit A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance, and provide all other required information and documentation as set forth in this Solicitation.

1.2. Agency Overview

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

TxDMV’s mission is “to serve, protect and advance the citizens and industries in the state with quality motor vehicle related services.” This mission is underpinned by a commitment to responsible stewardship of State resources, operational excellence, maintaining accountability, and a focus on customer-centered service. TxDMV’s governing board – composed of nine members appointed by the Governor – oversees policymaking to ensure TxDMV’s activities align with its statutory directives.

TxDMV staff administer key motor vehicle regulatory services for the State, including vehicle registration and titling; vehicle dealer, manufacturer, and distributor licensing; issuance of oversize and overweight permits; oversight of household goods movers; and awarding grants to local law enforcement to reduce vehicle-related crimes. Enforcement and compliance programs investigate consumer protection complaints related to motor vehicle sales, licensing, and advertising and review claims related to the Texas Lemon Law. Through extensive regulatory and oversight functions, TxDMV plays a vital role in supporting various aspects of Texas’ robust motor vehicle industry, ensuring both consumer protection and efficient service delivery.

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

1.3. Key Definitions

https://www.txdmv.gov/

IFB No. 608-27-80594 Page 5 of 25

In this Solicitation, any Solicitation Response submitted, and any Contract that may result from this Solicitation, the following terms and acronyms have the definitions set forth below, unless the context clearly indicates otherwise. For additional terms and definitions that may be used within this Solicitation, please refer to Exhibit B, TxDMV Contract Uniform Terms and Conditions with Affirmations. All other terms herein have their ordinary and common meanings.

Term Definition

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

Bid An offer to contract with the State, submitted in response to this IFB.

Bidder

An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. May also be referred to as “Respondent”.

Confidential Information

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

devices; techniques; and data. See also, “Confidential Information” as defined in the TxDMV Contract Uniform Terms and Conditions with Affirmations.

Contract

The legally enforceable written agreement between TxDMV and Contractor, which includes the Signature Document (if applicable), Purchase Order, Contract Uniform Terms and Conditions with Affirmations, this Solicitation, Attachments, Exhibits, Amendments, Purchase Order change notices, Technical Guidance Letters issued by TxDMV; and any other document that TxDMV, in its sole discretion, determines to be essential to the Contract, and incorporated into and made part of the Contract for all purposes. TxDMV, in its sole and absolute discretion, may issue a Signature Document and/or Purchase Order.

Contractor The successful Respondent selected by TxDMV to provide the Deliverables to TxDMV under the Contract that may result from this Solicitation.

Deliverables

The goods, products, or Services, including all reports and Contract documentation, required to be prepared, developed, provided, or procured by Contractor under the Contract. May also be referred to in its plural form as “Deliverables.”

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

ESBD The Electronic State Business Daily, an online application administered by the Texas Comptroller of Public Accounts that is used for publishing

IFB No. 608-27-80594 Page 6 of 25 procurement opportunities that exceed $25,000.00 in total estimated value and providing public notice of contract awards. The ESBD may be currently accessed at: http://www.txsmartbuy.com/esbd.

Exhibit

The document(s), schedule, specification, or any other material labeled as an “Exhibit” and attached hereto and incorporated by reference and made a part of this Solicitation. Any such Exhibit may, at the sole discretion of TxDMV, be included by reference and made part of any Contract that may result from this Solicitation, with the same force and effect as if physically attached to and expressly stated within the Contract. References to an Exhibit is this Solicitation or any resulting Contract will be deemed to include all terms, conditions, and requirements set forth in such Exhibit. Also known in its plural form as “Exhibits.”

Party or Parties TxDMV or Respondent, separately or collectively.

Response

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

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

Solicitation

This Invitation for Bids, along with all documents referenced in or attached to this IFB, and any addenda issued by TxDMV and submitted or posted to the ESBD, soliciting responses for the proposed Deliverables set forth herein. The term also includes any documents or communications submitted or issued by TxDMV under which the Deliverables provided under any Contract that may result from this IFB were initially requested. May also be referred to as “IFB.”

Texas Identification Number System (“TINS”)

The Texas Identification Number System, a number that is issued by the Texas Comptroller of Public Accounts and used to identify entities for tax-related purpose.

TxDMV

The Texas Department of Motor Vehicles, an administrative agency within the executive branch of the State, established under Chapter 1001 of the Texas Transportation Code. May also be referred to as “Department” or “Agency.”

Vendor

An individual, business, or entity that supplies goods, products, or services, and may be a potential Respondent to this Solicitation. This term encompasses any party eligible to receive and respond to this Solicitation, including manufacturers, distributers, suppliers, service providers, contractors, or consultants. A vendor may participate individually or as part of a joint venture or partnership, and may act directly or through authority representatives, agents, or subcontractors http://www.txsmartbuy.com/esbd

IFB No. 608-27-80594 Page 7 of 25 during the Solicitation process.

VPTS

The Vendor Performance Tracking System, maintained by the Statewide Procurement Division of the Texas Comptroller of Public Accounts, is a comprehensive online tool that shares vendor performance information between State agencies and public institutions of higher education.

Additional information regarding VPTS may currently be accessed at:

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

1.4. Legal Authority

TxDMV issues this Solicitation under Chapter 2155 of the Texas Government Code, and Chapter 1001 of the Texas Transportation Code.

2. CONTRACT TERM AND ADMINISTRATION

2.1. Contract Term

The initial term of any Contract that may result from this Solicitation is anticipated to be from the Contract Effective Date until August 31, 2027, excluding the warranty period specified in Section 4.1.1 of this Solicitation. The Contract term may be extended, as necessary, to allow for the delivery, installation, and receipt of all equipment procured under the Contract.

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

3. ADMINISTRATIVE INFORMATION

3.1. Procurement Schedule

The Procurement Schedule documented on the cover page of this Solicitation is tentative. TxDMV reserves the right to modify the Procurement Schedule dates at any time by posting an addendum to the Solicitation.

Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of TxDMV.

Responses must be received by TxDMV prior to the Bid Deadline as indicated in the Procurement Schedule or as changed via an Addendum. Every Bidder is solely responsible for ensuring its Response is received before the Bid Deadline. TxDMV is not responsible for lost, misdirected, or late Responses.

By submitting a Response, the Bidder represents and warrants that any individual submitting the Response and any related documents on behalf of the Bidder is authorized to do so and to bind the Bidder under any resulting Contract.

3.2. Sole Point of Contact

https://www.txsmartbuy.com/vpts

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All requests, questions, clarifications, or other communications about this Solicitation must be made in writing only, via email, to TxDMV, addressed to the purchaser listed below (“Sole Point of Contact”).

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office email message. A Respondent seeking to contact the Sole Point of Contact may do so via e-mail to receive any updated contact information.

Sole Point of Contact

Richard Oballo, CTCM, CTCD Texas Department of Motor Vehicles

Finance and Operations Division – Purchasing Section 4000 Jackson Avenue

Richard.oballo@txdmv.gov

See also, Subsection 3.4, Exception to Sole Point of Contact, below.

3.3. Prohibited Communication

Except as provided in Subsection 3.2, Sole Point of Contact, and Subsection 3.4, Exception to Sole Point of Contact, Vendors are prohibited from any communication with TxDMV regarding this Solicitation.

TxDMV, its employee(s), representative(s), and partners will not answer any questions or otherwise discuss the contents of this Solicitation with any Vendor, Respondent, or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Respondents may rely only on written statements issued by or through TxDMV designated staff as provided by Section 3.8, Solicitation Questions or Clarifications. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. Failure to comply with these restrictions may, in the sole discretion of TxDMV, result in the immediate disqualification of the Respondent’s Solicitation Response.

3.4. Exception to Sole Point of Contact

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

1. Respondents with questions relating to the Historically Underutilized Business (“HUB”) Subcontracting Plan (“HSP”) are permitted to direct those questions to the TxDMV HUB Program Office at hub@txdmv.gov.

2. Where it is expressly directed by the Sole Point of Contact that another designated TxDMV representative may speak to the Respondent, such as during Contract negotiations. The Respondent is required to ensure that communications have been authorized by the Sole Point of Contact before mailto:hub@txdmv.gov

IFB No. 608-27-80594 Page 9 of 25 engaging in such communication. Failure to comply with this requirement may, in the sole discretion of TxDMV, result in the disqualification of the Respondent’s Solicitation Response.

3.5. Changes, Modifications, and Cancellation

TxDMV reserves the right to make changes to and/or cancel this Solicitation and will post all changes and modifications, whether made as a result of a potential Respondent’s written inquiries or otherwise, and cancellation notices, on the ESBD. It is the responsibility of the Respondent to check ESBD regularly for any additional information regarding this Solicitation. If the Respondent fails to monitor the ESBD for any changes or modifications to the Solicitation, such failure will not relieve the Respondent of its obligation to fulfill the requirements, as posted.

3.6. Ambiguity, Conflict, or Discrepancy

Respondents must notify the Sole Point of Contact, identified in Section 3.2, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation in the manner and by the deadline described in Section 3.8, Solicitation Questions or Clarifications.

3.7. Respondent Submits a Solicitation Response at its Own Risk

If Respondent fails to properly and timely notify the Sole Point of Contact of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the Solicitation, Respondent, whether awarded a Contract or not: (i) waives any claim of error or ambiguity in the Solicitation and any resulting Contract; (ii) must not contest the interpretation by TxDMV of such provision(s); and (iii) is not entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

3.8. Solicitation Questions or Clarifications

TxDMV will allow written questions and requests for clarification regarding this Solicitation. Inquiries must be submitted by email to the Sole Point of Contact, identified in Subsection 3.2, by the deadline set forth in the Procurement Schedule. Respondent has the opportunity to submit written questions and requests for clarification prior to the submission of its Response. TxDMV will respond to questions and requests for clarification received no later than the date and time specified in Subsection 3.1, Procurement Schedule.

All questions and requests for clarification must be submitted utilizing Exhibit F, Questions and Answers Form. Responses to questions or other written requests for clarification will be consolidated, de-identified and posted to the ESBD and will not be provided individually to requestors.

TxDMV reserves the right to amend previously posted answers prior to the deadline for submission specified in Subsection 3.1, Procurement Schedule. Any amended answers will be posted on the ESBD. It is the Respondent’s sole responsibility to monitor the ESBD for updates. TxDMV also reserves the right, at its sole discretion, to provide a single consolidated response to all similar questions or requests for clarifications.

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Questions or requests for clarification received after the deadline set forth in Subsection 3.1, Procurement Schedule, may be reviewed by TxDMV, in its sole discretion, but may not be answered. Only answers to questions submitted to the Sole Point of Contact in writing, in accordance with this Subsection, are binding.

3.9. Cancellation Notification

TxDMV reserves the right to cancel this Solicitation at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this Solicitation.

3.10. Withdrawal of Response

Responses may be withdrawn from consideration or amended at any time prior to the Bid Deadline by submitting a written request by e-mail to the Sole Point of Contact.

The e-mail subject line for withdrawal should contain the Solicitation (IFB) number as indicated on the cover page of this Solicitation. The Bidder is solely responsible for ensuring the email is received by TxDMV before the Response Deadline. TxDMV is not responsible for lost or misdirected e-mails.

4. SPECIFICATIONS

4.1. Description of Goods to be Provided

Respondent will provide quotes for the following gym equipment (“Equipment”), to be delivered to and placed within the TxDMV Fitness Center at the Location, See Attachment 1, TxDMV Fitness Center Layout. The equipment identified below represents the Agency's minimum requirements and preferred specifications. The Agency will consider equivalent, compatible, or superior products that meet or exceed the stated specifications and functional requirements. Any proposed alternative equipment must be identified in the Vendor's response and include sufficient documentation demonstrating equivalency or superiority. The color scheme of all proposed equipment shall be consistent with the color scheme specified below or may be approved by TxDMV with the Contractor.

Item Description Model / Part Number

Qty

Precor Smith Machine (Black Frame) PWDPL802-B 1

Troy 45 Lb. Rubber Encased Grip Plate GO-045R 10

Troy 25 Lb. Rubber Encased Grip Plate GO-025R 8

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Item Description Model / Part Number Qty

Troy 10 Lb. Rubber Encased Grip Plate GO-010R 4

Troy 5 Lb. Rubber Encased Grip Plate GO-005R 2

Concept2 SkiErg with PM5 (Black Only) SKIERG PM5 1

Concept2 SkiErg Optional Floor Stand

SKIERG

FLOOR

STAND

Precor FTS Glide Functional Strength Trainer, Black

CWFTS-

GLIDE-B

Precor Vitality Leg Extension/Leg Curl (240 lb stack with 5 lb add-on system) (Black Frame/Black Upholstery) C027BP 1

Precor Vitality Leg Press w/Calf Extension (295 lbs with add-on system) (Black Frame/Black Upholstery)

C010BP 1

Precor Vitality Pulldown/Seated Row (225 lb stack with 7.5 lb add-on system) (Black Frame/Black Upholstery) C026BP 1

Precor Vitality 3 Tier, 15 Pair Flat Tray (Black) PWVBR6805- B

TAG 5-75 lb Rubber Hex Dumbbell (Pair)

HEX 5-75

SET 1

Precor SCL 835 Climb with Exclusive Dynamic Step Control (120V), P31 Console (Tungsten Shroud/Black Frame)

SCL 835-B

NP

Concept2 Model D Indoor Rower with PM5, 14" Seat Height (Black) 2712-US 1

Precor EFX 635, Dual Action w/Adjustable CrossRamp, P31 Console (Tungsten Shroud/Black Frame)

EFX 635-B

NP

Precor 635 RBK Recumbent Bike, P31 Console (Tungsten Shroud/Black Frame)

RBK 635-B

NP 2

IFB No. 608-27-80594 Page 12 of 25

Number Qty

Precor TRM 631 Treadmill, 120V, P31 Console (Tungsten Shroud/Black Frame)

TRM 631-B

NP

Torque X-Create 1 Module Storage Wall (Satin Black), includes 4

XCREATE-4AT, 1 XCREATE-4BS, 1 XCREATE-4SX, 1 XRACK-BRA

XCSW-1M-

07 1

Torque 4 Ft (1.2M) Counter Balance & Outrigger Attachment XCREATE-

4CBOA-101

Troy VTX Rubber Kettlebell 10 lb CKB-010 1

Troy VTX Rubber Kettlebell 15 lb CKB-015 1

Troy VTX Rubber Kettlebell 20 lb CKB-020 1

Troy VTX Rubber Kettlebell 25 lb CKB-025 1

Troy VTX Rubber Kettlebell 30 lb CKB-030 1

Troy VTX Rubber Kettlebell 35 lb CKB-035 1

Troy VTX Rubber Kettlebell 40 lb CKB-040 1

Troy VTX Rubber Kettlebell 45 lb CKB-045 1

Precor Vitality Flat, Incline, Decline Bench (Black)

PWVBR6117-

B 3

Torque Torpedo Bag, 10 lb CBT-10-102 1

Torque Torpedo Bag, 20 lb CBT-20-102 1

Torque Torpedo Bag, 30 lb CBT-30-102 1

Torque Torpedo Bag, 40 lb CBT-40-102 1

TRX Commercial Suspension Trainer v.4 (rubber handles, locking carabiner) TRXCLUB4 1

TAG 20' 1-1/2" Black PolyDacron Battle Rope with Heat Shrink Grips ACC-ROPE 1.5/20

IFB No. 608-27-80594 Page 13 of 25

Number Qty

TAG Xertone Resistance Tube with Handles (5-Tube Set) XERTONE-

SET

Escape 4 lb Enduraball ENDUR015 1

Escape 8 lb Enduraball ENDUR035 1

Escape 12 lb Enduraball ENDUR055 1

4.1.1. Deliverables

The Contractor will provide the following Deliverables, only upon TxDMV issued Purchase Order:

1) Provision (sale) of all above referenced Equipment at the pricing quoted in the Contractor’s completed and submitted Exhibit E, Pricing Sheet;

2) Delivery and placement of the Equipment in the TxDMV Fitness Center at the Location, See Attachment 1, TxDMV Fitness Center Layout;

3) Installation of all applicable Equipment (requiring installation);

4) Installed Equipment adjustments for 1 year after Equipment installation by Contractor;

5) A one-year repair and maintenance plan for the Equipment (post delivery and installation); and

6) A one-year Contractor warranty from the date of Equipment delivery for Equipment defects, repair, and maintenance, to run concurrently with any Equipment manufacturer’s standard warranty.

4.1.2. Service Location

The Deliverables will be provided at the location below (“Location”). TxDMV, at its sole discretion, during the Contract term, and with a 30 day advance written notice, reserves the right to change, consolidate, delete or add service locations.

Texas Department of Motor Vehicles 4000 Jackson Avenue

4.1.3. Contractor Performance

The Contractor will provide all Deliverables Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. (Central Time). Contractor must not interfere with normal flow of business at the service location.

A. Performance Reporting

IFB No. 608-27-80594 Page 14 of 25

The TxDMV Contract Representative is required to report vendor performance for purchases over $25,000 through the Texas Comptroller of Public Accounts (“CPA”) Vendor Performance Tracking System (“VPTS”). VPTS reporting is required throughout the life of an agency contract and not just at its conclusion. TxDMV, at its sole discretion, may submit reports in the VPTS on Contracts under $25,000.

The VPTS information and report search may be accessed at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

B. Performance Notification – Non-Material Deficiency

TxDMV may notify Contractor in writing of specific areas of the Contractor’s performance that fail to meet performance expectations, standards, or schedules, but that, in the determination of TxDMV, do not result in a material deficiency or delay in Service delivery.

C. Performance Issues

The Contractor will correct all performance issues reported by the TxDMV Contract Representative within 48 business hours. If requested by TxDMV, the Contractor will provide a written report detailing the performance issue(s) and resolution. TxDMV’s Contract Representative will report/discuss performance deficiencies with the Contractor and seek to resolve these issues.

4.1.4. TxDMV Responsibilities

TxDMV will provide reasonable access to the TxDMV facility(ies) where the Deliverables will be provided.

4.1.5. Contractor Responsibilities

TxDMV will look solely to the Contractor(s) for the performance of all contractual obligations under any Contract resulting from this Solicitation. No Contractor will be relieved of its obligations for any nonperformance by its employees or Subcontractors.

The Contractor will be responsible for supervision, clean up and proper disposal of any site work waste.

Contractor will be responsible for a one-year repair and maintenance plan for the Equipment as stated in Section 4.1.1, Deliverables.

Contractor will be responsible for a one-year Contractor warranty from the date of Equipment delivery as stated in Section 4.1.1, Deliverables.

The Contractor will comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, but not limited to, applicable workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

4.1.6. Training and Safety of Contractor Personnel

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/ https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

IFB No. 608-27-80594 Page 15 of 25

All Contractor personnel assigned to provide the Deliverables under the Contract must be trained, experienced, and qualified to provide the Deliverables. Contractor will provide adequate training to all its personnel assigned to provide the Deliverables regarding the roles, responsibilities, and technical aspects of the Work. The Contractor is required to provide current copies of the completed training and of the license or accreditation certificate(s) related to the provision of Deliverables upon request by the TxDMV Contract Representative. This requirement applies to all Contractor personnel.

The Contractor will be responsible and liable for the safety and health of its personnel while they are performing Work at the Location.

Contractor will provide all required safety equipment and instruct its personnel to observe all TxDMV safety policies, rules and requirements at all times.

Contractor must report the existence of any unsafe condition(s) at the Location to the designated Contractor Contract Representative and TxDMV Contract Representative.

4.1.7. Contractor Equipment

Contractor will be responsible for the provision, security, maintenance, loss, or damage to its equipment or its Subcontractor’s equipment while at the Location.

TxDMV will not be held responsible for damage to or loss of the Contractor’s or Subcontractor’s equipment while at the Location, while in route to the Location, or in route from the Location.

4.2. Contractor Uniforms and Identification, if applicable

All Contractor and Subcontractor employees or on-site managers are required to be identifiable by uniforms or badges while providing services at the Location.

4.2.1. Telephone Service

Contractor will maintain an active telephone service in operation between 8:00 a.m. and 5:00 p.m. Central Time, Monday through Friday, for Equipment repair, maintenance, and adjustment requests, unless otherwise stated in the Solicitation.

5. RESPONSE SUBMISSION REQUIREMENTS

TxDMV will select the qualified Response to this IFB that offers the best value to the State, as determined by the information provided in the Response.

5.1 Conflicts of Interest and Disclosure of Interested Parties

The Respondent must certify that it does not have any personal or business interests that present a conflict of interest with respect to this Solicitation and any resulting Contract. Respondent must disclose potential conflicts of interest and describe the measures it will take to ensure that there will be no actual conflict of interest and that its fairness, independence, and objectivity will be maintained. Additionally, Respondent is

IFB No. 608-27-80594 Page 16 of 25 required to complete and return Exhibit C, Respondent’s Disclosure of Potential Conflicts of Interest Form and provide all information requested on the form. TxDMV will determine to what extent, if any, a potential conflict of interest can be mitigated and managed during the term of the Contract. Failure to identify actual and potential conflicts of interest may result in disqualification of a Solicitation Response or termination of any Contract that may result from this Solicitation.

Please include any activities of affiliated or parent organizations and individuals who may be assigned to the Contract, if any.

Additionally, in accordance with Section 2252.908 of the Texas Government Code, any successful Respondent awarded a Contract resulting from this Solicitation, valued at $1 million or greater, or necessitating a governing body’s action or vote, is required to file a ‘Certificate of Interested Parties’ form (Form 1295) with the Texas Ethics Commission (“TEC”). A copy of this form must also be provided to the Sole Point of Contact, identified in Section 3.2, before the business entity can sign the Contract, unless a Section 2252.908(c) exemption applies. Detailed rules and filing instructions are available on TEC’s website, currently accessible at: https://www.ethics.state.tx.us/filinginfo/1295/. TxDMV will provide further guidance regarding this requirement to the successful Respondent upon notice of the award.

5.2 Taxes

Purchases made for State use are exempt from the State sales tax and federal excise tax. Bidders will not include taxes in their Responses, nor will the successful Bidder include taxes in its invoice(s) associated with any Contract that may result from this Solicitation. Excise tax exemption certificates are available from TxDMV upon request.

5.3 Texas Identification Number System (TINS)

The Bidder must enter its eleven-digit TINS number, full name, and address in the spaces provided in Exhibit A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance.

5.4. TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance

Bidders must complete, sign, and return Exhibit A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance as part of their Response. Failure to comply with this requirement will disqualify the Response.

5.5. Solicitation Addenda

Addenda for changes, modifications and answers to questions or requests for clarification as well as subsequent Addenda with amended answers to questions or requests for clarifications, will be posted to the ESBD. Bidders are responsible for checking the ESBD for updates to this Solicitation prior to submitting its Response and the Response Deadline. A Bidder’s failure to check the ESBD does not release it from the requirements of any Addenda nor permit it to increase or withdraw its Response.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2252.htm#2252.908 https://www.ethics.state.tx.us/filinginfo/1295/

IFB No. 608-27-80594 Page 17 of 25

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

If a Bidder has submitted its Response prior to an addendum being posted to the ESBD, the Bidder may email the signed addendum to the TxDMV Sole Point of Contact identified in Subsection 3.2 with a copy to purchasing@txdmv.gov before the Response Deadline.

5.6. Offer Period

Solicitation Responses will be binding for a period of 120 days after the Bid Deadline. A Respondent may extend the time for which its Solicitation Response will be honored.

5.7. Public Information Act: Respondent Requirements Regarding Disclosure

Respondent acknowledges through the submission of its Response, that Responses and any resulting Contract(s) are subject to the Texas Public Information Act (“PIA”), Chapter 552 of the Texas Government Code, and may be disclosed to the public upon request. Additionally, TxDMV is required to post Contract(s), including any associated Attachments (such as the Contractor’s Solicitation Response), on its public website, and to provide such contractual documents to the Legislative Budget Board for posting on its public website.

Under the PIA, certain information may be protected from public release. If a Respondent believes that information provided in its Response to this Solicitation is excepted from disclosure under the PIA, the Respondent must follow the requirements set out in the following subsections.

1. Unredacted Original Response. “Submit the original Response, labeled on the top of the front page in large, bold, uppercase letter, at least 12-point font, as “ORIGINAL RESPONSE.” The Response and any attachments must contain no redactions, markings, or reference to confidential or proprietary information, and this version must be complete and unaltered.

2. Public Information Act Copy of Response. Submit a separate “PUBLIC INFORMATION ACT

COPY” of the original Response (in addition to the original and all copies otherwise required under the provisions of this Solicitation). The Public Information Act Copy must meet the following requirements:

i. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

ii. Each portion Respondent claims is exempt from public disclosure must be redacted (blacked out);

iii. Respondent must identify, adjacent to each redaction, the claimed exemption from disclosure.

Each identification provided as required in this Subsection must be identical to those set forth in the original Response. The only difference in required markings and information between the original Response and the “Public Information Act Copy” of the Response will be redactions -which can only be included in the “Public Information Act Copy.” There must be no redactions in the original Response.

mailto:purchasing@txdmv.gov

IFB No. 608-27-80594 Page 18 of 25

By submitting a Response to this Solicitation, Respondent agrees that, if Respondent does not mark the original Response and submit the Public Information Act Copy, Respondent’s Response will be considered to be public information that may be released to the public, with 10 days advance written notice to the Respondent, in any manner including, but not limited to, in accordance with the Public Information Act, posted on TxDMV’s public website, and posted on the Legislative Budget Board’s public website.

If a Respondent submits partial, but not complete, information suggesting inclusion of confidential information and failure to comply with the requirements set forth in this Subsection, TxDMV, in its sole discretion and in any Solicitation, reserves the right to (i) disqualify the Respondent, or (ii) to offer Respondent additional time to comply.

Respondent should not submit a Public Information Act Copy indicating that the entire Response is exempt from disclosure. Merely making a blanket claim that the entire Response is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable, and may render the entire proposal subject to release under the PIA.

A Response should not be marked or asserted as copyrighted material. If the Respondent claims copyright to any portion of its Response, the submission constitutes agreement by the Respondent, that the State of Texas, including TxDMV and any other State agency, may reproduce and post the Response and any related materials on public websites without cost or liability to the State.

TxDMV will strictly adhere to the requirements of the PIA regarding the disclosure of public information.

As a result, by participating in this Solicitation process, Respondent acknowledges that all information, documentation, and other materials submitted in the Response may be subject to public disclosure under the PIA. TxDMV does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General.

Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TxDMV assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by a Respondent.

For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, please refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the Office of the Texas Attorney General’s Open Government Hotline at (512) 478-OPEN (512-478-6736) or toll-free at 877-OPEN TEX (877-673-6839). To access the Texas Public Information Act Handbook, please visit the attorney general’s website at https://www.texasattorneygeneral.gov/.

5.8. RESPONDENT’S WAIVER – INTELLECTUAL PROPERTY

BY SUBMITTING ANY DOCUMENT OR MATERIAL IN RESPONSE TO THIS

SOLICITATION, THE RESPONDENT IRREVOCABLY AGREES TO THE FOLLOWING: (i)

THE RESPONDENT WAIVES ANY CLAIM AGAINST THE STATE, TXDMV, AND/OR THEIR

OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES,

AND/OR DESIGNEES RELATED TO ANY ALLEGED INFRINGEMENT OF THE

https://www.texasattorneygeneral.gov/

IFB No. 608-27-80594 Page 19 of 25

RESPONDENT’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS ARISING

FROM TXDMV’S USE OF THE DOCUMENTS OR MATERIALS SUBMITTED BY THE

RESPONDENT; (ii) THE RESPONDENT MUST DEFEND, INDEMNIFY, AND HOLD

HARMLESS THE STATE, TXDMV, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,

REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM AND

AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND

EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR

RELATED TO ANY ACTUAL OR ALLEGED VIOLATION, MISAPPROPRIATION, OR

INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR

OTHER INTELLECTUAL PROPERTY RIGHTS BY DOCUMENTS OR MATERIALS

SUBMITTED TO TXDMV BY THE RESPONDENT IN ACCORDANCE WITH THE TXDMV

CONTRACT UNIFORM TERMS AND CONDITIONS WITH AFFIRMATIONS; (iii) SHOULD

ANY SUBMITTED DOCUMENT OR MATERIAL BECOME, OR IN TXDMV’S OPINION IS

LIKELY TO BECOME, THE SUBJECT OF A CLAIM OF INFRINGEMENT, THE

RESPONDENT, AT ITS SOLE EXPENSE, MUST EITHER (i) PROCURE FOR TXDMV THE RIGHT TO CONTINUE USING THE DOCUMENT OR MATERIAL; OR ii) REPLACE OR

MODIFY THE DOCUMENT OR MATERIAL SO THAT IT BECOMES NON-INFRINGING,

WHILE MAINTAINING EQUIVALENT FUNCTION AND PERFORMANCE. ANY

ASSUMPTION, EXCEPTION, OR OBJECTION TO THIS SUBSECTION IN THE

RESPONDENT’S SOLICITATION RESPONSE WILL RESULT IN THE DISQUALIFICATION

OF THE RESPONSE.

6. RESPONSE DELIVERY INSTRUCTIONS AND REQUIREMENTS

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

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

Responses submitted by any other method not specified in this Solicitation will not be accepted or considered.

6.1. Electronic Mail Submission of Response

1. Responses, including all documents required by this Solicitation, submitted by email must be sent to Richard.oballo@txdmv.gov with a copy to purchasing@txdmv.gov by the Response Deadline.

If TxDMV, in its sole discretion, determines all or any portion of a Response submitted is received late, is illegible, or is otherwise nonresponsive due to equipment failure or user error, the Response or applicable portion of the Response will be considered late and will be rejected. TxDMV will notify a Bidder if its Response was rejected.

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

mailto:purchasing@txdmv.gov

IFB No. 608-27-80594 Page 20 of 25

IFB No. 608-27-80594 Gym Equipment Services

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

3. Responses cannot be altered or amended after the Response Deadline. Alterations made prior to the Response Deadline must be initialed by the Bidder or its authorized representative. No Response may be withdrawn after the Response Deadline without written approval from TxDMV.

4. Responses, including all documents required by this Solicitation, must clearly reference the

Bidder’s full legal name and the Solicitation title and number, as well as include a table of contents with all pages being numbered consecutively and reflect the total number of pages in the Response.

5. Responses may not include brochures, pamphlets, or other printed materials not specifically requested in this Solicitation.

6. Electronic Responses, including all documents required by this Solicitation, should be submitted in Microsoft Office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft Office® software, or Adobe® portable document format (“PDF”). All documents with signatures must be submitted as a PDF file. TxDMV is not responsible for documents that cannot be read or converted. Unreadable Responses, at TxDMV’s sole discretion, will be rejected as nonresponsive.

6.2. Hand Delivery or Mail Delivery of Response (Optional)

1. Responses may also be submitted in hard copy or on USB drives, may be hand-carried or delivered by overnight service or U.S. Mail before the Response Deadline to the address listed below.

Responses received after the Response Deadline will not be considered. TxDMV, in its sole discretion, will either return the rejected Response to the Respondent or dispose of it in accordance with TxDMV policy.

U.S. Postal Service, Overnight/Express Mail, or Hand Delivery

Texas Department of Motor Vehicles Purchasing Section

4000 Jackson Avenue

Attn: richard.oballo@txdmv.gov

2. All Responses hand delivered or mailed must be in a package plainly marked as “IFB No. 608-mailto:richard.oballo@txdmv.gov

IFB No. 608-27-80594 Page 21 of 25

27-80594, Gym Equipment Services. All deliveries will be received and logged.

3. When hand-delivering or mailing a Response, the Respondent should place a label in the lower left-hand corner of the sealed mailing envelope or box that contains the required Solicitation information. If the Response requires more than one envelope or box, the label on each sealed envelope or box should include the number of sealed envelopes or boxes (e.g., 1 of #). If a delivery service is used that prohibits such markings on the outside of the package, this information must be placed in plain view on the outside of an interior envelope or package.

7. SCREENING OF RESPONSES

7.1. Initial Compliance Screening

The TxDMV Sole Point of Contact will perform an initial compliance screening of all Responses received prior to the Response Deadline. The initial screening will check for compliance with various content requirements and minimum qualification requirements defined in this Solicitation. Any Response that is unsigned and/or does not include all required documents will be disqualified. Notwithstanding the proceeding sentence, TxDMV reserves the right to waive minor technicalities and/or immaterial requirements in a Response and award a Contract that may result from this Solicitation that is in the best interest of the State.

Additionally, TxDMV also reserves the right to request clarification from a Bidder who fails to meet any initial compliance requirements prior to rejecting a Response for material noncompliance with any requirements or for non-responsiveness.

7.2. Minimum Experience and Qualifications

Respondent and its personnel assigned to perform Services under any Contract awarded as a result of this Solicitation must meet the minimum qualifications listed below.

A. Respondent must be authorized to do business in the State of Texas.

B. Respondent and its personnel must possess a valid driver’s license acceptable in the State of Texas.

C. Respondent and its personnel must have no driving under influence or driving while intoxicated incidents on driving record within the past three years.

D. Respondent and its personnel assigned to provide the delivery must be at least 18 years of age.

E. Respondent must be financially solvent and adequately capitalized to provide the Services and

Deliverables.

F. Respondent must submit a Solicitation Response in accordance with the requirements of this

Solicitation.

G. Respondent must be fluent in English, speaking in a manner used in most office environments, with the ability to receive, give, and understand written and oral instructions, in English.

H. A Respondent who receives an overall score on the VPTS of less than a “C” may be disqualified from consideration for award.

7.3. Irregularities

IFB No. 608-27-80594 Page 22 of 25

TxDMV reserves the right to waive irregularities in a Response. An irregularity is an omission or error that, in TxDMV’s determination if waived or modified when screening Responses, would not give a Bidder an unfair advantage over other Bidders or result in a material change in the Response or Solicitation requirements.

TxDMV, at its sole discretion, may give a Bidder the opportunity to submit missing information or make corrections. The missing information or corrections must be submitted to the Sole Point of Contact e-mail address by the deadline set by TxDMV. Failure to respond before the deadline may result in TxDMV’s rejecting the Response and the Bidder not being considered for award.

Note: Any disqualifying factor set forth in this Solicitation does not constitute an irregularity (e.g., Submission of a completed Exhibit A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance, which must be signed and submitted with the Solicitation Response).

7.4. Respondent’s Past Performance

TxDMV, in its sole and absolute discretion, may disqualify a Respondent when it determines there is an unacceptable risk that the Respondent would fail to perform any Contract that may result from this Solicitation. The Respondent bears the burden of establishing that it is a responsible vendor capable of performing the type of services required by this Solicitation and meeting the anticipated demand from TxDMV.