ESBD_File_338981_1 - 304T-24-070M1 Fleet Part A.pdf

7-2023 Solicitation No. 304T-24-070M1 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Fleet Trucks, Automobiles, and Law Enforcement Vehicles

IFB No. 304T-24-070M1

NIGP CLASS-ITEMs 071-04 071-05 072-02 072-03 072-04 072-05

SCHEDULE OF EVENTS

ESBD Posting Date 10/23/2023 Courtesy Review of HUB Subcontracting Plan (HSP) Submission Deadline 11/10/23

Pre-Bid Meeting 11/2/23 via MS Teams. See A.11.5 Questions Submission Deadline Date 11/3/23 Response to Questions through Addendum Date Or as soon thereafter as practical 11/7/23

RESPONSE DUE DATE 11/30/23

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

Please read all instructions, documentation, and requirements contained within this Solicitation.

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

ATTACHMENT A - EXECUTION OF RESPONSE

HUB SUBCONTRACTING PLAN (HSP) – Reference Section A.12

MANDATORY PRICE SHEET(S)

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

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable

FRANCHISED MOTOR VEHICLE DEALER DOCUMENT

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

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

RESPONDENT MUST SUBMIT THE MANDATORY PRICE SHEET ELECTRONICALLY

IN THE ORIGINAL FORMAT.

Respondent must submit an electronic Response to the following email address:

SPD.ebids@cpa.texas.gov.

CPA recommends beginning the process well in advance of 1:30 pm on the due date.

mailto:SPD.ebids@cpa.texas.gov

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 BASE VEHICLE; OEM OPTIONS AND SERVICES; AND CONTRACTOR’S CONSTANT

A.4.2 THIRD PARTY (NON-OEM) OPTIONS AND SERVICES

A.4.3 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION FOR NON-OEM OPTIONS AND SERVICES

A.5.3 PRICE ADJUSTMENT REQUESTS FOR NON-OEM OPTIONS AND SERVICES

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 REFERENCED BRAND EXAMPLE

A.7.2 BID REQUIREMENTS

A.7.3 SPECIFICATIONS

A.7.4 INTENT OF SPECIFICATION

A.7.5 CONDITION OF PRODUCTS

A.7.6 QUANTITIES

A.7.7 ADDING NEW VEHICLES MODELS

A.7.8 WARRANTY REQUIREMENTS – SEE ATTACHMENT E FOR COMPLETE WARRANTY, WARRANTY SERVICE, AND

SERVICE CONTRACTS INFORMATION

A.8 SHIPPING, DELIVERY, AND PACKAGING

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

A.8.2 DELIVERY REQUIREMENTS

A.8.3 DELIVERY SCHEDULE

A.8.4 DELIVERY DELAY PENALTIES

A.8.5 COMPLIANT PRODUCTS

A.8.6 CONTRACTOR PICKUP AND REMOVAL OF NON-COMPLIANT VEHICLES

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 CUSTOMER RESPONSIBILITY

A.10.3 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.4 REPORTING REQUIREMENTS (MANAGED)

A.10.5 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 PRE-BID CONFERENCE (VIRTUAL)

A.11.6 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 HUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

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A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

A.14.3 NEGOTIATIONS AND CLARIFICATIONS

A.14.4 BEST VALUE

A.14.5 TIES

A.15 BEST VALUE AND AWARD PROCESS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

A.15.4 SUBSTITUTIONS

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D – INSURANCE STATEMENT OF INTENT

A.16.6 HUB SUBCONTRACTING PLAN (HSP) - REFERENCE SECTION A.12

A.16.7 MANDATORY PRICE SHEET

A.16.8 ASSUMPTIONS AND EXCEPTIONS

A.16.9 CONFLICT OF INTEREST DISCLOSURE

A.16.10 FRANCHISED MOTOR VEHICLE DEALER

A.16.11 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

A.1 DEFINITIONS

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

TERM DEFINITION

Bid An offer to contract with CPA, submitted in response to this bid invitation issued by CPA.

Bidder An individual or entity that submits a Bid. Unless the context clearly indicates otherwise, all terms and conditions of this Contract that refer to Bidder apply with equal force to Contractor.

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

Contractor Any Respondent awarded a Contract based on this Solicitation.

Contractors Constant

Refer to section A.4.1.

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

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

Dealer Invoice Refer to section A.4.1.

ESBD The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd

Fleet Purchase A vehicle purchase by the Customer using the dealer’s OEM order process and for which the dealer invoice for the vehicle shall show the OEM price http://www.txsmartbuy.com/esbd

Page A5 concession for the government purchase. Fleet purchases do not contain “holdback”, floorplan assistance, or other dealer assistance.

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

GVWR Gross Vehicle Weight Rating

Holdback A form of compensation from the OEM to a dealer for the retail sale of a vehicle by the dealer which is included in the OEM to dealer invoice price.

Invitation for bids (IFB)

A written request for submission of a bid. This solicitation is an IFB.

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

Retail Purchase

A vehicle purchase by the Customer from a Contractor’s inventory. For purposes of this solicitation, dealer trades and dealer retail allotment are considered Contractor’s inventory. The dealer invoice will not show OEM price concessions for the government purchase and may contain “holdback”, floorplan assistance, or other dealer assistance or incentive provisions.

Required Features

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

Respondent Any person who submits a Response to this Solicitation.

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

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

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

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for Fleet Trucks, Automobiles and Law Enforcement Vehicles.

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

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences upon the issuance of a Notice of Award by CPA and automatically expires November 30, 2024

1st Renewal Option: December 1, 2024, through November 30, 2025 2nd Renewal Option: December 1, 2025, through November 30, 2026

CPA may unilaterally renew the Contract.

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A.4 PRICING

A.4.1 Base Vehicle; OEM Options and Services; and Contractor’s Constant

Response prices, the price a Customer will be charged, shall be Dealer Invoice plus Contractor’s Constant for the base vehicle and all OEM options and services, plus the bid price for third-party options and services as shown on the Mandatory Price Sheet and submitted with the Response, as applicable. Dealer Invoice will be determined at the time of purchase. Contractor’s Constant and third-party options and services will be bid by series (see Mandatory Price Sheet) and shall be submitted with the Response.

(1) Dealer Invoice shall be defined as the amount the dealer paid for a base vehicle and OEM options and services as reflected on the invoice from the OEM to the dealer.

a. The Dealer Invoice must reflect the OEM government price concession for the State of Texas Contract if the vehicle is ordered via Fleet Purchase.

b. Base vehicle and OEM options must be ordered in the most cost-effective manner possible. i.e., via option packages where appropriate.

c. Contractor retains holdback and any dealer specific sales goal achievement incentives where applicable.

d. Prior to billing, and upon request of CPA or Customer, Dealer must provide OEM generated, VIN specific, documentation which verifies actual OEM to Dealer Invoice pricing, and OEM concessions where applicable, for the State of Texas contract.

(2) Contractor’s Constant is defined as the amount charged by Contractor per vehicle (bid may vary by series) that is in addition to the Dealer Invoice price (as defined above). This Solicitation has provisions for two Contractor’s Constants, one for Fleet Sales, one for Retail Sales, due to the different price structure of each market.

The Contractor’s Constants may be a positive or negative number when such things as dealer incentive programs are taken into account by Contractor when bidding. The Contractor’s Constants will remain unchanged for the life of the contract and must include all Contract requirements. Therefore, the Respondent must consider all Contract requirements outlined in the solicitation documents, in addition to Contractor’s overhead and profit when bidding a Contractor’s Constant.

Contract requirements covered by the Contractor’s Constant include, but are not limited to, the following:

a. Pre-delivery service.

b. State Vehicle Inspection.

c. Tax, Title, and License (temporary plates/tags) processing.

d. 3 years/36,000 miles bumper to bumper warranty.

e. 5 years/100,000 miles powertrain warranty.

f. Shipping shall be FOB destination; therefore, the Contractor’s Constant must include dealer-incurred costs for statewide delivery (i.e., all shipping, handling, and delivery fees and fuel surcharges).

Note: The price bid for the Contractors Constant is the maximum price the Contractor may charge for the Contractor’s Constant. The Contractor may lower the price charged for the

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Contractor’s Constant for a specific transaction or all transactions.

A.4.2 Third Party (Non-OEM) Options and Services

Response prices for non-OEM options and services must be firm, fixed, all inclusive, prices which include all fees including, but not limited to, FOB freight, and installation. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

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

A.4.3 Pricing Structure – Firm Price with Escalation

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

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

A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that may become available. Contractors shall notify CPA of price decreases or discount increases by e-mail to:

spd.cmo@cpa.texas.gov

A.5.2 Price Adjustment Calculation for non-OEM options and services

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

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

Producer Price Index: PCU441330441330P Automotive parts and accessories retailers

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

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

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

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

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

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

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

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

A.5.3 Price Adjustment Requests for non-OEM options and services

Proposed pricing must remain firm for the model year of vehicle bid. At model year changeover, price adjustments may be requested based upon the formula in Section A.5.2.

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

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

Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov

A.5.4 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five working days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified in the table below. The Response should also describe other insurance coverage maintained

Page A9 by Respondent in the ordinary course of business and provide proof of same in its Response. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See Section A.16.8. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

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

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

Commercial General Liability (Occurrence based) Required types of coverage: Blanket, Broad Form Property Damage, Premises and Operations Hazards, Products and Completed Operations Hazards, Independent Contractor’s, and Contractual Liability

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability

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

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

Workers’ Compensation (Required if the Contractor has one or more employees)

Statutory Limits

Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Umbrella or Excess Liability

$1,000,000 of additional coverage (either Umbrella or Excess Liability) for all liability policies required for this Contract (excluding Workers’ Compensation insurance)

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

All required insurance policies must be issued from a company or companies with a Financial Strength Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

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All insurance policies must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to CPA. Except as specified below, all insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this Contract or any purchase order.

Within five business days of receiving the Notice of Award, Contractor shall submit current certificates of insurance to CPA. Notices will be sent to spd.cmo@cpa.texas.gov. Failure to submit acceptable proof of insurance may result in termination. Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR.

Contractor must obtain CPA’s prior approval of an SIR in excess of $10,000, and provide any documentation requested by SPD.

Contractor shall:

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

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

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

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

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Referenced Brand Example

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

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A.7.2 Bid Requirements

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

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

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

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

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

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

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

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

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

A.7.3 Specifications

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

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

Series Description A100 Compact Sedan - 100 to 109.9 cu ft A110 Mid-size Sedan - 110 to 119.9 cu ft A120 Large Sedan - 120 cu ft or more X119 Small Crossover/Wagon - Less than 120 cu ft X120 Mid-size Crossover/Wagon - 120 to 134.9 cu ft X135 Full-size Crossover/Wagon - 135 to 159.9 cu ft X160 Large Crossover/Wagon - 160 cu ft or more S159 Full-size SUV - Less than 159.9 cu ft S160 Large SUV - 160 cu ft or more

A120PUR LE Pursuit, Large Sedan - 120 cu ft or more XS135PUR LE Pursuit, Full-size Crossover/SUV - 135 cu ft or more XS159SSV LE SSV, Full-size Crossover/SUV - Less than 159.9 cu ft

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XS160SSV LE SSV, Large Crossover/SUV - 160 cu ft or more 1520SSV LE SSV, Class 2A - Pickup, Crew Cab (6,001 - 8,500 lb. GVWR)

PV169 Mid-size Passenger Van - Less than 169.9 cu ft PV170 Large Passenger Van - 170 cu ft or more CV169 Mid-size Cargo Van - Less than 169.9 cu ft cargo volume CV170 Large Cargo Van - 170 cu ft cargo volume or more

Cutaway Cutaway Van Cab and Chassis 1400 Class 1 - Mid-size Pickup, less than 6000 lb. GVWR, all cab/bed sizes 1500 Class 2A - Full Size Pickup, 6,001 - 8,500 lb. GVWR, all cab/bed sizes 2500 Class 2B - Full Size Pickup, 8,501 - 10,000 lb. GVWR, all cab/bed sizes 3500 Class 3 - Full Size Pickup, 10,001 - 14,000 lb. GVWR, all cab/bed sizes 4501 Class 4 - Truck, 14,001 - 16,000 lb. GVWR, all cab sizes 5501 Class 5 - Truck, 16,001 - 19,500 lb. GVWR, all cab sizes LCF Low Cab Forward Truck, 10,001 - 26,000 lb. GVWR, all configurations

2. Applicable Sections of Attachment E:

a. Section A: Applies to all vehicle series.

b. Section B: Requirements by general vehicle classification group.

c. Sections C through I: List detailed specifications for Options.

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

3. Luxury, Performance, or Sport Vehicles and/or Options, and unnecessary add-ons (dealer or port):

The State of Texas will not pay for unnecessary add-ons (port or dealer), including luxury, performance, or sport vehicles options. Luxury, performance, sport, or unnecessary add-ons include, but are not limited to:

a. Two-seaters, supercars, cabriolets, convertibles (soft top or hardtop), roadsters, grand-tourers, luxury trim levels, and signature or specialty editions.

b. Leather upholstery (seats or interior), sunroofs, moon roofs, premium sound systems, and non-standard navigation systems.

c. Appearances packages, pinstripes, nitrogen filled tires, clear UV blocking film, upgraded floormats, wheel locks, door edge guards, exhaust tips, mudflaps, window etching, extended warranties, and service/maintenance packages.

d. Fabric protectant, paint sealant/protectant, rustproofing or undercoating, anti-theft devices, and cargo mats/trays, unless factory installed as a standard feature on all models for the series bid.

A.7.4 Intent of Specification

The vehicles covered by this specification are categorized into general classifications. Each classification is further divided into sub-classifications which are specifically identified by an assigned vehicle series identifier, a generic title, and a general description. For example, Series A120 Large-size sedan under the classification of “General Purpose Automobiles” as categorized by the state.

A bid for a series must meet the specifications for both the general classification and for the series.

Specifications for the general classification are listed in Attachment E, Section B.

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

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

2. Cubic footage specifications for interior and storage volume are firm. Example: “Full-size” automobiles are not acceptable as “Mid-size” automobiles.

3. Vehicles bid for each Series, which do not meet Series description will not be considered.

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

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

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

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

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

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

A.7.5 Condition of Products

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

A.7.6 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed.

A.7.7 Adding New Vehicles Models Contractor may request the addition of a new vehicle model if all the following conditions are met:

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

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

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

4. The Contractor’s Constant for the new model shall be less than or equal to the Contractor’s Constant bid for the vehicle being replaced, if applicable.

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

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

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CPA reserves the right to:

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

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

3. Add vehicles of the same general category included in this IFB at any time during the term of the contract if there were less than seven awards for the associated series.

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

A.7.8 Warranty Requirements – See Attachment E for complete Warranty, Warranty Service, and

Service Contracts information.

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Pre-Delivery Service, Acceptance, and Documentation See Attachment E, Section A.7 Pre-Delivery Service and A.8 Acceptance, Inspection, and Documentation requirements for detailed information.

A.8.2 Delivery Requirements See Attachment E, Section A.6 Delivery for delivery protocol and requirements.

A.8.3 Delivery Schedule Bidder will furnish, in space indicated on the Mandatory Price Sheet, a delivery schedule for each line item as to time required for delivery after receipt of order (ARO) under normal conditions.

Delivery Days means calendar days, unless otherwise specified. Failure to state delivery time may disqualify Bidder. Delivery days may vary depending on series. Contractor(s) agrees on delivery schedules upon bid submission. This information is found on the Texas Fleet Specifications and Requirements (Attachment E) and the Mandatory Price Sheet.

A.8.4 Delivery Delay Penalties If delay is foreseen, Contractor must give written notice to Customer and must keep Customer advised at all times of status of order. Default in promised delivery (without acceptable justification) or failure to meet specifications authorizes the Customer to either charge a late delivery fee as outlined in Attachment E, Section A.6.6. Late Delivery Fee, or purchase goods and services of this IFB elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor. Failure to pay a damage assessment may be cause for Contract cancellation, debarment, or removal of the Contractor from the State’s Centralized Master Bidders List (CMBL).

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

A.8.5 Compliant Products Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s FOB destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. CPA and the Customer may exercise contractual remedies in connection with late delivery. Delivery of noncompliant goods or services may

Page A15 trigger contract remedies for CPA and the Customer. Customer reserves the right to require new delivery or a refund in the event that goods or services not meeting specifications are discovered after payment has been made.

A.8.6 Contractor Pickup and Removal of Non-Compliant Vehicles Upon receipt of written notification from the Customer, the Contractor shall pickup and remove noncompliant vehicles from the Customer’s premises within 5 working days after receiving the written notification.

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

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

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

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

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

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

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

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

A.10.2 Customer Responsibility

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

• Authorized repair facilities for recommended Contractor are not proximate.

• The total cost of the vehicle is the lowest price after selection of all options which meet the

Customer’s requirements (Base cost plus all options).

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

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

• Lowest price Contractor cannot meet delivery requirements.

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

A.10.3 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3 Invoicing and Payment Requirements. In addition to the requirements of Section B.5.3, Contractor must provide a copy of Dealer Invoice to Customer before Customer is required to pay for vehicle.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and Customer purchase order number.

A.10.4 Reporting Requirements (Managed)

By the 10th day of every calendar month, Contractor shall report the past month’s sales under the Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by CPA.

CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.10.5 Statewide Contract Development Reporting

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

A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

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

A.11.2 Solicitation Addenda

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

mailto:tcmo.reporting@cpa.texas.gov

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

A.11.3 Questions and Answers

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

Respondents must notify CPA of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other defect in the Solicitation by submitting a question. If Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for compensation, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, mailing address, telephone number, and e-mail address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by e-mail by CPA.

A.11.4 Points of Contact

Respondents must direct all inquiries and communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel regarding this Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Point of Contact may result in disqualification of a Response.

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

Primary Point of Contact - CPA Contract Specialist Daniel Kinsey, CTCD, CTCM 512-463-3874 Email: Daniel.Kinsey@cpa.texas.gov

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

If no response is received from the primary point of contact within one business day (24 hours), Respondent may contact SCD at the email address listed above for assistance.

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

mailto:Daniel.Kinsey@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov

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A.11.5 Pre-Bid Conference (virtual)

The Pre-Bid Conference is scheduled for the date and time listed in the Schedule of Events on the cover page. There is no physical location for this meeting. Information to access the online MS Teams meeting follows:

Join on your computer, mobile app or room device Click here to join the meeting

Meeting ID: 282 280 606 636 Passcode: J5daLi Download Teams | Join on the web

Join with a video conferencing device txcpa@m.webex.com Video Conference ID: 111 240 575 0 Alternate VTC instructions

Or call in (audio only) +1 737-471-3847,,787213448# United States, Austin Phone Conference ID: 787 213 448# Find a local number | Reset PIN

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

Vendors should notify the Point of Contact that they plan to attend the Pre-Bid Conference no later than 3:00 pm, 11/1/23.

A.11.6 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (This Document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response and Assurances (with Certification)

Attachment B - Respondent Information Attachment C - Preferences Attachment D - Insurance Statement of Intent Attachment E - Texas Fleet Specifications and Requirements

4. HUB Subcontracting Plan (HSP)

5. Mandatory Price Sheet TRUCKS (to be returned in format requested)

6. Mandatory Price Sheet PEOPLE MOVERS (to be returned in format requested)

7. Mandatory Price Sheet LAW ENFORCEMENT (to be returned in format requested)

A.12 HUB SUBCONTRACTING PLAN

CPA has identified probable subcontracting opportunities for part or all of the Solicitation. Respondent must complete and return the HUB Subcontracting Plan (HSP) with the Response to be considered responsive. By law, CPA must disqualify Responses received without the HSP.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTUyNGU2MGEtYTllNS00YmUwLTgzOGYtYzMzYjhjYzIwNDEy%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%2201c567e2-6049-47ca-924d-99498f4a988e%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://www.webex.com/msteams?confid=1112405750&tenantkey=txcpa&domain=m.webex.com tel:+17374713847,,787213448#%20 https://dialin.teams.microsoft.com/58d35282-7dff-490c-8e1a-27eb861dcb13?id=787213448 https://dialin.teams.microsoft.com/usp/pstnconferencing

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NIGP

Class/Item Description

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

928-29 Conversion of Gasoline Fuel Systems to Alternate Fuel Systems including Maintenance and Repair Services.

928-33 Customizing Services, Vehicle, Including Armoring of Vehicles, Handicapped and Van Conversions, etc.

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

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

Email for Courtesy Review: StatewideHUBProgram@cpa.texas.gov Email Subject Line: HSP Courtesy Review, Solicitation No. 304T-24-070M1, Due Date: 11/10/23

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

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

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

RESPONSES RECEIVED WITHOUT A PROPERLY COMPLETED HSP WILL BE DISQUALIFIED.

A.13 DISCLOSURE OF INTERESTED PARTIES

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

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested Parties at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm; (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

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

mailto:HUBProgram@cpa.texas.gov https://comptroller.texas.gov/purchasing/vendor/hub/forms.php https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm;

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A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A), or to return a required HUB subcontracting plan, will result in disqualification.

A.14.2 Risk of Non-performance

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

• ability, capacity, and skill to perform the contract or provide the service required;

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

• character, responsibility, and integrity;

• current compliance with laws relating to the contract or service;

• sufficient financial resources to perform the contract and provide the service; and

• conformity to all material specifications required in this Solicitation.

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

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

2157.125. The following examples indicate poor performance:

• A score of less than a C in the Vendor Performance Tracking System;

• Currently under a corrective action plan for a CPA contract;

• Repeated negative Vendor Performance Reports for the same stated reason;

• A record of repeated non-responsiveness to vendor performance issues; and

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

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.com/vpts

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent.