ESBD_File_343788_601330000039313_Solicitation Package.pdf

INSTRUCTIONS TO RESPONDENTS

USE OF NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING CODE

The Texas Department of Transportation (TxDOT) uses the National Institute of Governmental Purchasing, Inc., (NIGP) code to standardize purchases by conforming to the class, item, and group structure of the code. The NIGP code is used to select vendors for our master vendor file from the Texas Comptroller of Public Accounts (CPA) Centralized Master Bidders List (CMBL).

New suppliers and other vendors wishing to furnish materials, equipment, supplies and services to TxDOT should apply to be on the CMBL to receive bidding opportunities.

Existing TxDOT vendors need only be concerned that the information listed on the CMBL file is correct, and that the applicable NIGP class and item are selected for those you can provide.

CMBL information is available online at: https://comptroller.texas.gov/purchasing/vendor/cmbl/ or by phoning 1-512-463-3459.

Early Payment Program - TxDOT is offering an important program to all respondents that provide prioritized invoice processing and payments (prior to the 30th day after receipt of a correct invoice). The program provides enrolled vendors enhanced benefits from improved invoice processing to priority handling to cash advancement and technology efficiencies.

Respondents offering a cash discount in exchange for TxDOT’s priority invoice processing and early payment agreement should complete and return the attached form entitled “Priority Invoice and Early Payment Program” with the response.

Additional information may be found at the following website: http://www.txdot.gov/business/vendors/epp.html

Revised / 20

1/5/2024 3:00PM

601330000039313

Request for Proposal OEM Maintenance and Repair of TxDOT CHEVROLET

Fleet Vehicles

Solicitation No. 601330000039313 NIGP Class-Item: 928-47

Purchaser: Gustavo A. Taborga, CTCD, CTCM

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Solicitation Calendar of Events

Estimated Solicitation Posting Date: 12/19/2023

Non-Mandatory Pre-Response Conference: 12/27/2023, 10:00 AM Central Time

Deadline for submission of questions:

Reference Paragraph 11 – Contact Information

12/27/2023, 3:00 PM Central Time

TxDOT Response to Questions to be posted by: 12/28/2023, 2023

Solicitation Due Date: 1/5/2024, 3:00 PM Central Time

Tentative Date for Contract Award: 1/31/2024

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1. Description of Services: This solicitation is to establish a contract for Original Equipment

Manufacturer (OEM) maintenance and repair services, to include factory warranty and recall repairs, for CHEVROLET light and medium duty TxDOT fleet vehicles for TxDOT Houston District.

2. Term of Service: The initial term of the contract shall commence upon execution of the contract by TxDOT and expires on January 31, 2025, with the option to renew for three one-year periods at TxDOT's sole discretion. TxDOT will provide an intent to renew notice, in writing, 30 calendar days prior to expiration of the current term.

NOTE: The dates listed below are based on the anticipated award date of the contract.

1st Renewal Option February 1, 2025 through January 31, 2026 2nd Renewal Option February 1, 2026 through January 31, 2027 3rd Renewal Option February 1, 2027 through January 31, 2028

3. Electronic State Business Daily (ESBD): This solicitation is posted on the ESBD.

This solicitation is posted on the ESBD. It is the responsibility of the respondents to check the ESBD for addenda or additional information related to the solicitation. Vendors active on the CMBL will receive notifications regarding addenda or additional information related to the solicitation.

https://www.txsmartbuy.com/esbd

4. Order of Precedence: In the event of any conflict, terms contained in the document shall prevail in the order as listed below:

4.1. Solicitation No. 601330000039313

4.2. Statement of Work (SOW), TxDOT 928-47-39313 Dated November 2023

4.3. TxDOT Terms and Conditions, October 2023

4.3.1. Payment will be made in accordance with Part 4, Para. 4.04 (b)

4.4. Pricing Schedule

4.5. Execution of Proposal

4.6. Vendor Service Location Schedule

5. Insurance Requirements: The respondent must provide to TxDOT an executed Certificate of Insurance for Services, Form 1950, per TxDOT Terms and Conditions, Part 5, within seven business days of request by TxDOT.

https://www.txsmartbuy.com/esbd

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6. Additional Insurance Requirements: The insurance coverage listed below must provide full coverage for all vehicles and equipment under this contract.

Garage Keepers or TxDOT–Approved Equivalent: $600,000 in the aggregate or property damage at $100,000 each occurrence.

NOTE: Approval of equivalent is at the sole discretion of TxDOT.

7. Estimated Quantities: Quantities are estimates only to be used for the purpose of comparing responses. The respondent must enter their unit price on Pricing Schedule.

Total price will be evaluated by multiplying the unit price for each line by the estimated quantities listed on Pricing Schedule.

TxDOT will issue blanket purchase order releases (BPOR) based on the amount needed to satisfy TxDOT’s operating requirements. BPOR may be up to the aggregate contract amount subject to further allocation of funds, and there is no guarantee any BPOR will be issued under this contract.

8. Price Adjustments: Prices may be adjusted annually when correlated with index below at successful respondent(s) request; acceptance is at the sole discretion of TxDOT.

Successful respondent must provide supporting documentation to justify all price increase requests. Any request submitted by the successful respondent that fails to use the formula as indicated below for calculating the price increase will not be considered a complete, properly-submitted price increase request. Unless otherwise indicated, the price index below is the specified index as published by the Bureau of Labor Statistics, Washington, DC 20212.

Index to be used: Consumer Producers Index – Wage Earners and Clerical Workers (CPI- W) - U.S. city average, All items - CWUR0000SA0 BLS website: https://www.bls.gov/data/ When using the most recent monthly information from the index, the following applies:

A = Index from the month of the due date for the response, or of the month of last price increase.

B = Current or latest baseline index posted at the time of respondent request or TxDOT decision to adjust price.

The allowable percent change must be calculated as follows:

(B–A) ÷ A x 100 = Percent of allowable price increase.

The allowable percent change shall be rounded to the nearest one-hundredth of one percent and shall be the maximum unit price adjustment permitted, except that the respondent may offer price decreases in excess of the allowable percent change.

The respondent may offer price decreases in excess of the allowable percent change at any time during the term of the contract.

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9. Texas HUB Subcontracting Plan

Not Probable Subcontracting opportunities are not probable. Therefore, respondents are not required to submit a HUB Subcontracting Plan (HSP) with their response at the time of submission.

However, if during the term of the contract, subcontractors will be used in the delivery of the goods and/or services, the awarded contractor(s) must complete a HSP to verify their intent to subcontract and show their good faith effort to contract with HUBs and submit for TxDOT approval prior to use of the subcontractor(s). In addition, the contractor(s) must submit monthly a “Prime Contract Progress Assessment Report” and “HUB Subcontracting Plan (HSP) Progress Compliance Form - 2579” to the point-of-contact on the contract and TxDOT’s Civil Rights Division.

10. Disclosure of Interested Parties: The contract resulting from this solicitation is estimated to exceed $1 million. The vendor must provide to TxDOT an executed Texas Ethics Commission, Form 1295, Disclosure of Interested Parties, within seven business days of request. Failure to provide an executed Form 1295 may result in the vendor’s response being declared non-responsive and the contract being awarded to the next responsive, responsible respondent.

The vendor must use the application available at the TEC website noted below to enter the information required on Form 1295. This website also contains frequently asked questions, instructions, and information regarding the rules. For questions regarding completion of this form or the rules, please contact the Texas Ethics Commission.

https://www.ethics.state.tx.us/File/ The Disclosure of Interested Parties is mandated by Government Code §2252.908 and 1 Tex. Admin. Code §46.5.

11. Contact Information: The individuals listed below are the only authorized TxDOT contacts.

Contacting any other TxDOT personnel regarding this solicitation, may result in the respondent being disqualified. Any changes as a result of questions will be made by TxDOT in the form of an addendum to the solicitation; no oral changes will be considered.

For clarification or questions regarding this solicitation, respondents may contact:

Primary Contact: Gustavo A. Taborga, CTCD, CTCM Phone: 512-416-4724 | 512-884-7634 Email: Gustavo.Taborga@txdot.gov

Secondary Contact: Jason Jones, CTCD Phone: 915-790-4347 Email: Jason.Jones@txdot.gov When submitting questions through vendor discussion, the vendor must include the name of the document and paragraph number related to the question.

12. Pre-Response Conference: TxDOT will conduct a non-mandatory pre-response conference for all interested respondents to familiarize them with the requested goods and/or services and to give all potential respondents an opportunity to seek answers to any questions which they may have concerning the solicitation.

https://www.ethics.state.tx.us/File/ mailto:Gustavo.Taborga@txdot.gov mailto:Jason.Jones@txdot.gov

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Respondents should arrive not later than the scheduled start time stated in the solicitation.

TxDOT will not be responsible for repeating information already provided.

Respondent should have a representative attend the pre-response conference.

Respondent’s representative must sign a register.

Any changes to the solicitation requirements resulting from the pre-response conference will be made by TxDOT in the form of an addendum to the solicitation.

The pre-response conference information is shown below:

Date: November 27 2023 Time: 10:00 AM, Central Time All personnel attending the pre-response conference must log in to WebEx using the following steps:

Respondent must list their name and company when attending the WebEx, as shown below:

Example: John Doe – TxDOT

Meeting number (access code): 2311 167 3691 Meeting password: 7S3meJEUVS3 WebEx Link:

https://txdot.webex.com/txdot/j.php?MTID=m80b0a6a60a1d094a8a36ef6e2d87c22e

Call-in number: 1-415-655-0003 United States TOLL

IMPORTANT NOTICE: Please note that this WebEx service allows audio and other information sent during the session to be recorded, which may be discoverable in a legal matter. By joining this session, you automatically consent to such recordings. If you do not consent to being recorded, discuss your concerns with the host, or do not join the session.

13. Multiple Awards: Multiple contracts may be awarded from this solicitation.

In accordance with TxDOT Terms and Conditions, Part II, TxDOT reserves the right to make award or awards to best serve the interest of the state.

Award will be made to the respondent(s) providing the best value for the state as directed by TxDOT Terms and Conditions, Paragraph 2.07.

14. Response Submission

14.1. GENERAL FORMAT: The respondent must submit one signed and dated response to include the documentation required per response paragraph 14.3 to the email address as indicated on the “Instructions to Respondents” page.

https://nam11.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftxdot.webex.com%2Ftxdot%2Fj.php%3FMTID%3Dm80b0a6a60a1d094a8a36ef6e2d87c22e&data=05%7C02%7CGustavo.Taborga%40txdot.gov%7Cb03fb7803e8a4d93220c08dbffe93aed%7C39dba4765c094c6391dace7a3ab5224d%7C0%7C0%7C638385149395702092%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=8YH1sX7IZgmJIeIGf5x1SfQ7Klo6PtkgEQ5%2BevYC3MM%3D&reserved=0

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14.2. The respondent shall not encrypt or password protect response or embed documents within the response; each section must be its own separate document.

14.3. RESPONSE: Failure by the respondent to submit the documentation listed below will result in the response being considered non-responsive. The response submission must be submitted with each section named with the “Section #” and brief description not to exceed 30 total characters as a separate document in the following format:

14.3.1. Section 1 – Pricing Schedule

14.3.2. Section 2 – Execution of Proposal

14.3.3. Section 3 – Vendor Qualifications and Experience Schedule: Complete and return detailing respondent qualifications and experience to include certifications or licenses required.

14.3.4. Section 4 – Vendor Personnel Qualifications, Experience and References Schedule: Complete and return for each proposed key or respondent personnel position to include certifications or licenses required.

14.3.5. Section 5 – Texas Family Code Schedule

14.3.6. Section 6 – Vendor Service Location Schedule

14.3.7. Section 7 – Addenda: Acknowledgement of associated addenda, if applicable.

NOTE: TxDOT reserves the right to waive minor errors and omissions, reference paragraph 2.02(h) of TxDOT Terms and Conditions.

15. Evaluation

15.1. TxDOT will consider best value for the state (reference TxDOT Terms and Conditions, Paragraph 2.07.

15.2. TxDOT reserves the right to not make an award.

15.3. Respondent is strongly encouraged to provide its best proposal in the response.

15.4. Evaluation of Responses: Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive. TxDOT reserves the right to conduct studies and other investigations as necessary to evaluate any response.

15.5. Evaluation Criteria:

Pass/Fail Criteria: In addition to the weighted criteria, TxDOT will review responses based on the Pass/Fail criteria as follows:

15.5.1. All Documents in response submission section above are included in the response.

15.5.2. Vendor performance rating through the CPA Vendor Performance Report:

http://www.txsmartbuy.com/vpts - Reference Terms and Conditions paragraph 2.11.

http://www.txsmartbuy.com/vpts

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15.6. A TxDOT evaluation committee will evaluate and score each response based on the established criteria described in this solicitation. Respondents must not contact members of the evaluation team. Responses will be evaluated according to the respondent’s ability to best satisfy TxDOT requirements. Submissions will be evaluated and scored on a weighted system to determine the response offering the best value.

15.6.1. Only responses that pass the criteria referenced in Pass/Fail will be reviewed and scored.

15.6.2. Written responses will be evaluated as indicated below:

Vendor’s Qualifications, Experience, and Personnel 60%

Pricing 40%

15.7. TxDOT reserves the right to check references and include in scoring of the next evaluation phase.

16. Post Award Meeting: The successful respondent(s) may be required to attend a post award meeting with TxDOT within 10 business days after the award. If a post award meeting is scheduled, TxDOT will advise each respondent in writing of the location, date, and time. The purpose of the meeting is to discuss the terms and conditions of the award and to provide additional information regarding the contract. The awarded vendor and TxDOT shall identify specific goals, strategies, and activities planned for meeting program area objectives.

17. Debriefing Meeting: A respondent who responded to the solicitation may request a debriefing meeting within 30 calendar days of the award being posted to the ESBD.

Respondent must request this meeting in writing from the purchaser listed on the solicitation.

STATEMENT OF WORK

TXDOT 928-47-39313

DATED: NOVEMBER 2023

TEXAS DEPARTMENT OF TRANSPORTATION

MAINTENANCE AND REPAIR OF TxDOT FLEET VEHICLES

This Statement of Work (SOW) is a product of the Texas Department of Transportation (TxDOT). This SOW may not be sold for profit or monetary gain. If this SOW is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this SOW is used in the procurement process by any other entity.

1. SCOPE: This SOW is to provide Original Equipment Manufacturer (OEM) maintenance and repair services, to include factory warranty and recall repairs, for CHEVROLET light and medium duty TxDOT fleet vehicles.

These services shall be performed at the vendor’s facility for vehicles referenced on Attachment A for the TxDOT Houston District.

2. DEFINITION OF TERMS AND ACRONYMS

2.1. ANSI – American National Standards Institute

2.2. API – American Petroleum Institute

2.3. ASE – Automotive Service Excellence

2.4. BPOR – Blanket Purchase Order Release – A written authorization to perform work under the contract listing the items of work to be performed and the cost based on the prices established in the BPO

2.5. Contract – Any Blanket Purchase Order (BPO) resulting from this solicitation as listed in the Order of Precedence in the resulting BPO

2.6. DPS – Texas Department of Public Safety

2.7. DUI – Driving Under the Influence

2.8. DWI – Driving While Intoxicated

2.9. EIN – Federal Employer Identification Number

2.10. EPA – Environmental Protection Agency

2.11. OEM – Original Equipment Manufacturer

2.12. SOW – Statement of Work

2.13. TCEQ – Texas Commission on Environmental Quality

2.14. TxDOT – Texas Department of Transportation

2.15. VIN – Vehicle Identification Number

3. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all federal, state, and local applicable laws, standards, and regulations necessary to perform the services, including, but not limited to:

3.1. Texas Government Code 612, Section 612.002 of Texas Statutes.

3.2. EPA guidelines for the disposal of hazardous material.

4. VENDOR QUALIFICATIONS: The vendor shall:

4.1. Be an established fully operational repair facility regularly engaged in the business of providing maintenance and repair services for a minimum of three (3) consecutive years within the last five (5) years. Recent start-up businesses do not meet the requirements of this solicitation.

NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.

4.2. Be in good financial standing, current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the vendor’s audited or un-audited financial statement. TxDOT may request a statement from the president, owner, or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees.

When financial statements are requested, TxDOT will review the vendor's audited or un-audited financial statement to this solicitation in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the vendor's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the vendor's financial resources and ability to perform the contract or provide the service.

Factors to be reviewed include:

4.2.1. Balance sheets

4.2.2. Net working capital

4.2.3. Current asset ratio

4.2.4. Liquidity ratio

4.2.5. Auditor(s) notes

4.2.6. Any notes to the financial statements

5. VENDOR REQUIREMENTS: The vendor shall:

5.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation.

5.2. Provide all parts, labor, equipment, materials, tools, transportation, method of communication, and supervision necessary for vehicle maintenance and repair services throughout the term of the purchase order.

5.3. Provide a primary point of contact.

5.4. Comply with EPA and TCEQ regulations and guidelines for the disposal of hazardous material.

5.5. Have a repair facility location(s) within close proximity to the TxDOT locations stated on Attachment B, and be equipped with all tools, diagnostic equipment, and supplies necessary for servicing the vehicles on Attachment A – Vehicle List.

5.5.1. Repair facility location(s) shall be secure and have at a minimum 8” fence(s) with inside locking gates, security cameras, security lights, and maintain vehicles secure and locked.

5.5.2. If vendor acquires new locations during the term of the contract, these new locations can be added by both parties’ mutual agreement in writing. The original price, terms and conditions stated in the contract will apply to these new locations. TxDOT reserves the right to use these added locations.

5.6. Have service technicians fully qualified to work on all types of vehicles referenced on Attachment A – Vehicle List. Technicians shall be ASE or OEM trained. OEM trained technicians are acceptable for GM – Chevrolet vehicles. The vendor shall verify that all service technicians have sufficient training with hands-on experience on the type and brand of vehicles listed.

5.7. Have one shop foreman or service technician who is an ASE Certified Master Technician and/or OEM Master Qualified.

5.8. Perform a Texas DPS driver license check on vendors’ employees prior to permitting the driving or transporting of TxDOT vehicles. A copy of the driver license check shall be furnished to TxDOT upon request.

5.9. Provide warranty and recall repairs at no charge to TxDOT when vehicles are still under factory warranty.

6. VENDOR PERSONNEL REQUIREMENTS:

6.1. Service repair technicians shall have experience for a minimum of three (3) consecutive years within the last five (5) years in repairing and maintaining, at a minimum: gasoline, diesel, hybrid-electric, electric (EVs), and alternative fuels (CNG & Propane) vehicles. Maintenance and repair experience shall include, but not be limited to service requirements outlined in Section 8.

6.2. Vendor shall verify that all service technicians have had sufficient training with hands-on experience on the type of vehicles listed. Vendor shall also ensure service technicians receive on-going training on current and new technologies throughout the term of the purchase order. Vendor shall supply applicable documentation upon request.

6.3. All personnel driving TxDOT vehicle(s) to and from TxDOT work locations shall:

6.3.1. Possess a valid driver license acceptable in the state of Texas.

6.3.2. Have no convictions on driving record within the past three (3) years such as DUI or DWI.

6.3.3. Have no more than 3 points on driving record within the past three (3) years.

Driving record information shall be provided upon TxDOT request.

6.3.4. Not text or operate a cell phone while driving.

6.3.5. Not drive with 360 vehicle inspection flags, make unscheduled stops, or make unauthorized use of vehicle. Inspection flags are to ensure a walk-around is performed and subsequently removed prior to driving a TxDOT vehicle.

6.3.6. Not use auxiliary aftermarket warning lights, such as light bars, when driving or transporting the vehicle.

6.3.7. Not smoke or vape in the vehicle.

7. VEHICLES TO BE SERVICED:

7.1. The type of vehicles to be serviced shall not be limited to vehicles referenced on Attachment A – Vehicle List.

7.1.1. The vehicle list is subject to change due to transfer, disposition and/or purchase of new vehicles.

7.1.2. Vehicles added to the vehicle list are subject to the original price, terms and conditions.

7.1.3. If new models of vehicles are added to an awarded vendor’s PO, the original pricing which was bid shall be honored by the vendor. If different percentages of discount or markup were bid, TxDOT will pay the highest discount or lowest markup that was originally bid by the vendor for new vehicles to be added.

8. SERVICE REQUIREMENTS:

8.1. The vendor shall have experience with:

8.1.1. Electrical and electronic troubleshooting techniques and repair procedures.

8.1.2. Diagnosing, analyzing, overhauling, and repairing engines.

8.1.3. Repairing automatic and standard transmissions.

8.1.4. Repairing ignition systems, exhaust, emission control systems, cooling systems, air conditioner, heater, air intake system, and fuel systems.

8.1.5. Repairing brakes including anti-locking systems.

8.1.6. Repairing all types of clutches and components.

8.1.7. Repairing all types of components of cab and chassis.

8.1.8. Repairing steering systems, drive shafts, u-joints, and rear differentials.

8.1.9. Interpreting diagrams, diagnostic codes, manuals, and technical data.

8.2. Vendor shall:

8.2.1. Provide a detailed cost estimate in writing via facsimile (fax) or e-mail that shall be approved by the TxDOT equipment shop supervisor or designee prior to any work being performed. No special packages or deals will be accepted.

8.2.1.1. Cost estimate shall include, but not be limited to number of labor hours, number of technicians needed to complete each job, cost of parts and completion date. Labor hours and cost of parts shall be separated.

8.2.2. Obtain approval from the designated TxDOT representative for all work, parts and materials to repair the problem diagnosed by the vendor. This approval is required prior to work being performed.

8.2.3. Complete all vehicle repairs on or before the completion date approved by TxDOT (Reference Para. 8.2.1). If additional time is necessary to complete repairs, a written request for a time extension shall be sent to the equipment shop supervisor or designee. The equipment shop supervisor or designee will approve or disapprove the time extension request in writing and return to vendor.

8.2.4. Contact the TxDOT equipment shop supervisor or designee via phone call or email the day the repair is completed.

8.2.5. Be responsible for any damage to TxDOT vehicles and its contents. Any damage shall be repaired at the vendor’s expense.

8.2.6. Be responsible for loss or theft of equipment in and on TxDOT vehicles while being driven by vendor’s staff or at vendor’s facility, or both. Vendor shall replace, at their expense, any lost or stolen equipment.

8.2.7. Be responsible for any toll charges and/or traffic violations (tickets) while driving/operating TxDOT vehicles in their possession.

8.2.8. Properly dispose of used and contaminated lubricants and filters. Costs for disposal fees shall be included in the unit cost of the material bid and not charged separately on an invoice. The vendor shall provide to TxDOT, upon request, a copy of a standard form of transportation manifest showing that all used and contaminated lubricants and filters were properly handled and disposed.

8.2.9. Provide, upon request, monthly or yearly reports listing all repairs TxDOT has requested. The report shall itemize repairs by type of repair, cost, and vehicle number.

8.2.10. Provide repairs that do not void factory warranty.

8.2.11. Provide warranty repairs and any service recalls at the vendor facility.

8.2.12. TxDOT will inspect all repairs visually, via test drive or other means upon completion of repairs or services.

9. OPTIONAL SERVICES

9.1. PICKUP AND DELIVERY: Vendor may provide pickup and delivery service for a vehicle to and from a TxDOT location. Pickup and delivery may be requested on an as needed basis.

9.1.1. For pickup contact via phone the TxDOT equipment shop supervisor or designee upon arrival to pick up vehicles.

9.2. ONSITE REPAIRS: Vendor may provide onsite repair services for a vehicle needing repair on a TxDOT location site. Onsite repairs may be requested on an as needed basis. For onsite repairs:

9.2.1. The technician(s) shall wear the required personal protective and safety equipment (PPE) while on TxDOT location to include hard hat, steel toe shoes, safety glasses/goggles, gloves, and a reflective vest while repairing a TxDOT vehicle. No short pants will be allowed. All safety regulations shall be observed while working on TxDOT property.

9.2.2. Provide a cost estimate for immediate repairs as per 8.2.1., 8.2.2., 8.2.3.

9.2.3. Be responsible for the TxDOT equipment being repaired as per 8.2.5.

9.3. For pickup and delivery and onsite repair services, TxDOT will pay a flat service trip charge as per Section 20 Service Trip Charge.

9.4. PAINT AND BODY WORK: Vendor may provide paint and body work services for vehicle(s) serviced under the resulting contract. These services may be requested on an as needed basis and will require prior approval by TxDOT shop supervisor or designee. These services shall be performed at the vendor’s facility.

10. TxDOT LOCATION(S): Location(s) of TxDOT facilities are specified on Attachment B. TxDOT reserves the right to add or delete facilities serviced under the purchase order. TxDOT will provide ten business days written notice to the vendor for facilities to be deleted or of any additional facilities requiring service within the same area or region.

11. REPLACEMENT PARTS: The vendor shall provide:

11.1. New materials and replacement parts. Used, demonstrator, remanufactured, wrecked, and discontinued parts or materials are not acceptable. Replacement parts shall be new OEM parts. If OEM parts are not available, parts shall be approved by the TxDOT equipment shop supervisor or designee and shall be equivalent to or better than the manufacturer’s parts originally installed on the respective unit.

11.2. Remanufactured or rebuilt parts only if new parts are not available and upon the approval of TxDOT equipment shop supervisor or designee. Rebuilt parts shall carry a minimum 180 day parts and labor warranty. Vendor shall furnish proof of parts warranty to TxDOT equipment shop.

11.3. Any consumed or used parts removed during the repair may be requested by TxDOT for inspection.

12. PRICING AND INFORMATION: The vendor:

12.1. Shall provide an hourly rate and an off-shift hourly rate on Pricing Schedule.

12.2. Shall provide the percentage discount or percent increase (markup) on Pricing Schedule.

12.3. Shall provide the number of technicians and ASE/OEM certified technicians per location on Pricing Schedule.

12.4. May provide rates and charges for optional services listed on the Pricing Schedule.

13. VERIFICATION OF VENDOR’S HOURS AND PARTS PRICING

13.1. TxDOT will review invoices to determine the accuracy of charges invoiced. Reviews will be performed by using the current price list and percentage discount or markup as bid on the solicitation.

13.2. To assist in verifying pricing, TxDOT uses Snap-On’s Shopkey5 system and publications from the Motor Information System Company. Motor Information System Company’s web site is located at http://www.motor.com/. The vendor may also be requested to provide their estimating tool for verification of shop charges. If the vendor uses a different estimating tool, the vendor shall provide a copy to TxDOT for review.

13.3. If pricing is found to be different than bid, the vendor shall reimburse TxDOT the amount overcharged, within 30 calendar days.

14. WARRANTY REQUIREMENTS

14.1. PERFORMANCE AND MATERIALS WARRANTY: The vendor shall guarantee all work, equipment, and materials provided against defects in workmanship. The vendor shall satisfactorily correct, at no cost to TxDOT, any defect that becomes apparent within a minimum of six months from the date of acceptance, inspection and approval by TxDOT personnel.

14.2. If vendor is notified of faulty performance and materials, the vendor shall satisfactorily correct or repair, at no cost to TxDOT, the portions of work deemed by TxDOT to be faulty, defective, or erroneous within a maximum of 30 days from the date of inspection and approval by TxDOT personnel or refund to TxDOT the charge paid by TxDOT, which is attributable to the portions of the faulty, defective, or erroneous work, including the costs to have another vendor perform the work to correct the faulty, defective, or erroneous work.

15. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT.

TxDOT is required to report vendor performance for purchases over $25,000 through the Texas Comptroller of Public Accounts (CPA) Vendor Performance Tracking System (VPTS). The VPTS reporting is required throughout the life of a contract and not just at its conclusion. TxDOT, at its sole discretion, may submit reports in the VPTS on Purchase Orders under $25,000. The VPTS information and report search may be accessed at: https://www.txsmartbuy.com/vpts

15.1. TxDOT may consider the following performance by the vendor as unsatisfactory performance:

15.1.1. Falsifying repair documents.

15.1.2. Failing to perform repairs within the time specified in Para. 8.2.1.1.

15.1.3. Two instances of failing to perform requested or required work on vehicle.

15.1.4. One instance within one calendar year of vendor’s personnel not having the skill or knowledge to perform this service (Ref. Para. 8.).

15.1.5. Five instances a year of failing to meet requirements of Para. 8.

NOTE: Unsatisfactory performance may result in a negative vendor performance report or cancellation of the purchase order, or both.

15.2. An exceptional performance determination includes, but is not limited to:

15.2.1. Services completed early upon TxDOT’s member request.

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

15.2.2. Product upgrade substitution suggested and accepted at no additional cost to TxDOT.

15.2.3. Vendor commended for exceptional customer service, exceptional service provided.

NOTE: Satisfactory performance may result in a positive vendor performance report.

16. TXDOT BUILDING ACCESS RESTRICTIONS

16.1. PARKING: The vendor shall park only in spaces assigned by the designated TxDOT representative.

16.2. SECURITY: The vendor shall provide an updated list of all vendor personnel that will be transporting TxDOT vehicles to and from the repair facility.

16.3. ACCESS: The vendor shall make prior arrangements with the TxDOT equipment shop supervisor or designee for access to the building(s) to pick up and return vehicles, if applicable.

17. WORK HOURS: Regular work hours are 8:00 AM to 5:00 PM and regular hourly rates will apply.

Off-shift hours are 5:01 PM to 7:59 AM and off-shift hourly rate will apply. Off-shift work must be pre-approved by TxDOT prior to the vendor engaging in the work.

18. TRAVEL: Mileage is not reimbursable and shall not be billed.

19. SERVICE TRIP CHARGE: TxDOT will pay a lump sum flat rate for round trip transportation of personnel and equipment from vendor’s service location to TxDOT location for service. If there is need to visit two TxDOT sites in a single trip, only one fee will be applicable to the furthest location, not the intermediate service location. TxDOT will not pay a trip charge for locations outside the Houston District/Sections location. TxDOT will not pay the hourly rate of the personnel traveling in addition to the trip charge. Hourly rates only apply when actual work is being performed.

20. CONFLICT OF INTEREST:

20.1. The vendor, vendor’s personnel, and vendor’s subcontractor(s) shall affirm not to have, nor acquire any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor’s obligations in regard to services authorized.

20.2. The vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have not been employed or an employee or contracted agent for the firm in which he or she is performing repairs as required under the purchase order for a period not less than five years from the effective date of the purchase order. Furthermore, the vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have no financial interests of any kind in the firm in which he or she is performing repairs as required under the purchase order. Violation of this provision may be grounds for termination of the purchase order.

20.2.1. First consanguinity (blood) is described as: A person is related to you by blood in the first degree if the person is your: Mother or father, brother or sister, son or daughter.

20.2.2. Affinity (marriage) is described as: A person who is: your spouse, or spouse’s mother or father, brother or sister, son or daughter; your brother’s or sister’s spouse, son’s or daughter’s spouse, step-mother or step-father.

21. INVOICING INSTRUCTIONS: The vendor shall:

21.1. Provide a comprehensive and detailed invoice with reference to the basis for each item charged, including any notes or description of work performed and part numbers.

Original documentation that validates the charges shall be attached. The original of the invoice shall be e-mailed to the e-mail address indicated on the PO and shall include the following:

21.1.1. Complete purchase order number.

21.1.2. Vendor Federal Employer Identification Number (EIN).

21.1.3. Vehicle number.

21.1.4. Vehicle description.

21.1.5. License plate number.

21.1.6. Odometer reading.

21.1.7. Technician’s name with hours totaled.

21.1.8. Labor hours and rates detailed on each vendor invoice.

21.1.9. TxDOT repair order number, if applicable.

21.1.10. Credit the amount of refund for any core exchanges.

21.2. COPY OF THE INVOICE AND SUPPORTING DOCUMENTATION: A copy of invoice and the supporting documentation that validates the invoice charges shall be provided to the TxDOT representative when the vehicle is picked up or delivered.

NOTE: Invoices requiring correction shall be re-submitted with a new invoice date.

22. PAYMENT: Payment will be based on the following:

22.1. An itemized list of hours worked by the technicians. Hours will be approved by the designated TxDOT representative as noted on Paras. 8.2.1 and 8.2.1.1

22.2. The technician’s hourly rate will be as bid on the response solicitation documents. The amount of payment shall be calculated by multiplying the hourly rate on the bid by the number of hours approved by TxDOT on the estimate form.

22.3. TxDOT will pay list price for parts to include a parts percent discount or parts percent markup as listed on the Pricing Schedule.

23. TxDOT RESPONSIBILITIES: TxDOT will:

23.1. Provide a contract manager and contact information.

23.2. Provide a point of contact to coordinate services.

23.3. Approve estimates (Ref. Para. 8.2.2.).

23.4. Approve additional time (Ref. Para. 8.2.3).

23.5. Inspect work performed by the vendor at the TxDOT equipment shop after completion of repairs.

23.6. Complete the receiving process of the blanket release purchase order on TxDOT system once the repair work is verified and accepted.

24. CONTRACT ADMINISTRATION: Administration of the purchase order is the responsibility of

TxDOT. TxDOT Procurement Division staff will be responsible for administering the contractual business relationship with the vendor.

24.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent.

24.2. Upon issuance of purchase order, TxDOT will designate an individual to serve as the Contract Manager and point of contact between TxDOT and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual’s contract management and contract administration responsibilities include, but are not limited to:

24.2.1. Monitoring the vendor’s progress and performance and ensuring services conform to established specification requirements.

24.2.2. Managing the financial aspects of the contract including approval of payments.

24.2.3. Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action.

24.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

Model Year Make Model Category Description Fuel Type

2005 CHEVROLET C15903 Pickups Half Ton Regular Cab FLEX FUEL-E85

2006 CHEVROLET C15903 Pickups Half Ton Regular Cab FLEX FUEL-E85

2006 CHEVROLET C15903 Pickups Half Ton Regular Cab FLEX FUEL-E85

2007 CHEVROLET C15543 Pickups Half Ton Crew Cab FLEX FUEL-E85

2007 CHEVROLET C15903 Pickups Half Ton Regular Cab FLEX FUEL-E85

2007 CHEVROLET C15903 Pickups Half Ton Regular Cab FLEX FUEL-E85

2007 CHEVROLET CC15753 Pickups Half Ton Extended Cab HYBRID

2008 CHEVROLET C15903 Pickups Half Ton Regular Cab FLEX FUEL-E85

2008 CHEVROLET CC15753 Pickups Half Ton Extended Cab FLEX FUEL-E85

2012 CHEVROLET SILVERADO Pickups 3/4 Ton Extended Cab UNLEADED

2012 CHEVROLET TAHOE FULL SIZE SUV FLEX FUEL-E85

2016 CHEVROLET SUBURBAN SPORT UTILITY FULL SIZE 7 PASSENGER FLEX FUEL-E85

2019 CHEVROLET SUBURBAN Sport Utility One Ton 6 Passenger FLEX FUEL-E85

2020 CHEVROLET SUBURBAN SPORT UTILITY FULL SIZE 7 PASSENGER UNLEADED

2020 CHEVROLET SUBURBAN SPORT UTILITY FULL SIZE 7 PASSENGER UNLEADED

2021 CHEVROLET TRAVERSE FULL SIZE CROSSOVER/SUV UNLEADED

2022 CHEVROLET

SILVERADO

Pickups Half Ton Extended Cab UNLEADED

2022 CHEVROLET TRAVERSE FULL SIZE CROSSOVER/SUV FLEX FUEL-E85

*NOTE: Representative list of equipment is provided for information purposes only.

Attachment A - Equipment List* Solicitation 601330000039313

1 - 1

PROPERTY NAME COUNTY ADDRESS CITY STATE ZIP CODE

Houston FOD North Shop Harris 6810 Old Katy Rd Houston TX 77024 Brazoria Maintenance Facility Brazoria 18671 FM 523 (4/10 mi. E of SH 288) Angleton TX 77515 Houston FOD South Shop Fort Bend 12015 SH 6 Sugar Land TX 77471 Waller Maintenance Facility Waller US 290 South, 1/2 mi. W of FM 359 Hempstead TX 77445 Fort Bend Maintenance Facility Fort Bend 4235 SH 36 South Rosenberg TX 77471 South Harris Maintenance Facility Harris 702 FM 1959 Houston TX 77034 La Marque Maintenance Facility Galveston 5407 Gulf Freeway La Marque TX 77568 North Harris Maintenance Facility Harris 16803 Eastex Freeway (US 59) Humble TX 77338 Port Bolivar Ferry Maintenance Operations Galveston SH 87 at Galveston Ferry Landing Galveston TX 77550 West Harris Maintenance Facility Harris 14838 Northwest Freeway Houston TX 77040 Conroe Maintenance Facility Montgomery 991 FM 3083 Conroe TX 77305 Metro Area Facility Harris 7303 Mesa Road (FM 527) Houston TX 77028

ATTACHMENT B - LOCATION OF TXDOT FACILITIES

SOLICITATION 601330000039313

VENDOR QUALIFICATIONS AND EXPERIENCE SCHEDULE

SOLICITATION NO. 601330000039313

Vendor must use this schedule or a reasonable copy to clearly demonstrate how they meet the qualifications and requirements set forth in the SOW.

Vendor Name:

Addresses Physical:

Mailing:

Phone Number:

E-mail address:

Legal Status: Type of Organization, i.e., corporation, partnership, sole proprietorship

Are you an authorized OEM dealer: ☐ YES ☐ NO Number of years in business and scope of operation.

DOCUMENTATION OF COMPANY QUALIFICATIONS AND EXPERIENCE: Provide your company’s experience and capabilities outlined in the SOW:

This form may be modified as needed to comply with the requirement to document company information.

THIS PAGE OR A REASONABLE COPY MUST BE RETURNED WITH THE RESPONSE. FAILURE

TO RETURN THIS PAGE OR A REASONABLE COPY WILL RESULT IN THE RESPONSE BEING

CONSIDERED NON-RESPONSIVE. ANY NEGATIVE RESPONSE(S) MAY RESULT IN

DISQUALIFICATION OF THE RESPONSE.

VENDOR PERSONNEL QUALIFICATIONS, EXPERIENCE AND REFERENCES SCHEDULE

1 – 2 Rev. 9/28/23

Vendor Name:

The vendor must complete a schedule not to exceed 2 pages for each employee as listed in the SOW.

TxDOT reserves the right to reject the vendor’s personnel if references or past working performance are questionable or unfavorable.

PERSONNEL INFORMATION RESPONSE AREA

Full Name:

Number of years employed by respondent:

Title as defined in Paragraph. 5.6 (SOW).

PERSONNEL QUALIFICATIONS AND REQUIREMENTS # YRS

EXP. HOW/WHERE OBTAINED

Number of years’ experience in Paragraph 8 (SOW):

Specific education, qualifications, training, certifications:

PERSONNEL EXPERIENCE – Provide your qualifications and experience as outlined in the SOW:

VENDOR PERSONNEL QUALIFICATIONS, EXPERIENCE AND REFERENCES SCHEDULE

2 – 2 Rev. 9/28/23

Reference No.

Name of Organization:

Business Address:

Business City:

Business State: Zip:

Contact Person Name:

Contact Person Title:

Phone Number: E-Mail:

Project Title:

Project Description and dollar amount:

Roles and Responsibilities of the Proposed Staff during this project:

Project Start Date: Project End Date:

Reference No.

Name of Organization Business Address Business City Business State Zip

Contact Person Name:

Contact Person Title:

Phone Number Email:

Project Title

Project Description and dollar amount

Roles and Responsibilities of the Proposed Staff during this project

Project Start Date Project End Date

This form may be modified as needed to comply with the requirement to document company information.

THIS PAGE OR A REASONABLE COPY MUST BE RETURNED WITH THE RESPONSE. FAILURE

TO RETURN THIS PAGE OR A REASONABLE COPY WILL RESULT IN THE RESPONSE BEING

CONSIDERED NON-RESPONSIVE. ANY NEGATIVE RESPONSE(S) MAY RESULT IN

DISQUALIFICATION OF THE RESPONSE.

Revised: September 27, 2023

TEXAS FAMILY CODE SCHEDULE

Ineligibility to Receive State Grants or Loans or Receive Payment on State Contracts Respondent shall fill out the appropriate information, sign and return the schedule.

Under Family Code §231.006, relating to child support obligations, Respondent and any other individual or business entity named in this solicitation are eligible to receive the specified payment and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate. Any response submitted under this solicitation shall contain the names and social security numbers of person or entity holding at least a twenty-five percent ownership interest in the business entity submitting the response.

Respondents meeting the ownership must complete the following:

XXX-XX-

Name Social Security Number

XXX-XX-

Name Social Security Number

XXX-XX

Name Social Security Number

If respondent does not meet the ownership criteria under Texas Family code - Section 231.006, check the box below, sign and return the schedule.

This Schedule is not applicable

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

Signature

Title

THIS PAGE MUST BE RETURNED WITH THE RESPONSE. FAILURE TO SIGN AND RETURN THIS

PAGE MAY RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.

Revised October 2023 i

TERMS AND CONDITIONS

TABLE OF CONTENTS

PART 1. INTRODUCTION

1.01 GENERAL

1.02 STATUTORY AUTHORITY

1.03 TITLE VI ASSURANCE

1.04 ENVIRONMENTAL IMPACT

1.05 COMPLIANCE WITH LAWS

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

2.02 RESPONSE SUBMISSIONS

2.03 PRICING

2.04 ADA CONSIDERATIONS AND NOTIFICATION

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

2.07 DETERMINING AWARD

2.08 PREFERENCES

2.09 DELIVERY

2.10 INSPECTIONS AND TESTS

2.11 VENDOR PERFORMANCE

PART 3. RESPONDENT AFFIRMATIONS

3.01 FALSE STATEMENTS

3.02 REPRESENTATIONS, WARRANTIES, AND COVENANTS

3.03 GRATUITIES

3.04 CERTAIN BIDS AND CONTRACTS PROHIBITED

3.05 ANTITRUST LAWS

3.06 DECEPTIVE TRADE PRACTICES; UNFAIR BUSINESS PRACTICES

3.07 COLLUSION

3.08 INELIGIBILITY UNDER FAMILY CODE

3.09 CONTRACTING WITH EX-TXDOT EXECUTIVE DIRECTOR

3.10 DEBT TO THE STATE

3.11 RESPONDENT ELIGIBILITY

3.12 NEPOTISM DISCLOSURE

3.13 BOYCOTTING ISRAEL

3.14 DISCLOSURE OF RESTRICTED EMPLOYMENT

3.15 ANTI-TERRORISM OR TERRORIST ORGANIZATION PROHIBITED

3.16 CONTRACTING INFORMATION RESPONSIBILITIES

3.17 HUMAN TRAFFICKING PROHIBITION

3.18 NO CONFLICTS OF INTEREST

3.19 COVID VACCINE PASSPORTS

3.20 FIREARM AND AMMUNITION DISCRIMINATION

3.21 LONE STAR INFRASTRUCTURE PROTECTION ACT

3.22 BOYCOTTING ENERGY COMPANIES

PART 4. GENERAL TERMS AND CONDITIONS

4.01 CONTRACTS

4.02 FUNDING

4.03 INVOICING

4.04 PAYMENT

ii

4.05 INTELLECTUAL PROPERTY

4.06 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS

4.07 CYBER SECURITY TRAINING

4.08 SITE VISITS

4.09 NON-WAIVER OF RIGHTS

4.10 LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS

4.11 VENUE AND JURISDICTION; APPLICABLE LAW

4.12 VENDOR ASSIGNMENTS

4.13 FORCE MAJEURE

4.14 RIGHT TO AUDIT

4.15 INDEMNIFICATION

4.16 DAMAGE TO TXDOT PROPERTY

4.17 PUBLIC INFORMATION ACT AND CONFIDENTIALITY

4.18 BUY TEXAS

4.19 COMPETENCE OF VENDOR

4.20 CORRECTIONS TO WORK

4.21 IT SERVICE CONTRACTS SECURITY

4.22 NOTICES

4.23 PUBLIC DISCLOSURE

4.24 DISASTER RECOVERY PLAN

PART 5. INSURANCE

5.01 PRIOR TO CONTRACT AWARD

5.02 DURING TERM OF CONTRACT

5.03 WAIVER OF SUBROGATION ENDORSEMENT

5.04 WORKERS’ COMPENSATION INSURANCE

5.05 WORKERS’ COMPENSATION INSURANCE FOR BUILDING AND CONSTRUCTION

SERVICES

5.06 COMMERCIAL GENERAL LIABILITY INSURANCE

5.07 COMMERCIAL AUTOMOBILE POLICY

PART 6. VENDOR PERSONNEL MANAGEMENT

6.01 INDEPENDENT CONTRACTOR

6.02 ALCOHOL, DRUG, AND SMOKE-FREE WORKPLACE

6.03 REPLACEMENT OF PERSONNEL

6.04 LABOR/MATERIAL/EQUIPMENT

6.05 ENGLISH-SPEAKING STAFF

6.06 FELONY CRIMINAL CONVICTIONS

6.07 SUBCONTRACTING REQUIREMENTS

6.08 PAYMENT OF SUBCONTRACTORS

6.09 VENDOR TITLE VI AFFIRMATIONS

6.10 E-VERIFY

PART 7. DISPUTE RESOLUTION

7.01 DISPUTE RESOLUTION

PART 8. CONTRACT TERMS

8.01 TERM OF CONTRACT

8.02 ORDER OF PRECEDENCE

8.03 TERMINATION OF A CONTRACT

8.04 REMEDIES

8.05 SALE OR ASSIGNMENT

8.06 RENEWAL OF CONTRACT

8.07 EXTENSION OF CONTRACTS

8.08 SEVERABILITY CLAUSE

8.09 AMENDING THE CONTRACT

iii

8.10 THIRD-PARTY BENEFICIARIES

8.11 BINDING EFFECT AND SURVIVAL OF OBLIGATIONS

APPENDIX A

APPENDIX B

1 – 25

TERMS AND CONDITIONS

PART 1. INTRODUCTION

1.01 GENERAL: These Terms and Conditions apply to the solicitation…