ESBD_File_346840_1 RFP 608-24-966 Vehicle Titles Forms v_1.pdf

RFP No. 608-24-96646 Page 1 of 21 Vehicle Title Forms

Texas Department of Motor Vehicles

Finance and Operations Division - Purchasing Section

4000 Jackson Avenue

Austin, Texas 78731

Email: jason.adams@txdmv.gov

Request for Proposals for

RFP No. 608-24-96646

NIGP Class/Item Code(s): 966-46, 966-36, 966-16, and 395-30

Schedule of Events

Solicitation Posting Date on the Electronic State

Business Daily

January 8, 2024

Deadline for Submitting Questions or

Clarifications

January 18, 2024, at 4:00 p.m. Central Time

Tentative Date for Response to Questions or

Clarifications through Addendum

January 25, 2024

Deadline for Submission of Solicitation

Response

February 7, 2024, at 4:00 p.m. Central Time

NOTE: UNSIGNED RESPONSES WILL BE DISQUALIFIED

Summary of Solicitation Documents:

This Request for Proposals (“RFP”)

Attachment A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance

Attachment B, TxDMV Contract Terms and Conditions

Attachment C, Statement of Work

Attachment D, Sample Images of Forms and Packaging

Attachment E, VTR-222 Stacking Diagram

Attachment F, Price Sheet

Attachment G, Evaluation Criteria

Attachment H, HUB Subcontracting Plan Instructions

Attachment I, HUB Subcontracting Plan Form

Attachment J, Disclosure of Interested Parties mailto:jimmy.smartt@txdmv.gov

RFP No. 608-24-96646 Page 2 of 21

Table of Contents

A.1 KEY DEFINITIONS

A.2 OBJECTIVE AND BACKGROUND

A.2.1 OBJECTIVE

A.2.2 BACKGROUND

A.3 GENERAL INFORMATION AND REQUIREMENTS

A.3.1 SOLE POINT OF CONTACT AND COMMUNICATIONS

A.3.2 RESPONSE BINDING

A.3.3 TRAVEL, MILEAGE RATES, AND OTHER INCIDENTAL EXPENSES

A.4 CONTRACT TERM & HISTORICAL COMPENSATION

A.4.1 CONTRACT TERM

A.4.2 HISTORICAL COMPENSATION

A.5 PRICING STRUCTURE

A.6 PRICE ADJUSTMENTS

A.6.1 PRICE INCREASE OR CANCELLATION REQUESTS

A.6.2 FEDERAL MINIMUM WAGE ADJUSTMENTS

A.6.3 PRICE DECREASE OR DISCOUNT

A.7 DELIVERABLES REQUIREMENTS AND SPECIFICATIONS

A.7.1 SPECIFICATIONS AND REQUIREMENTS

A.7.2 NO GUARANTEE OF VALUE, USAGE, OR COMPENSATION

A.7.3 CONDITION OF DELIVERABLES

A.7.4 DELIVERY SCHEDULE

A.7.5 DELIVERY DELAYS

A.7.6 REPORTING REQUIREMENTS

A.7.7 FUTURE CONTRACT DEVELOPMENT

A.8 RESPONSE EVALUATION AND SCORING

A.8.1 INITIAL COMPLIANCE SCREENING

A.8.2 VENDOR PERFORMANCE

A.8.3 NEGOTIATIONS

A.8.4 TIES

A.8.5 EVALUATION SCORING AND AWARD APPROACH

A.8.6 EVALUATION MATRIX

A.8.7 BEST AND FINAL OFFERS AND COMPETITIVE RANGE DETERMINATION

A.8.8 DISCUSSION WITH RESPONDENT

A.9 AWARDS

A.9.1 AWARD APPROACH

A.9.2 AWARD AND CANCELLATION

A.10 SUBMISSION INSTRUCTIONS & REQUIREMENTS

A.10.1 ELECTRONIC MAIL SUBMISSION OF RESPONSE

A.10.2 HAND DELIVERY OR MAIL DELIVERY OF RESPONSE (OPTIONAL)

A.10.3 SIGNATURE AUTHORITY

A.10.4 APPLICABLE STATUTES, REGULATIONS, AND RULES

A.10.5 LEGISLATIVE BUDGET BOARD REPORTING AND POSTING OF CERTAIN CONTRACTS ON WEBSITES

A.10.6 PRICE SHEET– MANDATORY

A.10.7 CASH DISCOUNTS

A.10.8 TEXAS IDENTIFICATION NUMBER SYSTEM (TINS) – MANDATORY

A.10.9 TAXES

A.10.10 AWARD OF CONTRACT

A.10.11 EXCEPTIONS TO CONTRACT TERMS AND CONDITIONS

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A.10.12 RESPONDENT’S RESPONSE FORMAT - REQUIRED ELEMENTS

A.10.13 RESPONDENT’S RESPONSE

A.10.14 ESCALATION PROTOCOL

A.10.15 CONFLICTS AND DISCLOSURE OF INTEREST PARTIES

A.10.16 HUB SUBCONTRACTING PLAN - MANDATORY

A.10.17 RESPONDENT’S AFFIRMATIONS AND SOLICITATION ACCEPTANCE - MANDATORY

A.10.18 SOLICITATION ADDENDA

A.10.19 PROTESTS

(Remainder of Page Intentionally Left Blank)

RFP No. 608-24-96646 Page 4 of 21

A.1 Key Definitions

In this Solicitation, any Contract that may result from this Solicitation, and any Response submitted in response to this Solicitation, the following terms and acronyms have the meaning set forth below, unless the context clearly indicates otherwise. All other terms retain their ordinary and common meaning.

TERM DEFINITION

Addendum A written revision or clarification to this Solicitation being issued by TxDMV and posted to the ESBD. May also be referred to in its plural form as

“Addenda.”

Attachment The document(s) or information that are attached hereto and part of this

Solicitation and may be included by reference and made part of any Contract that may result from this Solicitation.

CMBL The Centralized Master Bidders List, an online repository of vendors maintained by the Texas Comptroller of Public Accounts that is utilized by public procurement professionals to solicit bidding opportunities.

Contract The Contract awarded by TxDMV to a Contractor under this Solicitation, if any, and includes this Solicitation and any document attached thereto including the

TxDMV Contract Terms and Conditions, any Solicitation Addendum, the

Contractor’s Response including the signed TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance, any Contract amendment, and the

TxDMV purchase order along with any attachments incorporated therein.

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

Deliverables The goods, products, or services specified in this Solicitation, that the

Contractor shall deliver to or perform for TxDMV under any Contract that may result from this Solicitation.

ESBD The Electronic State Business Daily, an online application administered by the

Texas Comptroller of Public Accounts that is used for publishing procurement opportunities that exceed $25,000.00 in total estimated value and providing public notice of contract awards. The ESBD may be currently accessed at:

http://www.txsmartbuy.com/esbd.

Fiscal Year The Texas state fiscal year is from September 1st through August 31st of each year. May also be referred to as “State Fiscal Year” or “Texas Fiscal Year.”

This term is not to be confused with calendar year or federal fiscal year.

HQ The TxDMV Headquarters located at 4000 Jackson Avenue, Austin, Texas

78731, and includes the surrounding buildings and premises, serving as its managerial and administrative center, which encompasses 3700-4000 Jackson

Avenue, Austin, Texas 78731.

HUB A Historically Underutilized Business, as defined by Chapter 2161 of the Texas

Government Code.

Party or Parties Either TxDMV or Respondent, separately or collectively.

PO The “Purchase Order,” a document issued by TxDMV and accepted by the

Contractor by its performance in accordance with the Purchase Order terms which shall be subject to the terms and conditions of the Contract. The Purchase

Order may indicate the terms, types, quantities, and agreed prices for the

Deliverables the Contractor will provide to TxDMV during the Contract term.

http://www.txsmartbuy.com/esbd

RFP No. 608-24-96646 Page 5 of 21

Respondent The individual or entity that submits a Response to this Solicitation. This term also includes anyone acting on behalf of the individual or entity that submits a

Response, such as an employee, representative, or agent. May also be referred to as “Bidder.”

Response The Respondent’s bid, proposal, or all information and materials, submitted to

TxDMV in response to this Solicitation. May also be referred to as “Bid,” “Bid

Response,” “Proposal,” or “Solicitation Response.”

RSC A Regional Service Center of the TxDMV. This term also includes all 16 RSCs located in Abilene, Amarillo, Austin, Beaumont, Corpus Christi, Dallas, El

Paso, Fort Worth, Houston, Longview, Lubbock, Midland-Odessa, Pharr, San

Antonio, Waco, and Wichita Falls, unless clearly stated otherwise.

Solicitation This “Request for Proposals,” along with all other documents referenced in or attached to this Solicitation, and any addendum thereto, if any, and posted to the

ESBD, soliciting responses for the proposed Deliverables set forth herein. May also be referred to as “RFP.”

SOW The Statement of Work, Scope of Work, Statement of Services to be Performed, or Scope of Services to be Preformed, that provides the description of requirements and specifications for the Deliverables as outlined within this

Solicitation and any resulting Contract, if any, that the Contractor is required to provide under any Contract that may result from this Solicitation.

TINS The Texas Identification Number System, a number that is issued by the Texas

Comptroller of Public Accounts and used to identify entities for tax-related purpose.

TxDMV The Texas Department of Motor Vehicles, the State agency established under

Chapter 1001 of the Texas Transportation Code, issuing this Solicitation. May also be referred to as “Department.”

Subcontractor Any individual or entity that enters into a contract with the Contractor to perform part of or all of the obligations of the Contractor to TxDMV under any

Contract that may result from this Solicitation. This term also includes the

Subcontractor’s employees or contractors.

State The state of Texas and its instrumentalities, including TxDMV and any other

State agency, its officers, employees, or authorized agents.

Vendor An individual or entity that supplies goods, products, or services, and may be a potential Respondent to this Solicitation.

VPTS The Vendor Performance Tracking System, an online tool that shares vendor performance information between State agencies and public institutions of higher education that is maintained by the Texas Comptroller of Public

Accounts. Additional information regarding VPTS may currently be accessed at: https://www.txsmartbuy.com/vpts.

A.2 Objective and Background

A.2.1 Objective

The Finance and Operations - Purchasing Section (“Purchasing Section”) of the Texas Department of

Motor Vehicles (“TxDMV”), for and on behalf of the Vehicles Titles and Registration Division

(“VTR”), is soliciting responses to provide secure production, printing, and delivery of Texas Certificate of Title (Form 30-C) and Certified Copy of Texas Certificate of Title (Form 30-CCO), Texas Salvage https://www.txsmartbuy.com/vpts

RFP No. 608-24-96646 Page 6 of 21

Vehicle Title (Form VTR-222-S), and Texas Nonrepairable Vehicle Title (Form VTR-222-NR). These secure forms are used by motorists to provide legal proof of ownership and/or status of a vehicle.

To be considered for any Contract that may result from this Solicitation, Respondents must submit a comprehensive Response that includes all required information and documentation as outlined in this

Solicitation to ensure the Respondent meets all requirements, possesses the required experience, and qualifications, and has the capacity to provide the Deliverables described in this Solicitation.

A.2.2 Background

The TxDMV is a dynamic state of Texas (“State”) agency dedicated to customer service, consumer protection, and the success of motor vehicle-related industries, and is established in accordance with

Chapter 1001 of the Texas Transportation Code. The stated mission of the agency is “to serve, protect and advance the citizens and industries in the state with quality motor vehicle related services.”

The public interacts with the TxDMV personnel on a daily basis to register their vehicles, obtain license plates, obtain title certificates, acquire parking placards for disabled drivers, address complaints associated to the motor vehicle industry, and more. Additionally, each year the agency registers almost

25 million vehicles; regulates vehicle dealers; credentials buses and large trucks for intrastate and interstate commerce; issues oversize and overweight permits; and awards grants to other state agencies, local governments, organizations, and concerned parties in an effort to raise public awareness of and reduce vehicle-related thefts and burglaries.

For more information about TxDMV and its divisions, please visit https://www.txdmv.gov/.

A.3 General Information and Requirements

A.3.1 Sole Point of Contact and Communications

The TxDMV Sole Point of Contact for communication, including requests, questions, or clarifications, concerning this Solicitation is:

Jason Adams, MS, CTCD, CTCM

Email: jason.adams@txdmv.gov

Vendor communications relating to this Solicitation must be directed in writing only, via email, to the

TxDMV Sole Point of Contact identified above. All communications regarding this Solicitation must clearly identify which section, subsection, and paragraph of the Solicitation or Attachment is being referenced. All other communications between a Vendor, its employees, officials, agents, and subcontractors, and any other TxDMV personnel concerning this Solicitation are strictly prohibited.

Failure to comply with these requirements may result in disqualification of the Response.

All communications concerning this Solicitation must be submitted on or before the “Deadline for

Submitting Questions or Clarifications” as noted in the Schedule of Events found on the first page of this Solicitation. Verbal inquiries related to this Solicitation are not acceptable and will receive no response, nor will Vendor communications received after the deadline referenced in the proceeding sentence be answered. Vendor communications pertaining to this Solicitation must include the

Solicitation number, title, and the Deadline for Submission of Solicitation Responses date identified in the Schedule of Events found on the first page of this Solicitation (the “Response Deadline”) in the https://www.txdmv.gov/ mailto:jason.adams@txdmv.gov

RFP No. 608-24-96646 Page 7 of 21 email subject line. TxDMV’s responses to questions or clarifications concerning this Solicitation, if any, will be answered by an addendum posted on the Electronic State Business Daily (“ESBD”) by the

Tentative Date for Responses to Questions or Clarifications or as soon as practical.

If a Vendor discovers any ambiguity, conflict, discrepancy, exclusionary specifications, omission, or other error in this Solicitation, the Vendor must immediately provide written notification via email to the TxDMV Sole Point of Contact. If a Respondent fails to notify the TxDMV Sole Point of Contact of any error, ambiguity, conflict, discrepancy, exclusionary specification, or omission, the Respondent submits its Response at its own risk and waives any claim of error or ambiguity in the Solicitation and any resulting Contract. If the Respondent is awarded any Contract that may result from this Solicitation, such Respondent will not be entitled to additional compensation, relief, or time by reason of the error or its later correction.

The communications restriction set forth in this Subsection (as to only communicating in writing with the TxDMV Sole Point of Contact identified above) does not preclude discussions between a

Vendor and TxDMV personnel for the purposes of conducting business unrelated to this

Solicitation.

A.3.2 Response Binding

In submitting a Response to this Solicitation, the Respondent agrees its entire Response will remain firm and binding for at least 120 days from the Response Deadline.

NOTE: A Respondent’s failure to complete, sign, and return Attachment A, TxDMV Respondent’s

Preferences, Affirmations, and Solicitation Acceptance with its Response will disqualify the entire

Response.

A.3.3 Travel, Mileage Rates, and Other Incidental Expenses

TxDMV will not pay any per diem, travel, mileage rates, trip charges, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to the Deliverables under any Contract that may result from this Solicitation. Therefore, Respondents must account for all travel, mileage, lodging, and other expenses in their pricing, if applicable to the Deliverables.

A.4 Contract Term & Historical Compensation

A.4.1 Contract Term

The initial term of any Contract that may result from this Solicitation is anticipated to be from the

Contract effective date until August 31, 2025, unless extended, renewed, or terminated sooner in accordance with the terms and conditions of the Contract. TxDMV, at its sole and absolute discretion, may extend or renew any Contract awarded pursuant to this Solicitation for any period(s) of time, provided the Contract term, including all extensions or renewals, do not exceed eight years.

Following the initial term and any allowable extensions or renewals, TxDMV, in its sole and absolute discretion, may extend any Contract that may result from this Solicitation beyond the initial term and all renewal periods, in whole or in part, for up to 12 months or for such time deemed necessary to ensure continuity of service, to process a new solicitation, to secure a new contract, for transitioning to a new

Vendor, or as otherwise determined by TxDMV to serve the best interest of the State.

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The Respondent in submitting a Response to this Solicitation, acknowledges and understands that

TxDMV is not responsible for payment under any Contract resulting from this Solicitation before the effective date of the Contract. No pre-Contract spending by a Contractor will be allowed.

A.4.2 Historical Compensation

The historical compensation under TxDMV contracts with similar scope and size to this Solicitation has been an approximate average of $700,000.00 annually. Notwithstanding anything to the contrary in this

Solicitation, TxDMV reserves the right to adjust any projected amount based on State funding during the term of any Contract resulting from this Solicitation.

A.5 Pricing Structure

Price adjustments for any Contract that may result from this Solicitation will be considered based upon increases reflected in a manufacturer’s price list. Consequently, Respondent must include all applicable manufacturer’s price list(s) in its Response. TxDMV may disqualify Responses received without a manufacturer’s price list. The manufacturer’s price list must reflect the effective date of the list or include certification that prices are current. TxDMV may determine the acceptability of any manufacturer’s price list provided in a Response at its sole discretion.

Prices within a manufacturer’s price list must reflect the manufacturer’s true cost of producing the commodities requested in this Solicitation. In consideration for determination of the manufacturer’s price, individual components such as the following may be considered:

• Producer price index(es) for materials that are used in producing the finalized product;

• Increases from material suppliers, supported by a mill letter or certified material producer’s letter;

• Tariff(s) where the manufacturer or Contractor can demonstrate with specificity the effect of the tariff(s) on the final price of the finished product; and/or

• Any additional information deemed relevant by TxDMV in determining the final list price.

If Respondent fails to provide an acceptable manufacturer’s price list, TxDMV may, in its sole discretion, award a Contract at a firm, fixed price. Contractor will not be eligible for any price increases for the initial terms of any Contract that may result from this Solicitation. Additionally, Respondent will not be entitled to any price increase on any item that is not included in Respondent’s manufacturer’s price lists.

Maximum allowable price increases will be determined using the following formula:

((Original Awarded Price ÷ Original Mfg. Price) x New Mfg. Price) = Max. Allowable Contract Price

In calculating this formula, as to each item for which a price increase is requested:

(1) “Original Awarded Price” is the price at which the Contract for the item is initially awarded to the Contractor as a result of this Solicitation;

(2) “Original Mfg. Price” is the price reflected on the manufacturer’s price list submitted with

Contractor’s original Response to this Solicitation; and

(3) “New Mfg. Price” is the price reflected in manufacturer’s price documentation submitted by

Contractor in support of its price increase request.

RFP No. 608-24-96646 Page 9 of 21

If the Contractor fails to calculate this formula or provide the required supporting documentation, its request will not be considered. As stated above, if no manufacturer’s price list was accepted by TxDMV before Contract award, no increase is permitted.

A.6 Price Adjustments

A.6.1 Price Increase or Cancellation Requests

Price adjustments are not automatic and must remain firm for the initial term of any Contract that may result from this Solicitation, except as may be allowed under Section A.5 and Subsections A.6.2 and

A.6.3. After the initial term of any Contract that may result from this Solicitation, the Parties may negotiate and agree on a price increase or reduction prior to an extension or renewal option being exercised.

TxDMV, in its sole and absolute discretion, may accept, reject, or negotiate price increases after receipt of a complete, properly submitted, written request that includes documentation in support of any price adjustment. All requests submitted without sufficient supporting documentation to support the pricing increase will not be considered. The Contractor will receive written notification from TxDMV’s

Purchasing Section documenting action taken, to include effective dates when appropriate. Any Contract that may result from this Solicitation up to the effective date of approval or cancellation, as applicable, must be honored by the Contractor at the price reflected in the Contract.

Price increase and cancellation requests under this Subsection should be sent by e-mail to the TxDMV

Contract Monitor designated in the Contract with a copy to purchasing@txdmv.gov along with the following in the subject line: “RFP # 608-24-96646 – Price Increase Request.”

A.6.2 Federal Minimum Wage Adjustments

Notwithstanding anything to the contrary in any Contract that may result from this Solicitation, the

Contractor may request a price adjustment based on an increase in the Federal Minimum Wage Rate, published by the U.S. Department of Labor (“USDOL”), if applicable. The request must be submitted in writing to the designated TxDMV Contract Monitor in the Contract with a copy to purchasing@txdmv.gov along with the following in the subject line: “RFP # 608-24-96646 – Federal

Minimum Wage Adjustment Request” and include supporting documentation from the USDOL reflecting the increase and the effective date of the increase. TxDMV reserves the right to accept or reject the request for an increase. The effective date for an increase, if approved, will be based on the date of approval by TxDMV. Retroactive increases will not be allowed or approved if the USDOL effective date is prior to the date the written request is received by the designated TxDMV Contract Monitor.

Notification of an approved increase in the Contract rate will be provided through a Contract Amendment or Purchase Order (“PO”) change notice containing the new unit price and effective date for the increase.

A.6.3 Price Decrease or Discount

The Contractor shall immediately implement any price decrease or discount applicable to the

Deliverables that may become available during the term of any Contract that may result from this

Solicitation. Additionally, the Contractor must notify the designated TxDMV Contract Monitor designated in the Contract in writing so a Contract amendment or PO change notice may be processed for the Contract.

mailto:Purchasing@TxDMV.gov

RFP No. 608-24-96646 Page 10 of 21

Price decreases or discount notifications under this Subsection should be sent by e-mail to the designated

TxDMV Contract Monitor with a copy to purchasing@txdmv.gov along with the following in the subject line: “RFP # 608-24-96646 – Price Decrease or Discount Notice.”

A.7 Deliverables Requirements and Specifications

A.7.1 Specifications and Requirements

The specifications and requirements for the Deliverables that will be covered by any Contract that may result from this Solicitation are set forth in Attachment C, Statement of Work (“SOW”). Please see

Attachment F, Price Sheet for line items and Attachments D and E for sample images of forms and packaging and stacking diagram.

Documentation of the Respondent’s experience and qualifications must be submitted with its

Response, as well as the names and contact information for three verifiable references for current or previous contracts of the same size and scope of Deliverables.

A.7.2 No Guarantee of Value, Usage, or Compensation

TxDMV does not guarantee a specific volume, usage, or total compensation to be paid to the Contractor throughout the term of any Contract that may result from this Solicitation. Any Contract that may result from this Solicitation is subject to legislative appropriations and the continuing availability of funds.

A.7.3 Condition of Deliverables

The proposed and delivery of the Deliverables 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 this Solicitation. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable.

A.7.4 Delivery Schedule

In the space indicated on Attachment F, Price Sheet, respondents must enter the number of days required for delivery of the Deliverables after receipt of order (“ARO”) under normal conditions.

Delivery days means calendar days, unless otherwise specified herein. Failure to state delivery time may disqualify the Response.

Shipping shall be FOB destination to TxDMV’s specified location and Contractor maintains all risk of physical loss or damage to the Deliverables while in storage at Contractor’s facilities or during transport.

Consequently, shipping and freight should be included within the unit price of the Deliverables as referenced in Attachment F, Price Sheet.

A.7.5 Delivery Delays

If a delay in delivery time is foreseen, the Contractor must give prompt verbal and written notice to the designated TxDMV Contract Monitor in the Contract with a copy to purchasing@txdmv.gov and continuously update TxDMV of the delivery status. Time is of the essence in performance of any

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Contract that may result from this Solicitation. Late delivery may trigger Contract remedies available to

TxDMV.

The Contractor providing noncompliant Deliverables as determined by TxDMV, in its sole discretion, does not constitute delivery. Delivery does not occur until the Contractor delivers Deliverables in full compliance with the Contract. Delivery of noncompliant Deliverables may trigger contract remedies available to TxDMV.

A.7.6 Reporting Requirements

The Contractor, upon request by TxDMV must provide reports within ten business days that details the historical provision of Deliverables under any Contract that may result from this Solicitation.

TxDMV reserves the right to modify reporting requirements under any Contract that may result from this Solicitation to meet the evolving needs of TxDMV. If the Contractor fails to submit Deliverables reports, falsifies Deliverables reports, or fails to submit Deliverables reports in a timely manner, TxDMV may immediately terminate or cancel the Contract at no fault to TxDMV.

A.7.7 Future Contract Development

The Contractor shall provide any information requested by TxDMV to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the TxDMV within fourteen days of the request. Failure to provide future contract development information when requested may affect the Contractor’s consideration for future contracting opportunities with TxDMV.

A.8 Response Evaluation and Scoring

A.8.1 Initial Compliance Screening

The TxDMV Sole Point of Contact identified in Subsection A.3.1 will perform an initial compliance screening of all Responses received prior to the Response Deadline. The initial screening will check for compliance with various content requirements and minimum qualification requirements defined in this

Solicitation. A Respondent’s failure to complete, sign, and return Attachment A, TxDMV

Respondent’s Preferences, Affirmations, and Solicitation Acceptance and/or does not include all required documents will be disqualified with its Response will disqualify the entire Response.

Notwithstanding proceeding sentence, TxDMV reserves the right to waive minor technicalities and/or immaterial requirements in a Response and award any Contract that may result from this Solicitation that is in the best interest of the State.

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

A.8.2 Vendor Performance

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

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TxDMV. In addition to the Response, TxDMV may consider any source of information that it deems reliable regarding the Respondent.

TxDMV will consider a Respondent’s past performance in compliance with applicable provisions of

Sections 2155.074, 2155.075, 2156.007, 2157.003, and 2157.125 of the Texas Government Code. The following examples indicate poor Vendor past performance:

• A score of less than a C in the Vendor Performance Tracking System (“VPTS”);

• Currently under a Corrective Action Plan for a TxDMV contract;

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

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

• Cancellation of purchase order(s) in the previous 12 months for non-performance, such as late delivery or quality control issues.

Additionally, TxDMV may consult references regarding Respondent’s past performance within the last five years in areas including but not limited to: notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts.

At any point throughout any Contract that may result from this Solicitation, including any extension or renewals periods, TxDMV may initiate examinations of the Contractor’s performance based upon media reports and any such investigations shall be at the sole discretion of TxDMV.

A.8.3 Negotiations

TxDMV reserves the right to negotiate any term or condition set forth in the Respondent’s Response during Contract negotiations that TxDMV considers to be unfavorable to the State and to make modifications to the requirements set forth in this Solicitation, provided such modifications do not constitute a material change.

A.8.4 Ties

TxDMV may break a tie by applying Bidder preferences under State law that were claimed in the

Response. If no preference applies, TxDMV may award tied items by drawing lots, tossing a coin, or drawing names with two witnesses to oversee the tie-breaking activity.

A.8.5 Evaluation Scoring and Award Approach

TxDMV intends to award one Contract as a result of this Solicitation based on the recommendation of an evaluation committee. TxDMV will consider the best value for the State as directed by Section

2156.125 of the Texas Government Code when awarding a Contract to a Respondent. For the avoidance of doubt, TxDMV reserves the right to award all or part of any Contract that may result from this

Solicitation to one Respondent and to award part of any Contract that may result from this Solicitation to another Respondent. Any award(s) made will adhere to the procedures, evaluation criteria, and guidelines specified in this Solicitation and in the applicable law.

Prior to the Response Deadline, TxDMV will establish an evaluation committee(s) to review, evaluate, and score each Response. The members of the evaluation committee(s) are subject to change at any time.

The committee will include employees of TxDMV and may include other individuals invited by TxDMV to participate. The evaluation committee(s) are authorized to consult with and seek the advice of TxDMV employees and non-TxDMV employees who are not members of the evaluation committee(s).

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A.8.6 Evaluation Matrix

All Responses will be evaluated based on pre-defined criteria. The evaluation committee(s) will use a weighted scoring system to achieve a fair and objective assessment of the Responses received based on the evaluation matrix set forth below.

Only Responses that meet the minimum requirements as set forth in this Solicitation will be reviewed and scored.

The following evaluation criteria and scoring will comprise the total score:

Evaluation Criteria: Points

1 Respondent’s Completed Attachment F, Price Sheet 40

2 Respondent’s Responses to Evaluation Questions; Reference Attachment G, Evaluation Criteria

Total 100

A.8.7 Best and Final Offers and Competitive Range Determination

TxDMV will, in its sole and absolute discretion, determine whether negotiations or Best and Final Offers

(“BAFOs”) are necessary and may also elect to invite selected Respondents found to be within a competitive range to provide oral presentations of their Responses. A request for a BAFO does not guarantee Respondents any award or further negotiations. Only Respondents that are within the competitive range may qualify for further evaluation or negotiations. Therefore, Responses falling outside this competitive range will be precluded from further consideration of award. Additionally, Respondents should not expect or assume that TxDMV will request a BAFO.

A.8.8 Discussion with Respondent

TxDMV may, but is not required to, conduct discussions with all, some, or none of the Respondents for the purpose of obtaining the best value for the State. TxDMV may conduct discussions for the purpose of:

• Obtaining clarification of response ambiguities;

• Requesting modifications to a response; and/or

• Obtaining a best and final offer.

TxDMV may make an award prior to the completion of discussions with other Respondents if TxDMV determines that the award represents best value to the State.

A.9 Awards

A.9.1 Award Approach

TxDMV intends to make an award to a single Respondent(s) providing the best value to the State for the

Deliverables as set forth in Attachment F, Price Sheet. However, TxDMV reserves the right to award

RFP No. 608-24-96646 Page 14 of 21 all or part of any Contract that may result from this Solicitation to one Vendor and to award another part of the Contract to another Vendor.

Any award(s) that may result from this Solicitation will adhere to the procedures, evaluation criteria, and guidelines specified in this Solicitation and in applicable law.

A.9.2 Award and Cancellation

TxDMV reserves the right to accept or reject all or any part of a Response, waive minor technicalities or immaterial requirements, and award any Contract that may result from this Solicitation that serves the best interest of the State.

If, for any reason, a final Contract cannot be executed with a Respondent selected for award within ten business days of TxDMV beginning negotiations with a Respondent, TxDMV may, in its sole and absolute discretion, negotiate a Contract with the next highest-scoring Respondent or may withdraw, modify, or partially award any Contract that may result from this Solicitation.

Additionally, TxDMV also reserves the right to make changes to and/or cancel this Solicitation, make a partial award, or decline to award a Contract resulting from this Solicitation at any time at its sole and absolute discretion.

A.10 Submission Instructions & Requirements

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

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

Responses submitted by any other method not specified in Subsections A.10.1 and A.10.2, will not be accepted or considered.

NOTE: A Respondent’s failure to complete, sign, and return Attachment A, TxDMV Respondent’s

Preferences, Affirmations, and Solicitation Acceptance with its Response will disqualify the entire

Response.

A.10.1 Electronic Mail Submission of Response

1. Responses, including all documents required by this Solicitation, submitted by e-mail must be sent to jason.adams@txdmv.gov with a copy to purchasing@txdmv.gov by the Response

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

Additionally, as a reminder, TxDMV will notify Respondent that its Response was rejected.

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

mailto:jason.adams@txdmv.gov mailto:purchasing@txdmv.gov

RFP No. 608-24-96646 Page 15 of 21

“RFP No. 608-24-96646, Vehicle Title Forms, <Respondent’s Name Here>”

TxDMV is not responsible for Responses submitted by e-mail, lost e-mails, or blocked e-mails, or emails that do not follow the required naming convention. Additionally, TxDMV takes no responsibility for e-mailed Responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any

TxDMV anti-virus or other security software. Respondents are advised to be aware

Internet Service Providers may limit file sizes on outgoing e-mails.

3. If a Respondent believes its Response contains information that is confidential, proprietary, and exempt from public disclosure under the “Texas Public Information Act,” Chapter 552 of the

Texas Government Code, the Respondent should submit a second, redacted copy of its Response with the email subject line containing the following:

“RFP No. 608-24-96646, Vehicle Title Forms, <Respondent’s Name Here>- Redacted”

The second, redacted copy of the Respondent’s Response must include a detailed summary of the redacted information.

If Respondent fails to submit a redacted copy of its Response, TxDMV assumes all information contained in the original Response (excluding social security numbers) is public.

4. Responses cannot be altered or amended after the Response Deadline. Alterations made prior to the Response Deadline must be initialed by the Respondent or its authorized representative. No

Response may be withdrawn after the Response Deadline without written approval from

TxDMV.

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

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

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

7. Responses, including all documents required by this Solicitation, should be submitted in

Microsoft Office® formats (Word® and Excel®, as applicable) or in a form that may be read by

Microsoft Office® software, or Adobe® portable document format (“PDF”). All documents with signatures shall be submitted as a PDF file. TxDMV is not responsible for documents that cannot be read or converted. Unreadable Responses may, in TxDMV’s sole discretion, be rejected as nonresponsive.

A.10.2 Hand Delivery or Mail Delivery of Response (OPTIONAL)

1. Responses may be hand-carried or delivered by overnight service or U.S. Mail before the

Response Deadline to the address listed below. Responses received after the Response Deadline

RFP No. 608-24-96646 Page 16 of 21 will not be considered. TxDMV, in its sole discretion, will either return the rejected Response to the Respondent or dispose of it in accordance with TxDMV policy.

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

Texas Department of Motor Vehicles

Purchasing Section

4000 Jackson Avenue

Austin, Texas 78731

Attn: Jason Adams, Purchaser

2. All Responses hand delivered or mailed must be in a package plainly marked as “RFP No. 608-

24-96646, Vehicle Title Forms, <Respondent’s Name Here>.” All deliveries will be received and logged.

3. When hand-delivering or mailing a Response, the Respondent should place a label in the lower left-hand corner of the sealed mailing envelope or box that contains the Solicitation information noted in Subsection A.10.1 above. If the Response requires more than one envelope or box, the label on each sealed envelope or box should include the number of sealed envelopes or boxes

(e.g., 1 of #).

If a delivery service is used that prohibits such markings on the outside of the package, this information must be placed in plain view on the outside of an interior envelope or package.

A.10.3 Signature Authority

The Respondent by submitting its Response, represents and warrants that the individual submitting its

Response including all documents incorporated therein is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any Contract that may result from the submission of its Response.

A.10.4 Applicable Statutes, Regulations, and Rules

Respondents must comply with all statutes, rules, and regulations related to purchasing applicable to the

State and TxDMV in addition to the requirements of this Solicitation. Additionally, the Contractor under any Contract resulting from this Solicitation, if any, shall comply with all federal, State, and local laws, statutes, rules, regulations, and ordinances, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations.

A.10.5 Legislative Budget Board Reporting and Posting of Certain Contracts on Websites

Respondents understand, acknowledge, and accept that TxDMV will comply with the requirements of

Sections 322.020 and 2261.253 of the Texas Government Code in regard to posting of contracts to the

Legislative Budget Board’s (“LBB”) database of State agency contracts (for major contracts, as defined in Section 322.020(a)) or the TxDMV website (all other required contracts), which are currently accessible at: https://www.lbb.texas.gov/contract_reporting.aspx and https://www.txdmv.gov/business-https://www.lbb.texas.gov/contract_reporting.aspx https://www.txdmv.gov/business-portal/fas-contract-review

RFP No. 608-24-96646 Page 17 of 21 portal/fas-contract-review. To the extent any Contract resulting from this Solicitation falls within the scope of the requirements listed in Sections 322.020 or 2261.253, TxDMV will provide to the LBB for posting on its website, or post on the TxDMV website, as applicable, the following: the Contract with any associated attachments, including the Contractor’s Solicitation Response, except for information that is not subject to disclosure under Chapter 552 of the Texas Government Code, if any. For the avoidance of doubt, Respondents further understand and acknowledge that any information withheld or redacted as part of TxDMV’s compliance with Sections 322.020 or 2261.253 does not represent or guarantee that the information identified will be excepted from disclosure under a public information request.

A.10.6 Price Sheet– Mandatory

The Respondent’s proposed costs must be submitted on Attachment F, Price Sheet. Respondents must submit the price sheet in its original Microsoft Excel® format only. Failure to comply with the price sheet format requirement by converting the price sheet to a PDF or other document format may result in disqualification of the Response. Additionally, Responses will be disqualified if they do not contain the completed Attachment F, Price Sheet.

A.10.7 Cash Discounts

Cash discounts will not be considered in determining an award of any Contract that may result from this

Solicitation. However, Cash discounts proposed will be taken by TxDMV if earned.

A.10.8 Texas Identification Number System (TINS) – Mandatory

Respondents must enter its eleven-digit Texas Identification Number System (“TINS”) number, full name, and address in the spaces provided in Attachment A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance. Failure to comply with this requirement may result in disqualification of the Response.

A.10.9 Taxes

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

A.10.10 Award of Contract

A Response to this Solicitation must be based upon the terms, conditions, and specifications contained herein. The successful Respondent’s Response to this Solicitation does not become a Contract until the

Parties execute a written Contract or TxDMV issues a Purchase Order that is accepted by the Contractor.

The award of any Contract that may result from this Solicitation will be made based upon the evaluation of all compliant Responses received, using the applicable best value factors and the weights listed in the

Evaluation Matrix as set forth in Section A.8.

A.10.11 Exceptions to Contract Terms and Conditions https://www.txdmv.gov/business-portal/fas-contract-review

RFP No. 608-24-96646 Page 18 of 21

Respondents are encouraged to request any desired modifications to this Solicitation through the questions or clarifications process outlined in Subsection A.3.1 prior to the Deadline for Submitting

Questions or Clarifications as noted in the Schedule of Events found on the first page of this Solicitation.

Furthermore, TxDMV must reject any Response that includes exceptions that materially change the specifications or requirements of the Solicitation. Any exceptions or additions to the terms, conditions, and specifications contained in this Solicitation including all Attachments thereto by a Respondent and submitted with its Response are deemed rejected by TxDMV and will not become part of any Contract that may result from this Solicitation, unless TxDMV expressly agrees to such exceptions or additions in writing. For the avoidance of doubt, the execution of a written Contract or issuance of a PO by TxDMV that may or may not reference the Respondent’s Response is not sufficient and does not demonstrate

TxDMV’s acceptance of any exceptions or additions that may be therein unless expressly stated.

If a Respondent has objections to any of the terms, conditions, or specifications in this Solicitation including all Attachments thereto, the Respondent must provide the language that it has an objection, state the basis for the objection, and propose substitute language using the format below, either on company letterhead or a Microsoft Excel® spreadsheet:

Section/Subsection Section Title Exception Proposed

Language

A.10.12 Respondent’s Response Format - Required Elements

a. Respondent’s Execution of Response Page (Attachment A)

The Response title page should include the following:

• Name and address of the Respondent

• TINS and contact information

• Signature

b. Table of Contents

The Response should be submitted with a table of contents that clearly identifies and denotes the location of each section and sub-section of the Response. Additionally, the table of contents should clearly identify and denote the location of all enclosures, appendices, attachments to the Response.

c. Executive Summary

Respondents should submit an Executive Summary that provides a concise summary of the plan being proposed to meet the requirements of this Solicitation, the Respondent’s approach to providing the requirements identified by TxDMV, and a description of what uniquely qualifies Respondent for this contract. The Executive Summary should exclude cost information.

d. Respondent Information

The Respondent must provide:

• Name and address of business entity submitting Response; and

RFP No. 608-24-96646 Page 19 of 21

• Name, business address, telephone numbers, and email addresses (if available) of the proposed principal contact person regarding all contractual matters pertaining to this Solicitation.

e. Qualifications of Respondent

Respondent must provide information to confirm that the Respondent and any subcontractors have the experience, expertise, and stability necessary to successfully comply with the requirements listed in this Solicitation. Please see Attachment G, Evaluation Criteria.

TxDMV reserves the right to request additional clarification to documentation submitted in response to meeting the requirements mentioned in this Subsection.

A.10.13 Respondent’s Response

The Respondent’s Response must include information that addresses each of the following:

a. All written Responses must be phrased in terms and language that can be easily understood by non-technical personnel (e.g., laypersons without subject matter expertise).

b. All Responses must be in formats as specified by TxDMV – at a minimum, the formats must be in industry accepted standards (e.g., Microsoft Office® formats: Word®, Excel®, PowerPoint®, and Project®, or PDF file).

c. Responses to all questions and requirements outlined in Attachment G, Evaluation

Criteria.

d. All other information or documents that are required to be included in the Response as stated throughout this Solicitation.

e. Certificate of Insurance meeting or exceeding the coverage outlined in Section GGG of

Attachment B, TxDMV Contract Terms and Conditions.

f. A signed copy of any and all Addenda that TxDMV may have posted to the ESBD.

g. A completed and signed Attachment A, TxDMV Respondent’s Preferences, Affirmations, and Solicitation Acceptance. Failure to comply with this requirement will disqualify the Response.

A.10.14 Escalation Protocol

The Respondent’s Response must include a proposed escalation…