ESBD_File_347980_601320000061191_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 04/13/2022

THE ATTACHED SOLICITATION SHOULD BE RETURNED AS FOLLOWS:

must be received before the hour and dateAll responses for Solicitation No.

specified

All reference to time in the solicitation shall mean Central Time.

Email responses must be sent to . Email responses must not exceed 20 MB and be in portable document format (PDF) or Excel format for pricing schedules, signed by respondent, and attached to the email to be considered for award. Emails exceeding 20 MB must be sent to through managed file transfer services such as, but not restricted to, Dropbox™. TxDOT will not be responsible for failure of electronic equipment, operator error, server delays, or system outages. Responses that are late, illegible, incomplete, file corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

Respondent must place the following in the subject line of their email submission: Solicitation Number, Company Name.

The response must be sent only to . Any response sent to any email address other than

- whether directly, courtesy copy (cc), or blind copy (bcc) - will be considered non-responsive.

For hand delivery or courier service, United States Postal Service, Federal Express, United Parcel Service, or other mail delivery service, contact the purchaser for assistance.

601320000061191 January 26, 2024 10:00 AM

Ashley.Ramirez@txdot.gov

Ashley.Ramirez@txdot.gov

Ashley.Ramirez@txdot.gov Ashley.Ramirez@txdot.gov

Invitation for Bid

TEMPORARY MOBILE FUELING SERVICES

Solicitation No. 601320000061191

NIGP Class-Item: 928-45

Purchaser: Ashley Ramirez

Solicitation Calendar of Events

Estimated Solicitation Posting Date: 1/18/2024

Deadline for submission of questions:

Reference Paragraph 10. – Contact Information 1/22/2024

TxDOT Response to Questions to be posted by: 1/23/2024

Response Due Date: 1/26/2024, 10:00AM Central Time

Tentative Date for Contract Award: 1/31/2024

2 - 4

1. Description of Services

This solicitation is to establish a contract for temporary mobile fueling services for delivery of Diesel Fuel at the Port Aransas Ferry Operations. This is a re-advertisement of solicitation 601320000060699.

2. Emergency

This solicitation is for an emergency purchase made under Texas Government Code, §2155.137 and 34 TAC 20.82.

3. Term of Service

The term of four months commences upon the issuance of a contract by TxDOT and expires on April 22, 2024 with no option to renew.

NOTE: The dates are estimated based on the anticipated award.

4. Electronic State Business Daily (ESBD)

This solicitation is posted on the ESBD.

It is the responsibility of the interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. The respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the solicitation.

http://www.txsmartbuy.com/esbd

5. Order of Precedence

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

5.1.

5.2.

5.3.

5.4.

5.5.

5.6.

Solicitation No. 601320000061191

Statement of Work (SOW), TxDOT 928-45-61191 Dated January 2024 TxDOT Terms and Conditions, October 2023

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

Pricing Schedule

Execution of Bid

HUB Subcontracting Plan

5.6.1. With the following exception to Attachment A – Historically Underutilized Business Participation Plan (HSO): Change all notification requirements of “seven (7) business days” to “three (3) calendar days”.

6. Work Hours

Work hours may be flexible, based on type of work and TxDOT requirements. All work performed by the respondent must be in accordance with a TxDOT-approved work schedule. Respondent employees must be available to work on an as needed basis.

7. Insurance Requirements

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

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

3 - 4 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.

9. Texas HUB Subcontracting Plan

TxDOT has determined that subcontracting opportunities are probable in connection with this solicitation (Reference Attachment A).

10. 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: Ashley Ramirez, CTCD, CTCM

Phone: 956-712-7734

Email: Ashley.Ramirez@txdot.gov

Secondary Contact: Erika Rivera, CTCD, CTCM

Phone: 210-615-5952

Email: Erika.Rivera@txdot.gov

11. Response Submission

11.1. GENERAL FORMAT: The respondent must submit one signed and dated response to include the documentation required per response paragraph 11.3. to the email address as indicated on the “Instructions to Respondents” page.

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

11.3. 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:

11.3.1. Section 1 – Execution of Bid

11.3.2. Section 2 – Pricing Schedule

11.3.3. Section 3 – Vendor Qualifications and Experience Schedule:

Complete and return detailing respondent qualifications and experience to include certifications or licenses required.

11.3.4. 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.

11.3.5. Section 5 – Texas Family Code Schedule

mailto:Ashley.Ramirez@txdot.gov mailto:Erika.Rivera@txdot.gov

4 - 4

11.3.6. Section 6 – HUB Subcontracting Plan

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

12. 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 vendor and TxDOT shall identify specific goals, strategies, and activities planned for meeting program area objectives.

13. 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 purchaser listed on the solicitation.

TEXAS DEPARTMENT OF TRANSPORTATION

STATEMENT OF WORK

TxDOT 928-45-61191

DATED: JANUARY 2024

1 - 7

TEMPORARY MOBILE FUELING SERVICES

PUBLICATION

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 document 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 for temporary mobile fueling for the delivery of Diesel Fuel for the Port Aransas Ferry Operations.

2. LOCATION(S): Are specified on the Pricing Schedule. TxDOT reserves the right to add or delete facilities serviced under the contract. TxDOT will provide 10 calendar day(s) written notice to the vendor for locations to be deleted or of any additional locations requiring service within the same area or region.

3. DEFINITIONS OF TERMS AND ACRONYMS

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

BPO.

3.2. 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.

3.3. FLSA – Fair Labor Standards Act.

3.4. PM – Project manager.

3.5. POC – Point of contact.

3.6. TxDOT – Texas Department of Transportation.

4. 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:

4.1. Texas Administrative Code, Title 16, Part 4, Chapter 75, Air Conditioning and Refrigeration.

5. VENDOR QUALIFICATIONS: The vendor must:

Be a company or an individual engaged, or whose partners are engaged in the business of providing temporary mobile fuel deliveries for a minimum of three years within the past five years. Years of experience of an individual(s) or partner(s) with a minimum of 25% ownership of the company can be applied to the company’s years in business.

5.1. Have a minimum of three years experience within the past seven years in conducting over water fuel deliveries.

6. VENDOR PERSONNEL QUALIFICATIONS AND REQUIREMENTS: The vendor must provide the following personnel with the listed qualifications:

6.1. PM must:

6.1.1. Have a minimum of three years’ experience within the past five years in fueling over water or similar services.

2 - 7

6.1.2. Be primarily responsible for the day-to-day operation of the service in accordance with the requirements of the contract.

6.1.3. Be a permanent staff employee and serve as a constant primary point of contact for TxDOT.

6.2. TEAM MEMBERS: Team members with a minimum of one year experience within the past three years in the services referenced in Paragraph 7. and must have the knowledge to develop and implement the service requirements in this solicitation.

6.3. All personnel who will be driving to and from TxDOT work locations must:

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

6.3.2. Have no Driving Under Influence (DUI) or Driving While Intoxicated (DWI) incidents on driving record within the past three years.

6.3.3. Have no more than two moving violations on driving record within the past three years.

NOTE: TxDOT reserves the right to request proof of qualifications.

7. SERVICE REQUIREMENTS: The vendor must:

7.1. Provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times including, but not limited to, wearing hard hats, safety shoes, goggles, etc.

7.2. Provide a primary point of contact.

7.3. Conduct driver license checks annually on vendor staff that drive to and from TxDOT work locations to verify compliance with paragraph 6.3.

7.4. Provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by TxDOT.

7.5. Make arrangements with the designated TxDOT representative prior to off-loading tools and equipment at the job site.

7.6. Only park in locations assigned by the designated TxDOT representative.

7.7. Not use restrooms for washing tools and equipment.

7.8. Ensure all personnel are fluent in English with the ability to receive, give, and understand written and oral instructions.

7.9. Ensure personnel are not excessively loud.

7.10. Ensure personnel do not use personal multi-media devices while performing services for TxDOT unless furnished by the vendor to facilitate communication with TxDOT or the vendor.

7.11. Begin work within 5 calendar days after the issuance of written authorization from the authorized TxDOT representative.

7.12. Provide a metered bobtail truck for deliveries.

7.13. Provide delivery trucks equipped with all required connections and pumps to deliver fuel onto Ferry boat(s).

7.13.1. Tank Hose

1-1/2in 150psi TANK HOSE X 150FT W-2in MP

3 - 7

SWIVEL O/E 1-1/2in BRASS MPT W-1-1/2in

MAXI-DRY ALUM DISCONNECT O/E

W-SPIRAL WRAP **U.S.C.G. TEST TAGGED CERT*

7.14. Make deliveries within two working days of the delivery request date, unless otherwise agreed by TxDOT representative. TxDOT may require a shorter delivery time.

7.15. Provide a certified meter ticket at the time of delivery. The meter ticket must indicate the number of gallons delivered into the TxDOT Ferry vessel.

7.16. Obtain the signature of the TxDOT employee in attendance on the meter ticket printout. One copy of the delivery documentation must be left with the TxDOT employee. Failure to provide a delivery document with each fuel delivery and failure to obtain TxDOT employee signature will be grounds for non-payment of the invoice and will result in TxDOT's unit of measure being used.

8. PRODUCT SPECIFICATION: NO. 2 DIESEL FUEL, ULTRA LOW SULFUR: Must:

8.1. Meet the requirements of the Texas Administrative Code (TAC) Title 30, Chapter 114, Subchapter H, Division 2, Sections 114.312-114.317 and 114.319, Alternative Emission Reduction Plan 114.318 will be accepted.

8.2. Comply with the requirements of ASTM D975, latest revision.

8.3. Comply with the requirements of ASTM D1552, latest revision.

8.4. Comply with the requirements of ASTM D482, latest revision.

8.5. Comply with the requirements of SAE J313, latest revision.

8.6. Have a minimum cetane number of 40.

8.7. Have a maximum .0015 weight percent of sulfur.

8.8. Have a maximum aromatic content of 35%.

8.9. Be free of visible evidence of blue dye 1.4 dialkylamine-anthraquinone.

8.10. Contain dye solvent red 164.

9. SPILLAGE AND CLEANUP: The vendor shall be responsible for all spillage, which may occur during transit, loading, or unloading operations.

9.1. Delivery driver must implement immediate safety and spill containment measures and then notify TxDOT representative on-site.

9.2. The vendor must clean-up the spillage within one working day of the time of spillage, or other time period as specified by TxDOT.

9.3. Clean up must be performed in accordance with EPA and state of Texas guidelines and requirements. Failure to do so shall initiate corrective action and charge back to the vendor any costs incurred.

9.4. TxDOT reserves the right to deny delivery vehicles leaking fuel or other hazardous materials access to TxDOT property. The vendor will be notified of denied access and must make delivery within one working day of notification with a TxDOT approved vehicle.

10. PRICING:

4 - 7

10.1. Provide fuel cost pricing based on the OPIS – CONT NET AVG to calculate price per gallon excluding taxes and vendors constant(s).

10.2. VENDOR CONSTANT:

10.2.1. Is payable only on the number of gallons received by TxDOT.

10.2.2. Must include all loading fees, other operational overhead costs the vendor's profit margin, and any other associated costs related to the provision of fuel.

10.3. FEES & TAXES

10.3.1. STATE TAXES:

10.3.1.1. The state of Texas motor fuels tax must be included on the vendor's invoice for unleaded gasoline, reformulated gasoline, aviation turbine engine fuel, and aviation gasoline 100 LL.

10.3.1.2. TxDOT is a bonded user of dyed diesel fuel and holds the related permit issued by the Texas Comptroller of Public Accounts (CPA).

10.3.1.3. The state of Texas tax on dyed diesel fuel must not be included on the vendor's invoice for diesel fuel.

10.3.1.4. TxDOT's Dyed Diesel Bonded Users Permit is issued under Taxpayer number 1-74-6000170-8

10.3.2. FEDERAL TAXES AND FEES

10.3.2.1. TxDOT is exempt from federal excise taxes on diesel fuel.

10.3.2.1.1. The vendor must provide diesel fuel that is

designated for sale as non-taxable.

10.3.2.1.2. A Federal Excise Tax Exemption Certificate will be furnished to the vendor at the time of contract issuance and at renewal if exercised.

10.3.2.1.3. Misuse of an exemption certificate by any seller or vendor, or both, shall result in cancellation of the contract.

10.3.2.2. TxDOT is not exempt from OSLTF and LUST.

11. ORDERS: The vendor must:

11.1. Provide an email address, vendor POC, and a local or toll-free number for the placement of fuel orders.

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

12.1. An unsatisfactory performance determination includes, but is not limited to:

12.1.1. One service “call back” to correct the same problem within 30 calendar days.

12.1.2. Failure to deliver.

5 - 7

12.1.3. Two instances within one year of response time, as defined in this statement of work, to an authorized service call exceeding the two calendar day limit.

12.1.4. Once instance within one year of spillage and cleanup, reference paragraph 9.

12.1.5. Any requirement not met as outlined in the service requirements determined by TxDOT.

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both, in addition to any other rights, liquidated damages and remedies provided by the contract or allowed by law.

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

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

13. CONTRACT REMEDIES: In the event of a breach of contract or non-performance by the vendor, compensatory damages may be assessed at TxDOT’s discretion as outlined below.

If damages are assessed the vendor may reimburse TxDOT by discount, credit, refund, or wiaved fees as applicable and outlined in the service requirements or Pricing Schedule.

13.1. LIQUIDATED DAMAGES (LD): In the event vendor fails to meet the specified requirements and expectations of the contract, TxDOT may at its discretion charge LDs for the following scenarios. After being notified by TxDOT in writing, any requirement and/or expectation more than five (5) business days late may be grounds for liquidated damages. Delays in submitting requirements caused by reason outside vendor's control are not subject to liquidated damages. It shall be the responsibility of the vendor to prove that such delays outside the vendor's control.

13.1.1. If vendor fails to deliver fuel or late on delivery due to an existing order under a BPO Release, vendor must pay 10% of the BPOR total.

13.1.2. Any additional services or requirements not met on current release; the vendor must pay $500 flat rate plus any additional cost incurred by TxDOT.

This provision is not intended as a penalty, but as liquidated damages.

14. PERSONNEL CONTINUITY AND REPLACEMENT

14.1. The PM must remain available for the entire term of the contract as long as that individual is employed by the vendor.

14.2. TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the PM will require the vendor propose a replacement. Vendor must notify TxDOT within 24 hours after the vendor is made aware of such a situation.

14.3. Proposed replacement personnel must:

14.3.1. Be submitted to TxDOT within 10 calendar day(s) of notification resulting from paragraph 14.1. or 14.2. above.

14.3.2. Meet minimum qualifications and have experience comparable to the person(s) being replaced. Resume(s) and reference(s) may be requested for the proposed replacement(s).

14.3.3. Be provided at no additional cost to TxDOT.

6 - 7

14.3.4. Not begin work on the project without prior written approval from TxDOT.

NOTE: TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel.

15. CONFLICT OF INTEREST: The vendor, vendor’s personnel, and vendor’s subcontractor(s) affirm not to have acquired and agree not to acquire any interest during the term of the contract that would conflict in any manner with the performance of the vendor’s obligations in regards to services authorized.

16. ADDITIONAL INVOICING INSTRUCTIONS: The vendor must:

16.1. Invoice in accordance with Paragraph 4.03 of the Terms and Conditions attached and include the additional information listed below:

16.1.1. Time of service.

16.2. Documentation validating the invoice charges must be emailed to the designated TxDOT representative and include, but not be limited to:

16.2.1. Proof of payment from subcontractors or other entities which requires reimbursement from TxDOT contract.

17. PAYMENT REQUIREMENTS: Payment will be based on the following:

17.1. The unit price shall be the Vendor Constant per Gallon and the pricing method provided according to Pricing Schedule.

17.2. LUST and OSLTF must be added under a separate line item on the invoice.

18. TxDOT RESPONSIBILITIES: TxDOT will:

18.1. Provide a contract manager as the point of contact.

18.2. Provide a point of contact.

18.3. Provide BPOR numbers for the order of fuel.

18.4. Provide Federal Excise Tax Exemption Certificate.

19. CONTRACT ADMINISTRATION: Administration of the contract is a joint responsibility of the TxDOT contract administrator and TxDOT purchasing staff. Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

19.1. 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.

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

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

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

7 - 7

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

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

19.2.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide version 3.0.

Rev. 9/28/23

VENDOR QUALIFICATIONS AND EXPERIENCE SCHEDULE

SOLICITATION NO. 601320000061191

Vendor must use this schedule or a reasonable facsimile 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

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 FACSIMILE MUST BE RETURNED WITH THE RESPONSE.

FAILURE TO RETURN THIS PAGE OR A REASONABLE FACSIMILE WILL RESULT IN THE

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

RESULT IN DISQUALIFICATION OF THE RESPONSE.

1 - 1

VENDOR PERSONNEL QUALIFICATIONS, EXPERIENCE AND REFERENCES SCHEDULE

1 – 2

Vendor Name:

The vendor must complete a schedule not to exceed 2 pages for each employee as listed in 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. 6 (SOW).

PERSONNEL QUALIFICATIONS AND REQUIREMENTS

# YRS

EXP.

HOW/WHERE OBTAINED

Number of years’ experience in (mobile fueling):

Specific education, qualifications, training, certifications:

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

VENDOR PERSONNEL QUALIFICATIONS, EXPERIENCE AND REFERENCES SCHEDULE

2 – 2

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 FACSIMILE MUST BE RETURNED WITH THE RESPONSE.

FAILURE TO RETURN THIS PAGE OR A REASONABLE FACSIMILE WILL RESULT IN THE

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

RESULT IN DISQUALIFICATION OF THE RESPONSE.

Revised: September 27, 2023

1 - 1

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-

XXX-XX

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 for goods and/or services [whether a Request for Quote (RFQ), Invitation for Bid (IFB), Request for Offer (RFO) or Request for Proposal (RFP)] offered by the Texas Department of Transportation (TxDOT) (“solicitation”) and any contract issued by TxDOT resulting from the solicitation (“purchase order” or “contract”). The term “response” or “bid” means the proposal, quote, bid, or offer made to TxDOT in response to the solicitation. The term “respondent” or “bidder” means the party who submits the response to the solicitation, including the vendor. The term “vendor” or “contractor” means the party listed as vendor in the contract. Any reference to time in the solicitation or contract shall mean central time.

1.02 STATUTORY AUTHORITY: The solicitation and contract are authorized by Government Code Title 10, Subtitle D (the “Purchasing Act”). The solicitation and contract are subject to all applicable requirements of the Purchasing Act [in particular, Government Code Chapter 2151 (General Provisions), Chapter 2155 (Purchasing: General Rules and Procedures), Chapter 2157 (Purchasing: Purchase of Automated Information Systems), and Chapter 2161 (Historically Underutilized Businesses, “HUBs”)] and those requirements established by rule of the Texas Comptroller of Public Accounts (CPA), Statewide Procurement Division (SPD), as contained in Title 34, Chapter 20, of the Texas Administrative Code (“TAC”), and to other applicable federal and state statutes and rules herein cited. Any references in this contract to the “Government Code” mean the Texas Government Code.

1.03 TITLE VI ASSURANCE: TxDOT, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and 49 C.F.R. Part 21 and 28 CFR §50.3 (for purposes of this section and §6.10 only, the “Acts” and the “Regulations,” respectively), hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Nondiscrimination programs require that federal-aid recipients, sub-recipients, and contractors prevent discrimination and ensure nondiscrimination in all their programs and activities, whether those programs and activities are federally-funded or not.

1.04 ENVIRONMENTAL IMPACT: It is TxDOT’s intent to purchase goods, equipment, and services having the least adverse environmental impact within the constraints of statutory purchasing requirements, departmental need, availability, and sound economic considerations in accordance with 34 TAC §20.306 and 20.307.

1.05 COMPLIANCE WITH LAWS: Vendor must comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting contract performance, including, if applicable, laws and regulations regarding workers’ compensation, minimum and maximum salaries and wages, prompt payment, and licensing. Vendor must maintain all licenses and certifications required by law or by the contract throughout the term of the contract. When required, vendor must furnish TxDOT with satisfactory proof of its compliance.

PART 2. GENERAL INSTRUCTIONS

2.01 SPECIFICATIONS

(a) Respondent must carefully examine the solicitation. Respondent is responsible for securing any additional information from the TxDOT purchaser needed to gain a clear and full understanding of TxDOT’s requirements.

2 – 25

(b) TxDOT will not be bound by any oral statement or representation contrary to the written specifications of the solicitation. Any revision, clarification, or interpretation pertaining to the solicitation will be in writing and issued by TxDOT as an addendum. Any change or interpretation not in an addendum will not legally bind TxDOT. Any addendum must be issued through TxDOT’s Procurement Division.

(c) The goods furnished or services performed shall be in accordance with the specifications set forth in the solicitation and with these Terms and Conditions. TxDOT will provide clarification of the specifications and determine the quality and acceptability of goods furnished or work performed.

If the solicitation is for a service, TxDOT will determine the manner of performance, the rate of progress of the work, and whether vendor’s performance of the service is acceptable.

(d) Any catalog, brand name, or manufacturer’s reference used in the solicitation is descriptive only (not restrictive) and is used to indicate type and quality desired. Responses on brands of like nature and quality will be considered unless advertised as proprietary or sole source under Government Code §2155.067. Respondent must show manufacturer, brand or trade name, and other description of the product offered in response to the solicitation. If offer is for other than example(s) shown in the solicitation, include illustration(s) and complete description(s) of product(s) in the response to the solicitation. If respondent takes no exception to specifications or reference data in the response, vendor will be required to furnish brand names, numbers, etc., as specified.

(e) Unless otherwise specified, all goods offered must be new and in first-class condition, including shipping and storage containers. Verbal agreements to the contrary will not be recognized.

(f) Manufacturer’s standard warranty must apply unless otherwise stated in this solicitation.

(g) All electrical items must meet all applicable OSHA standards and regulations and bear the appropriate listing from UL, FMRC, or NEMA.

(h) Any iron or steel product produced through a manufacturing process and used in the project must be produced in the United States, to the extent required by Government Code Chapter 2252, Subchapter F. That Subchapter generally applies to contracts to (A) construct, remodel, or alter a building, a structure, or infrastructure; (B) supply a material for a project described by subsection (A); or (C) finance, refinance, or provide money from funds administered by a governmental entity for a project described by subsection (A).

2.02 RESPONSE SUBMISSIONS

(a) Response must be submitted as noted in the solicitation.

(b) Response must be time stamped in TxDOT’s mail room or hand-delivered to the address on the solicitation before the hour and date specified for the solicitation opening. Late responses will not be considered under any circumstances and will be returned unopened to respondent.

(c) Documentation provided with the response should be complete and comprehensive. TxDOT will not be responsible for locating or securing information not included in the response. Failure to furnish required documentation with the response may result in the response being deemed incomplete and non-responsive, resulting in rejection. TxDOT will not be responsible for any expenses relating to responses or development of documentation that may result from this solicitation.

(d) Failure to sign the solicitation will disqualify the response. The person signing the response must have authorization to contractually bind the company. The solicitation response must include an Employer Identification Number (EIN) and full firm name and address. The EIN should be entered in the space provided on the solicitation.

(e) Facsimile (Fax) responses will not be considered unless otherwise stated in the solicitation. Fax responses must be received before the hour and date specified for the solicitation opening.

TxDOT will not be responsible for failure of electronic equipment or operator error. Responses that are late, illegible, incomplete, or otherwise non-responsive will not be considered.

3 – 25

(f) Email responses may be accepted if stated on the solicitation. Email responses must be received before the hour and date specified for the solicitation opening and be in Portable Document Format (PDF) (except for pricing schedules, which must be submitted in Excel format using the pricing spreadsheet developed by the department). All attached documents together must not exceed a total of 20 MB, must be signed by respondent, and be attached to the email to be considered for award. TxDOT will not be responsible for failure of electronic equipment, operator error, or system delays or outages. Responses that are late, illegible, incomplete, file-corrupted, flagged as a virus, or otherwise non-responsive will not be considered.

(g) RESPONDENT EXCEPTIONS OR CONDITIONED RESPONSES: Exceptions taken by respondent to TxDOT’s Terms and Conditions, or respondent’s Terms and Conditions attached to a response, will not be considered unless specifically referred to and clearly identified as such within the response, including, without limitations, exceptions related to software maintenance and usage or equipment maintenance services. TxDOT may reject a response that takes exception to TxDOT’s Terms and Conditions.

(h) TxDOT reserves the right to accept or reject all or any part of any response, waive minor technicalities, and make an award to best serve the interests of the state. TxDOT reserves the right to reject any response not prepared and submitted in accordance with the solicitation requirements.

(i) Response should indicate number of days required to deliver goods, or begin service (if required), at TxDOT’s designated location. Failure to indicate delivery time obligates vendor to complete delivery in fourteen (14) calendar days.

(j) Samples, when requested, must be furnished at no cost to TxDOT. TxDOT may perform tests on samples. If not destroyed in testing, samples will be returned upon request at respondent’s expense. Each sample must be marked with respondent’s name and address and TxDOT solicitation number. Samples must not be enclosed or attached to a response unless specified in the solicitation.

(k) The response, including price, is irrevocable for 120 calendar days following the hour and date specified for the solicitation opening. TxDOT may extend this period with respondent’s written agreement.

2.03 PRICING

(a) TxDOT’s automated purchasing system requires pricing to be submitted per unit and extended by multiplying the submitted price by the quantity. Unit prices govern in the event of extension errors. If a trade discount is offered on the solicitation response, it should be deducted, and net line extensions should be shown.

(b) All purchases are on a firm, fixed price basis unless otherwise stated in the solicitation.

(c) Vendor must not increase price(s) during the term of the contract unless otherwise stated in the contract. Vendor must give price reductions to TxDOT that result from reduced cost to vendor during the term of the contract.

(d) All prices must be F.O.B. destination, freight prepaid and allowed. This means vendor must prepay the freight charges and include them in the unit price.

(e) Purchases made for state use are exempt from state and local sales tax and federal excise tax.

Do not include tax in response pricing unless otherwise specified in the solicitation. State Sales Tax and Federal Excise Tax Exemption Certificates will be furnished by TxDOT on request.

(f) The contract may contain a “Total Cost Not to Exceed” statement. Vendor must not perform any work that may exceed either the contract total or the not-to-exceed total without prior written authorization from TxDOT.

(g) Consistent and continued tie response pricing may lead to rejection of the responses by TxDOT and investigation for antitrust violations.

4 – 25

2.04 ADA CONSIDERATIONS AND NOTIFICATION: Persons with special needs or disabilities who plan to attend any pre-response conference or bid opening and who require auxiliary aids or service should contact the purchaser noted on the solicitation as the point-of-contact a minimum of three (3) business days prior to the meeting so arrangements can be made.

2.05 RESPONSE OPENINGS AND DISCLOSURE OF INFORMATION

(a) At the time of opening for RFOs or RFPs, only the names of respondents will be announced.

Prices will not be disclosed.

(b) At the time of opening for RFQs and IFBs, names of respondents will be announced, and pricing disclosed.

(c) Information submitted in an accepted response will not be returned to respondent. Government Code Chapter 552 (the “Public Information Act”) allows the public to have access to information in the possession of a governmental body through an open records request. Therefore, respondent must clearly identify in the response any confidential or proprietary information. Proprietary information identified by respondent in the response will be kept confidential by TxDOT to the extent permitted by state law. TxDOT will use best efforts to give respondent or vendor an opportunity to present to the Office of the Attorney General its arguments for non-disclosure of its identified confidential or proprietary information.

2.06 ALTERATIONS OR WITHDRAWAL OF RESPONSES

(a) Any alterations to a response made before the opening date and time must be initialed by respondent or authorized agent. Response cannot be altered or amended after the opening date and time.

(b) A response may be withdrawn if requested in writing prior to the opening or closing date and time.

A response may be withdrawn from consideration after the opening date only with the approval of TxDOT based on respondent’s written, acceptable reason. The response will not be considered for award but will be retained by TxDOT according to the response information confidentiality provision referenced in §2.05 (c).

2.07 DETERMINING AWARD: A response to a solicitation is an offer to contract with TxDOT based upon the terms, conditions, and specifications contained in the solicitation. Responses do not become contracts unless and until they are accepted through an authorized TxDOT designee by issuance of a contract. In determining the best value for the state, the purchase price and whether the goods or services meet specifications are the most important considerations, unless otherwise stated in the solicitation.

(a) BEST VALUE CRITERIA FOR PURCHASE OF GOODS OR SERVICES: When specified in the solicitation, the factors listed in Government Code §2155.074 will be considered in making a best value award. This section allows TxDOT to apply best value criteria to obtain goods and services that provide the best value for TxDOT. Under these guidelines, a respondent is not automatically awarded a contract if they submit the lowest bid response. TxDOT will be the sole judge as to which response is the most advantageous and in the best interest of TxDOT.

Factors, other than price, that may be considered in making an award:

(1) Installation costs.

(2) Life cycle costs.

(3) Quality and reliability of goods and services.

(4) Delivery terms.

(5) Indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support.

(6) Cost of any employee training associated with a purchase.

5 – 25

(7) The effect of a purchase on agency productivity.

(8) The impact of a purchase on the agency's administrative resources.

(9) Other factors relevant to determining best value for the state set forth in the solicitation.

(b) ADDITIONAL BEST VALUE CRITERIA FOR RFO PURCHASES: As provided in Government Code §2157.003, additional best value criteria will be used on all information technology equipment or service purchases including but not limited to:

(1) Purchase price.

(2) Compatibility to facilitate exchange of existing data.

(3) Capacity for expansion and upgrading to more advanced levels of technology.

(4) Quantitative reliability factors.

(5) Level of training required to bring end-users to a stated level of proficiency.

(6) Technical support requirements for maintenance of data across a network platform and management of the network’s hardware and software.

(7) Items, features, etc., which are in addition to requirements listed, as well as factors which, in TxDOT’s opinion, add value to the product or service but are not specifically required within the solicitation.

(c) NEGOTIATIONS FOR RFO AND RFP PURCHASES: TxDOT reserves the right to conduct formal negotiations with respondent(s) judged to have the best offer pertaining to price, goods, services, and terms.

(d) TxDOT reserves the right to reject a response from a respondent whose goods or services to TxDOT or other state agencies have been documented as unsatisfactory in providing the same goods or services.

(e) TIE RESPONSES: In case of tie responses, one or more preferences described in Government Code Chapter 2155 and 34 TAC §20.306 will be used to make an award. Tie responses which cannot be resolved by application of one or more preferences will be made by drawing lots.

2.08 PREFERENCES: A respondent may claim a preference under 34 TAC §20.306. To claim a preference, a respondent must identify the preference on the solicitation or on the response to the solicitation. If the appropriate area on the solicitation or response is not marked, a preference will not be granted unless other documents included in the response show a right to the preference.

2.09 DELIVERY: No substitutions or cancellations will be permitted without written approval from TxDOT.

Approval must be issued in the form of a purchase order change notice issued by TxDOT’s Procurement Division.

(a) If delay is foreseen, vendor must promptly give written notice to TxDOT. TxDOT has the right to extend delivery or service date if reasons appear valid. Vendor must keep TxDOT advised at all times of the status of the order.