ESBD_File_348033_24-Transit-B-0004 Invitation for Bid Document.pdf

INVITATION FOR BIDS (IFB)

FOR

FULL SIZE ¾ TON PICKUP TRUCK

CVCOG Program: Concho Valley Transit

Solicitation Number: 24-Transit-B-0004

PROCUREMENT CONTACTS

PRIMARY SECONDARY

Jaylon Seales Crystal Garcia

Contract & Open Records Manager Procurement Lead jaylon.seales@cvcog.org crystal.garcia@cvcog.org

325-944-9666 ext. 282 325-944-9666 ext. 227

SOLICITATION TIMELINE

EVENT DATE

CVCOG Date of Solicitation Issuance: January 22nd, 2024

Pre-Bid Conference: No Pre-Bid Conference

Due Date for Written Questions: February 2nd, 2024; 5:00PM CST

Anticipated Posting of Agency’s Written Answers: February 6th, 2024

Deadline for Submission of Bids: February 23rd, 2024; 4:30PM CST

CVCOG Opening of Bids: February 23rd, 2024; 4:30PM CST

CVCOG Admin Review of Bids: February 26th – 27th, 2024

CVCOG Anticipated Notice of Intent to Award: February 28th – February 29th, 2024

Board Review and Decision Date: March 13th, 2024

Anticipated Commencement of Services: March – April 2024

Submission Format: One (1) original and one (1) combined PDF copy on a USB flash drive.

mailto:jaylon.seales@cvcog.org mailto:crystal.garcia@cvcog.org

Table of Contents

LEGAL NOTICE

SIGNATURE PAGE

SECTION 1: AGENCY INFORMATION AND INTRODUCTION

SECTION 2: SCOPE OF WORK AND SPECIFICATIONS

1. Specifications of Goods and/or Services to be Provided

2. Delivery Information

2.1. Delivery Location

2.2. Shipping Costs

3. Inspection and Acceptance

SECTION 3: BIDDER ELIGIBILITY REQUIREMENTS

1. Eligible Contractors

2. State Debarment and Exclusion

3. Federal Debarment and Exclusion

4. Unique Entity Identifier and System for Award Management (SAM)

5. Responsive Bidders

6. Responsible Bidders

SECTION 4: INSTRUCTIONS TO BIDDERS

1. Specifications

2. Information Required

3. Preparation of Bids

4. Pre-Bid Meeting

5. Communications With Bidders

6. Questions, Clarifications, and Explanations to Bidders

7. Bid Submission Requirements

8. Required Method of Submission and Packaging Information

9. Late Submission, Modification, and Withdrawal of Bid

10. Bid Opening

11. Basis for Award of Contract

12. Posting of Recommendation for Award

13. Non-Response to IFB

SECTION 5: SOLICITATION SPECIFIC PROVISIONS

1. Reservation of Rights

2. Public Information and Rights to Submitted Materials

3. Statement of Qualification

4. Clarification of Bids

5. Multiple Awards

6. Exclusionary and Discriminatory Specifications

7. Geographic Preference

8. Cost or Price Analysis

9. Additional Quantities

10. Errors and Administrative Corrections

11. Protests, Disputes, and Appeals

12. Interpretation of Specifications

13. Brand Name or Equivalent

14. Price Complete

15. Taxes and Interest

16. Compliance with IFB Terms and Attachments

17. Terms and Conditions Attached to Response

18. False Statements in Bids

19. Collusion

20. Bid Validity

21. Texas Bidder Affirmation

22. Disclosure of Interested Parties

23. Costs

24. Samples

SECTION 6: RESULTING CONTRACT INFORMATION

1. Type of Contract

2. Anticipated Term of Agreement

3. Contract Execution

4. Contract Administration

5. Contract Termination

5.1. Termination for Cause

5.2. Termination for Convenience

5.3. Termination for Non-Appropriation

5.4. Opportunity to Cure

SECTION 7: SPECIAL CONTRACTUAL TERMS AND CONDITIONS

1. Warranty and Guarantee

2. Invoicing Terms

2.1. Invoicing General Information

2.2. Invoice Submission Schedule

3. Payment Terms

3.1. Advance Payment Prohibited

3.2. Travel Reimbursement

SECTION 8: GENERAL CONTRACTUAL TERMS AND CONDITIONS

1. CVCOG Terms and Conditions

2. Electronic Signatures

SECTION 9: REQUIRED FORMS, CERTIFICATIONS, AND ASSURANCES

GENERAL: BASE BID FORM

ADDENDA ACKNOWLEDGEMENT CERTIFICATION

DEBARMENT AND SUSPENSION CERTIFICATION

CERTIFICATION REGARDING LOBBYING

CERTIFICATION OF NON-COLLUSION

CERTIFICATION CONCERNING CONFLICTS OF INTEREST AND NONCOMPETITIVE

PRACTICES

TAX LIABILITY CERTIFICATION

PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION

NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION 32

CERTIFICATION OF HUB PARTICIPATION

DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOOD FAITH EFFORT

CERTIFICATION

CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION

SECTION 10: SOLICITATION EXHIBITS

LEGAL NOTICE

INVITATION FOR BID: 24-Transit-B-0004

Notice is hereby given that Concho Valley Council of Governments (CVCOG) is receiving bids for the following procurement until 4:30PM (CST) 02/23/2024, for the following:

PURCHASE OF ONE (1) FULL SIZE ¾ TON PICKUP TRUCK

All terms and conditions included hereafter are part of this bid request. Any bid failing to comply with all of these terms and conditions may not be accepted. Rights are reserved to reject any and all bids and to waive any and all technicalities.

Bid Package, specifications and drawings are available at Concho Valley Council of Governments

(CVCOG), 5430 Link Rd. San Angelo, TX 76904, https://www.cvcog.org. Further information may be obtained from Jaylon Seales, Contract & Open Records Manager at jaylon.seales@cvcog.org. Bidders are hereby notified that this is the only authorized source of bid documents in order to ensure an accurate record of Bidders for addenda notification purposes.

Due to the requirement of sealed bidding, facsimile or emailed bids will not be acceptable as valid bid responses.

All Bidders will be required to certify they are not on the Texas Comptroller and Texas Department of

Transportation consolidated list of ineligible Bidders. Manufacturers appearing on said list will be considered ineligible.

Any interpretation, correction or change of the bid documents will be made by addendum. Interpretations, corrections, or changes made in any other manner will not be binding. Addenda will be posted publicly to https://www.cvcog.org.

Price, quality, specifications and time of guaranteed delivery will be the determining factors in the award of the bid. Award will be made to the supplier offering the best total value to CVCOG. Any award on the basis of this bid will be contingent upon approval by the CVCOG or CVTD Board of Directors and the terms of the contract to be negotiated with the successful bidder. The award is based contingent upon available budget.

Jaylon Seales

Contract & Open Records Manager

Concho Valley Council of Governments jaylon.seales@cvcog.org https://www.cvcog.org/ mailto:jaylon.seales@cvcog.org https://www.cvcog.org/

SIGNATURE PAGE

**MUST BE COMPLETED AND SUBMITTED WITH BID PACKET**

Submission of a bid will constitute acknowledgement and acceptance of all the terms and conditions contained in this Solicitation. Bidders, their authorized representative, and their agents are responsible for obtaining, and will be deemed to have, full knowledge of the conditions, requirements, and specifications of this Solicitation at the time a bid is submitted to Concho Valley Council of Governments.

Submission must be signed by a duly authorized representative(s) of the respondent, which must be the actual legal entity that will perform the contract if awarded.

Bids will be good for ninety (90) calendar days from the bid submission due date.

Respondent is REQUIRED to sign this Signature Page and return with the submitted response. An unsigned Submission will be deemed non-responsive.

Legal Name of Entity/Individual:

Doing Business As (DBA) Name:

Company Mailing and Billing Address (if different from company address):

City, State, Zip Code:

Tax ID Number (EIN):

DUNS Number (if applicable):

Unique Entity ID (SAM.gov) REQUIRED (See Section 3.4)

Contact Person: Phone Number:

Email Address:

Authorized Signature personnel authorized to bind Respondent company to any contract/purchase order that may result from this Solicitation

Authorized Signature: Date:

Printed Name: Title:

Email Address:

All clarifications to this Solicitation will be in writing and identified as a Letter of Clarification. Verbal communications and other written documents intended to clarify and interpret will not legally bind the

Concho Valley Council of Governments. Only information supplied by a written addenda and posted to the CVCOG website should be used in preparing submissions. Any addenda will be posted on the

CVCOG website http://www.cvcog.org/cvcog/solicitations_procurement.html as soon as available.

CVCOG does not assume responsibility for the receipt of any addenda by Respondent(s). Respondents must frequently check the CVCOG website for updates.

http://www.cvcog.org/cvcog/solicitations_procurement.html

SECTION 1: AGENCY INFORMATION AND INTRODUCTION

The Concho Valley Council of Governments, hereinafter referred to as “CVCOG”, is a voluntary organization of local governments organized in 1967 under authority granted by the Texas Legislature in

1965 (Chapter 391, Local Government Code). Under provisions of the law, Councils of Governments are political subdivisions of the state, but they are not governments because they have no authority to make laws, levy taxes, or exercise police powers. Councils of Governments are specifically authorized to:

• conduct planning

• assist local governments in implementing plans

• provide technical assistance, grant writing and grant administration services

• contract with local, state and federal governments and other public and private agencies

• review and comment on applications for federal and state grants-in-aid and solid waste permits

• assist local governments in solving governmental problems

The Concho Valley Council of Governments is one of 24 regional councils in Texas. The geographic boundaries of the councils must coincide with the state’s planning regions as designated by the Governor.

Membership in Texas’ Councils of Governments includes almost 2,000 local governments and all of the state’s 254 counties.

Policy decisions for the Council are made by its Executive Committee composed of a representative chosen by the local government members of each county, a member of the board of the largest school district, a member representing the region’s largest city, and two members of the Texas legislature whose districts lie partially or wholly within the region.

One of the main goals of CVCOG is to foster a cooperative effort in resolving problems, policies, and plans that are common and regional. Included in CVCOG are the following programs:

• 2-1-1 Texas

• Aging and Disability Resource Center

• Area Agency on Aging

• Concho Valley Council of Governments Administration

• Concho Valley Transit District

• Criminal Justice

• Concho Valley Economic Development District

• Foster Grandparents

• Head Start and Early Head Start

• Homeland Security

• Concho Valley Regional Law Enforcement Academy

• Regional 9-1-1

• Regional Services

• RSVP

• Senior Companion

• Solid Waste

• VISTA

SECTION 2: SCOPE OF WORK AND SPECIFICATIONS

1. Specifications of Goods and/or Services to be Provided

Model: Full Size ¾ Ton Pickup Truck

Year Model: 2022-Current Year Model

Condition: New

Cab: Crew Cab – 4D

Bed Length: Standard

Exterior Color: Black Preferred, or White

Fuel Type: Gasoline

Drive: 4x4

Transmission: Automatic w/ overdrive

Steering: Power Steering, adjustable tilt-wheel

Brake System: Power disc brakes on all wheels; with Anit-lock Braking System

Restraint System: Front driver and front passenger air bags required

Tires: Manufacturer’s standard tire. All primary tires and wheels shall be identical (i.e., no cross brands or models). Each vehicle shall be equipped with a full-size spare tire. Spare tire may be mounted on a traditional steel wheel. All tires and wheels shall be properly balanced.

Air Conditioning: Manufacturer’s standard factory installed air conditioner

Floors: Weatherproof Floor Mats Front and Back Preferred

Seats: Leather Preferred, or Vinyl

Interior Color: Darker Tones Preferred - Black or Gray

Interior Other: AM/FM Stereo radio, power door locks, power windows, cruise control

Remote Start: Yes

Keys: 2 key fobs at time of delivery (all keys must start vehicle at time of delivery)

Toolbox: Aluminum Crossbed Toolbox – Black

Bedliner: Spray-In

Tint: Preferred 25%, Texas legal

Towing: Tow Package Preferred

License Plate Brackets:

Vehicle to be equipped with front and rear license plate bracket

Trailer Hitch: Yes

Grille Guard: Yes

Rearview Camera: Preferred

Reverse Sensing: Yes

Running Boards: Yes, Full Length

2. Delivery Information

2.1. Delivery Location

Awarded Contractor shall deliver the vehicle to the below location. Delivery date and time shall be scheduled with the Procurement Contact listed on Page 1.

Concho Valley Transit Plaza

510 N. Chadbourne Street

San Angelo, TX 76903

2.2. Shipping Costs

There shall be no delivery or shipping fees for this purchase.

3. Inspection and Acceptance

The Contractor shall only tender for acceptance those items that conform to the requirements of this

Contract. The Concho Valley Council of Governments (CVCOG) reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The CVCOG may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. The CVCOG must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

SECTION 3: BIDDER ELIGIBILITY REQUIREMENTS

1. Eligible Contractors

Only individuals or firms from lawfully formed business organizations may apply. CVCOG will contract only with the individual and/or firm that submits a responding bid and is not on hold with the

Texas and/or Federal Government. Individuals and/or firms will be on contract and will not be considered an employee of CVCOG nor will the firm and/or individual be eligible for any benefits provided by CVCOG.

2. State Debarment and Exclusion

Bidder must certify that neither the Bidder nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in this procurement by any

State of Texas department or agency. Where Bidder is unable to certify to any of the statements in the certification, Bidder must include an explanation with their bid submission. Debarment, pending debarment, declared ineligibility or voluntary exclusion from participation by any State of Texas department or agency may result in the bid being deemed non-responsible. Signing and submitting a bid for this Solicitation is so certifying.

3. Federal Debarment and Exclusion

Contractor shall certify that neither Bidder nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any

Federal department or agency. Where Bidder is unable to certify to any of the statements in the certification, Bidder must include an explanation with their bid submission. Debarment, pending debarment, declared ineligibility or voluntary exclusion from participation by any Federal department or agency may result in the bid being deemed non-responsible. Signing and submitting a bid for this

Solicitation is so certifying.

4. Unique Entity Identifier and System for Award Management (SAM)

**Successful Bidder must be registered to do business with the U.S. Government through www.sam.gov prior to award of Contract. **

If not already registered, Bidders shall register their entity to do business with the U.S. federal government by completing the entity registration process at SAM.gov. Active registration in

SAM.gov provides your entity the ability to apply for federal grants or loans or bid on government contracts.

The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

5. Responsive Bidders

In order for a Bidder to be eligible for award of the Contract, the bid must be responsive to the

Solicitation; and CVCOG must be able to determine that the Bidder is responsible for fulfilling the

Contract in a satisfactory manner.

Responsive bids are those that comply with all material aspects of the Solicitation. Bids which do not comply with all the requirements of the Solicitation will be rejected and deemed non-responsive.

6. Responsible Bidders

Responsible Bidders must:

1. Have adequate financial resources or the ability to obtain such resources as required during the performance of the Contract;

2. Have a satisfactory record of past performance;

3. Have necessary management and technical capability to perform;

4. Be qualified as an established firm regularly engaged in the type of business to perform the

Contract required by this Invitation for Bids;

5. Be otherwise qualified and eligible to receive an award under applicable federal, state, county, or municipal laws and regulations; and

6. Certify that it is not on the U.S. Comptroller General’s list of ineligible Contractors – signing and submitting a bid for this Solicitation is so certifying.

7. Certify that it is not on the Texas Comptroller’s list of ineligible Contractors – signing and submitting a bid for this Solicitation is so certifying.

SECTION 4: INSTRUCTIONS TO BIDDERS

1. Specifications

Bidders are expected to examine the specifications, standard provisions, and all instructions. Failure to do so will be at the Bidders risk. Bids that are submitted on other than authorized forms or with different terms or provisions may not be considered as responsive.

If applicable, before submitting a Bid, Bidders shall visit the site of the proposed work and shall fully inform themselves of all conditions in and about the work site, the building or buildings, if any, and any work that may have been done thereon. However, no Bidder shall visit the site without prior authorization by CVCOG. Questions will not be answered during any site visit. Instead, questions resulting from the site visit must be submitted in writing.

All interpretations of the specifications shall be made on the basis of the following statement: The apparent silence of the specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used.

2. Information Required

Each Bidder shall furnish the information required by the Solicitation. Bidders shall sign the statement submittal. Erasures or other changes must be initialed by the person signing the documents.

Bids or statements signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to CVCOG.

Only signed, written Bids specifically accepting responsibility for meeting the objectives and requirements specified in the Solicitation will be considered. The cover letter must bear the signature of a person duly authorized to legally commit for the Bidder.

3. Preparation of Bids

For each item offered, bidders shall (1) show the unit price, including, unless otherwise specified, packaging, packing, and preservation and (2) enter the extended price for the quantity of each item offered in the "Amount" column of the Schedule. In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

Bids for supplies or services other than those specified will not be considered unless authorized by the solicitation.

Bidders must state a definite time for delivery of supplies or for performance of services, unless otherwise specified in the solicitation.

Time, if stated as a number of days, will include Saturdays, Sundays, and holidays.

4. Pre-Bid Meeting

A Pre-Bid Meeting will not be held for this specific acquisition. All questions should be submitted in writing per the instructions in Section 4.6 Questions, Clarifications, and Explanations to Bidders.

5. Communications With Bidders

All communication should be made only through the CVCOG Procurement Department contacts listed on Page 1. The secondary P.O.C. must only be used after reasonable attempts to contact the primary P.O.C. have failed. Except as provided in this solicitation and as otherwise necessary for the conduct of ongoing CVCOG business operations, bidders are expressly and absolutely prohibited from engaging in communications with CVCOG personnel who are involved in any manner in the review and/or evaluation of the proposals, selection of a respondent, and/or negotiation or formalization of a contract. Failure to follow the guidelines set forth in this solicitation regarding vendor communication could result in bid rejection.

6. Questions, Clarifications, and Explanations to Bidders

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

All contractors are encouraged to send any questions in writing to the Procurement Contacts listed on

Page 1 before the Due Date for Written Questions. Answers and any supplemental materials pertaining to submitted questions will be posted to CVCOG website (www.cvcog.org) in the form of addenda addressing each submitted question. Questions and answers will be posted to the CVCOG website as soon as available. The names of respondents who submit questions will not be disclosed.

7. Bid Submission Requirements

Bids shall adhere to the following format and contain the following items in the order outlined below.

Utilize the Bid Requirements Checklist to ensure submission of all required items.

1. Signature Page (Page 6 of Solicitation).

2. Bid Form.

3. Vehicle Specifications.

4. Warranty Information.

5. Estimated Delivery Date.

6. All executed attachments, certifications and assurances.

8. Required Method of Submission and Packaging Information

Bids and bid modifications shall be submitted in sealed envelopes or packages. Bidders shall submit sealed bids by providing two (2) printed copies and one (1) combined PDF copy on a USB flash drive. Bidders using commercial carrier services must ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed below:

SOLICITATION #: 24-Transit-B-0004

Concho Valley Council of Governments

Attention: Jaylon Seales

Contract & Open Records Manager

Procurement Department

5430 Link Road

San Angelo, TX 76904

The exterior of the packaging/envelope must also indicate the bidding company or bidder’s name.

Any bids which are mislabeled or do not indicate the Bidder’s name or address as required above may be opened by CVCOG solely for the purpose of identifying the Bidder for return of the bid packet.

All bids must be submitted in sufficient time to be received and time-stamped at the above location on or before the published bid date and time shown on the Solicitation. Any bid received after the published time and date cannot be considered.

Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.

9. Late Submission, Modification, and Withdrawal of Bid

Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the

CVCOG Procurement Department by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time.

Any bid, modification, or withdrawal received by CVCOG after the exact time specified for receipt of bids is "late" and will not be considered. However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the CVCOG installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of CVCOG personnel.

If an emergency or unanticipated event interrupt normal CVCOG processes so that bids cannot be received at the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Bidders may withdraw bids only by written request received by the Procurement Department before the Bid Submittal Deadline. After that time, Bidders may not withdraw their bids for a period of ninety (90) days from the Bid Submittal Deadline. At no time may the successful Bidder(s) withdraw their bid.

10. Bid Opening

All bids shall be opened and announced publicly as received by CVCOG as soon after the deadline for bid submission has passed and is reasonably practicable. Information submitted in response to the

Invitation for Bids shall not be released by CVCOG during the process of or prior to the Contract award. Bidders are advised that CVCOG may be required to release certain information, other than trade secrets, after Contract award.

Bids will be opened at the location and on the date/time indicated below:

DATE: February 23rd, 2024

TIME: 4:30PM-5:00PM

LOCATION: 5430 Link Rd. San Angelo, TX 76904; Admin Conference Room S135.

Attendance is optional.

11. Basis for Award of Contract

CVCOG intends to award a contract resulting from this Solicitation to the lowest responsive and responsible Bidder determined by CVCOG.

12. Posting of Recommendation for Award

The recommended award will be posted publicly to the Concho Valley Council of Governments website (www.cvcog.org). Award of contract will be contingent upon final approval from the

CVCOG or CVTD Board of Directors.

13. Non-Response to IFB

To help us improve the quality of our solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email the Procurement Contacts listed on Page 1 and advise the reason.

SECTION 5: SOLICITATION SPECIFIC PROVISIONS

1. Reservation of Rights

CVCOG expressly reserves the right to –

a. Cancel this Solicitation at any time before the date and time established for bid submission;

b. Reject any or all bids;

c. Accept other than the lowest bid;

d. Waive informalities or minor irregularities in bids received;

e. Extend the Invitation for Bids due date;

f. Reissue the Invitation for Bids;

g. Procure any item or service by other means;

h. Retain all bids submitted. The selection or rejection of a bid does not affect this right; and

i. If applicable, CVCOG reserves the right to negotiate a Contract with the Bidder having the best price/cost as determined by CVCOG. No award will be made automatically based upon the lowest price or based solely on the bids submitted. CVCOG additionally reserved the right to suspend negotiations with the first Offeror should it not progress in a manner satisfactory to CVCOG and commence negotiations with the next best rated Bidder.

Furthermore, CVCOG may accept any item or group of items of a bid, unless the bidder qualifies the bid by specific limitations. Unless otherwise provided in the Schedule, bids may be submitted for quantities less than those specified. CVCOG reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the bidder specifies otherwise in the bid.

A written award or acceptance of a bid mailed or otherwise furnished to the successful bidder within the time for acceptance specified in the bid shall result in a binding contract without further action by either party.

CVCOG may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to CVCOG even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

http://www.cvcog.org/

2. Public Information and Rights to Submitted Materials

All information, documentation, and other materials submitted in response to this Solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the

Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. The awarded contractor strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of solicitation information.

The CVCOG will keep confidential any trade secrets and/or proprietary information which the Bidder does not wish to be disclosed. For such information, the Bidder must mark each page in boldface at the top and bottom as “CONFIDENTIAL/PROPRIETARY INFORMATION”. Cost information shall not be deemed confidential.

CVCOG shall not be liable for disclosure of any proprietary information that is not clearly identified as such in the Bid.

3. Statement of Qualification

CVCOG reserves the right to award a contract to the low Bidder it deems responsive and responsible.

The Bidder may be required, upon request, to prove to the satisfaction of CVCOG that the Bidder has the skill and experience and the necessary facilities and financial resources to fulfil the contract in a responsible and satisfactory manner.

4. Clarification of Bids

CVCOG reserves the right to clarify any point in a bid or obtain additional information to evaluate a particular bid submission. Failure of a Bidder to respond to such a request for further information or clarification may result in that bids’ rejection.

5. Multiple Awards

CVCOG reserves the right, in its sole discretion, after evaluation of all responsive bids, proposals or qualification statements to award the work described herein to more than one responsive bidder, proposer or respondent. In such cases where an award is made to more than one responsive bidder, proposer or responder, CVCOG shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider’s designation as primary, secondary or alternate.

6. Exclusionary and Discriminatory Specifications

CVCOG agrees that it will comply with the requirements of 49 U.S.C. Section 5323(h) (2) refraining from using any Federal assistance awarded by the FTA to support procurements using exclusionary or discriminatory specifications.

7. Geographic Preference

This Procurement shall be conducted in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in evaluation or award of bids or proposals, except where applicable Federal statutes expressly mandate or encourage geographic preference such as A/E contracts under certain circumstances.

8. Cost or Price Analysis

CVCOG reserves the right to conduct a cost or price analysis for any purchase. CVCOG may be required to perform a cost analysis when competition is lacking in any purchase. Sole source procurements which result in a single bid being received will be subject to a cost analysis which will include the appropriate verification of cost data, the evaluation of specific elements of costs, and the projection of data to determine the effect on bid prices. CVCOG may require a Pre-Award Audit, and potential Contractors shall be prepared to submit data relevant to the proposed work, allowing

CVCOG to determine that the proposed price is fair, reasonable, and following Federal, State, and local regulations.

Procurements resulting in a single response will be treated as a negotiated procurement. CVCOG reserves the right to negotiate with the single Respondent to achieve a fair and reasonable price. In the event both parties cannot agree upon a negotiated price, CVCOG reserves the right to reject the single response. Contract change orders or modifications will be subject to a cost analysis.

9. Additional Quantities

CVCOG reserves the right to acquire additional quantities at the prices quoted in this invitation. If additional quantities are not acceptable, the proposal sheets must note: For Specified Quantity Only.

10. Errors and Administrative Corrections

CVCOG will not be responsible for any errors in bids. Bidders will only be allowed to alter bids after the submittal deadline in response to requests for clarifications by CVCOG. CVCOG reserves the right to request an extension of the bid period from a Bidder or Bidders.

CVCOG reserves the right to allow corrections or amendments to be made that are due to minor administrative errors or irregularities, such as errors in typing, transposition, or similar administrative errors. Erasures or other changes or entries made by the bidder must be initialed by the person signing the bid.

11. Protests, Disputes, and Appeals

Prior to submission of an agency protest, all parties shall use their best efforts to resolve concerns raised by an interested party at the contracting officer level through open and frank discussions.

CVCOG Protest Procedures can be found here:

https://www.cvcog.org/cvcog/docs/Procurement/Procurement%20Protests%20and%20Dispute%20Re solution.pdf

12. Interpretation of Specifications

The specifications and/or product references contained herein are intended to be descriptive rather than restrictive. CVCOG is soliciting responses to provide a complete service package which meets its overall requirements. Specific services and collection references may be included in this

Solicitation for guidance, but they are not intended to preclude Respondents from recommending alternative solutions offering comparable or better performance or value. Results of informal meetings or discussions between a potential Respondent and CVCOG official or employee may not be used as a basis for deviations from the requirements contained in this Solicitation. The intent of the specifications is to provide Respondent with sufficient information concerning the Products/Services to be contracted so Respondent can prepare and submit an acceptable Response. The specifications may be detailed or general in nature. Details of construction, materials, or the way in which services https://www.cvcog.org/cvcog/docs/Procurement/Procurement%20Protests%20and%20Dispute%20Resolution.pdf https://www.cvcog.org/cvcog/docs/Procurement/Procurement%20Protests%20and%20Dispute%20Resolution.pdf will be provided, are left to the discretion of the Respondent, provided only that any offering must conform, as a minimum, to best Industry standards and practices and to what is currently being sold in the marketplace. Requirements contained in the Solicitation are not considered to be biased toward any Respondent(s) competing under this Solicitation.

13. Brand Name or Equivalent

Wherever in the specifications any materials or processes are indicated or specified by patent of proprietary name and/or by name of manufacturer, such specifications will be deemed to be used for the purpose of facilitating descriptions of the performance, materials and/or processes desired and must be deemed to be followed by the words, "or equivalent", if not stated in the specifications. The burden of proof will rest with the Respondent, in the course of a technical evaluation, to prove that the proposed item(s) are equivalent to the performance, materials, processes, or articles specified.

Determination as to whether the items(s) bid is/are equivalent to those specified will rest solely with

CVCOG. If a respondent is offering an "or equivalent" item, respondent must list the manufacturer's name and product number of the item offered. If this detail is not provided, it will be assumed respondent is offering the exact item specified. CVCOG’s decision whether an item is an equivalent to the item specified is final.

14. Price Complete

The price quoted shall include all items of labor, material, tools, equipment, and other costs necessary to fully provide the goods and/or services pursuant to the specifications or scope of this Solicitation. It is the intention of the specifications to provide and require complete goods and/or services prescribed.

Anything omitted from the specifications, which is clearly necessary for the use of or operation of the goods and/or services shall be considered to be included within the scope of such goods and/or services although not directly specified or called for in the specifications. No advantage shall be taken by the manufacturer or supplier in the omission of any part or detail, which goes to make the required goods and/or services complete and ready for service or use. All parts shall be new and in no case will used (except for testing), reconditioned or obsolete parts be accepted. CVCOG and the manufacturer/supplier shall mutually agree when it is necessary or desirable to make changes in, additions to or deductions from the work to be performed, or the goods and/or serviced to be furnished, pursuant to the provisions of the contract documents. Any such changes which affect the contract price shall require the approval of CVCOG, in writing, in which the effect on the contract price is specifically set forth. All requests and responses shall be in writing.

15. Taxes and Interest

CVCOG is exempt from paying federal excise taxes or state and local sales and use taxes. Bidders will not include these taxes in their proposed price(s). All other government taxes, duties, fees, licenses, permits, royalties, assessments, and charges shall be included in the proposed price.

CVCOG will not pay interest on unpaid or disputed invoices, whether due or overdue.

16. Compliance with IFB Terms and Attachments

CVCOG intends to award a contract based on the terms, conditions and attachments contained in this

IFB. Bidders are strongly advised not to make any exceptions. Bidders shall submit bids that respond to the requirements of the IFB. An exception is not a response to an IFB requirement.

Bidders are cautioned that exceptions to the terms, conditions, and attachments may result in a rejection of the bid.

17. Terms and Conditions Attached to Response

Any terms and conditions attached to a Response will not be considered unless specifically referred to in the Response.

18. False Statements in Bids

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C.1001.

19. Collusion

The Bidder guarantees that the bid submitted is not a product of collusion with any other bidder, and no effort has been made to fix the bid price of any Bidder or to fix any over-head, profit, or cost element of any proposal price (Certification of Non-Collusion). Failure to submit the signed certification at the time of bid opening shall be grounds for disqualifying the Bidder’s offer.

If CVCOG determines that collusion has occurred among Bidders, none of the bids from the participants in such collusion shall be considered. CVCOG’s determination shall be final.

20. Bid Validity

Bids shall remain valid for the period of Ninety Days (90 Days) after the date of bid opening as prescribed by CVCOG. A bid valid for a shorter period shall be rejected as non-responsive.

21. Texas Bidder Affirmation

Bidder certifies that if a Texas address is shown as the address of the Bidder on its Bid submission, Bidder qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

22. Disclosure of Interested Parties

Bidder represents and warrants that if selected for award of a contract valued at $1 million or more as a result of this Solicitation, Bidder will submit to CVCOG a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code.

23. Costs

CVCOG is not liable for any costs incurred by a bidder or proposer in responding to this Solicitation, including those for presentations, when applicable.

24. Samples

Samples of items, when required, must Be furnished free of expense, on or before IFB due date and time, and if not destroyed by testing may, upon request, be returned at the proposer’s expense. Each individual sample must be labeled with the proposer’s name, manufacturer's brand name and number, IFB number and item reference. Request for return of samples shall be accompanied by instructions which include shipping authorization and name of carrier and must be received with your proposal. If return instructions are not received with the proposal, the commodities shall be disposed of by

CVCOG.

SECTION 6: RESULTING CONTRACT INFORMATION

1. Type of Contract

This is a Fixed Cost contract. Per the desired term of the contract, the pricing submitted by the Bidder shall remain fixed for the initial term of the Agreement. All purchases during the term of the contract are subject to the pricing submitted to CVCOG unless mutually agreed upon in writing.

2. Anticipated Term of Agreement

The contract resulting from this IFB becomes effective upon the date of the last signature ("Effective

Date") and shall remain in effect until the completion of all obligations of both Parties hereto, or five years from the Effective Date, whichever comes first.

3. Contract Execution

Upon administrative review and approval from CVCOG’s Executive Board, CVCOG will prepare and submit a final contract to the awarded Bidder at the address provided in the Solicitation or via email. The awarded Bidder shall execute the contract within 7 days after the receipt of the contract.

4. Contract Administration

The contract resulting from this IFB will be between CVCOG and the Awarded Contractor. The

Contractor is responsible for providing the goods/services described herein. CVCOG is not a party to defining the division of work between the Contractor and its Subcontractors if any, and the

Specifications and/or Scope of Services has not been written with this intent.

The Contractor represents that it has or will obtain all duly licensed and qualified personnel and equipment required to perform hereunder. The Contractor’s performance under this Contract may be monitored and reviewed by CVCOG. Reports and data required to be provided by the Contractor shall be delivered to CVCOG within FIVE (5) business days. Questions by the Contractor regarding the interpretation of the terms, provisions, and requirements of this Contract shall be addressed to

CVCOG for a response.

5. Contract Termination

5.1. Termination for Cause

CVCOG may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the CVCOG, upon request, with adequate assurances of future performance. In the event of termination for cause, the CVCOG shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the CVCOG for any and all rights and remedies provided by law. If it is determined that the CVCOG improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

5.2. Termination for Convenience

CVCOG reserves the right to terminate the contract at any time, in whole or in part, without cost or penalty, by providing thirty (30) calendar days’ advance written notice, if CVCOG determines that such termination is in the best interest of the organization. In the event of such a termination, Contractor must, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination. CVCOG shall be liable for payments limited only to the portion of work CVCOG authorized in writing and which Contractor has completed, delivered to

CVCOG, and which has been accepted by CVCOG. All such work shall have been completed, in accordance with contract requirements, prior to the effective date of termination. CVCOG shall have no other liability, including no liability for any costs associated with the termination.

5.3. Termination for Non-Appropriation

Notwithstanding any contrary provision of this Agreement, each payment obligation of CVCOG or any of its programs created by this Agreement is conditioned upon the availability of funds that are appropriated or allocated for the goods and/or services under this Agreement. If such funds are not allocated, this Agreement may be terminated by CVCOG. CVCOG shall notify

Contractor at the earliest possible time before such termination. No penalty shall accrue to

CVCOG in the event this provision is exercised, and CVCOG shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section.

5.4. Opportunity to Cure

CVCOG, in its sole discretion may, in the case of a termination for breach or default, allow the

Contractor thirty (30) days in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions

If Contractor fails to remedy to CVCOG’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within thirty (30) days after receipt by Contractor of written notice from CVCOG setting forth the nature of said breach or default, CVCOG shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude CVCOG from also pursuing all available remedies against Contractor and its sureties for said breach or default.

SECTION 7: SPECIAL CONTRACTUAL TERMS AND

CONDITIONS

1. Warranty and Guarantee

The Contractor guarantees that all goods, materials, supplies, and/or equipment delivered and installed under the Contract will be made from materials suitable and adequate for the purposes intended and described in the Contract, and in a workmanlike manner in accordance with the best engineering practice, and that such equipment will fully comply with the Contract Drawings, Specifications, and the Contractor’s bid including all performance requirements and representations included in the Contract Drawings, Specifications, or the Contractor’s bid, whether set forth on data sheets, performance curves, or otherwise.

All specialties, equipment and parts supplied by the Contractor shall be the same design and model on all equipment purchased under this Specification. The Contractor shall assume all responsibility for these specialties, parts and equipment whether manufactured by the Contractor or purchased by him/her from another source.

All Contractors will provide the Owner with a written Statement of Warranty to include the Material and Labor to replace any defective parts/components provided under this purchase.

2. Invoicing Terms

2.1. Invoicing General Information

The Contractor shall submit invoices to 5430 Link Rd. San Angelo, TX 76904 OR electronic invoice to procurement-dept@cvcog.org.

Contractors must invoice within THIRTY (30) days of completion of work or as agreed in writing as long as the project or service is ongoing.

An invoice must include:

mailto:procurement-dept@cvcog.org

a. Name and address of the Contractor;

b. Invoice date;

c. Invoice Number;

d. Agreement number, contract line-item number and, if applicable, the order number;

e. Description, quantity, unit of measure, unit price and extended price of the items delivered;

f. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

g. Terms of any prompt payment discount offered;

h. Name and address of official to whom payment is to be sent; and

i. Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903).

2.2. Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

a. For items of work for which there is one-time pricing, those items shall be billed in the month following the acceptance of the goods or services by CVCOG.

3. Payment Terms

Payment shall be made for items accepted by CVCOG that have been delivered to the delivery destinations set forth in this agreement. CVCOG will make payment in accordance with the Prompt

Payment Act (31 U.S.C.3903). In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

3.1.