TEXAS DEPARTMENT OF TRANSPORTATIONftp.dot.state.tx.us/pub/txdot-info/gsd/pdf/tss/tss9610280.pdfThe Texas wildflowers are a source of pride for all Texans and the beautiful wildflower

1 - 14

TEXAS DEPARTMENT OF TRANSPORTATION

GENERAL SERVICES DIVISION

SPECIFICATION NO. TxDOT 961-02-80 DATED: MARCH 2013

HIGHWAY-RELATED SERVICES SPONSORSHIP PROGRAM

PUBLICATION

This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of TxDOT to support other entities by making this specification available through the National Institute of Governmental Purchasing (NIGP). This specification may not be sold for profit or monetary gain. If this specification 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 specification is used in the procurement process by any other entity.

1. SCOPE: This solicitation is for services to provide the administration of sponsorship programs that acknowledges donations supporting various highway-related maintenance and operation activities at no cost to TxDOT. Donations could be in the form of money, services, public benefits or a combination of these. TxDOT requires the vendor’s plan and services to be professional, reliable, innovative, exciting, responsive and specific to or an enhancement to the experience of the traveling public. TxDOT anticipates the vendor will take a percentage of the total sponsorship dollars as compensation for the service, but will consider other compensation options proposed by the respondent (Ref. Schedule 1 – Propose Vendor Expenses Revenue, and Remittance to TxDOT).

1.1. Sponsorship may include, but is not limited to: litter and debris pick-up, mowing, wildflower management, safety rest areas, WI-FI, travel information centers, picnic areas, and toll gantry facilities. TxDOT will consider sponsorship of other highway-related maintenance services.

1.2. The administration of this program shall involve marketing, administering, recruiting and securing sponsors to provide donations to fund highway-related maintenance services.

1.3. TxDOT will consider proposals that include full operation of a sponsor-a-highway program for litter and debris pick up services only. NOTE: TxDOT will provide the highway-related services funded by the donations and supply, install and maintain the signs.

2. DEFINITIONS AND ACRONYMS

2.1. ACKNOWLEDGMENT SIGN – Signs that are intended only to inform the traveling public that a highway-related service has been sponsored by a participating sponsor.

2.2. HIGHWAY-RELATED SERVICE – Service performed on the right-of-way such as grounds maintenance, mowing, litter and debris pick-up.

2.3. PARTICIPATING SPONSOR – An individual, corporation, business, firm, group or association that contributed towards a highway-related service.

2.4. PM – Vendor’s project manager.


2 – 14

2.5. TMUTCD – Texas Manual on Uniform Traffic Control Devices.

2.6. USC – United States Code

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

3.1. Transportation Code, Chapter 201.206, Donations and Contributions

3.2. USC, Title 23, Chapter 1, Subtitle E, Section 1539 – Moving Ahead for Progress in the 21st Century Act

4. BACKGROUND AND CONCEPTS FOR SPONSORSHIP: The Federal Highway Administration (FHWA) released new guidelines on March 13, 2012 allowing the use of sponsorship acknowledgement signs on state right-of-way. The new guidelines allow the use of business logos and emblems that were not originally allowed under the Adopt-a-Highway program. Through the new guidelines, FHWA has determined there is a difference between advertisements and acknowledgement signs. This provides TxDOT the opportunity to acknowledge donations made by business entities through acknowledgement signs. The new guidelines limit the sign to recognition for the donation of a transportation service and prohibit the inclusion of any contact or location information. Following is information regarding TxDOT and some of the highway-related services to be considered for sponsorship programs:

4.1. TxDOT is the state agency charged with the maintenance of 80,000 centerline miles of roadways, 78 safety rest areas, 540 picnic areas and 12 Travel Information Centers (TICs) and 8 toll gantries.

4.2. ROADSIDES: The 80,000 centerline miles of roadway maintained by TxDOT consists of Interstate highways, U.S. highways, state highways, spurs, loops, business routes, farm and ranch to market roads, park roads and frontage roads.

4.3. MOWING

4.3.1. TxDOT’s mowing is limited to no more than three modified full widths cycles per year. Limiting and performing mowing cycles in a timely manner saves the state money and is essential to preserve native wildflowers on Texas rights-of-way.

4.3.2. Sponsors could donate funding to help support mowing and receive roadside signs in acknowledgement for the support.

4.4. LITTER AND DEBRIS PICK UP

4.4.1. TxDOT typically spends millions of dollars on litter pick up and debris pick up annually. The “Don’t Mess With Texas” campaign and the Adopt-a-Highway Volunteer program have significantly reduced these expenditures, but more help from the traveling public is needed.

4.4.2. Sponsors could donate funding to help support litter and debris pick up and receive roadside signs in acknowledgement for the support. Proposals may include management of the litter and debris pick up to include removal and disposal in coordination with TxDOT’s scheduled mowing cycles.


3 – 14

4.5. WILDFLOWER AREAS

4.5.1. TxDOT saw the beauty and importance of native wildflowers on Texas rights-of-way in 1929. Since then, the Vegetation Management Program at TxDOT has been aligned to preserve and propagate wildflowers in the varied regions of the state. This involves timely mowing cycles and a restricted use of chemicals to control undesirable vegetation so that wildflowers can coexist with the established vegetation on the rights-of-way. The Texas wildflowers are a source of pride for all Texans and the beautiful wildflower fields draw tourists from worldwide locations.

4.5.2. Donations made for existing wildflower areas and future wildflower areas would enhance the Texas wildflower landscape. Sponsors would receive roadside signs near the areas being supported.

4.6. SAFETY REST AREAS

4.6.1. TxDOT is concerned about statistics pertaining to fatigue related accidents. TxDOT has new modern safety rest areas that provide a safe place for travelers to take a break from driving and are visited by more than 50,000,000 visitors each year. The architecture for these facilities was designed to favorably represent the area of the state where the rest areas are located. Rest areas have large lobbies with extensive interpretive exhibits that describe the history, industry, flora and fauna of the area. Rest areas also include video kiosks and safety messages for visitors to view while taking a break from driving. This allows visitors to return to the road rested and refreshed. Texas leads the nation with its safety rest area program. There are 78 safety rest areas located throughout the state and half of them are the modern facilities. Each facility is fully accessible to disabled persons. To learn more about these facilities and to see a map with the location, visit http://www.txdot.gov/driver/travel/rest-areas.html.

4.6.2. Sponsors for these facilities may consider roadside sponsorship signs, advertisements within the facility or other innovative ideas such as providing free beverages to visitors.

4.7. WI-FI

4.7.1. Texas was the first state to provide free wireless internet service at the safety rest areas. This was provided as a means to attract business travelers to stop. Internet kiosks provided useful weather and tourism information to help visitors make good decisions while on the road. Websites provided a means to attract advertising revenue. The WI-FI service was discontinued last year as a cost saving strategy. However, the WI-FI equipment is owned by TxDOT and is still in place.

4.7.2. Sponsors may consider other uses for WI-FI at the rest areas. Various types of Internet kiosks or digital displays to provide useful weather travel and tourism information to help visitors make good decisions while on the road would be appreciated by travelers. Websites could provide a means to attract advertising revenue. A statewide connected internet based network along Texas’ major travel corridors capable of delivering and receiving real time information may be useful and profitable to potential sponsors.

http://www.txdot.gov/driver/travel/rest-areas.html

http://www.txdot.gov/driver/travel/rest-areas.html


4 – 14

4.8. TRAVEL INFORMATION CENTERS (TICs)

4.8.1. TxDOT operates 12 Texas TICs located in Amarillo, Anthony, Denison, Gainesville, Harlingen, Langtry, Laredo, Orange, Texarkana, Waskom. Wichita Falls and the Old General Land Office Building at the State Capitol Complex. The 12 TICs are staffed with professional travel counselors, promote travel to and within Texas and assist the traveling public by offering a safe place for travelers to stop and rest, obtain travel information and literature; professional trip planning assistance; WI-FI; and road condition information.

4.8.2. Service sponsored opportunities for the TICs, include but are not limited to, WI-FI, litter pickup, janitorial, grounds, landscaping, and video display. Sponsors for these facilities may consider roadside sponsorship signs, advertisement within the facility or any other promotional sign, or other innovative ideas such as providing free beverages to visitors.

4.9. PICNIC AREAS

4.9.1. Texas has 540 picnic areas located throughout the state. These facilities consist of one or more picnic tables. Picnic areas usually include some landscape features and litter barrels. Although picnic areas do not have restrooms, the picnic areas provide a safe place to park away from the highway traffic. Many of these facilities are located at scenic places where travelers can enjoy beautiful views. Some have interesting shelters such as teepees, derricks or other structures. Picnic areas are often visited by motorcycle enthusiasts who enjoy the remote locations.

4.9.2. Sponsors provide funding to support this activity and could receive roadside signs in acknowledgment for the support. Proposals may include coordination of sign placement and maintenance of the picnic areas.

4.10. TOLL GANTRIES

4.10.1. The toll gantries are the structures that span the main lanes over toll roads. These structures hold cameras that read license plates and sensors for toll tags. There are eight toll gantries in the Austin area and one on State Highway 255 Camino Colombia and one on State Highway 99 in Chambers County.

4.10.2. Sponsors donate funding to help support toll road maintenance and could receive signs mounted on the gantries in acknowledgement for the support.

5. RESPONDENT QUALIFICATIONS: The respondent shall:

5.1. Be a company or individual engaged, or whose partners or participants or both are engaged in the business of providing marketing, administering, recruiting and securing sponsors to provide donations for a minimum of three years within the last five years. Recent start-up businesses do not meet the requirements of this solicitation. NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.


5 – 14

5.2. Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent’s audited or un-audited financial statement. TxDOT may request a statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement to this solicitation in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service. Factors to be reviewed include:

5.2.1. Balance sheets

5.2.2. Net working capital

5.2.3. Current asset ratio

5.2.4. Liquidity ratio

5.2.5. Auditor(s) notes

5.2.6. Any notes to the financial statements

6. RESPONDENT REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed for three years within the last five years. References shall illustrate respondent’s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent’s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References form).

7. RESPONDENT PERSONNEL QUALIFICATIONS: The respondent shall provide the following respondent personnel:

7.1. PM

7.1.1. A PM with a minimum of three years experience within the last five years in project management for similar services.

7.1.2. Be experienced in overseeing the management, direction, planning and organization of resources to ensure the successful implementation of the program.

7.2. TEAM MEMBERS: Team members with a minimum of two years’ of experience within the last five years in marketing and program operations of a sponsorship program and shall have the knowledge to develop and implement the service requirements in this solicitation.


6 – 14

8. VENDOR REQUIREMENTS: The vendor shall:

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

8.2. Provide all labor, materials and equipment necessary to meet requirements of the specified services throughout the term of the purchase order.

8.3. Provide a primary point of contact.

8.4. Have qualified personnel with extensive experience in planning and implementing innovative and effective marketing, advertising, and public relations strategies for public or private sector, or both, organizations.

8.5. Ensure no donations are accepted from a person or entity that is regulated by TxDOT or a person or entity involved with TxDOT through a contract, purchase order, payment or claim.

9. RESPONDENT PERSONNEL REQUIREMENTS

9.1. PM: The PM’s primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the purchase order. The PM shall:

9.1.1. Be experienced in overseeing the management, direction, planning and organization of resources to ensure the successful completion of program goals and objectives.

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

9.2. All key personnel shall:

9.2.1. Be fluent in English with the ability to receive, give and understand written and oral instructions.

9.2.2. Communicate verbally in English, speaking in a manner used in most office environments.

10. SERVICE REQUIREMENTS: The vendor shall:

10.1. Begin work within 30 business days of the award of the purchase order or on the agreed upon date between TxDOT and the vendor.

10.2. Maintain a staffed office, open 8 am to 5 pm, CT, weekdays (excluding federal holidays), for the duration of the purchase order.

10.3. Market the sponsorship program to individuals, private entities, companies, and organizations to enlist sponsors in a manner that projects a positive impression on TxDOT and the program.

10.4. Develop a rate schedule for services to be sponsored. This may include recommended concepts for sponsorship.

10.5. Be responsible for providing an attachment plaque with the name, logo or emblem of the participating sponsor to be placed on the TxDOT provided sign.


7 – 14

10.6. MARKETING PROGRAM PLAN: The plan shall include, but not be limited to:

10.6.1. Geographic listing of roadways to be marketed.

10.6.2. Steps to be taken to promote, market, advertise, solicit and select potential sponsors.

10.6.3. Methodology for working closely with TxDOT and obtaining approval in determining sponsorship requirements, final approval of sponsors, graphics, artwork, language, messaging for any products or materials to be produced and for sign installation. NOTE: TxDOT will respond within two weeks with approval or denial.

10.7. ACKNOWLEDGEMENT AGREEMENT: Enter into agreements with sponsors. The agreement shall:

10.7.1. Be for a term of a minimum of two years.

10.7.2. Require the sponsor to comply with state laws prohibiting discrimination based on race, religion, color, age, sex, national origin, and comply with other applicable discrimination laws.

10.7.3. Include a termination clause based on safety concerns, interface with the safe flow of traffic, or a determination that the sponsorship agreement is not in the public interest.

10.7.4. Provide specific donation amount.

10.7.5. State the fees charged by the vendor to administer the program.

10.7.6. State the specific service being sponsored.

10.7.7. Provide the location of the acknowledgement sign, to include roadway, exit number or crossroad, and county.

10.7.8. State the date of expiration of the agreement.

10.8. Notify the designated TxDOT representative within three days of receipt of the donation from a participating sponsor. The notification shall include:

10.8.1. The name of the participating sponsor.

10.8.2. The maintenance service for which the donation was made.

10.8.3. The general location for the acknowledgement sign.

10.8.4. The name, logo or emblem requested by the participating sponsor to be placed on the sign.

10.8.5. The length of the sponsorship agreement. NOTE: TxDOT will provide the vendor the location information for each sign.


8 – 14

10.9. Notify the participating sponsor of the change in sign location if TxDOT determines that a regulatory, warning or guide sign is needed at the location of the participating sponsor’s sign.

10.10. Extend the participation agreement for a period of time equal to the number of days in which the acknowledgment sign was not posted if an acknowledgment sign is removed by TxDOT and not relocated within 24 hours of the time of removal.

11. ACKNOWLEDGEMENT SIGN: TxDOT will supply, install, and maintain the acknowledgement signs. The sign shall:

11.1. Comply with the requirements of the TMUTCD.

11.2. Be placed near the site for which the donation was offered.

11.3. Be placed at least one mile apart from each other if facing in the same direction and associated with the same highway related purpose.

11.4. Not reference any of the following:

11.4.1. An alcoholic beverage.

11.4.2. A tobacco product.

11.4.3. Sexually oriented business, product or service.

11.5. Not be appended to any other sign, sign assembly, or other traffic control device.

11.6. SIGNS FOR REST AREAS AND TICS: Shall comply with the following:

11.6.1. One acknowledgement sign for each direction of travel on the highway mainline.

11.6.2. Be installed in the rest area or TIC, provided the sign is not visible to the highway mainline traffic and does not pose a safety risk to the rest area users.

11.7. TxDOT will remove and relocate signs if TxDOT determines additional regulatory, warning, or guide signing is needed. The vendor shall notify the sponsoring entity of the change.

NOTE: Regulatory, warning, and guidance signs take precedence over an acknowledgement sign.

12. VENDOR DELIVERABLES: The vendor shall submit:

12.1. REPORTS: Reports as requested by TxDOT. Reports and format standards will be approved by TxDOT and shall be delivered to the designated TxDOT representative. Reports shall include, but not be limited to, the following:

12.1.1. Annual Report: The annual report shall include: the vendor’s financial statement, listing of all participating sponsors, administrative fees collected, and the annual revenue submitted to TxDOT under the purchase order.

12.1.2. Other Reports: With requirements as established between the vendor and TxDOT.


9 – 14

12.2. INVENTORY: The vendor shall furnish, in a format prescribed by the department, a monthly electronic inventory to the department. The inventory shall include:

12.2.1. A list of all sponsors participating in the program.

12.2.2. Contact information on each participating sponsor including address, key contact name, and phone numbers.

12.2.3. The location information for each acknowledgment sign as provided at the time of installation by TxDOT.

12.2.4. The date of expiration of the agreement for each participating sponsor.

13. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT. TxDOT may consider the following performance by the vendor as unsatisfactory performance. An unsatisfactory performance determination includes, but is not limited to:

13.1. One instance of portraying TxDOT or the program in a negative manner (Ref. Para. 10.3.).

13.2. One instance of not obtaining TxDOT approval in determining sponsorship requirements, final approval of sponsors, graphics, artwork, language, messaging for any products or materials to be produced and for sign installation. (Ref. Para. 10.5.3.).

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

14. PERSONNEL CONTINUITY AND REPLACEMENT

14.1. 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 any respondent personnel will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT.

14.2. The PM and any respondent personnel, etc. shall remain available for the entire term of the purchase order as long as that individual is employed by the vendor.

14.3. If TxDOT determines the PM, or any respondent personnel are unable to perform in accordance with the service requirements or to communicate effectively, the vendor shall immediately remove that person.

14.4. Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) will be requested for the proposed replacement(s). 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. VENDOR PERSONNEL SAFETY: The vendor shall 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.

16. WORK HOURS: Regular work hours for performance of the service are defined in the TxDOT Terms and Conditions identified on the solicitation.


10 – 14

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

18. PAYMENT: The vendor shall submit payment of monetary benefits by the 30th calendar day of each month for donations received the previous month.

18.1. Mailing address for checks: Texas Department of Transportation Finance Division PO Box 149001 Austin TX 78714-9001

18.2. Physical address to send checks by FedEx or UPS: Revenue Accounting Lead Texas Department of Transportation Finance Division 200 E. Riverside Drive Austin TX 78704

19. TxDOT RESPONSIBILITIES: TxDOT will:

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

19.2. Provide the highway-related services and sign installation funded by the donations.

19.3. Provide the vendor the location information for each sign.

20. RESPONSE SUBMISSION

20.1. GENERAL FORMAT: The respondent shall submit one signed and dated original (marked Original) and should include five copies (marked Copy). The submission shall be in separate loose leaf binders on one sided 8-1/2 x 11 inch paper and shall be tab-indexed corresponding to the sections listed below. Plastic spine-bound or wire bound submittals are highly discouraged. Include only the information specified for each section.

20.2. ORIGINAL RESPONSE: Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration. The response submission shall be submitted in the following format:

20.2.1. Section 1 – Schedule 1 – Proposed Vendor Expenses, Revenue, and Remittance to TxDOT NOTE: If addendums are generated as part of this solicitation, include the original signed and dated addendum(s) in Section 1.

20.2.2. Section 2 – Schedule 2 – Original, signed and dated Execution of Proposal

20.2.3. Section 3 – Schedule 3 – Respondent Qualifications and Experience: Complete and return detailing respondent qualifications and experience.


11 – 14

20.2.4. Section 4 – Schedule 4 – Respondent Personnel Qualifications and References: Complete and return for each proposed key or respondent personnel position.

20.2.5. Section 5 – Schedule 5 – Texas Family Code – Section 231.006

20.2.6. Section 6 – Demonstration of Capability: The respondent’s approach and ability to meet the service requirements as specified in the solicitation shall be demonstrated. The response should be specific and address all requirements described in the solicitation in the order presented in Para. 10. The respondent shall submit written documentation addressing how the vendor intends to meet the following:

20.2.6.1. Description in narrative form of the respondent’s understanding of TxDOT’s sponsorship program and previous experience in providing administration of similar services.

20.2.6.2. Description in narrative form of goals and objectives to include description of the target audience(s), market research approach, and methodologies, including messages, strategies, value to the state, and other related information for each highway-related sponsorship opportunity.

20.2.6.3. Staffing plan: Submit a proposed staffing plan to demonstrate staff qualification and experience, including subcontractors. This plan should describe the number of staff proposed for this project, the functions each will perform and the percentage of time each will be assigned to this project during the term of the purchase order.

20.3. The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration.

20.3.1. Section 7 – Financial Standing: Submit the most recent three years audited financial statements, or if audited financial statements are unavailable, un-audited financial statements shall be submitted and certified as true, correct and accurate by the chief financial officer or treasurer of the respondent’s company (Ref. Para. 5.2.).

20.3.2. Section 8 – Respondent References.

20.3.3. Copies: The five reproduced copies (marked Copy) shall include only the following tab-indexed sections:

20.3.3.1. Section 3 – Respondent Qualifications and Experience.

20.3.3.2. Section 4 – Respondent Personnel Qualifications.

20.3.3.3. Section 6 – Demonstration of Capability.

21. RESPONSE EVALUATION: Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive.


12 – 14

21.1. STEP 1 – REVIEW OF RESPONSES BY PURCHASING: Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive.

21.2. STEP 2 – INITIAL EVALUATION: A TxDOT evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent’s ability to best satisfy TxDOT requirements. Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

21.2.1. Respondent qualifications and experience will comprise 50% of the evaluation total.

21.2.2. Pricing submitted for the solicitation requirements will be 50% of the evaluation total.

21.3. STEP 3 – DISCUSSIONS: TxDOT may request that selected respondents, including respondent personnel participate in discussions.

21.3.1. The respondent and TxDOT may discuss and clarify various requirements of the solicitation, vendor response, discuss any negotiable points, further confirm proposed personnel qualifications and determine the respondent’s capability to perform the service. A TxDOT evaluation committee may evaluate and score each discussion.

21.3.1.1. The initial selection of respondents qualifying to proceed to this step will maintain the pricing weight at 50%. The initial evaluation score of the qualifications and submission information will be replaced with the discussion meeting score at 50%.

21.3.1.2. TxDOT will advise each respondent in writing of the location, date and time of the scheduled discussion meeting. A minimum of two weeks notice will be given to the respondent(s) selected for the discussion phase.

21.3.1.3. TxDOT may provide the respondent with a list of proposed respondent personnel required to attend and participate in the meeting.

21.3.1.4. Respondent and proposed respondent personnel should be prepared to address any questions that may be asked by TxDOT evaluators.

21.3.2. TxDOT reserves the right to continue discussions with selected respondent(s).

21.4. NEGOTIATIONS: Upon completion of discussions evaluation scoring, TxDOT reserves the right to enter into negotiations with one or more selected respondents.

21.5. STEP 4 – BEST AND FINAL OFFER (BAFO): TxDOT reserves the right to request a BAFO from selected respondent(s).


13 – 14

21.5.1. The respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TxDOT will make the final determination on the best value.

21.5.2. TxDOT may award the purchase order for the service without requesting a BAFO.

22. AWARD: TxDOT reserves the right to award a purchase order(s) to the company that provides the best value to TxDOT in performance of this service. TxDOT may award to a single vendor, multiple vendors, or use any combination that best serves the interest of TxDOT.

22.1. BEST VALUE: TxDOT will be the sole judge of best value. Best value criteria may include, but are not limited to:

22.1.1. Best meets the goals and objectives of the solicitation as stated in the Service Requirements.

22.1.2. Best meets the quality and reliability of the proposed goods and services.

22.1.3. Effect of the proposed solution on agency productivity.

22.1.4. Provides the most customer focused solution that will best meet the needs of the traveling public.

22.1.5. Experience in successfully providing services in the solicitation.

22.2. TYPES OF AWARD

22.2.1. Single Award: One purchase order awarded to a single vendor.

22.2.2. Multiple Awards: A multiple award is the award of multiple purchase orders for the same line item(s) from a single solicitation to two or more vendors to provide the same or similar goods or services.

23. POST AWARD MEETING: Vendor(s) shall be required to attend a post award meeting in in Austin, Texas with TxDOT within 21 calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order and to provide additional information regarding the purchase order. Vendor(s) and TxDOT shall identify specific goals, strategies and activities planned for meeting particular program area objectives.

24. TRANSITION OF TxDOT PROPERTY: TxDOT will provide assistance as needed for the efficient and smooth transfer of all TxDOT property, including but not limited to: Publications, documents, property, equipment and other material which TxDOT retains ownership rights related to work provided under a previous or current purchase order.

24.1. BEGINNING PHASE: The vendor awarded a purchase order as a result of this solicitation, shall, at the request of TxDOT, be responsible for contacting the previous vendor to request the transfer of all TxDOT property. The transition of TxDOT’s property shall occur within an agreed upon time frame to assure the new vendor can begin providing services as required by TxDOT.


14 – 14

24.2. CANCELLATION OR TERMINATION OF THE PURCHASE ORDER: At the end of the contract term or if the purchase order is cancelled by either party, the vendor(s) shall return all TxDOT property to TxDOT or transfer all TxDOT property to the TxDOT designated vendor(s) immediately upon TxDOT’s request.

25. CONTRACT ADMINISTRATION: Administration of the purchase order is a joint responsibility of the TxDOT Contract Administrator and TxDOT Purchasing. TxDOT Purchasing staff will be responsible for administering the contractual business relationship with the vendor.

25.1. 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.

25.2. Upon issuance of purchase order, TxDOT will designate an individual who will 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 purchase order, amend the purchase order in any way or waive strict performance of the terms or conditions of the purchase order. This individual’s contract management and contract administration responsibilities include, but are not limited to:

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

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

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

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

SPECIFICATION NO. TxDOT 961-02-80DATED: MARCH 2013

SCHEDULE 1 PROPOSED VENDOR EXPENSES, REVENUE, AND REMITTANCE TO TXDOT SOLICITATION NO. XXXXXXXXXXXXXXXX

Respondent Name: __________________________________

(d)% $

1 0 0 $0 $0 2 0 0 $0 $0 3 0 0 $0 $0

Combined $0 $0 $0 $0 $0 $0 $0

FAILURE TO RETURN THIS PAGE OR A REASONABLE FACSIMILE WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.

Instructions to Respondent: (1) Provide the information requested below. (2) Respondent may provide additional information that shows the proposed value of the donation to TxDOT. Value of donation could be in the form of money, services, public benefits or a combination of these. Proposals will be evaluated based on the comparison with other proposals of similar services.

Year

Estimated Total Annual

Remittance to TxDOT

Estimated Vendor

Annual Net Profit

Remittance to TxDOT

Profit Sharing Split to TxDOT

(c)Minimum

Guarantee to TxDOT

EstimatedNet

Revenue

(b)Estimated

Gross Revenue

(a)Estimated

Vendor Expense


1 - 4

SCHEDULE 2 EXECUTION OF PROPOSAL (RFP)

RFP NO. XXXXXXXXXXXXXXXX By signature hereon, Respondent certifies that: All statements and information prepared and submitted in the response to this RFP are current, complete, and accurate. Respondent has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response. Neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent or anyone acting for such firm, corporation, or institution has (1) violated the anti-trust laws of the state of Texas under Texas Business and Commerce Code, Chapter 15, or the federal anti-trust laws; or (2) communicated the contents of this Proposal either directly or indirectly to any competitor or any other person engaged in the same line of business during the procurement process for this RFP. By signing this response, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Texas Administrative Code, Title 34, Part 1, Chapter 20. Under Government Code §2155.004, no person who prepared the specifications or this RFP has any financial interest in Respondent’s Proposal. If Respondent is not eligible, then any contract resulting from this RFP shall be immediately terminated. Furthermore, “under Section §2155.004, Government Code, the vendor (Respondent) certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.” Under Family Code §231.006, relating to child support obligations; a separate schedule requesting this information will be sent to the awarded vendor for completion prior to execution of the purchase order. Under Government Code §669.003, relating to contracting with an executive of a state agency, Respondent represents that no person who, in the past four years, served as an executive of the Texas Department of Transportation (TxDOT) or any other state agency, was involved with or has any interest in this Proposal or any contract resulting from this RFP. If Respondent employs or has used the services of a former executive head of TxDOT or other state agency, then Respondent shall provide the following information: Name of former Executive: Name of State Agency: Date of separation from State Agency: Date of employment with Respondent: Respondent agrees that any payments due under this contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the state of Texas. TxDOT is federally mandated to adhere to the directions provided in the President’s Executive Order (EO) 13224, Executive Order on Terrorist Financing – Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration’s System for Award Management (https://www.sam.gov/portal/public/SAM), which is inclusive of the United States Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list.


2 - 4

SCHEDULE 2 (CONT.) EXECUTION OF PROPOSAL (RFP)

RFP NO. XXXXXXXXXXXXXXXX Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov/portal/public/SAM. Under Section 2155.006(b) of the Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, the bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate. Pursuant to Section 2262.003 of the Texas Government Code, the state auditor may conduct an audit or investigation of the vendor or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the Respondent or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Respondent or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.


3 - 4

SCHEDULE 2 (CONT.) EXECUTION OF PROPOSAL (RFP) RFP/O NO. XXXXXXXXXXXXXXXX

Respondent represents and warrants that the individual signing this Execution of Proposal is authorized to sign this document on behalf of Respondent and to bind Respondent under any contract resulting from this Proposal. RESPONDENT (COMPANY): SIGNATURE (INK): NAME (TYPED/PRINTED): TITLE: DATE: STREET: CITY/STATE/ZIP: TELEPHONE: FACSIMILE NUMBERS: EMPLOYER’S IDENTIFICATION NUMBER (EIN):


4 - 4

SCHEDULE 2 (CONT.) EXECUTION OF PROPOSAL (RFP) RFP/O NO. XXXXXXXXXXXXXXXX

PREFERENCES: Reference Part 2, Para. 2.08 of the TxDOT Terms and Conditions, Revised April 2012. In the case of a tie between two or more respondents, the award will be made in accordance with preferences as outlined in Rule 34TAC §20.38. If a tie still exists after review of preferences claimed by respondents, TxDOT will draw lots to break the tie. Check below if preference is claimed under Rule 34TAC §20.38. Tie – Bid Preferences 1. Supplies, materials or equipment produced in Texas or offered by a Texas bidder 2. Agricultural products produced or grown in Texas 3. Agricultural products and services offered by Texas bidder 4. USA produced supplies, material or equipment 5. Products produced at facilities located on formerly contaminated property 6. Products and services from economically depressed or blighted areas 7. Goods produced or offered by a business owned by a service-disabled veteran who is a

Texas resident Source Preferences 1. Products of persons with mental or physical disabilities 2. Vendors that meet or exceed air quality standards. For contracts to be performed, in whole

or in part, in a designated non-attainment area or an affected county, as those terms are defined by Health and Safety Code §386.001Texas Emissions Reduction Plan.

3. Manufacturer that has a recycle program for computer equipment 4. Contractor providing foods of higher nutritional value Specification Preferences 1. Products made of recycled materials, remanufactured, or environmentally sensitive

materials including recycled steel 2. Energy efficient products 3. Rubberized asphalt paving materials 4. Recycled motor oil and lubricants THE EXECUTION OF PROPOSAL SHALL BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN THE EXECUTION OF PROPOSAL WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.


1 - 1

SCHEDULE 3 RESPONDENT QUALIFICATIONS AND EXPERIENCE

SOLICITATION NO. XXXXXXXXXXXXXXXX Respondent shall use this schedule or a facsimile to clearly show how they meet the requirements set forth in the specification, Para. 5.

Respondent Name:

Addresses:

Physical:

Mailing:

Phone Number:

Fax Number:

E-mail address:

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

Name:

Phone Number:

Email Address:

of person to contact with questions regarding the solicitation.

Number of years in business and scope of operation.

Name and title of person signing the response:

DOCUMENTATION OF COMPANY QUALIFICATIONS AND EXPERIENCE:

Experience and capabilities in the areas of services to be provided. Respondent should address the requirements in Paras. 5. and 10.

This form may be modified as needed to comply with the requirement to document company information. THIS PAGE OR A REASONABLE FACSIMILE SHALL BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN THIS PAGE OR A REASONABLE FACSIMILE WILL RESULT IN THE RESPONSE BEING CONSIDERED NON-RESPONSIVE.


1 - 2

SCHEDULE 4 RESPONDENT PERSONNEL QUALIFICATIONS AND REFERENCES

SOLICITATION NO. XXXXXXXXXXXXXXXX Respondent Name: The respondent shall complete one schedule not to exceed 2 pages for each employee to be assigned to this purchase order. TxDOT reserves the right to reject the proposed Respondent Personnel if references or past working performance are questionable or unfavorable. KEY PERSONNEL INFORMATION RESPONSE AREA Full Name: Number of years employed by respondent: Title as defined in Para. 7. KEY PERSONNEL QUALIFICATIONS AND REQUIREMENTS

# YRS EXP. HOW/WHERE OBTAINED

Number of years experience in (required service): Specific education, qualifications, training, certifications: Reference No. Name of Organization: Business Address: Business City: Business State: Zip:

Contact Person Name: Contact Person Title: Phone Number: Fax:

Project Title:

Project Description and dollar amount:

Roles and Responsibilities of the Proposed Staff during this project:

Project Start Date: Project End Date: Client Comments:


2 - 2

Reference No. Name of Organization: Business Address: Business City: Business State: Zip:


Project Title:


Roles and Responsibilities of the Proposed Staff during this project

Project Start Date: Project End Date: Client Comments:

Reference No. Name of Organization: Business Address: Business City: Business State: Zip:


Project Title:


Roles and Responsibilities of the Proposed Staff during this project

Project Start Date: Project End Date:

Client Comments:

THIS PAGE OR A REASONABLE FACSIMILE SHALL 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

SCHEDULE 5 TEXAS FAMILY CODE – SECTION 231.006 SOLICITATION NO. XXXXXXXXXXXXXXXX

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 Proposal submitted under this RFP 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 Proposal. Respondents meeting the ownership must complete the following; Name Social Security Number Name Social Security Number Name Social Security Number If respondent does not meet the ownership criteria under Texas Family code - Section 231.006, check the box below, sign and return the schedule. This Schedule is not applicable Signature Title THIS PAGE OR A REASONABLE FACSIMILE SHALL 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

RESPONDENT REFERENCES SOLICITATION NO. XXXXXXXXXXXXXXXX

INCLUDE ONLY REFERENCES FOR WHICH PROJECTS WERE COMPLETED WITHIN THE LAST FIVE YEARS. Respondent Name: _____________________________________________________________ Reference No. Name of Client Organization:

Business Address:

Business City:

Business State: Zip:


Project Title:

Project Description:

Project Start Date: Project End Date:

THIS PAGE OR A REASONABLE FACSIMILE SHALL 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.

Documents

TEXAS DEPARTMENT OF TRANSPORTATIONftp.dot.state.tx.us/pub/txdot-info/gsd/pdf/tss/tss9610280.pdfThe Texas wildflowers are a source of pride for all Texans and the beautiful wildflower