ESBD_361053_1717619693764_Legal_Notice_and_Advertisement_Publication_Solicitation ESBD 06.05.docx

Texas Department of Agriculture Purchasing and Contracting Office 1700 N. Congress Avenue Austin, Texas 78701 CONTRACT No.

5510000229

SOLICITATION NO.

5510000229

TYPE OF SOLICITATION

REQUEST FOR PROPOSAL (RFP)

DATE ISSUED

6/5/2024

Legal Notice and Advertisement Publication Solicitation Respondent must submit sealed response no later than 1:00 PM CT on through 7/5/2024, to the following address:

Attention: bidroom@texasagriculture.gov For information contact:

Alfredo Aguirre Phone: (512)463-9779 E-mail: Alfredo.Aguirre@TexasAgriculture.gov

RESPONSE (Respondent must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

NAME AND ADDRESS

OF RESPONDENT:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES Respondent must submit its response electronically to Bidroom@texasagriculture.gov before the due date and time posted on the Electronic State Business Daily (ESBD).

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. Respondent’s failure to periodically check the ESBD will in no way release the selected Respondent (Contractor) from “addenda or additional information” resulting in additional cost to meet the requirements of this solicitation.

By signing this document, Respondent represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate. Failure to sign will disqualify response. TDA may pursue and enforce any available remedies against Respondent for making false statements, including disqualifying the Respondent’s response, immediately cancelling any Contract awarded to Successful Respondent, or recommending State of Texas debarment.

Texas Department of Agriculture Page intentionally left blank.

PCO 805 RFx Template Version 4 Revision 04/09/2024 Table of Contents

PCO 900 RFP Template Page 2 of 2 Version 4Release 04/12/2024

SECTION I – INTRODUCTION AND STATEMENT OF WORK

INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this REQUEST FOR PROPOSAL (RFP) to solicit responses from qualified Respondents for legal notice distribution or placement of advertisements in Texas publications, as described in this Section I and in this solicitation. TDA’s objective is to obtain the services that represent the best value for TDA and the State of Texas, according to the terms and conditions of this solicitation.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

All costs associated with the solicitation must be included in Respondent’s Proposal. Solicitation responses that do not meet all the requirements or contain all the required documentation specified in this solicitation may be rejected as non-responsive.

Background Established by the Texas Legislature in 1907, TDA was created to gather statistics on crops and livestock and to educate farmers on advanced farming methods and practices. Over time, TDA’s responsibilities expanded significantly, including the absorption of the Texas Department of Rural Affairs and the State Office of Rural Health in 2011.

TDA touches the lives of nearly every Texas citizen and is charged with protecting consumers by ensuring standards are upheld with licensed professionals and businesses. These standards provide an environment for consumers to conduct business with confidence with those licensees. TDA serves the public by providing public protection, consumer confidence and health protection.

Public notices are required by law for government activities that affect local citizens. Traditionally, these alerts are placed in local newspapers—whether for an election, entry of property, budget proposal, or other official notifications. The Texas Boll Weevil Eradication Foundation (TBWEF) is a quasi-agency under oversight by the Texas Department of Agriculture that performs regular checks and upkeep on boll weevil traps in cotton fields. Since this entry affects cotton producers (and other producers, such as beekeepers, who can be affected by eradication efforts), TDA is required to publish official notices of entry “not less than once a week for two weeks immediately before the scheduled date of entry,” as per Texas Agriculture Code, Section 74.117. Similarly, when elections for Board members approach, TDA is required to publish notices of election at least 45 days before an election per Tex. Agric. Code, Section 74.106.

TDA has previously worked with contractors who coordinated newspaper outreach and publication regarding these services. TDA believes it is in the best interest of the State to contract with a vendor capable of organizing, planning, and executing the publication of these notices.

Additionally, TDA periodically needs to place advertisements in Texas newspapers or publications to inform local communities of various agency programs, deadlines, or resources.

Legal Authority This solicitation is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Chapter 2156, Subchapter C, Sections 2156.121 – 2156.127. Pursuant to Section 2155.131 of the Texas Government Code and 34 Texas Administrative Code§20.82. Competitive sealed proposals will be received before the deadline set forth below in this solicitation.

Definitions The words and terms listed below shall have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this solicitation, including the terms and conditions attached to the solicitation, and any contract entered into by the parties as a result of this solicitation.

1) Amendment means the final written agreement signed and dated by TDA and Respondent(s) selected for an award as a result of this solicitation subsequent to the effective date of the Contract, which amends, changes, extends, modifies or revises the Contract.

2) Business Days-means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

3) Centralized Master Bidders List (CMBL) which is a public website comprised of businesses interested in contracting with the state. It can be used by Respondents to identify potential respondents and historically underutilized businesses.

4) Contract means the final written agreement signed and dated by TDA and the respondent(s) selected for an award as a result of this solicitation, and includes the solicitation and all attachments, the proposal(s) of any respondent(s) selected for an award, any appendices, final offers, amendments to the solicitation, schedules, or special provisions incorporated into the contract. This term also includes a purchase order.

5) Contractor means an entity or individual selected for an award as a result of this solicitation and that enters into a Contract to complete the scope of work described in this solicitation and the Contract.

6) Contract Manager means a person designated by TDA or Contractor that is responsible for invoicing and payment under the Contract and for monitoring the overall progress of the scope of work required by the Contract. Either party may designate the same individual to be both the Contract Manager and the Project Manager.

7) Days means calendar days unless otherwise specified.

8) Effective Date means the date TDA's Deputy Commissioner or duly authorized designee signs and dates a Contract resulting from this solicitation.

9) Electronic State Business Daily (ESBD) means the public website for posting state contracting opportunities managed by the Texas Comptroller of Public Accounts (CPA).

10) Intellectual Property means worldwide legal rights or interests in intangible property evidenced by or embodied in: (1) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement that is capable of being patented; (2) any copyright or patent; (3) any work that is capable of being copyrighted, including moral rights or neighboring rights; (4) any trademark, service mark, certification mark, trade dress, trade name, or other indicia of source or origin; (5) any design, display, graphic design, letter or letter combination, logo, mark, number or number combination, phrase, word or word combination that indicates the origin, quality or source of goods or services and that is capable of being copyrighted; and (6) any rights, interests or property similar in kind or nature to the rights, interests or property created or resulting from this solicitation. The intellectual property of a party includes all worldwide intangible legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

11) Project means the purpose, result, or work to be accomplished as a result of the Contract.

12) Project Manager means the person assigned by TDA or Contractor that is responsible for managing the day-to-day work of the Contract.

13) Proposal means a response submitted to TDA as a result of this solicitation.

14) Respondent means an entity or individual that submits a proposal.

15) Scope of Work or Statement of Work (SOW) means the deliverables, services and work set out and defined in the Contract and described in this solicitation.

16) Successful Respondent means the Respondent awarded a contract resulting from this solicitation.

17) TDA means the Texas Department of Agriculture. TDA may also be referred to as the "Department."

18) Division’s definitions:

A. TBD means the Trade & Business Development Division B. St. L means St Lawrence Eradication Zone C. PH mean Panhandle Eradication Zone D. NHP means Northern High Plains Eradication Zone E. LRGV means Lower Rio Grande Valley Eradication Zone F. SHPCR means Southern High Plains-Caprock Eradication Zone G. TBWEF means Texas Boll Weevil Eradication Foundation H.

5 Scope of Work/Specifications TDA is seeking a bid from qualified Respondents to provide comprehensive legal notice publication services. The Successful Respondent must deliver an integrated, turnkey solution that best meets the Department’s requirements in accordance with the requirements outlined in this RFP.

TDA is seeking competitive bids to establish a contract with a respondent who will organize, plan, and execute the distribution of legal notices required under the Texas Boll Weevil Eradication Foundation (TBWEF) program. “Legal notices” include notices of entries, which inform cotton producers and local producers affected by eradication efforts (e.g., beekeepers) that the TBWEF may be entering their property to check traps, as well as election notices, which inform communities of upcoming Board elections for the Texas Boll Weevil Eradications.

The scope of work is to include placement of notices in local newspapers, ensured publication before deadlines, and independent coordination by Contractor.

Successful Respondent will make recommendations to TDA for approximately 30 print newspapers that cover each region impacted by the published notices. Once approved, Successful Respondent will place notices prepared by TDA, receive publication confirmations, and process payments as necessary to the individual papers.

Additionally, if the need arises, TDA will work with Successful Respondent to place advertisements in Texas newspapers or publications to inform local communities of various agency programs, deadlines, or resources. TDA may request Successful Respondent to assist with making recommendations for print newspapers or other publications to reach targeted communities.

TDA expects open and frequent communications to ensure all requirements are met in a timely manner.

5.1 Goals and Objectives

The goal of this solicitation is to obtain services of a contractor who will organize, plan, and execute the distribution of legal notices required under the Texas Boll Weevil Eradication Foundation (TBWEF) program. Successful Respondent will provide the following services:

1. Identify applicable publications;

2. Publish notices or advertisements directed at correct audiences; and

3. Publish notices or advertisements in a timely fashion.

5.2 Deliverables

Deliverable 1—Conduct newspaper media landscape scan; offer alternative suggestions and placements for any newspapers that have ceased circulation.

Deliverable 2— Publish notices of election in at least 30 newspapers by TDA identified deadline, in the following eradication zones and their corresponding counties:

· St. Lawrence Eradication Zone: Glasscock, Reagan, Upton

· Panhandle Eradication Zone: Carson, Dallam, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Roberts, and Sherman

· Northern High Plains Eradication Zone: Armstrong, Bailey, Briscoe, Castro, Deaf Smith, Floyd, Hale, Lamb, Parmer, Randall, and Swisher

· Lower Rio Grande Valley Eradication Zone: Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Maverick, Starr, Webb, Willacy, and Zapata counties

· Southern High Plains-Caprock Eradication Zone: Andrews, Cochran, Crosby, Dawson, Dickens, Ector, Gaines, Garza, Hockley, Howard, Kent, Lubbock, Lynn, Martin, Motley, Terry, and Yoakum

Deliverable 3— Publish notices of scheduled entry into fields in at least 30 newspapers in the following areas by TDA identified deadline:

· Northern High Plains

· Northern Rolling Plains

· Northwest Plains

· Permian Basin

· Panhandle Zone

· Rolling Plains

· Southern High Plains

· Southern Rolling Plains

· St. Lawrence

· Western High Plains

Deliverable 4 – On an as-needed basis, publish notices or advertisements related to other TDA programs in print publications in targeted communities.

5.3 reporting Requirements Successful Respondent shall maintain records, collect data, and provide reports as requested by TDA. Any reports requested will be submitted via e-mail to designated TDA staff. TDA may utilize these reports as part of its review and oversight of Successful Respondent’s performance.

Successful Respondent shall submit to TDA its reports that contain all the following information:

Project activity reports that detail TDA services provided and outcomes achieved on an as-needed basis determined by TDA.

Reports shall include the following information at a minimum:

1) Project plan status/progress vs final product delivery by Contractor;

2) Process deliverables;

3) Status of engagement milestones, emphasizing any past due milestones;

4) Status of outstanding action items;

5) Status of engagement deliverables;

6) Risk summary and mitigation strategies;

7) Outstanding issue discussions; and

8) Security issues.

The status report shall identify any problems encountered or still outstanding with an explanation of the cause, clearly identified owners, and a proposed resolution of the problem or how the problem will be resolved.

Contractor will be responsible for scheduling and conducting deliverables review meetings to ensure understanding of recommendations and specific deliverable details.

5.4 PROJECT CALENDAR (Implementation)

The proposed schedule will ensure the completion of deliverables by specified dates. Workflow and milestones such as training, deliverables, invoicing, and quality assurance activities should be included.

5.5 PROJECT PLAN – PRICE TO VALUE/BEST VALUE

While price is not the sole deciding factor, TDA expects the cost proposal to be based on the best value for the price proposed. This requires submission of a Project plan that aligns costs, resources, and activities for an overall determination of best value for the price.

A draft Project plan detailing how Respondent will provide or implement the requirements of this solicitation must be included within Respondent’s response.

The draft Project plan must detail how Respondent would address the following:

1) A description of the Project organization;

2) A breakdown and detailed description of the different deliverables of the Project;

3) Expected dependencies that exist within the Project plan;

4) A schedule and work plan for the different deliverables of the Project;

5) Any dependencies, caveats, or risks associated with the schedule; and

6) The methodology Respondent will employ to ensure the schedule for each deliverable is met.

6.5 TDA Responsibilities

TDA will designate a Project and Contract Manager responsible for working with Contractor to resolve problems and maintain the agreed-upon schedule. These roles can be performed by the same position. TDA’s Project and Contract Manager shall be responsible for the following tasks:

1) Monitor Contractor’s Performance

a. Review and approve submitted invoices confirming receipt and completion of invoiced services;

b. Provide written confirmation of acceptance or rejection at the completion of deliverable review; and

2) Communication

a. Contact Contractor via telephone, e-mail, or web to meet the approved schedule;

b. Provide contact information for TDA staff with responsibilities under the Contract; and

c. Make available appropriate individuals with reasonable notice of the circumstances requiring the staff member.

6.6 Contractor Responsibilities

Contractor is responsible for planning, leading, and executing the work activities that are required for the completion of the Project. Contractor’s Project and Contract Manager shall be responsible for the following tasks:

1) Project Plan

a. Present the proposed Project plan for approval;

b. Maintain the approved Project plan;

c. Identify potential deviations from the plan; and

d. Notify TDA’s Contract Manager with a solution to stay on schedule.

2) Project Management

a. Respond to support requests and resolve escalated issues within agreed upon time frames;

b. Establish detailed timelines and deliver on or before scheduled benchmarks dates, as outlined in Project schedule approved by TDA;

c. Participate in planning meetings, as scheduled by the selected TDA representative;

d. Apply quality assurance processes on deliverables before submission and explain the quality assurance process; and

e. Ensure the confidentiality of all information obtained from TDA.

3) Documentation

a. Document the status of work performed and update TDA monthly.

6.7 information Security Requirements

Contractor shall adhere to the Texas Department of Information Resources’ (DIR) Information Resources Security and Risk Management Policy, Standards and Guidelines as published in Texas Administrative Code, Title 1, Part 10, Chapter 202 and as authorized by the Information Resources Management Act, Chapter 2054 of the Texas Government Code. (See Exhibit K, Data Security Requirements).

Contractor shall adhere to the following policy standards:

Contractor shall ensure that security controls for Information Resources (including all data and reports associated with the background checks conducted under any Contract awarded under this solicitation, hereinafter "IR'') are not bypassed or disabled.

Contractor shall ensure that:

1) Security awareness is continually emphasized, reinforced, updated and validated;

2) The user must keep any data used in an IR system confidential and secure;

3) Contractor must take appropriate steps to ensure the integrity and security of all programs and data files created by, or acquired for, computer applications that will be utilized to perform the services requested by this solicitation;

4) TDA reserves the right to immediately terminate the Contract and cease all payment for services if Contractor does not comply with these security guidelines if Contractor's IR security does not comply with industry standards; or if TDA does not consider Contractor's IR to be adequately secure;

5) The sale or release of data, reports or lists generated as a result of the services contemplated by this solicitation, to any entity, organization, or person other than TDA is strictly prohibited;

6) Contractor shall carefully assess the risk of unauthorized alteration, unauthorized disclosure or loss of the data for which it is responsible. Contractor shall immediately disclose any alterations, losses or risks to TDA in writing;

7) Contractor must have backup and contingency plans for disaster recovery based on risk assessment and business requirements;

8) Contractor is responsible for all, but not necessarily limited to, the following: the maintenance, monitoring and procurement of all computers, electronic devices, computer or network systems, contracts, leases, licenses, consulting arrangements or other agreements necessary for Contractor to deliver the services required by this solicitation; and

9) Contractor shall adhere to all other guidelines, laws, policies, practice standards, procedures and regulations promulgated by DIR, TDA, or the state that affect the scope of work contemplated by this solicitation.

6.8 Project Change Management

All change orders are subject to mutual agreement and must be in writing. Change orders that change the scope of the Project will be documented through written amendment to the contract and signed by the parties. Change orders will be made as necessary within the budget. A material change in the scope may require a new solicitation to maintain a fair solicitation process.

Amendment The parties shall initiate changes to the Contract in a written instrument signed by an authorized Project or Contract Manager for each party. However, any proposed change to the contract amount or work to be performed, or extension for the time of performance, whether initiated by TDA or Contractor, must receive final written approval in the form of a contract amendment or a Purchase Order Change Notice (POCN), which must be signed by an authorized representatives of TDA and Contractor who have authority to bind TDA and Contractor, respectively. The agreement to make the contract change must indicate the reason the change, amendment or POCN is necessary.

6.9 Project completion and contract closeout Requirements

As part of Contract close-out, TDA’s Contract Manager must compare actual performance against performance measures, goals and objectives, to determine whether all required work has been completed. A contract is completed when:

1) all goods or services have been received and accepted;

2) all reports have been delivered and accepted;

3) all administrative actions have been accomplished;

4) all agency-furnished equipment and materials have been returned;

5) all property inventory and ownership issues are resolved including disposition of any equipment or licenses purchases under the Contract;

6) final acceptance from the project manager has been received;

7) A closeout meeting will be scheduled prior to final payment and Contract closeout; and

8) final payment has been made to the contractor.

The Contract Manager must also ensure that vendor performance is reported to VPTS and that the contractor is aware of and is in compliance with records retention requirements.

7 INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Exhibit A, Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences, Paragraph 11 and 12.

7.1 Invoice Submission

Contractor must submit invoices electronically to Texas Department of Agriculture, Accounts Payable, invoices@texasagriculture.gov , or mail to P.O. Box 12847, Austin, TX 78711-2847.

7.2 Invoices must include:

1) Name of Contractor exactly as shown on the Contract, Texas Identification Number (TIN), and correct "Remit to" address;

2) Receiving entity name;

3) Contract/Purchase Order number;

4) Description, quantity, unit of measure, unit price, extended price of each item;

5) Total price;

6) Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice; and

7) Attach supporting documentation, if required.

7.3 Payment:

1) Payment will be made in accordance with the Texas Prompt Payment Act, Texas Government Code, Chapter 2251. Payment normally will be made to Contractor within thirty (30) days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by Chapter 2251 to pay properly submitted invoices within thirty (30) days or Contractor may charge a late payment fee established by law. Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature.

2) Under no circumstances shall TDA be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

a) Contractor is in breach of the contract;

b) Any portion of a payment is for services that were not performed in accordance with this Contract provided, however, payment shall be made for those services which were performed in accordance with this Contract;

c) Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TDA has made payment to Contractor; and

d) If TDA, in good faith, determines that the balance of the unpaid fees is not sufficient to complete the services in accordance with this Contract; or if Contractor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other Contractors or on account of the cost of changes in the work other than those for which Contractor may be liable.

Payments for services purchased with state appropriated funds will be made through state warrants issued by the Texas Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities’ local payment system.

Any additional expenses incurred by Contractor are the responsibility of Contractor and will not be paid by TDA.

TDA will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

8 contract term

8.1 Initial Contract Term:

The Contract shall commence on the Effective Date and continue through 8/31/2025, unless sooner terminated under the terms of the Contract. Any work done outside of the period of performance shall be provided at no cost to TDA.

8.2 Renewal Option:

The Contract may be renewed for up to three (3) additional one (1) year periods. TDA will notify Contractor of its intent to renew and will send a contract amendment to Contractor. The total duration of performance under an optional renewal term shall not exceed the three (3) one-year renewals to be exercised by TDA at its sole discretion. Each option to renew terms shall run concurrently with the state fiscal year as follows:

Option Year 1: September 1, 2025 through August 31, 2026 Option Year 2: September 1, 2026 through August 31, 2027 Option Year 3: September 1, 2027 through August 31, 2028 TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

8.3 Termination:

The Contract shall terminate upon full performance of all requirements contained in the Contract, unless otherwise extended or renewed, in accordance with the Contract terms and conditions.

9 No Exclusivity in Award There shall be no exclusivity under any Contract awarded pursuant to the terms of this solicitation. TDA may re-solicit the services under this solicitation at any time for any reason if it is in the best interests of TDA or the State of Texas to do so.

SECTION II – ADMINISTRATIVE INFORMATION

1. SCHEDULE OF EVENTS

TDA intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TDA reserves the right to change the dates in the schedule of events above upon written notification to prospective respondents through a posting on the Electronic State Business Daily as an Addendum.

Ending Date of Contract:

8/31/2025

1. INQUIRIES

1. sole point of Contact All requests, questions, or other communications about this solicitation must be made in writing to TDA’s Purchasing and Contracting Office, addressed to the following person:

Alfredo Aguirre E-mail: Alfredo.Aguirre@TexasAgriculture.gov Texas Department of Agriculture 1700 N. Congress, 11th Floor Austin, TX 78701 All Respondents shall make no contact concerning this solicitation with other TDA personnel, except as permitted by the point of contact. Failure to comply with this requirement at any point prior to contract award may result in disqualification. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

1. Questions and Clarifications:

TDA will allow written questions and requests for clarification of this solicitation. Questions must be e-mailed to the Contact listed above. Questions must be submitted on Exhibit E, Respondent Solicitation Questions Form of this solicitation. Responses to questions or other written requests for clarification will be posted on the ESBD. It is the responsibility of an interested party to check the ESBD for updates to this solicitation. before submitting an Offer. Each Respondent is solely responsible for verifying TDA’s receipt of its questions, if applicable, and its Offer by the deadlines specified in this solicitation.

Note: Questions or other written requests for clarification must be received by the sole point of contact by the deadline set forth in Section II of this solicitation.

1. CHaNGES, AMENDMENT OR MODIFICATION TO SOLICITATION In order to ensure that no prospective respondent may obtain a competitive advantage because of acquisition of information unknown to other prospective respondents, TDA will provide any additional information that is different from or in addition to, information provided in the solicitation only in response to written inquiries. TDA will provide answers to all such inquiries via an Addendum on the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/sp. Respondent names will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above. TDA will provide answers to all such inquiries via an Addendum on the following methods based on:

1) If competing within DIR-established contracts, Respondents will receive an email.

Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected Respondent from “Addenda or additional information” resulting in additional costs to meet the solicitation requirements.

1. Informalities TDA reserves the right to waive minor informalities in a solicitation response if it is in the best interest of TDA. A "minor informality" is an omission or error that, in TDA’s determination if waived or modified when evaluating solicitation responses, would not give one Respondent an unfair advantage over other Respondents or result in a material change in the solicitation response or solicitation requirements.

1. Prohibited Communications Upon issuance of this solicitation, TDA, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or its representative(s), except for the written inquires described in Section II, Subsection 2. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TDA’s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

1. SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

Refer to Exhibit A – Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences Paragraph 78 – Subcontractors.

1) Respondent must complete, sign and submit Exhibit B, HUB Subcontracting Plan, with its response submission and in accordance with the following instructions. ALL RESPONDENTS RESPONDING TO THIS SOLICITATION, INCLUDING THOSE THAT ARE HUB CERTIFIED OR THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF HUBs. FAILURE TO COMPLETE AND SUBMIT THE HUB SUBCONTRACTING PLAN (HSP) WITH THE RFP RESPONSE WILL RESULT IN DISQUALIFICATION OF THE RESPONSE FROM CONSIDERATION.

2) In accordance with Texas Government Code, §2161.252 and Texas Administrative Code, Title 34, §20.14, TDA has determined that subcontracting opportunities are probable under this Contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, or other factors. TDA estimates the value of this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 26 % of the contract’s value.

TDA is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code. After Contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from TDA.

The HSP is available as part of this solicitation package. In the event and HSP is not included with this solicitation, please email HUB@texasagriculture.gov and one will be forwarded to you. Respondents may send an HSP review request to the Contact person provided in Section II. TDA will provide a courtesy HSP review if the request is received no later than the date questions are due, as specified in Section II.

If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the HSP must be completed. If Respondent is subcontracting some portion of the Contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B) of the HSP. The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing HUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

Class

3) HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR):

After award of the Contract, Contractor shall report all HUB and non-HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TDA HUB Program monthly. The report shall be submitted monthly even during the months the successful Respondent is not invoicing TDA. All payments made to subcontractors shall be reported. TDA may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

1. Pre-proposal Vendor Conference Attendance is strongly encouraged, but not required. Failure to attend in person, participate in the conference call, or participate in the webinar will not disqualify a Respondent.

3. Attendance Log For conference calls and webinars, participants will be added to the attendance log with the following information ready and properly announced or submitted:

1) Legal business entity name or name of individual which will be used if submitting a response to this solicitation or subcontractor acting on behalf of the legal business entity;

2) Name and title of each representative on the call; and

3) E-mail address for the sole point of contact.

3. Webinar Vendor Conferences TDA will conduct a webinar vendor conference on the date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda. The conference will provide a review of the requirements, scope of work, terms and conditions, and all components of this solicitation. Respondents must pre-register for the vendor conference prior to the scheduled date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda.

The conference will be held via TEAMS which may be accessed at

· 6/12/2024

· Microsoft Virtual Events Powered by Teams

3. Questions or Requests for Clarification The vendor conference allows participants to ask TDA questions or request clarifications. Questions are required to be submitted, either prior to or immediately after the conference, in writing, by e-mail, to the Sole Point of Contact, Section II. The questions and requests for clarifications must be submitted on Exhibit E of this solicitation.

1) Answers During the Conference A. During the conference, TDA may provide responses to questions or requests for clarification; however, these answers will not be considered official;

B. After the conference, the official responses to questions and requests for clarifications received during the conference and those received by the deadline identified in the Procurement Schedule or deadlines established in subsequent Addenda, will be posted in an Addendum on the ESBD; and C. TDA reserves the right to amend the answers previously posted at any time prior to the Response Deadline or deadlines established in subsequent Addenda. Amended answers will be posted on the ESBD in a separate, new Addendum or Addenda.

5 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

5.1 Response Submission

Proposals must be submitted in a manner which does not carry any benefit, keepsake, or value for members of the evaluation committee. Responses submitted by mail, facsimile, or any other method not specified in this solicitation, will NOT be accepted, or considered. Responses must be received prior to the response due date listed on the cover page of this solicitation.

1) sUBMISSION METHOD: E-Mail Submission Respondent is solely responsible for ensuring that the electronic response is complete and submitted to and RECEIVED by TDA before the Response Deadline identified in the Procurement Schedule (cover page) or deadline established in subsequent Addenda. TDA is not responsible for lost, misdirected or late responses. Late responses will be disqualified.

The solicitation response, including all documentation required by this solicitation and Appendix, must be sent in its entirety in one or more e-mails as warranted by the size of each attachment.

Responses sent by e-mail must be sent to: bidroom@texasagriculture.gov A. E-mail Subject Line The e-mail subject line must contain the solicitation number, title as indicated on the cover page and number quantity of e-mails if more than one (e.g., 1 of #, etc.).

B. Body of E-mail The body of each e-mail must include the following information:

· Respondent’s name

· Contact Name for Respondent

· Phone number for Respondent’s Contact

· Solicitation number from cover page

· Purchaser Name (Sole Point of Contact, Section II, Paragraph 2.1).

TDA takes no responsibility for e-mailed solicitation responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TDA anti-virus or other security software.

C. Additional Information Regarding Electronic Submission by E-Mail All documents should be submitted in Microsoft Office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft Office® software. Any documents with signatures shall be submitted as an Adobe® portable document format (pdf) file, or DocuSign. TDA is not responsible for documents that cannot be read or converted. Unreadable responses may be, in TDA’s sole discretion, rejected as nonresponsive.

D. E-mail Attachment Naming Convention Respondents must name e-mail attachments in accordance with Response Submission Checklist, Section VIII.

Example: Respondents Execution of Offer, Terms and Conditions and Proposal Preferences may be submitted in PDF format with PDF name of Exhibit A.pdf.

E. All required forms must be electronically signed or manually signed with scanned signatures;

F. By submitting a proposal, permissions to edit, print, copy, and distribute as authorized under public information or other law is given to TDA. Two (2) versions of the proposal must be submitted on approved electronic media as described below.

a. One original proposal, that includes all attachments (Original Proposal) and identifies claimed proprietary or confidential information, if any, by highlighting such claimed information and clearly labelling it as proprietary, confidential, or both in a comment. The Original Proposal must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

b. One redacted copy of the entire proposal that makes the claimed confidential or proprietary information, if any, unreadable. Redaction can be made in MS Word™ by highlighting the confidential words in black. Adobe™ also has a redaction feature. If no proprietary or confidential information is claimed in the Original Proposal, then submission of a copy of the Original Proposal with redactions is not required.

TDA will not be held responsible for any solicitation Response that is mishandled prior to receipt by TDA. It is Respondent’s responsibility to mark appropriately and deliver the solicitation Response to TDA by the specified date and time. TDA will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission error that may lead to disqualification (including substantive or administrative) or nonreceipt (in whole or in part) of the Respondent’s proposal.

5.2 CoNfidential or Proprietary Information

1) Public Information Act

a) Respondent Requirements Regarding Disclosure Proposals and any resulting contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires TDA to post certain contracts and solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

TDA will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Respondent acknowledges that all information, documentation, and other materials submitted in the solicitation Response in response to this solicitation may be subject to public disclosure under the PIA. TDA does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General(OAG). TDA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondent.

Under the PIA, all information held by governmental bodies is open to public disclosure unless it falls within one of the PIA's specific exceptions to disclosure. Respondent must submit Exhibit N, Confidential or Proprietary Information as part of their proposal response. If Respondent asserts that information provided in its solicitation response is exempt from disclosure under the PIA, Respondent must:

i. Mark Original Proposal

a. Mark the Original Proposal, on the top of the front page, the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

b. Mark the bottom of each page on the Original Proposal that contains information Respondent claims is exempt from public disclosure with the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION.”

ii. Submit a separate “Public Information Act Copy” of the Original Proposal (in addition to the original and all copies otherwise required under the provisions of this solicitation). The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

b. Each portion Respondent claims is exempt from public disclosure must be redacted (blacked out);

c. The copy must contain contact information for a named individual designated to respond to inquiries regarding public information requests, including a phone number and e-mail address, so that TDA may contact Respondent concerning any public information requests it receives for Respondent’s Proposal; and

d. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy “and contact information for a named individual designated to respond to inquiries regarding public information requests. There must be no redactions in the Original Proposal.

b) Respondent should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable. By submitting a response to this solicitation, Respondent agrees that, if Respondent does not mark the Original Proposal contains information claimed as proprietary, confidential, or both; provide the required certification; and submit a Public Information Act Copy, Respondent’s solicitation response may be considered to be public information that may be released to the public without notice to the Respondent.

c) For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Public Information Act Handbook published by the OAG or contact the OAG’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, visit the OAG’s website at http://www.texasattorneygeneral.gov.

d) Solicitation responses should not be marked or asserted as copyrighted material. If Respondent asserts a copyright to any portion of its Proposal, by submitting an Proposal, Respondent agrees to reproduction and posting on public websites by the State of Texas, including TDA and all other state agencies, without cost or liability.

5.3 DELIVERY OF RESPONSES

2. Responses shall be returned via E-mail to bidroom@texasagriculture.gov. Late responses will not be considered under any circumstance.

2. Respondents are responsible for all costs of response preparation.

2. Telephone and facsimile responses are NOT acceptable forms of submission. All submitted responses become the property of TDA after the solicitation submittal due date/ deadline. Responses submitted shall constitute an offer for a period minimum of ninety (90) days or until selection is made by TDA, whichever is earlier. Proposals, if accepted, shall remain valid for the life of the Contract.

Section III – Solicitation Response Evaluation and Award Process

1. EVALUATION CRITERIA

4. Conformance with State Law Responses shall be evaluated in accordance with Texas Government Code, Sections 2155.074, 2155.075(a), and 2155.144; Section 2156.007; and Section 2157.003.