ESBD_361745_1718291018392_GO_TEXAN_Popup_Store_Management ESBD.docx

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

551000175

REQUEST FOR PROPOSAL (RFP)

DATE ISSUED

6/13/2024

GO TEXAN Popup Store Management Respondent must submit sealed response no later than 3:00 PM CT on through 7/15/2024, 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 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 Respondent, or recommending State of Texas debarment.

Texas Department of Agriculture

PCO 805 RFx Template Version 4 Revision 02/XX/2024 Table of Contents

PCO 900 RFX Template Page 2 of 2 Version 4 Release 03/01/2024

SECTION I – INTRODUCTION AND STATEMENT OF WORK

INTRODUCTION

The Texas Department of Agriculture (TDA), an agency of the State of Texas, issues this REQUEST FOR PROPOSAL (RFP) to solicit proposals from vendors for GO TEXAN Popup Store Management, 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 the Respondent’s proposal. Proposals 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, the Texas Department of Agriculture (TDA) was created to gather statistics on crops and livestock and to educate farmers on advanced farming methods and practices. Over time, the department’s responsibilities expanded significantly, including the absorption of the Texas Office of Rural Affairs and the State Office of Rural Health in 2011. Today, TDA performs a wide variety of regulatory, nutrition, economic development, and marketing activities, below are several illustrative examples as follows:

1) Regulating the growth and transport of agricultural commodities;

2) Administering federal and state nutrition assistance programs for children and adults;

3) Regulating agriculture-related activities in the marketplace to protect consumers, such as the sale of agricultural commodities and the use of pesticides;

4) Providing financial assistance to young farmers, rural healthcare facilities, and community infrastructure projects to promote economic development in rural Texas; and

5) Promoting Texas agricultural products locally, nationally, and internationally.

TDA has a statewide initiative that encourages Texas businesses that are partners of the GO TEXAN (GT) program to participate in GT Popup Stores that occur at a variety of events across the state. GT is a TDA branded partnership program available to producers of Texas products. Participating in a GT Popup Store is a benefit of being a partner of the GT program.

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, Title 10, Subtitle D, Chapter 2156, Subchapter C, Sections §§2156.121 – 2156.127. Pursuant to Section §2155.131 of the Texas Government Code and 34 TAC §20.82. Competitive sealed proposals will be received before the deadline set forth below in this solicitation.

Definitions The following words and terms 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 proposals, amendments to the solicitation, schedules, or special provisions incorporated into the contract. This term also includes a purchase order. A purchase order is a legal document between two parties to purchase and sell commodities and/or services.

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 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 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."

Division’s definitions:

18) Adequate Staffing means the number of staff necessary to fully operate the GT Popup Store. A minimum of two (2) staff are always present within the GT Popup Store.

19) Dedicated Cashiers means staff available and posted to actively operate registers.

20) On the Floor means staff are actively working throughout the GT Popup Store.

21) Trained Individuals means persons with demonstrated knowledge of inventory intake, storage, and placement, and the expedient return of inventory in the condition it was received. Trained individuals must also possess demonstrated knowledge in the use of Contractor’s technology and equipment, the responsibilities and ethics associated with the acceptance of cash and other forms of payment from customers, and how to accurately make changes to customers for cash transactions.

Scope of Work/Specifications Texas Department of Agriculture (TDA) is seeking proposals from Respondents experienced in providing turnkey retail services in a fast-paced environment for the operation of GO TEXAN (GT) Popup Stores at events around the State of Texas. Services to be provided by the selected Successful Respondent(s). (Contractors) include, but are not limited to: inventory receiving, stocking, hiring and supervising qualified, professional store staff, operating cash registers, online sales tracking, accounting, distribution of revenues, and effectively communicating with GT partners that supply inventory for sale in the GT Popup Store they are managing. Successful Respondent is expected to provide exemplary customer service to meet the needs and expectations of our GT partners and constituents. Successful Respondent will be required to provide TDA with the deliverables as specified in this RFP and as agreed upon under any contract(s) resulting from this solicitation. TDA will oversee all performances as further described in this Statement of Work (SOW).

Goals and Objectives The goal of this solicitation is to obtain Contractor(s) who will manage specific GT Popup Stores across the state. Contractor(s) will:

1) Create and implement a GT Popup Store policy; and

2) Create and implement a retail operation for the GT Popup Store

Deliverables Successful Respondent must provide a turnkey solution for GT Popup Store retail operations during specified event(s). Special events may include, but are not limited, to the following:

· Fort Worth Stock Show & Rodeo – January 17 – February 8, 2025;

· Houston Livestock Show & Rodeo – March 4 – 23, 2025;

· Rodeo Austin – March 14-29,2025.

Operations of the GT Popup Store require a Successful Respondent to coordinate with TDA beginning upon and until all final reporting and payments have been made to participating GT partners and TDA. GT Popup Store operations require Successful Respondent to undertake the following work:

1) GT Popup Store setup;

2) GT Popup Store staffing;

3) Inventory management procedures;

4) Daily operations of GT Popup Store;

5) Point of sale system; and

6) Reports.

Service levels

Property loss and discrepancies: Successful Respondent must pay for all losses that are above the threshold based on the retail price for the product(s) less commissions, including shipping, transportation, or mailing costs to the GT Popup Store, with payment for losses or discrepancies being made simultaneously with payment for product sales.

Acceptance Criteria GT Popup Store Policy

B. The store policy must address, at a minimum, the following matters:

1) Product SKUs and pricing;

2) Quality assurance procedures;

3) Product receipt and return procedures;

4) Storage procedures;

5) Inventory stocking procedures;

6) Daily sales and inventory reporting procedures;

7) Loss prevention procedures;

8) Payment processing procedures;

9) Contractor communication with TDA;

10) Conflict resolution policy;

11) Calendar of events for GT partners; and

12) Project schedule;

i. For each event, a draft schedule must be submitted and include milestones for the key dates prior to commencement of the GT Popup Store operations through cessation of the GT Popup Store operations. TDA will work with the Contractor to complete a suitable schedule after an event is identified.

C. Store Policy is submitted via email in .doc format and is subject to amendment and final approval by TDA prior to distribution to GT partners.

B. Recommendations for startup inventory and pricing. Final product pricing is made at GT partner’s discretion.

C. Process for stock replenishment.

D. Information on how GT partners will provide product barcode labels. Contractor can choose to print barcode labels for all businesses who do not have them already at the expense of the GT partners.

B. Contractor coordinates with GT partners within 10 business days of receiving the GT partner’s contact information from TDA to develop an agreed upon plan for receiving and stocking GT Popup Store merchandise, including any special instructions for product storage and display. Failure to reach a GT partner within the required 10 business day period for coordination of storage and finalization of an inventory plan should be documented in writing and communicated to TDA and the GT partner via email.

B. If decided upon, TDA will share sampling schedules (subject to change, with updates as soon as available) with the store Contractor prior to the start of the GT Pop Up Store. Contractor should use these sampling schedules to anticipate increases in GT Popup Store sales during and sampling times.

C. Contractor should use predictor indicators to estimate product use and need for replenishment notifications to be sent to partners.

B. Procedures detail Contractor’s plans for preventing spoilage, breakage, and theft.

B. Procedures discuss frequency at which stocking and receiving inventory will take place.

C. Procedures contain shipping address where GT partner merchandise will be received prior to the start of and during the event.

D. Procedures show that shelf restocking is a daily part of the GT Popup Store operations.

B. Procedures include detailed information about how to access the reports and what information is provided. Information specific to each GT partner, should be provided to that GT partner only as well as to TDA, during the course of the event.

B. Procedures discuss how Contractor plans to maintain inventory controls in the GT Popup Store and storage space.

B. Other incidental fees are fully described.

C. Failure to itemize all fees may result in inability to charge GT partners for those costs.

D. Contractor may not assess a delivery postal charge for mailing checks or transmitting payments to GT partners or assess any type of fee or costs for communicating with GT partners. For example, Contractor may not assess a fee against a GT partner for sending a certified or special delivery letter to a GT partner, or for sending a fax to a GT partner. TDA reserves the right of final approval of all incidental costs and fees.

B. Contractor will immediately contact the GT Coordinator at a phone number provided by TDA for issues concerning security, staffing, and GT Popup Store internet connectivity.

B. The project schedule must be submitted to TDA within 30 days prior to each event.

C. The project schedule includes key dates which includes but is not limited to:

1) Finalized written store policies and procedures;

2) Contacting store participants;

3) Processing barcodes;

4) Arranging and receiving delivery of partner products;

5) Setting up partners merchandising days;

6) Establishing a deadline for delivery of partner products;

7) Commencing GT Popup Store operations (contemporaneous with the beginning of the event);

8) Ending GT Popup Store operations (contemporaneous with the end of the event);

9) Establishing product pickup dates for partners’ remaining products; and

10) Setting a date for paying all GT partners with product sales at the GT Popup Store.

D. Schedule includes Respondent’s recommendations for contract status, management, and oversight meetings every two to four weeks, or as needed in between. TDA will coordinate with Contractor and establish a schedule for performance reviews, which will be incorporated into the final version of the project schedule.

E. Proposed schedule is as efficient as possible while maintaining accounting and effectiveness.

5.2.2.2. Retail Operations of GT Popup Store

B. Contractor must have GT Popup Store shelves stocked, including proper barcoding of all GT Popup Store participant merchandise and accurate entry of all products into Contractor’s point of sale computer systems, prior to the event. If partners ship products late and delay shelving or pricing, proof of communication and other documentation will need to be provided by the Contractor to TDA.

B. Contractor ensures Adequate Staffing of competent and Trained Individuals to ensure that all inventory is received, stored, displayed, stocked, and sold in the most customer-focused and friendly manner possible.

C. Additional staff may be required on certain days of the event if higher traffic is expected. Notice will be provided to Contractor in writing as soon as practical in advance of the additional high traffic period(s).

D. Staff are professional, customer oriented, friendly, maintain a neat appearance, and are dressed in attire that presents a positive business image for TDA and GT partners. See Section I, Subsection 6.5, Paragraph 3 and Paragraph 5 for more detail on how staff should present themselves within the GT Popup Stores.

B. All shelving assignments are made by TDA and are final.

C. Contractor coordinates with GT partners to identify stock, inventory and supply needs regularly and in a timely manner throughout the duration of the event. GT partners are responsible for contacting Contractor with requests or concerns.

D. Contractor manages inventory at all times to ensure shelves are fully stocked throughout the day for the duration of the event. All stocking issues brought to Contractor by GT partners or TDA staff shall be resolved within 24 hours, seven days a week. If issue cannot be resolved within 24 hours, a written justification must be emailed to the partner and to TDA at GOTEXANEvents@TexasAgriculture.gov.

E. Contractor maintains sufficient communication and provides information to ensure that sufficient inventory is maintained during the event. Contractor notifies GT partners when available inventory is less than three (3) calendar days supply to allow adequate time for GT partners to ship and deliver additional inventory to the event.

F. Contractor ensures that all GT partner products requested to be returned at the end of the event are inventoried, photographed, and shipped back to the GT partner, at the GT partner’s cost. Contractor may charge partners reasonable shipping fees as outlined in the store policy but should be the most economical manner while maintaining efficiency. Contractor is responsible for product packaging, shipping, and conditions of product upon its return, as well as resolving any stock discrepancies (subject to loss allowance in Section 1, Subsection 6.5, paragraph 5.

G. If GT partner does not want inventory shipped back, inventory will become the property of TDA to be disposed of or used at the discretion of TDA, as deemed appropriate. Unwanted inventory must be inventoried and transferred to TDA no later than 3 calendar days after the end of the event.

H. In the event of damage or spoilage, Contractor immediately documents damaged or spoiled inventory by providing a detailed written account of the circumstances which caused the damage, the total amount of product affected, and submits photograph(s) of the affected product and surrounding areas, to TDA and to the GT partner by email within 24 hours of discovery.

I. Contractor may provide GT partners transport services for inventory pick-up prior to the event, and inventory return at the end of the event, at an additional cost to the GT partner. All fees for shipping, packaging, and other incidental costs must be detailed and itemized in the Contractor’s Store Policy and must be fully disclosed to the GT partner and approved prior to shipment.

B. Contractor is solely responsible for ensuring that all accounting is accurate, funds are secured, and electronic records are backed up daily.

B. POS system includes necessary cables, hardware, software, cash registers, and other items necessary to provide GT Popup Store visitors with a convenient and expedient shopping experience at time of check-out.

B. TDA is provided with system access to test performance of this deliverable 2 weeks prior to the event.

B. Accounting reports include total sales for each GT partner, sales of GT merchandise (if any), and a calculation of Contractor commission (if applicable).

C. Contractor must receive approval from TDA prior to the processing and mailing of checks or processing direct deposit/electronic transfers to partners for GT Popup Store sales.

B. GT Popup Store payments include Contractor’s information (including a current telephone number and email address), and a final sales report detailing total sales, deductions for commission, and outline any other applicable fees which were deducted.

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 in the table above.

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.

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

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

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.

Invoice Submission Successful Respondent 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.

Invoices shall be submitted within 30 days after an event has concluded and all reporting requirements have been met.

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.

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.

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) Oversight and review of all GT Popup Store operations by Contractor including, but not limited to, bookkeeping, auditing, and permitting requirements.

2) Management of all GT partner participation, including processing of applications and fees for participation in the GT Popup Store, shelf and placement requests, and review of compliance with insurance and GT partnership requirements.

3) Provide Contractor with a list of participating GT partners as soon as it becomes available, but no later than 30 days prior to the start of the event. TDA will continue to provide updated information to Contractor as it is received.

4) TDA shall provide the final GT Popup Store layout and product placement 2 weeks prior to the start of the event. All placements are final, and no changes shall be made after that date unless determined to be in the best interest of TDA, GT partners, and customer experience.

5) TDA will have final approval of all media, social media, and special events related to the GT Popup Store.

6) Ensure that GT partners’ concerns are being addressed and needs are being met in a timely manner by Contractor.

7) Provide a primary point of contact for TDA and to serve as a liaison with GT partners and Contractor.

8) Maintain a professional, friendly atmosphere that reflects the mission and values of TDA and the event.

9) Provide all display racks, shelving, shopping bags and decoration of the GT Popup Store.

10) Approve or seek correction of the final accounting report 5 business days after receiving it and provide notice to Contractor if any GT partner revenue or portions thereof must be withheld.

11) Inspect for approval, and monitor for compliance, all Contractor timelines and deliverables. Meetings, at request of TDA or Contractor, will be conducted as soon as possible.

12) Provide on-site storage areas for inventory.

13) Provide desired GO TEXAN signage for the store. All signage created by TDA for the store, will be created at TDA’s discretion.

14) Provide cash register stations, desired lighting, and electrical outlets for the store.

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) Contractor shall provide sufficient qualified staff and any necessary equipment and items needed to safely load and unload delivery trucks and GT partner vehicles and to move inventory and supplies safely to the storage area at the event and the GT Popup Store.

2) TDA staff will not assist Contractor with stocking or transportation of partner products, will not allow Contractor to access or use TDA equipment, or assist Contractor with stocking or transportation during setup, daily operations, or tear down.

3) Contractor must supply Point of Sale (POS) and inventory systems, along with all other computer and/or information systems and specialized equipment necessary for operation of the GT Popup Store, including warehouse, product stocking and transportation functions.

4) Uniforms. Contractor must provide, and staff must wear, a uniform in a color and design approved in writing by TDA prior to commencement of the event. Any uniforms worn by the store Contractor employees must not give the impression that the workers are employees of TDA or GO TEXAN. Uniforms shall not include the GO TEXAN mark, TDA seal, or any reference to TDA. Staff may not at any time, wear clothing with slogans, brand names, or writing other than the name or logo of the Contractor, and may not have exposed undergarments, or torn, suggestive, or see-through clothing.

5) Contractor supplies internet services at a speed which facilitates consistent and timely processing of inventory check in and check out and customers’ transactions using the POS system without interruption from the time partners product is being received thru the time product is returned to the partner or becomes the property of TDA. Contractor shall provide for immediate business continuity should the internet service fail for any reason.

6) Inventory management. Contractor shall be responsible for inventory discrepancies or losses due to theft, breakage, spoilage, vermin, or other causes that are Contractor’s responsibility or under its control and shall take steps to minimize any and all product loss or inventory deficiencies. Subject to the signed written consent and approval of a TDA executive officer or program administrator, Contractor may set modest thresholds in Contractor’s store policy, based on a percentage of sales, which establish thresholds for product loss and inventory discrepancies, where losses or discrepancies above the threshold are the responsibility of the Contractor.

7) Professional behavior of all store Contractor employees. It is imperative that all employees of the GT Popup Store Contractor behave in a friendly, professional manner. Any issues that come up related to customer service must be addresses and corrected immediately, including replacement of a Contractor employee, if necessary.

8) Contractor is not required to be a GT partner to manage the GT Popup Store. If Contractor is an eligible GT product partner, Contractor may apply to sell their own manufactured products in the GT Popup Store by submitting a GT Popup Store application. Contractor is not entitled to receive discounts for shelf space or other fees and shall not be eligible to register for more than the equivalent of 10% of metro and refrigeration units combined. TDA will be given the percentage of commission that the Contractor makes from selling their products in the GT Popup Store based on the payment agreements established in this Contract.

9) All products sold must be produced subject to and comply with all statutory and regulatory requirements, including local health department standards.

10) Any shelf, display, cooler, or cash register space must be purchased by the GT Popup Store Contractor at the rate available to other GT partners. No discounts will be provided, and any other fees, including late fees, will not be waived.

11) Fees. Contractor shall not charge any additional fees or seek reimbursement for costs incurred in fulfillment of this Contract, from GT partners without express written permission from TDA. (Example: Contractor shall not charge partners fees for mailing/tracking their checks at the conclusion of the event).

12) The GT Popup Store will remain open and conduct operations in conjunction with the event. The GT Popup Store will not be closed due to inclement weather unless the event officially closes.

13) Contractor must submit the final accounting report for the GT Popup Store within 2 weeks after the end of the event. Accounting reports include total sales for each GT partner, sales of GT merchandise (if any), and a calculation of Contractor commission (if applicable).

14) Contractor provides full income and expense reports to TDA for the GT Popup Store business operations no later than 30 days after the last day of the event, including details of expenditures including wages, insurance, supplies, software maintenance, utilities, etc.

15) Ownership of Work TDA owns all services performed and all documents created or produced pursuant to this RFP. This includes, but is not limited to, the GT Popup Store policy, daily operations of the GT Popup Store, and any and all reports that are pulled. Contractor relinquishes all rights in and to such services or materials. Contractor must provide all data files in a format acceptable to TDA for use, reproduction and/or revision.

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 the Texas Administrative Code, 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…