ESBD_369215_1722443839029_Document_PCO_805_FINAL.docx

Texas Department of Agriculture (TDA) Purchasing and Contracting Office 1700 N. Congress Avenue Austin, Texas 78701 Pesticide Collection and Disposal Events

REQUEST FOR PROPOSAL (RFP)

DATE ISSUED

7/31/2024

Respondent must submit sealed response no later than 3:00 PM CT on through 8/14/2024, to the following address:

Attention: bidroom@texasagriculture.gov For information contact:

Joselene Mora Phone: (512)463-7805 E-mail: Joselene.Mora@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 posted on the Electronic State Business Daily (ESBD).

ATTENTION: It is the responsibility of interested parties to periodically check the above method for updates to this solicitation prior to submitting a response. Respondent’s failure to periodically check the method above will no way release the selected Respondent (Contractor) from “addenda or additional information” resulting in additional costs 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 04/26/2024 Table of Contents

PCO 805 RFX Template Page 2 of 2 Version 4 Release 05/22/2024

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 pesticide collection and disposal services related to hazardous waste collection and disposal of abandoned and unwanted agricultural pesticides and other regulated waste, as described in this Section II 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.

This includes hosting pesticide waste collection events in coordination with the Texas Department of Agriculture, where participants can drop off unwanted pesticides, free and anonymously, for proper disposal by the selected contractor.

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. 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.

The total amount of compensation under the Contract may not exceed the amounts appropriated for purposes of consolidation and modernization of legacy system and new licensing system, as dictated by TDA’s capital budget pursuant to H.B. 1, General Appropriations Act for the Biennium 2024-2025, 88th Tex. Leg., R.S., Art. VI, pp. VI-4.

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.

The Department has regulatory responsibility to ensure licenses are appropriately issued and renewed. TDA strives to provide accessible and responsive services that strengthen public safety and consumer protection. Today, TDA performs a wide variety of regulatory, nutrition, economic development, and marketing activities, such as:

1) Regulating the production and transport of agricultural commodities and reviewing commodity board budgets;

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

3) Regulating agriculture-related activities in the marketplace to protect consumers, such as retail package content and weighting device calibration and the registration and use of agricultural, residential, and commercial site pesticide applications;

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

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

The Texas department of agriculture has established an annual fund to cover the cost of administering pesticide waste and pesticide container collection activities due to the passing of 2019 Texas house bill 191. The collection events are intended to give agricultural producers the opportunity to properly dispose of banned or unwanted pesticides. The events are free, voluntary, and anonymous for participants. The annual funding for such events is not to exceed $400,000 per year via funding through TDA pesticide product registration fees plus three additional renewals. Pesticides held in storage for a long time are more prone to leaking and are susceptible to damage from fires and natural disasters which can cause a negative environmental impact. During our first contract and renewal period for this fund, TDA held eight pesticide waste disposal events which received ample participation signifying the continued importance for such events in the agricultural community. Between the eight events, over 675,000 pounds of pesticide waste was collected from over 450 participants. Event participation is still expected to be high during the next contract period as we service communities where events have not been held in nearly a decade. This will allow for 2-3 events per year with increased and more frequent events over time.

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 TAC §20.82. Competitive sealed proposals will be received before the deadline set forth below in this solicitation.

Definitions The words and terms listed below 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) Addendum means a written clarification or revision to the solicitation issued by the TDA. Bidder must acknowledge receipt of any addenda in the submission of the Bid.

2) 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.

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

4) Centralized Master Bidders List, 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.

5) 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. Purchase order is a legal document between two parties to purchase and sell commodities and/or services.

6) 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.

7) 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.

8) Days means calendar days unless otherwise specified.

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

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

11) Historically Underutilized Business (HUB) as defined by Chapter 2161 of the Texas Government Code.

12) 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.

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

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

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

16) Respondent means an entity or individual that submits a proposal or offer

17) 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.

18) Solicitation means this REQUEST FOR PROPOSAL (RFP) ,

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

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

Scope of Work/Specifications TDA is seeking a proposal(s) from respondents to provide comprehensive pesticide and disposal services. TDA will oversee all performances as further described in this Statement of Work (SOW).

· Work with TDA to provide pesticide collection and disposal events within the established budget. This includes providing adequate staff to collect, package, and transport pesticide waste anywhere from 10,000 to 300,000 pounds from 10 to 200 participants in a single day event;

· Review designated collection sites selected by TDA to ensure usability and develop a site plan for each event with adequate staffing and equipment;

· Have an emergency action plan in place in case an accident or inclement weather occurs. Responses are required within 48 hours of request;

· Visually screen all waste prior to its removal from participant vehicles for unidentified or unacceptable items; unacceptable items include dioxins (2,4-5T, Silvex, TCDD, etc.); phostoxins; gas cylinders; and fumigant canisters.

· Unload all acceptable waste from participant vehicles;

· Comply with federal, state, and local regulations regarding the packaging, transportation, storage, recycling, and disposal of pesticide waste and pesticide containers;

· At the request of TDA, the Successful Respondent shall package, label, manifest, load, transport, and dispose of wastes;

· Provide a price per pound for disposal for various liquid and dry pesticide formulations. This price shall be all-inclusive for proper handling, packaging, treatment, and disposal of the pesticide waste product;

· Provide pricing for equipment and services related to collection events. To include, but not limited to: set-up and break-down of site, technicians, Chemists, Project Manager, security, portable scales, dumpster, signage, traffic cones, pre/post site environmental testing, and decontamination supplies; Collection Station Operations: Successful Respondent shall operate the collection station in the following manner:

· Chemists and technicians shall unload the vehicles and place the waste in tubs located on receiving tables within the collection station. Only wastes approved by the Department at the site or approved by the Department in writing on a collection eligibility list shall be unloaded from the vehicles. The Department and Successful Respondent shall jointly decide on the number of workers unloading vehicles during collection activities. In the event of dispute, Department decision shall prevail. The chemists shall also question drivers of the vehicles to ascertain the contents of the wastes;

· Chemists shall remove the wastes from the receiving tables and sort them by disposal classification. Technicians may assist chemists in performing this task only under the direct supervision of a chemist or the vendor’s project manager.

· Technician shall be responsible for unloading waste from incoming vehicles, packing, moving and bulking the collected wastes and documenting the nature and amounts of the collected wastes.

· Project Manager/ Safety Officer- The Successful Respondent project manager shall oversee all collection station operations and worker safety. This individual has overall responsibility for mobilization, operation and demobilization of the collection station, including staff adherence to the site safety and contingency plan

· Site Security: The Successful Respondent is responsible for site security and safety prior to, during, and subsequent to operation of the collection station, until complete demobilization. The Successful Respondent shall provide insurance coverage sufficient to protect the Department, the State, their agents and employees, volunteers, site owner and/or operator and any third party from any claims which may arise as the result of breaches of security;

· Ensure no environmental contamination occurs;

· Successful Respondent shall, at Contractor's sole cost and expense, assume responsibility for and respond, in accordance with all Applicable Laws, to any and all leaks, spills, and other emergencies occurring in connection with performance of the services;

· Successful Respondent shall furnish and pay for all labor, permits, licenses, insurance, materials, tools, equipment and services required to provide the covered services;

· Successful Respondent’s current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing Respondent to perform Services including, but not limited to licenses, registrations or certifications allowing Respondent to engage in hazardous and regulated waste management, transportation and disposal services within Texas; Have adequate permitted Treatment, Storage and Disposal Facilities, permitted transfer stations, and transportation equipment to handle volume of pesticide waste collected at each event;

· Successful Respondent shall provide general guidance services at no additional cost to TDA regarding proper and safe segregation of waste in compliance with all Applicable Laws with respect to the Services;

· Utilities: Successful Respondent shall be responsible for providing all necessary utilities at the collection stations (including, but not limited to the power supply);

· Site Security: Successful Respondent is responsible for site security and safety prior to, during, and subsequent to operation of the collection station, until complete demobilization. The Successful Respondent shall provide insurance coverage sufficient to protect the Department, the State, their agents and employees, volunteers, site owner and/or operator and any third party from any claims which may arise as the result of breaches of security;

· This cost shall include all activities and services of the Successful Respondent relating directly or indirectly to all administration efforts. Specifically, this shall include planning, permitting, and arranging for disposal; mobilization; operation for one day at collection station; and demobilization. This cost shall include all personnel, equipment, and fixtures;

· Payment will be made on a per event basis; and

· Successful Respondent shall completely demobilize the collection station which shall include, but not be limited to, the removal of all wastes, packing materials and debris, dismantling of all structures and removal of signs, traffic barriers, clean-up of spills, if any, to the satisfaction of the Department, and the like. The Department shall be in no way liable for damage to the site or to property at the site; any such damage shall be the sole and exclusive risk of the Successful Respondent.

Goals and Objectives The goal of this solicitation is to obtain services from a contractor who will provide collection and disposal services for pesticide containers. Successful Respondent will provide the following:

1) Provide collection and disposal services for unwanted agricultural pesticide products and pesticide containers; and

2) The goal of this program is to get rid of abandoned and unwanted pesticides that pose a risk to human health and the environment. Pesticides held in storage for a long time are more prone to leaking and are susceptible to damage from fires and natural disasters which can cause a negative environmental impact. The proper disposal of pesticides can be costly, and this program is to ensure those holding these products have a safe and proper way to dispose of them.

Deliverables

1. Hourly price for Staff

Table B: DELIVERABLES BY TASK DETAIL

Work Plan

Develop and submit a pre-event plan for collecting and transporting collected material at the selected site. The contractor will work with TDA to develop 2-4 weeks prior to each event to determine best site plan regarding traffic flow, unloading zone, and equipment storage.

The work plan must identify all tasks the Respondent will undertake to carry out the scope of work, including the timeframe for execution of same. The work plan must also identify the employee(s) responsible for completion of each task. TDA must give final approval of a work plan before work can commence. The work plan shall be submitted in a form and format approved by TDA.

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:

After the completion of each event, the contractor will provide TDA the following within 30 business days:

1) a report detailing the types and total amounts of hazardous waste collected; and

2) Itemized invoice of services per event

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 6)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 The 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 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.

E. 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.

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

G. 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 is responsible for planning, leading, and executing the work activities that are required for the completion of the Project. TDA will look solely to Respondent for the performance of all contractual obligations that may result from an award based on this solicitation.

Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

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;

C. Provide adequate TDA staff to facilitate each event including traffic control and questions;

D. Contract manager will work with local TDA Regional and AgriLife Extension Service staff to obtain a site that in adequate in size to host each pesticide collection event; and E. Contract manager will attend each event or provide an adequate alternative from TDA Agricultural Program Staff to attend, to ensure selected contractor provides pesticide collection services in a safe and professional manner to the event participants.

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

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

1. Event Responsibilities A. Work within the contract budget B. Visually inspect materials brought in for collection and notify the agency of any discrepancies on acceptable materials C. Provide all materials required for collecting, packaging, transporting, and disposing of pesticide waste collected D. Unload all acceptable waste from participant vehicles and package for transportation to disposal site.

E. Comply with federal, state, and local regulations regarding the packaging, transportation, storage, recycling, and disposal of pesticide waste and pesticide containers F. Ensure no environmental contamination occurs and have a cleanup plan in place in case of accidents

2. Project Plan A. Present the proposed Project plan for approval;

B. Maintain the approved Project plan for the contract period;

C. Identify potential deviations from the plan; and D. Notify TDA’s Contract Manager with a solution to stay on schedule.

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

4. Documentation A. Provide detailed invoice within 30 business days of each collection event B. Provide liability insurance policies information Security Requirements (placeholder)

Project Change Management Any proposed changes to be made within the Contract, whether initiated by TDA or Contractor, must receive final written approval in the form of a Contract amendment and/or Purchase Order Change Notice (POCN).

Change in Scope 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, whether initiated by TDA or the 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.

Quality Assurance TDA will approve all proposed work prior to Contractor carrying out the work, to ensure that it meets the needs of this Contract.

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 between TDA and Contractor is conducted prior to final payment and Contract closeout; and

8) final payment has been made to the contractor.

TDA’s Contract Manager must also ensure that vendor performance is reported to the Comptroller’s Vendor Performance Tracking System (VPTS) and that the contractor is aware of and is in compliance with records retention requirements.

contract term 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.

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. If renewal options are exercised, TDA will provide the new timeline and delivery schedule to Contractor. The total duration of performance under an option renew term shall not exceed the three (3) one-year renewals to be exercised by TDA at its sole discretion. Each option to renew term shall run concurrently with the state fiscal year as follows:

Option Year 1 9/1/2025, through 8/31/2026 Option Year 2 9/1/2026, through 8/31/2027 Option Year 3 9/1/2027, through 8/31/2028 TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

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.

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 posted on the Electronic State Business Daily (ESBD).

Solicitation Publication on posted on the Electronic State Business Daily (ESBD) the Electronic State Business Daily (ESBD) at:http://www.txsmartbuy.com/esbd 7/31/2024

Addendum Posted on the Electronic State Business Daily (ESBD)

8/8/2024 (estimated)

Ending Date of Contract:

8/31/2025

INquires 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:

Joselene Mora E-mail: Joselene.Mora@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.

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 Proposal. Each Respondent is solely responsible for verifying TDA’s receipt of its questions, if applicable, and its Proposal 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.

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 https://www.txsmartbuy.com/esbd. 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.

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

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.

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 inquiries 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.

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 on the ESBD website. 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.

3) DIR Contracts (only): Any subcontractors must be listed on the Respondent’s approved DIR HSP for their contract. DIR will work with Respondent in the event a new subcontractor needs to be added.

4) HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Reports (PAR’s). Per TAC §20.285 (6)(g) The contractor shall submit a Progress Assessment Report to the state agency with each invoice, in the format required by the comptroller. A state agency may, at its option, allow electronic submissions of the compliance report required by this subsection so long as the electronically submitted compliance reports are in the format and contain all information required by the Comptroller. The Progress Assessment Report shall be a condition for payment. TDA may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

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.

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.

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. Vendors must register for the vendor conference prior to the conference date. Please use the following link for conference registration:

· 8/5/2024

· https://events.teams.microsoft.com/event/2104e366-70cf-408b-8fdd-11225c9a84c6@0d16d504-d03a-4e2e-8316-8408747d7c7f

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.

SOLICITATION RESPONSE COMPOSITION AND DELIVERY

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.

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 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

1) 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.).

2) Body of E-mail The body of each e-mail must include the following information:

A. Respondent’s name B. Contact Name for Respondent C. Phone number for Respondent’s Contact D. Solicitation number from cover page E. 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.

3) 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.

4) 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.

5) All required forms must be electronically signed or manually signed with scanned signatures;

6) 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 labeling 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.

C. TDA will not be held responsible for any solicitation Response that is mishandled prior to…