ESBD_371543_1723240771463_Formal_IFB_ FINAL.docx

Texas Department of AgricultureIFB 5510000324

Texas Department of Agriculture Purchasing and Contracting Office 1700 N. Congress Avenue Austin, Texas 78701

Invitation for Bid #5510000324 Mobile Road Station Command Trailers NIGP Class-Items: 073-00, 073-05, 073-08, 073-47, 073-60

Procurement Schedule - All Times are Central Time Reference Section II for further information

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. Bidder’s failure to periodically check the ESBD will in no way release the selected Bidder from “addenda or additional information” resulting in additional cost to meet the requirements of this solicitation.

IFB 5510000324 Texas Department of Agriculture Page intentionally left blank.

Table of Contents

PCO 807 Formal IFB Template Page 2 of 2 Release 05/31/2022

SECTION I – INTRODUCTION AND specifications

INTRODUCTION

The Texas Department of Agriculture (TDA or Department) is soliciting bids for two (2) Mobile Command Trailers for use by TDA. These trailers will be used to conduct inspections of quarantine articles coming into and moving through the state. Inspections will be conducted at various Texas Department of Public Safety weigh stations and other available inspection points. As requested, the trailers should be aluminum gooseneck, aluminum in color, with an overall length not including tongue shall be in a range of approximately twenty-eight (28) feet, with an acceptable variance of 2 feet. The overall towing width shall not exceed eight (8) feet 6 inches. Each trailer shall be an outfitted with an enclosed tandem axle cargo trailer with features that include: a minimum of three (3) desk-type work areas, one (1) restroom with a toilet, sink with faucet and a towel rod, a refrigerator of four (4) cubic foot or greater that is operational on gas or electricity, a microwave of .9 cubic foot or larger which is cabinet mounted, a 2-gallon electric water heater mounted under sink, equipped with TV, Wi-Fi capability, satellite capability, 4KW gas-fueled generator, 16-foot electric awning, D ring in the floor of the rear compartment, electric jack on gooseneck, exterior lights around the trailer, a freshwater tank of approximately fifty (50) gallons in capacity (acceptable variance of 10 gallons), a wastewater tank of at least forty (40) gallons (acceptable variance of 10 gallons), rear drop down ramp door with a nonskid surface with a minimum weight capacity of approximately five hundred (500) lbs., axle rating of 7,000 pounds, along with other specifications listed in Section 4 of this Invitation for Bids (IFB).

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, the Department’s responsibilities expanded significantly, including the absorption of the Texas Department 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, such as:

· Regulating the growth and transport of agricultural commodities;

· Administering federal and state nutrition assistance programs for children and adults;

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

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

· Promoting Texas agricultural products locally, nationally, and internationally.

Specifically, Chapter 71 of the Texas Agricultural Code charges the Department with establishing and enforcing quarantines against out-of-state diseases and pests to safeguard the state’s horticultural products and crops. The trailers will be used under Chapter 71.005 of the Texas Agricultural Code to “prevent the movement, from a quarantine area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine or is not found in the pest-free area.”

Legal Authority This IFB 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 2155, Subchapter B, Sections 2155.074 – 2155.075. Competitive bids will be received until the deadline set forth below in this IFB.

Definitions These definitions shall apply to this IFB, including the Terms and Conditions attached to the IFB, and any Contract or Amendment entered into by the parties as a result of this IFB. The words and terms listed below shall have the following meanings unless the context clearly indicates otherwise:

1) Addendum means a written clarification or revision to the IFBs issued by the TDA. Bidders 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 any Bidder(s) selected for an award as a result of this IFB subsequent to the effective date of the Contract, which amends, changes, extends, modifies, or revises the Contract.

3) Bid means the response submitted by a vendor to the TDA as a result of this solicitation.

4) Bidder means any person or vendor who submits a bid in response to this solicitation.

5) CMBL means the Centralized Master Bidders List, which is a public website comprised of businesses interested in contracting with the state. It can be used by Bidders to identify potential Bidders and Historically Underutilized Businesses.

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

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

8) 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.

9) Effective Date means the date TDA's Deputy Commissioner or duly authorized designee signs and dates a Contract resulting from this IFB or, in the event a purchase order serves as the Contract, the date a purchase order is dispatched.

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

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

12) Solicitation means this IFB.

13) TAC means Texas Administrative Code.

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

Specifications/Statement of Work EQUIPMENT Specifications TDA seeks two (2) pieces of equipment that meet the following minimum specifications:

1) Trailer: Outfitted Enclosed Cargo Trailer Features:

a) Floor plan shall include:

a. Minimum three (3) desk-type work areas with wall-mounted monitors approved by TDA.

b. One (1) restroom located between the office and storage area, with one (1) toilet, one (1) sink with faucet, and one (1) towel rod installed near the sink.

c. One (1) office area with refrigerator and microwave.

d. Refrigerator shall be approximately four (4) cubic feet to five (5) cubic feet, selectable electric or gas operated.

e. Microwave shall be a minimum of .9 cubic feet or larger and in-cabinet mounted.

f. One two-gallon electric water heater mounted under the sink.

g. Fresh Water tank with approximately fifty (50) gallon capacity.

h. Wastewater tank approximately (40) gallon capacity.

i. Rear ramp door with a nonskid surface with a minimum weight capacity of approximately five hundred (500) lbs.

j. 10 linear feet of cargo space and 14 linear feet of office and bath space.

b) Tow and axle configuration:

a. Tow method shall be gooseneck pull.

b. Safety chains or cables shall meet Department of Transportation (DOT) Section 393.70 Coupling Devices and Towing Methods. Hooks and all connectors shall meet or exceed requirements.

c. Axle configuration: Tandem, approximately seven thousand pounds of rating or better.

d. Electric brakes sized to weight.

c) Dimensions:

a. Overall length not to exceed 32 feet 2 inches with a floor box length of 24 feet.

b. Overall towing width shall not exceed eight (8) feet six (6) inches.

c. Overall height shall not exceed 8 feet 6 inches.

d) Tires and Wheels:

a. Tires shall be rated in accordance with the current Tire and Rim Association Inc. (TRA) requirements or the tire manufacturer’s published load rating for highway use.

b. Aluminum wheel color and design to be approved by TDA at the time of award based on vendor’s options that meet or exceed current TRA requirements for the trailer.

c. The trailer shall include a spare tire and wheel that matches those on the unit.

d. Lockable carrier for spare tire and wheel shall be provided and mounted so as not to interfere with the operation of the trailer or loading and unloading of equipment.

e) Brakes:

a. The trailer shall be equipped with electric brakes.

b. The electric brakes shall be complete with an emergency breakaway feature that will automatically apply the trailer brakes upon disconnection from the towing vehicle.

f) Awning:

a. Overall length shall be approximately sixteen feet).

b. The operation of the awning shall be electrically driven.

g) Exterior Lighting and Reflectors:

a. Unit shall include exterior Light Emitting Diode (LED) type lighting, reflectors, clearance marker lamps, side marker lamps, plus any other mandatory components required for this type and size trailer in accordance with the Texas Transportation Code, §547.352 and 49 CFR §393.11. No stick-on reflectors are allowed.

b. Unit shall include a metal license plate holder with a lamp for illuminating the license plate. The holder shall be mounted on the rear of the unit.

c. Wiring harness shall be sealed and splice-free. Each wire shall be labeled per function.

d. The electrical circuit shall be equipped with an automatic circuit breaker for protection against electrical overloads.

e. Exterior porch lights shall be dusk-to-dawn photocell type or TDA-approved equivalent.

h) Air conditioner, Heater, Ventilation:

a. A/C Heat pump roof mount 15,000 BTU unit with ducted air.

b. Roof vent bath fan shall be twelve (12) Volt power.

i) Generator:

a. Minimum seven (7) kilowatt (kw) running watts gasoline-powered electric start generator with fuel gauge box.

b. Shall be mounted on the trailer with theft protection.

c. The generator fuel tank shall be approximately twenty (20) to thirty (30) gallon capacity end-fill style with fuel gauge.

j) Electrical System:

a. Electrical connection shall be fifty (50) Ampere (A) with National Electrical Manufacturers Association (NEMA) 14-50A plug.

b. Quantity one (1) 120V 15 A exterior outlet.

c. Quantity ten (10) interior outlets placed in workstation areas.

d. Wi-Fi and Satellite capability.

e. Fifty (50) A Transfer switch.

f. The electrical system shall be equipped with ground-fault circuit interrupter (FGCI) receptacles for outlets.

g. Two (2) Absorbed Glass Mat (AGM) 775 Cold Cranking Amp (CCA) Batteries.

k) Interior Lighting:

a. LED package interior lighting with wall mount light switch.

l) Safety Features:

a. Unit shall include two (2) fire extinguishers mounted in common areas.

b. Unit shall include two (2) carbon monoxide/smoke detectors/ alarms.

c. Unit shall include one (1) propane detector/alarm.

m) Color Selections:

a. Interior color to be approved by TDA at time of award from Contractor’s color options.

b. Exterior color shall be white, or another color approved by TDA at the time of award.

n) Options:

Bidder should provide a list of all options for TDA review and consideration to confirm trailer is built to meet requirements of TDA usage for emergency situations as a mobile command or temporary workspace.

Delivery Information

a) Freight Charges: Shipping shall be F.O.B. destination; therefore, unit prices must include all shipping, handling, fuel surcharges and delivery fees.

b) Delivery Schedule: TDA prefers delivery of the unit(s) by November 15, 2024. Bidder shall provide delivery terms with bid. Delivery schedule may be a factor in determining best value.

c) Contractor must contact TDA point of contact to schedule delivery date and time and shall provide at least one (1) week notice prior to delivery.

a. Trailer must be delivered to TDA’s warehouse at: 7031 B. US Hwy 290 E., Austin, TX 78723.

warranty requirements

During the warranty period, Contractor shall be responsible for labor, materials, and other costs as outlined below associated with required warranty repair. It is the intent of this warranty that Contractor performs warranty repair work.

Units shall be warranted against all defects in material and workmanship for a period of not less than 12 months of use and shall cover 100% parts and labor for the unit(s). If the manufacturer’s standard warranty period exceeds 12 months, then the manufacturer’s standard warranty period shall be in effect. The warranty begins on the date the unit is determined to meet specifications and customer acceptance is complete.

An extended warranty beyond the initial coverage period may be bid as optional.

The contractor should disclose any available extended warranties for components, for appliances, electronics, AC’s, heaters, etc.), The required service agreement and warranty, as well as extended warranty, if any, shall survive the expiration of the Contract for the mutually agreed upon terms of such agreement and warranty period(s).

performance tests and requirements

TDA may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TDA may also test and inspect goods and services before they are purchased under the Contract. Authorized TDA personnel shall have access to Bidder’s place of business for the purpose of inspecting the goods. To the extent practicable, TDA inspections will not disrupt Bidder’s daily operations. Tests shall be performed on samples submitted with the Bid or on samples taken from regular shipments. All costs of testing and inspection shall be borne by Bidder. In the event the goods tested fail to meet or exceed all conditions and requirements of the Solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to Bidder or held for disposition at Bidder’s expense. Latent defects may result in cancellation of the Contract at no expense to the state or the Department.

If equipment fails to meet specifications, Bidder will be notified by fax/mail or e-mail. Bidder will have ten (10) working days after receipt of the notification to remove the rejected equipment from state property. The equipment will be removed at Bidder’s expense. Equipment not removed in the allotted time period will be disposed of by TDA. Bidder will be charged for all disposable expenses of the equipment conducted by TDA.

Bid submission requirements:

1. Descriptive literature/Contractor’s Data Sheet. All Bidders shall submit detailed, descriptive literature with their bids.

2. Dealer owned and authorized service. Bidders shall state the names, number, and locations of dealer owned and authorized mobile service centers with their bids.

3. Approval drawing. A drawing of the mobile road station command trailer apparatus shall be provided with the bid. After the bid is awarded, an engineered drawing shall be submitted by awarded Bidder to TDA for final approval assembly begins. The sales representative shall also have a copy of the same drawing. The finalized and approved drawing shall become part of the Contract. This drawing shall indicate the chassis make and model, location of the lights, horns, compartments, major components, etc. A “revised” approval drawing of the mobile road station command trailer apparatus shall be prepared and submitted by the manufacturer to the purchaser showing any changes made to the approval drawing.

4. Specification sheet. A specification sheet of the mobile road station command trailer apparatus shall be provided with the bid document. After the bid is awarded, a specification sheet shall be submitted by awarded Bidder to TDA for final approval assembly begins. The sales representative shall also have a copy of the same specification sheet. The finalized and approved specification sheet shall become part of the Contract. This specification sheet shall include, but is not limited to, the chassis, make, and model. A "revised" approval specification sheet of the weight truck apparatus shall be prepared and submitted by the manufacturer to the Department showing any changes made to the approval specification sheet.

contract term Initial Contract Term:

The Contract shall commence on the Effective Date and continue through 11/15/2024, 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.

contract renewal (placeholder) Contract Extensions (PLAceholder) Termination:

The Contract, if any, resulting from the award of this IFB shall terminate upon full performance of all requirements contained in the Contract, unless otherwise extended, as provided in accordance with the Contract terms and conditions.

Invoicing Contractors must submit payment requests based on the deliverables. Invoices must be submitted within 30 days after delivery of product or service. Each invoice must prominently display the Purchase Order number, include details for each expense consistent with the solicitation requirements, acceptance date of the delivery, provide any discount for early payment, and provide any other information requested by TDA.

a. Invoice Submission The Successful Bidder 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.

b. Invoices must include:

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

ii) Receiving entity name;

iii) Contract/Purchase Order number;

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

v) Total price;

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

vii) Attach supporting documentation, if required.

c. Payment:

i) 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.

ii) 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.

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

SECTION II – ADMINISTRATIVE INFORMATION

1. SCHEDULE OF EVENTS

TDA intends to proceed according to the schedule below. 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 bidders through a posting on the Electronic State Business Daily as an Addendum.

INQUIRIES

Sole Point of Contact All requests, questions, or other communications about this IFB must be made in writing to TDA’s Purchasing and Contracting Office, addressed to the following person:

Joselene Mora, CTCD/CTCM Joselene.Mora@texasagriculture.gov Texas Department of Agriculture 1700 N. Congress, 11th Floor Austin, TX 78701

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.

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, Paragraph 1 of this Solicitation.

CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

In order to ensure that no prospective bidder may obtain a competitive advantage because of acquisition of information unknown to other prospective bidders, TDA will provide any additional information that is different from or in addition to, information provided in the IFB 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. Names of prospective bidders will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If prospective bidders do not have Internet access, copies may be obtained through the sole point of contact listed above.

Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a response. Failure to periodically check the ESBD will in no way release the selected Bidder 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 response to this Solicitation if it is in the best interest of the Department. A "minor informality" is an omission or error that, in TDA’s sole determination if waived or modified when evaluating responses to the Solicitation, would not give a Bidder an unfair advantage over other Bidders or result in a material change in the response to the Solicitation or Solicitation requirements.

Prohibited Communications Upon issuance of this Solicitation, TDA or its representative(s) will not answer questions or otherwise discuss the contents of this Solicitation with any potential bidder or its representative(s), except for the written inquires described in Section II, Subsection 2.2 Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Bidder. Bidder shall rely only on written statements issued through or by TDA’s Purchasing and Contracting Office staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

Exception to the Sole Point of Contact – HUB Coordinator The only exceptions to the sole point of contact are the HUB Coordinator, or, if expressly directed by the sole point of contact, another designated Department representative, e.g., during contract negotiations, if allowed due to the circumstances of this procurement; generally, negotiations are not allowed when soliciting with the Invitation for Bids method and there should be no expectation by Bidders that negotiations will be allowed for this procurement. Should Bidders have questions regarding proper completion of the HUB Subcontracting Plan, the HUB Coordinator may be contacted at HUB@texasagriculture.gov. The sole point of contact reflected in Section II, Subsection 2.1, must be copied on the e-mail.

SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

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

1) Bidders must complete, sign and submit Exhibit B, HUB Subcontracting Plan, with its response submission and in accordance with the following instructions. ALL BIDDERS 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 Bidder 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 Bidders 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 Bidder is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the HSP must be completed. If Bidder 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 Bidders to consider utilizing HUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

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

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.

SOLICITATION RESPONSE COMPOSITION AND DELIVERY

Response Submission Bids must be submitted in a manner which does not carry any benefit, keepsake, or value for members of the evaluation committee. Bids submitted by facsimile, or any other method not specified in this Solicitation, will NOT be accepted, or considered.

Bidders have one (1) option for submitting responses, detailed below. All responses must be received by the response due date listed on the cover page of this solicitation.

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

The bid, 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:

· Bidder’s name

· Contact Name for Response

· Phone number for Response Contact

· Solicitation number from cover page

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

TDA takes no responsibility for e-mailed bids 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. TDA is not responsible for documents that cannot be read or converted. Unreadable Bids may be, in TDA’s sole discretion, rejected as nonresponsive.

D. Email Attachment Naming Convention Bidders must name email attachments in accordance with Response Checklist, Section VII.

Example: Bidder’s Execution of Response may be submitted in PDF format with PDF name of Exhibit A.pdf.

E. By submitting a bid, permissions to edit, print, copy, and distribute as authorized under the Texas Public Information Act or other applicable law is given to TDA. Two (2) versions of the proposal must be submitted on approved electronic media as described below.

a. One original bid, including all attachments (Original Bid) 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 Bid 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 Bid, then submission of a copy of the Original Bid with redactions is not required.

Confidential or Proprietary Information Texas Public Information Act A. Bidder Requirements Regarding Disclosure Bids 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, Bidder 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. TDA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidder.

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. Bidder must submit Exhibit N, Confidential or Proprietary Information as part of their proposal response. If Bidder asserts that information provided in its Solicitation response is exempt from disclosure under the PIA, Bidder must:

1) Mark Original Bid

a. Mark the Original Bid, 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 Bid that contains information Bidder claims is exempt from public disclosure with the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION”;.

2) Certify in Original Solicitation Response Certify, in the designated section of the Contract Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy;

3) Submit a separate “Public Information Act Copy” of the Original Bid (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 Bidder 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 email address, so that TDA may contact Bidder concerning any public information requests it receives for Bidder’s response; and

d. The only difference in required markings and information between the Original Bid and the “Public Information Act Copy” of the bid 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 Bid.

B. Bidder should not submit a Public Information Act Copy indicating that the entire bid 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, Bidder agrees that, if Bidder does not mark the Original Bid contains information claimed as proprietary, confidential, or both; provide the required certification; and submit a Public Information Act Copy, Bidder’s Solicitation response may be considered to be public information that may be released to the public without notice to Bidder.

C. For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Texas Public Information Act Handbook published by the Office of the Texas Attorney General (OAG) or contact the OAGl’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Texas 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 Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, Bidder agrees to reproduction and posting on public websites by the State of Texas, including TDA and all other state agencies, without cost or liability.

DELIVERY OF RESPONSES

Responses may be returned via E-mail to bidroom@texasagriculture.gov E-mail submittals are the only accepted method for this solicitation. Please ensure that your submissions are sent before the deadline as specified in the solicitation document. Late responses will not be considered under any circumstance.

Bidders are responsible for all costs of response preparation.

Telephone and facsimile responses are NOT acceptable forms of submission. All submitted responses become the property of TDA after the IFB submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TDA, whichever is earlier Exceptions Texas Department of Agriculture will not consider responses that reflect exceptions, reservations, or limitations to the terms and conditions of the solicitation. Proposals that contain exceptions to the specifications, deliverables, or standard terms and conditions of this RFP will be disqualified.

Section III – Solicitation Response Evaluation and Award Process

1. EVALUATION CRITERIA

Conformance with State Law Responses shall be evaluated in accordance with Texas Government Code, Sections 2155.074, 2155.075(a), 2155.144, and Sections 2155.074 and 2157.003 provide the best value standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether Bidder meets all requirements of this Solicitation. TDA shall not be obligated to accept the lowest priced response to this Solicitation but shall make an award to Bidder that provides the best value to the State of Texas.

Minimum Qualifications Bidders must meet the minimum qualifications listed below. Furthermore, Solicitation responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected, in the sole discretion of TDA.

A. Bidders must be authorized to do business in the State of Texas; and B. Bidders must be able to provide two gooseneck Mobile Command Center trailers as stated in Section I, Subsection 5.

Note: If Bidder is an out-of-state company, a Certificate of Authority from the Secretary of State to do business in Texas must be provided prior to award consideration.

Required pricing Bidder must submit a price sheet for the software and related services listed in Section I, Subsection 5, Specifications, in the format set forth in Exhibit C, Cost Proposal. Expand the rows under each itemized line as needed.

The pricing is significant in the overall evaluation of the bids. TDA is not obligated to select the lowest priced bid. The pricing will be evaluated across all Bidders to determine the response with the lowest price per line item or lowest total for all line items.

The award will be made to Bidder whose response offers the best value to the State based on all factors considered, including price.

Other Information TDA may contact references, contact Bidder's clients, or solicit information from any available source, including the Texas Comptroller's Vendor Performance Tracking System (VPTS) (required).

· Performance History The firm cannot have any failing reports in the VPTS.

· None of the staff assigned by Contractor to this Contract has been disqualified from participation in any federally funded programs during the past seven years preceding this Contract and will not for the duration of this Contract.

· None of the staff assigned to this Contract has been convicted of fraud, antitrust violations, embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, receiving stolen property, making false claims, and/or obstruction of justice during the past seven years preceding this Contract and will not for the duration of this Contract.

· Neither Bidder’s organization nor its principals or authorized representatives are presently debarred, suspended, proposed for debarment, declared ineligible, disqualified, or voluntarily excluded from participation in this transaction by any Federal/State department or agency.

· Contractor has an ongoing duty to inform TDA promptly if the business entity or assigned staff or representatives no longer meet the above requirements.

INITIAL COMPLIANCE SCREENING

TDA will perform an initial screening of all responses to the Solicitation received. Unsigned responses to the Solicitation, and responses to the Solicitation that do not meet Section III, Paragraph 1.2 above and/or do not include all required forms and information may be subject to rejection without further evaluation.

QUESTIONS OR REQUESTS FOR CLARIFICATION BY TDA

TDA reserves the right to ask questions or request clarification from any Bidder at any time during the Solicitation process.

AWARD

TDA reserves the right to award a contract to a single Bidder which provides the best value to TDA in performance of providing the good and associated services. TDA will be the sole judge of best value.

Section IV – required Bidder information Bidder must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified goods or services on time.

1. AFFIRMATIONS AND CERTIFICATIONS

Bidder must complete and return the following listed forms:

A. Exhibit A- Execution of Offer, Affirmation of Terms and Conditions and Bid Preferences B. Exhibit F- Financial and Organizational Capacity C. Exhibit J- SPECIAL PROVISION B - Debarment and Suspension Certification D. Exhibit N - Confidential or Proprietary Information

1. HUB SUBCONTRACTING PLAN

Complete Exhibit B – HUB Subcontracting Plan. Reference Section II, Paragraph 3.

1. Company Profile A. Complete Exhibit D - Vendor Information & Evaluation Preferences.

B. An organization chart that shows the reporting hierarchy of Bidder’s staff and sub-contracted staff.

Ethics Affirmation In submitting a bid in response to this IFB, Contractor affirms that it has not given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

CONFLICT OF INTEREST

In submitting a bid in response to this IFB, Contractor represents and warrants to TDA that it and each of its Bidders have the requisite resources, qualifications, and independence to perform the services free from outside direction, control, or influence, and subject only to the accomplishment of TDA’s objectives. Bidders that cannot make this representation and warranty should not respond to this IFB.

Disclosure of Existing or Potential Conflicts A. In its bid, each Bidder must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to its submission of a proposal, possible selection as Contractor or its performance of the Contract. Bidders must disclose any proposed personnel under the Contract who are current or recent former employees of TDA or the State of Texas. Recent former employees are defined below. In Exhibit H, TDA Key Contracting Persons Disclosure Statement, a list of current employees with a role or potential to have a role in development, management, or enforcement of the Contract is provided. Any other existing or potential conflicts can be added to Exhibit H for compliance with this Section. Pursuant to Section 2252.901 of the Texas Government Code, Bidders shall make full disclosure of a former or retired employee of TDA that is Bidder’s agent, consultant, contractor, or employee, or that Bidder intends to employ or retain as a contractor. Within the first twelve months of leaving employment at TDA, a former or retired TDA employee shall not perform services on a project, or fill a position with Bidder, that the former or retired TDA employee worked on or held while employed at TDA.

B. As part of this disclosure requirement, each Bidder must include in its proposal all past and present contractual, business, financial or personal relationships between Bidder and TDA and between Bidder’s proposed agents, consultants, contractors and employees, if any, and TDA. For purposes of this disclosure requirement, “past” is defined as within the two (2) calendar years prior to the deadline for submission of proposals in response to this IFB. For purposes of this disclosure requirement, “TDA” includes the Texas Commissioner of Agriculture and the agency’s current or recent former employees. “Recent former employee” is an individual who resigned or terminated employment with TDA within the two (2) calendar years prior to the deadline for submission of proposals in response to this IFB. For each item, Bidder must provide a detailed explanation of why Bidder does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Bidder’s submission of a proposal, possible selection as Bidder or its performance of the Contract.

C. Disclosures under this Section (Exhibit H: Key Contracting Persons Disclosure Statement) will be evaluated by TDA. An actual or perceived conflict of interest will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the agency and the State of Texas. If a Bidder is in doubt about whether information should be disclosed, Bidder should consult with its legal counsel. Failure to disclose any information required under this section may be cause for proposal disqualification or termination of a Contract. TDA reserves the right, in its sole and absolute discretion, to determine if an issue should result in proposal disqualification or contract termination.

Relationships Defined For purposes of this IFB, “personal relationship” is defined as a current or past association other than a clearly contractual, business, financial or similar relationship and includes family relationships or other connections that are more…