ESBD_387645_1734962877976_1_ Part A 040M2 Live Freshwater Fish.pdf

Solicitation No. 304T-25-040M2 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Live Freshwater Fish

IFB No. 304T-25-040M2

NIGP CLASS-ITEM

040-40

SCHEDULE OF EVENTS

ESBD Posting Date 12/23/2024 Questions Submission Deadline Date 1/9/2025 Response to Questions through Addendum Date, or as soon thereafter as practical

1/13/2025

RESPONSE DUE DATE 1/20/2025

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E – SELF INSURED RENTENTION CERTIFICATION AND REQUEST FOR

APPROVAL, if applicable – Reference Part A.6

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

COST DOCUMENTATION, if applicable – Reference Part A.5 SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.16 AND SECTION A.17 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION

A.5.3 PRICE ADJUSTMENT REQUESTS

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 CONTRACTOR REQUIREMENTS

A.7.2 SPECIFICATIONS

A.7.3 QUANTITIES

A.7.4 REPLACEMENT GUARANTEE

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 SPECIAL DELIVERY REQUIREMENTS

A.8.3 HOURS OF DELIVERY

A.8.4 DELIVERY SCHEDULE

A.8.5 DELIVERY DELAYS

A.8.6 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.3 REPORTING REQUIREMENTS (MANAGED)

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 HUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

A.14.3 BEST VALUE

A.14.4 TIES

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

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A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D – INSURANCE STATEMENT OF INTENT

A.16.6 ATTACHMENT E – SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.16.7 MANDATORY PRICE SHEET

A.16.8 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.9 COST DOCUMENTATION

A.16.10 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

AEW AE Wood Fish Hatchery

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA

The Texas Comptroller of Public Accounts, the state agency issuing this Solicitation.

Customer State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

ESBD

The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd

ETFH East Texas Fish Hatchery

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

Party or Parties Either CPA or Respondent, separately or collectively.

PKFH Possum Kingdom Fish Hatchery Respondent Any person or company that submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Solicitation This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

TFFC Texas Freshwater Fisheries Center

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for Live Freshwater Fish.

The major Customer for these items is the Texas Park and Wildlife Department (TPWD).

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on August 31, 2026.

1st Renewal Option: September 1, 2025, through August 31, 2026 2nd Renewal Option: September 1, 2026, through August 31, 2027 3rd Renewal Option: September 1, 2027, through August 31, 2028 4th Renewal Option: September 1, 2028, up to one (1) additional year

CPA may unilaterally renew the Contract.

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A.4 PRICING

A.4.1 Pricing Structure – Firm Price with Escalation

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, if a Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

Unit prices must include all Contract requirements. Shipping shall be FOB Destination to the locations listed below. Unit prices must include all delivery costs (all shipping, handling, and delivery fees and fuel surcharges).

AE Wood Fish Hatchery (AEW) 507 Staples Road San Marcos, Texas 78666

Texas Freshwater Fisheries Center (TFFC)

5550 FM 2495

Athens, Texas 75752

Possum Kingdom Fish Hatchery (PKFH) 401 Red Bluff Road Graford, Texas 76449

East Texas Fish Hatchery (ETFH) 900 County Road 218 Brookeland, Texas 75931

A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that becomes available. Contractor shall notify CPA of price decreases or discount increases by email to:

spd.cmo@cpa.texas.gov

A.5.2 Price Adjustment Calculation

This Contract provides for price increases only in connection with increases in cost data. To be eligible for a contractual price increase on any item, Respondent must submit acceptable cost documentation that includes the item. It must be current as of the submission date of Response and price increase request. The document(s) must be in a format recognized in the applicable industry; price document(s)s prepared for purposes of this Solicitation are not acceptable. The document(s) must include an effective date or other verification that it is current. CPA must be able to verify the information using an external or third-party source. CPA may reject cost documentation in its sole discretion. CPA may disqualify any Response that does not include cost documentation.

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If the Respondent is unable to provide acceptable cost documentation, Respondent may request CPA to consider an appliable PPI or other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider alternate cost documentation that in its sole discretion is acceptable.

Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is $30.00 of the total cost). CPA may reject cost documentation in its sole discretion.

For a price adjustment request, after the initial contract term, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Price ÷ Original Cost Data Price) x New Cost Data Price, where:

(1) “Original Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Cost Data Price” is the price reflected on the alternate cost documentation accepted by CPA in accordance with Section A.5.2 above;

(3) “New Cost Data Price” is the price reflected in the alternate cost documentation submitted by Contractor in support of its price adjustment request that CPA in its sole discretion determines is acceptable.

Ineligibility for Price Increases. If Respondent fails to provide an acceptable cost data price, manufacturer’s price list, applicable PPI, or acceptable alternate cost documentation related to a particular item, CPA may award a Contract at a firm, fixed price for those items. Respondent will not be eligible for any price increases for the duration of the Contract, including all renewal and extension periods.

A.5.3 Price Adjustment Requests

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the contract, price adjustments may be requested based upon changes in approved cost documentation. Any request that does not include approved cost documentation will not be considered. As stated above, if no cost documentation was accepted by CPA at Contract award, price increases are not permitted under normal conditions.

While the cost documentation does not indicate the accuracy of the Contractor’s judgment about estimated future costs or projections, they do include the data forming the basis for that judgment. It should include all the facts that can be reasonably expected to contribute to the soundness of estimates of future costs and to the validity of determinations of costs already incurred. It may include, but are not limited to, such factors as:

(1) Cost of Equipment (Development and Feed)

(2) Labor

(3) Delivery Fuel

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CPA will consider a request that does not increase Contractor’s profit margin, is reasonable within the current marketplace, and addresses identified costs elements in Contractor’s cost documentation which are essential for performing the Contract. CPA may accept, reject, or negotiate price adjustments. The Contractor will receive written notification from Statewide Contract Management (SCM) documenting action taken, including effective dates, when appropriate.

If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests.

CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the Contract price in effect when issued.

Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov

A.5.4 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract and any renewal periods the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See Section A.16.8. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

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Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Any insurance required to be compliant with applicable Federal, State, and Local regulations for the goods or services provided.

Statutory limits

Commercial General Liability (Occurrence based) Required types of coverage: Blanket, Broad Form Property Damage, Premises and Operations Hazards, Products and Completed Operations Hazards, Independent Contractor’s, and Contractual Liability

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit

$1,000,000 Products/Completed Operations Aggregate Limit

$1,000,000 Personal Injury and Advertising Liability

Automobile Liability All Owned, Hired and Non-Owned Vehicles (Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

$500,000 Combined Single Limit (for each accident)

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

All required insurance policies must be issued from a company or companies with a Financial Strength Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to CPA. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this Contract or any purchase order.

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Contractor shall submit current certificates of insurance to CPA within five business days of receiving a request from CPA. In its sole discretion, CPA may allow Contractor to satisfy insurance requirements with coverage of a third-party providing goods or services under the Contract, such as products liability coverage provided by a manufacturer, that will provide comparable protection to CPA and Customers. However, the Contractor shall maintain at least $1,000,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section A.11.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide any documentation requested by SPD. Respondent must complete and return Attachment E - Self Insured Retention Certification and Request for Approval before SIR can be evaluated.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Contractor Requirements

a) The stocking schedule, if different than identified in Section A.8.4, for each Contract term will be as agreed upon by the Customer and the Contractor.

b) Contractor is required to stock fish by transferring the live fish from the tank on the delivery truck into the Customer’s tank or pond where the fish will be held. Any necessary tempering or handling requirements shall be in accordance with industry standards. Success is measured by the survival of the fish in the 24-hour period following the stocking transfer.

c) The Customer reserves the right to inspect the Contractor’s facility(s) and any identified sub-contractor facility(s) and/or distribution equipment to verify Contractor’s capability.

The Contractor and designated sub-contractors must submit to a facility inspection and provide fish for examination and testing annually by the Customer.

d) Health Inspection Report:

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Contractor must provide Customer with a copy of an annual fish health inspection report as provided by a state extension service, a federal fish health laboratory, U.S. Fish and Wildlife Laboratory, a State Veterinarian or Department of Agriculture Laboratory, a recognized University Laboratory, or a private laboratory that follows the American Fisheries Society - Fish Health Section’s Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens and/or equivalent protocols, or be a laboratory acceptable to Customer. The report shall be provided between September 23 and December 22, each year the contract is in force. A current fish health inspection report is required before the first fish delivery.

Acceptable labs should test for known salmonid viruses (IPNV, IHNV, VHSV), bacterial infections (BF, BKD, BRM) and for protozoan diseases (WD and PKD).

IPNV Pancreatic Necrosis Virus IHNV Infectious Hematopoietic Necrosis Virus VHSV Viral Hemorrhagic Septicemia Virus BF Aeromonas Salmonicida (or Bacterial Furunculosis) BKD Renibacterium Salmoninarum (or Bacterial Kidney Disease) BRM Yersinia Ruckeri (or Bacterial Redmouth Disease) WD Myxobolus Cerebralis (or Whirling Disease) PKD Proliferative Kidney Disease

A.7.2 Specifications

Reference the Mandatory Price Sheet for line items and estimated quantities per location.

Fish must be alive, actively swimming, and free of visible wounds and parasites at the time of each delivery.

Rainbow Trout, Size 1 (Lines 1-4):

a) Length: a minimum of 90% of the fish shall have a length of

(1) Minimum: 8 inches

(2) Maximum: 10 inches

b) Weight: 9 inch fish shall average 3.5 fish per pound, +/- 10%

c) Estimated annual quantity: 95,460 pounds

(1) 5 partial load deliveries of 1,850 pounds each; and

(2) 29 full load deliveries up to 3,700 pounds each

TPWD may change delivery requirements during the term of the contract. TPWD will issue Purchase Orders for the delivery of Rainbow Trout, size 1 to the following locations:

Line 1: Rainbow Trout, Size 1, Delivery to San Marcos, TX 78666 Estimated Annual Quantity: 27,000 pounds

Line 2: Rainbow Trout, Size 1, Delivery to Athens, TX 75751 Estimated Annual Quantity: 31,500 pounds

Line 3: Rainbow Trout, Size 1, Delivery to Graford, TX 76449 Estimated Annual Quantity: 20,500 pounds

Line 4: Rainbow Trout, Size 1, Delivery to Brookeland, TX 75391

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Estimated Annual Quantity: 16,000 pounds

Rainbow Trout, Size 2 (Lines 5 – 8):

a) Length: a minimum of 95% of the fish shall have a length of

(1) Minimum: 10 inches

(2) Maximum: 14 inches

b) Weight: 11 inch fish shall average 1.9 fish per pound, +/- 10%

c) Estimated annual quantity: 11,840 pounds

(1) 8 partial load deliveries up to 1,480 pounds each

(2) Delivered with 9 inch Rainbow Trout full load

TPWD will issue Purchase Orders for delivery of Rainbow Trout size 2 to the following locations and reserves the right to change delivery requirements during the term of the contract.

Line 5: Delivery to San Marcos, TX 78666 Estimated Annual Quantity: 3,700 pounds

Line 6: Delivery to Athens, TX 75751 Estimated Annual Quantity: 3,400 pounds

Line 7: Delivery to Graford, TX 76449 Estimated Annual Quantity: 2,300 pounds

Line 8: Delivery to Brookeland, TX 75391 Estimated Annual Quantity: 2,600 pounds

A.7.3 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed. Quantities indicated for each item in the Mandatory Price Sheet are estimates only and are based upon previous usage annually if available, along with other data. These estimates should not be construed as a minimum or a maximum quantity that Customers may order.

A.7.4 Replacement Guarantee

Contractor must ensure fish are alive, actively swimming, and free of visible wounds and parasites at the time of each delivery. A delivery may be rejected by Customer, and payment withheld, if a minimum of 50% of the fish do not meet specifications, are dead, wounded or have parasites. A new delivery will be required.

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

A.8.2 Special Delivery Requirements

Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

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A.8.3 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.4 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Failure to state delivery time may disqualify the Response.

NOTE: See Section A.4 Pricing regarding FOB shipping.

The following anticipated stocking schedule is for the initial contract term from date of award through August 31, 2026. This schedule is an estimate only and may change to accommodate Customer needs, weather, and other circumstances.

A.8.5 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.8.6 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s address specified on the purchase order, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If Contractor fails to remove the goods from Customer’s property within five working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense. CPA and the Customer may exercise contractual remedies in connection with late delivery.

PKFH TFFC AEW ETFH

November 21, 2025 November 21, 2025 November 24, 2025 November 24, 2025 December 4, 2025 December 4, 2025 December 2, 2025 December 9, 2025 December 11, 2025 December 11, 2025 December 9, 2025 December 30, 2025 December 18, 2025 December 23, 2025 December 16, 2025 January 8, 2026 January 6, 2026 January 13, 2026 December 30, 2025 January 22, 2026 January 29, 2026 February 5, 2026 January 8, 2026 February 17, 2026 January 13, 2026 January 29, 2026 February 12, 2026

(Partial Load)

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A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

Purchase orders dated during the term of the Contract must be honored, even if received by the Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.10.2 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and Customer purchase order number.

A.10.3 Reporting Requirements (Managed)

By the 10th day of every calendar month, Contractor must report the past month’s sales under the Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by CPA.CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.10.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

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A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.11.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.11.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.11.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.16 and A.17.

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Primary Point of Contact - CPA Contract Specialist Madison Guevara, CTCD, CTCM 512-936-8351 Email: madison.guevara@cpa.texas.gov

Secondary Point of Contact Statewide Contract Development (SCD) Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide Contract Management at spd.cmo@cpa.texas.gov.

A.11.5 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information Attachment C - Preferences Attachment D - Insurance Statement of Intent Attachment E - Self Insured Retention

4. Mandatory Price Sheet in both .xml and .xlsx format (.xml is preferred)

A.12 HUB SUBCONTRACTING PLAN

CPA has reviewed this solicitation and determined there are no probable subcontracting opportunities.

Therefore, a HUB Subcontracting Plan (HSP) is not required for this solicitation unless a Respondent will use subcontractors. If a Respondent will subcontract any portion of this Contract, the Respondent must submit a completed HSP located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php, with its Response.

A.13 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested Parties at https://www.ethics.state.tx.us/filinginfo/1295/ (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for Respondent’s failure to comply with this requirement.

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A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A), failure to submit the Mandatory Price Sheet, or failure to return a required HUB subcontracting plan, will result in disqualification.

A.14.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the Contract. The Respondent bears the burden of establishing:

(1) ability, capacity, and skill to perform the contract or provide the service required;

(2) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

(3) character, responsibility, and integrity;

(4) current compliance with laws relating to the contract or service;

(5) sufficient financial resources to perform the contract and provide the service; and

(6) conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

(1) A score of less than a C in the Vendor Performance Tracking System;

(2) Currently under a corrective action plan for a CPA contract;

(3) Repeated negative Vendor Performance Reports for the same stated reason;

(4) A record of repeated non-responsiveness to vendor performance issues; and

(5) Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.com/vpts

Vendor Performance may also be used to determine a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

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A.14.3 Best Value

CPA will determine best value for the state as directed by Texas Government Code § 2155.074. CPA will consider compliance with specifications, purchase price, and risk of vendor non-performance as described in A.14.2 above.

A.14.4 Ties

CPA may break a tie by applying preferences under state law that were claimed in the Response. If no preference applies, CPA may award tied items to a randomly selected Respondent that offers best value.

A.15 AWARDS

A.15.1 Award Approach

CPA intends to make an award to the vendor providing the best value to the state for each line item.

This may result in awarding different line items to different vendors.

A.15.2 Non-award

CPA may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

A.15.3 Award Notice

If the Solicitation is awarded, CPA will issue a Notice of Award to the successful Respondents. The Notice of Award will be transmitted via email to the Authorized Respondent Representative.

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 Confidential/Proprietary Information

If any material in the Response is confidential or proprietary, Respondent must clearly mark those pages as “confidential” in bold type. Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas Public Information Act. Respondent must also provide a redacted copy of any Response document marked confidential or proprietary. A blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not sufficient and may make the entire Response subject to release under the Act. Any information not clearly identified as confidential may be disclosed.

See also Section B.2.4 of Part B of this Solicitation for additional terms and conditions related to the Public Information Act.

A.16.2 Attachment A - Execution of Response

Respondent must complete, sign, and submit the Execution of Response – Attachment A. Failure to complete, sign, and submit this form will disqualify the Response.

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A.16.3 Attachment B - Respondent Information

Respondent must provide all requested information on Attachment B and submit the form with Response.

A.16.4 Attachment C - Preferences

Respondents should review this attachment and complete it. CPA will apply preferences as required by law.

A.16.5 Attachment D – Insurance Statement of Intent

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.6.

A.16.6 Attachment E – Self Insured Retention Certification and Request for Approval

If the Respondent has elected for Self-Insured Retention on any required insurance coverage (reference Part A, Section A.6), the Respondent should complete and return Attachment E - Self Insured Retention Certification and Request for Approval with its response.

A.16.7 Mandatory Price Sheet

Respondent must complete the Mandatory Price Sheet and return with Response in the format requested. CPA will disqualify Responses received without the Mandatory Price Sheet.

Respondent should not manipulate or modify the price sheet, other than by entering the requested information in the provided spaces. Alteration to the Mandatory Price Sheet may lead to disqualification. If Respondent represents multiple brands or has multiple qualifying models with different pricing, Respondent may submit multiple bids for a single line item by submitting multiple Mandatory Price Sheets.

The Mandatory Price Sheet is available in two formats, .xml and .xlsx. Respondent can select either format (.xml version is preferred). Respondent should submit only one Mandatory Price Sheet unless submitting a separate Response for multiple brands or models.

A.16.8 Negotiations, Assumptions, and Exceptions

The inclusion of assumptions in a Response may render it nonresponsive. No assumptions should be included in a Response. Instead, Respondent should seek to clarify a section of the Solicitation as needed through the question-and-answer process in Section A.11.3.

CPA is statutorily prohibited from negotiating IFB terms or conditions under most circumstances.

Accordingly, CPA must disqualify any Response with exceptions or assumptions under most circumstances. CPA must disqualify any Response that includes exceptions that materially change the specifications. Instead of including exceptions, Respondent should request any desired modifications to the solicitation through the question-and-answer process in Section A.11.3. CPA, as a state agency, is prevented by the Texas Constitution from indemnifying vendors. The Respondent should not request CPA or Customers to indemnify it.

On company letterhead or in a Microsoft Excel® spreadsheet, the Respondent must clearly identify each exception taken, noting the specific Solicitation section number, section title, detailed description of exception taken, and Respondent’s proposed alternate language using the following format:

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Section Section Title Exception Proposed Language

CPA may reject an incomplete exception without consideration. If there are no exceptions, the Response should explicitly state that the Respondent takes no exceptions.

A.16.9 Cost Documentation

If Respondent determines price adjustments may be necessary throughout the term of the contract, Respondent should provide cost documentation with Response or before an award is made. Reference Section A.5 for Price Adjustment information.

A.16.10 Signed Addenda to Solicitation

Respondent shall submit signed copies of all Solicitation addenda, if any, with its Response.

A.17 SUBMITTING THE RESPONSE TO CPA

The Response must clearly state the Response Due Date and Time identified on the Cover Page, Schedule of Events, and be titled: Response Submitted for IFB 304T-25-040M2 Live Freshwater Fish.

A.17.1 Electronic Submission (Preferred)

Use the following email address to submit a Response electronically:

SPD.ebids@cpa.texas.gov

The email subject line should contain the Solicitation number and title as indicated on the cover page.

The Respondent is solely responsible for ensuring that its Response is received by CPA before the deadline at the proper destination server. It is recommended that Respondent begin the process well in advance of 1:30 p.m. on the due date.

CPA recommends a limit of 10 MB of attachments per email. To meet this limit, a Response may be split into multiple emails. In addition, please be aware that your internet service provider may limit the size of attachments to outgoing emails.

All documents should be submitted in Microsoft Office® formats (Word® and Excel®) or in a form that may be read by Microsoft Office® software. Respondent must submit the price sheet electronically in its original format even if Respondent submits a hard copy of its Response.

Any documents with signatures shall be submitted as an Adobe® portable document format (pdf) file. Responses in other formats may be disqualified.

CPA takes no responsibility for electronic Responses that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software. To confirm receipt of electronic submissions, contact 512-463-3034, option 1, or request a confirmation by email.

Encrypted documents or links to documents on an external server are not allowed without prior written approval from CPA.

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A.17.2 Hard Copy Submission

In lieu of electronic submission, CPA currently accepts hard copy Responses. Respondent must submit one original signed paper copy; however, the Mandatory Price Sheet should be submitted in the electronic format requested.

CPA will document receipt of hard copy Responses with a time stamp.

Submit Responses by Overnight/Express Mail (8:15 a.m. - 4:45 p.m.) to:

Attn: Statewide Procurement Statewide Contract Development Room 174-A (CPA Mailroom, N.E. Back Dock) 1711 San Jacinto Blvd.

Austin, TX 78701