ESBD_395070_1739216634472_ESBD IFB_Livestock_Reporter_Giddings.pdf

PCO 807 Formal IFB Template Page 1 of 20 Version 6 Revision 1/07/2025

Texas Department of Agriculture Purchasing and Contracting Office

1700 N. Congress Avenue Austin, Texas 78701

CONTRACT No.

5510000561

SOLICITATION NO.

5510000561

TYPE OF SOLICITATION

Invitation For Bid

DATE ISSUED

2/10/2025

Giddings Livestock Reporter Bidder must submit sealed response no later than 3:00 PM CT on through 3/10/2025, to the following address:

Attention: bidroom@texasagriculture.gov

For information contact:

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

RESPONSE (Bidder must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

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

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF BIDDER:

RESPONSE DATE TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED

REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

(ESBD)

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

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

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TABLE OF CONTENTS

SECTION I – INTRO DUCT ION AN D SPE CI FI CATIO NS

1 INTRODUCTION

2 BACKGROUND

3 LEGAL AUTHORITY

4 DEFINITIONS

5 SPECIFICATIONS/STATEMENT OF WORK

6 CONTRACT TERM 5

7 INVOICING 6

2) NO EXCLUSIVITY IN AWARD

SECTION I I – ADMINISTRATIVE INFOR MATI ON

1 SCHEDULE OF EVENTS

2 INQUIRIES

3 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

4 EXCEPTIONS

SECTION I I I – SOLIC ITAT ION RE SPONSE EVALUATION AND AW ARD PRO CE SS

1 EVALUATION CRITERIA

SECTION IV – REQUIRE D BI DDER INFORM ATION

1 AFFIRMATIONS AND CERTIFICATIONS

2 COMPANY PROFILE

3 FINANCIAL RESPONSIBILITY QUESTIONNAIRE

4 ETHICS AFFIRMATION

5 REFERENCES

6 CONFLICT OF INTEREST

SECTION V – ADDI TIONAL TERMS AND CON DI TIONS

1 AMENDMENT

2 OFFER PERIOD

3 COSTS INCURRED

4 CONTRACT RESPONSIBILITY

5 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

6 BIDDER WAIVER – INTELLECTUAL PROPERTY

7 TEXAS STATE AUDITOR’S OFFICE

8 PROTEST

SECTION VI – EX HIB IT A ND SUBM ISSION CHECKLIST

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SECTION I – INTRODUCTION AND SPECIFICATIONS

1 INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this Invitation For Bid (IFB) to solicit responses from qualified Bidders for the Giddings Livestock Auction in Giddings, Texas. TDA will contract one (1) reporter to independently report as part of the USDA Agriculture Marketing Service (AMS) Livestock Market Reporting Program. The individual will be responsible for attending weekly cattle auctions, collecting and reporting data in a timely manner, maintaining communication channels with TDA program staff, USDA AMS program staff, and the operators of their respective auctions. Selected contractor must be present onsite at the livestock auction for the duration of the sale, as described in this solicitation. TDA’s objective is to obtain the services that represent the best value for TDA and the State of Texas, according to the terms and conditions of this solicitation.

BIDDERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION CAREFULLY

AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

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

2 BACKGROUND

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

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

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

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

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

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

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

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

3 LEGAL AUTHORITY

This solicitation is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Chapter 2156, Subchapter C, Sections §§2156.121 –

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2156.127. Pursuant to Section §2155.131 of the Texas Government

Code and 34 TAC §20.82. Competitive sealed proposals will be received before the deadline set forth below in this solicitation.

4 DEFINITIONS

The following words and terms shall have the following meanings unless the context clearly indicates otherwise. 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.

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

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

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

6) Centralized Master Bidders List (CMBL) 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.

7) Contract means the final written agreement signed and dated by TDA and the Bidder(s) selected for an award as a result of this solicitation, and includes the solicitation 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.

8) 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.

9) 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.

10) Days means calendar days unless otherwise specified.

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

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

13) Historically Underutilized Business (HUB) as defined by Chapter 2161 of the Texas Government

Code.

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

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

16) Solicitation means this IFB.

17) TAC means Texas Administrative Code.

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

"Department."

19) USDA means the United States Department of Agriculture.

20) AMS means Agricultural Marketing Service

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5 SPECIFICATIONS/STATEMENT OF WORK

TDA is seeking a bid(s) from respondents to provide comprehensive livestock reporting services. TDA will oversee all performances as further described in this Statement of Work (SOW).

1. The livestock reporter selected will be required to independently attend the designated livestock auction in person, on a weekly basis to collect the required program information (baring any holidays or required absences due to illness, bad weather events, and auction closures).

2. After collecting the required data at the auction, each reporter will be required to submit their report directly to the USDA AMS.

3. Submitting monthly invoices in a timely manner to TDA program staff and communicating if any issues arise with the program.

5.1 GOALS AND OBJECTIVES

The goal of this solicitation is to obtain services from a contractor who will provide livestock reporting services. Successful Bidder will provide the following:

1. Provide weekly auction reports on the Giddings Livestock Auction to provide consistent industry information through the USDA AMS livestock reporting program.

6 CONTRACT TERM

A. INITIAL CONTRACT TERM:

The Contract shall commence on September 1, 2025 or the Effective Date, whichever is later, and continue through 8/31/2026, 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.

B. RENEWAL OPTION:

The Contract may be renewed for up to three (3) additional one (1) year periods. TDA will notify Contractor of its intent to renew and will send a contract amendment to Contractor.

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

Option Year 1 September 1, 2026, through August 31, 2027

Option Year 2 September 1, 2027, through August 31, 2028

Option Year 3 September 1, 2028, through August 31, 2029

TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

C. 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 renewed or extended, as provided in accordance with the Contract terms and conditions.

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7 INVOICING

Contractors must submit payment requests based on the deliverables and Service Level Expectations. 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

PCO 807 Formal IFB Template Page 7 of 20 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.

2) 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 I I – ADMINISTRATIVE INFORMATION

1 SCHEDULE OF EVENTS

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

Events Dates/Times

Solicitation Publication on posted Electronic State Business Daily (ESBD) 2/10/2025

Deadline for Questions: (Exhibit E): 2/14/2025 3:00 PM

CT

Addendum Posted on the Electronic State Business Daily (ESBD)

2/19/2025 (estimated)

Response Due Date: 3/10/2025 3:00 PM

CT

Response Review, Selection of Vendor: 3/17/2025 (estimated)

Beginning Date of Contract: Effective Date

Ending Date of Contract:

8/31/2026

2 INQUIRIES

2.1 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:

Alfredo Aguirre E-mail: Alfredo.Aguirre@TexasAgriculture.gov

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Texas Department of Agriculture 1700 N. Congress, 11th Floor

Austin, TX 78701

All Bidders shall make no contact concerning this solicitation with other TDA personnel, except as permitted by the point of contact. Failure to comply with this requirement at any point prior to contract award may result in disqualification. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

2.2 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, Bidder Solicitation Questions Form of this solicitation. Responses to questions or other written requests for clarification will be posted on the ESBD. It is the responsibility of an interested party to check the ESBD for updates to this solicitation. before submitting a Proposal. Each bidder is solely responsible for verifying TDA’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this solicitation.

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

2.3 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 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. Bidder’s 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.

2.4 INFORMALITIES

TDA reserves the right to waive minor informalities in a solicitation response if it is in the best interest of the TDA. A "minor informality" is an omission or error that, in TDA’s sole determination if waived or modified when evaluating responses, 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.

2.5 PROHIBITED COMMUNICATIONS

Upon issuance of this solicitation, TDA, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or its representative(s), except for the written inquiries described in Section II, Subsection 2. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Bidder. Bidder shall rely only on written statements issued

PCO 807 Formal IFB Template Page 9 of 20 through or by TDA’s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

3 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

3.1 SUBMISSION METHOD: E-MAIL SUBMISSION

Bidder is solely responsible for ensuring that the electronic response is complete and submitted to and RECEIVED by TDA before the Response Deadline identified in the Procurement Schedule or deadline established in subsequent Addenda. TDA is not responsible for lost, misdirected or late responses. Late responses will be disqualified.

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

Responses sent by e-mail must be sent to: bidroom@texasagriculture.gov

1) E-mail Subject Line The e-mail subject line must contain the solicitation number, title as indicated on the cover page and number quantity of e-mails if more than one (e.g., 1 of #, etc.).

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

A. Bidder’s name B. Contact Name for Bidder C. Phone number for Bidder’s Contact D. Solicitation number from cover page E. Purchaser Name (Sole Point of Contact, Section II, Paragraph 2.1).

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

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

Unreadable responses may be, in TDA’s sole discretion, rejected as nonresponsive.

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

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

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

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

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A. One original proposal, that includes all attachments (Original Proposal) and identifies claimed proprietary or confidential information, if any, by highlighting such claimed information and clearly labeling it as proprietary, confidential, or both in a comment.

The Original Proposal must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

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

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

3.2 CONFIDENTIAL OR PROPRIETARY INFORMATION

1) Public Information Act A. Bidder Requirements Regarding Disclosure

Proposals and any resulting contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request.

Other legal authority also requires TDA to post certain contracts and Solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

TDA will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, 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 the 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. Bidders submit Exhibit N, Confidential or Proprietary Information as part of their solicitation response. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

i) Mark Original Proposal

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

b. Mark the bottom of each page on the Original Proposal that contains information Bidder claims is exempt from public disclosure with the words “CONTAINS

CONFIDENTIAL OR PROPRIETARY INFORMATION”.

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Certify in Original Solicitation Response – Certify in Original Solicitation Response – Table for Contents and Order Proposal, and this Solicitation Certify, in the designated section of the Contract Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy.

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

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

b. Each portion 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 Proposal; and

d. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions

- which can only be included in the “Public Information Act Copy “and contact information for a named individual designated to respond to inquiries regarding public information requests. There must be no redactions in the Original Proposal.

B. Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable. By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Proposal contains information claimed as proprietary, confidential, or both; provide the required certification; and submit a Public Information Act Copy, Bidder’s Solicitation Response may be considered to be public information that may be released to the public without notice to the 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 Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877- OPEN TEX). To access the Public Information Act Handbook, visit the attorney general’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.

3.3 DELIVERY OF RESPONSES

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

2) Bidders are responsible for all costs of response preparation.

3) 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.

4 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 IFB will be disqualified.

SECTION I I I – SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS

1 EVALUATION CRITERIA

1.1 CONFORMANCE WITH STATE LAW

Responses shall be evaluated in accordance with Title 10, Subtitle D, Chapter 2155, Sections 2155.074, 2155.075(a), and 2155.144; and Chapter 2156, Section 2156.007, Texas Government Code; and Chapter 2157, section 2157.003.

Sections 2155.074 and 2156.007 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 Respondent meets all requirements of this solicitation. TDA shall not be obligated to accept the lowest priced solicitation response but shall make an award to Respondent that provides the best value to the State of Texas.

1.2 QUALIFICATIONS AND EXPERIENCE

1) Eligibility to do Business in the State of Texas Prior to contract award under this solicitation, Contractor must:

A. Have a current Texas Identification Number issued by the Texas Comptroller of Public

Accounts (CPA);

B. Be current in all required business filings, including franchise tax filings, with the CPA and the Texas Secretary of State;

C. Be current in the payment of all local or State of Texas taxes and fees; and D. Be registered by the Secretary of State as a foreign entity authorized to do business in

Texas if incorporated in a jurisdiction outside of Texas. See statutory requirements in Chapter 9 of the Texas Business Organizations Code if meeting the definition of a foreign entity defined by Section 1.002(28) of the Texas Business Organizations Code.

E. Failure to meet the requirements will result in disqualification of the Proposal and/or termination of an award or Contract resulting from this solicitation. Proof of compliance with the above Eligibility Requirements must be confirmed prior to award.

2) Minimum Qualifications and Experience and Past Performance:

Bidders must provide detailed information to substantiate it has qualifications, experience and past performance necessary to provide the deliverables requested in this solicitation. 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. Bidder must provide evidence of its services capabilities, including but not limited to:

A. Verification of USDA-Agricultural Marketing Service’s livestock market reporting training;

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B. Details on relevant experience in conducting similar services; and C. Other information on the qualifications, certification(s) and experience of .

1.3 COST PRICE SHEET

Bidder must submit a price sheet listed in Section I, Subsection 5, Specifications, in the format set forth in Exhibit C - Price Sheet.

Bidders should provide information about their discounts and pricing breakpoints.

1.4 PASS/FAIL CRITERIA

Compliance with applicable provisions of §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Tex. Gov't Code. In addition to the cost criteria listed below TDA also reviews additional Pass/Fail criteria as follows:

1) Exhibits (see Section VI Exhibit & Submission Checklist if required):

A. Exhibit A- TDA Execution of Offer, Affirmation of Terms and Conditions, and Proposal

Preferences B. Exhibit C – Cost Proposal C. Exhibit D - Vendor Information & Evaluation Preferences.

D. Exhibit F – Financial and Organizational Capacity E. Exhibit H – Key Contracting Persons Disclosure Statement;

F. Exhibit I - Certification Regarding Lobbying;

G. Exhibit J – Special Provision B - Debarment and Suspension Certification;

H. Exhibit N– Confidential or Proprietary Information.

2) Response received by deadline;

3) Execution of Solicitation Signed;

4) Response valid for 90 days;

5) Three references provided;

6) Conflict of Interest Noted;

7) Nondisclosure agreement signed;

8) Responses that reflect exceptions, reservations, or limitations to the terms and conditions of the solicitation will be failed/ disqualified;

9) A score of “C” or greater in the Texas Comptroller’s VPTS;

10) Currently under a Corrective Action Plan and/or negative Vendor Performance Reports;

and

11) Having purchase orders that have been cancelled in the previous twelve (12) months for non-performance (including but not limited to late delivery, etc.).

1.5 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.

1.6 OTHER INFORMATION

TDA may contact references provided in response to this solicitation, contact Respondent's clients, or solicit information from any available source, including CPA’s VPTS (required).

1) Performance History

Bidder cannot have any failing reports in the CPA’s (VPTS).

A. None of the staff assigned by Respondent to any resulting Contract has been disqualified from participation in any federally funded programs during the past three

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(3) years preceding this Contract and will not for the duration of this Contract;

B. None of the staff assigned to any resulting 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;

C. Neither Respondent’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; and

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

1.7 INITIAL COMPLIANCE SCREENING

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

1.8 AWARD

TDA reserves the right to award a contract to a single Bidder, or award to more than one Bidder, whichever provides the best value to TDA in performance of this service. 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:

1) Exhibit A- Execution of Offer, Affirmation of Terms and Conditions and Bid Preferences;

2) Exhibit H – Key Contracting Persons Disclosure Statement;

3) Exhibit I - Certification Regarding Lobbying;

4) Exhibit J – Special Provision B - Debarment and Suspension Certification; and

2 COMPANY PROFILE

Complete Exhibit D - Vendor Information & Evaluation Preferences. In addition, provide a company profile to include:

1) The company ownership structure (corporation, partnership, LLC, or sole proprietorship), including any wholly owned subsidiaries, Affiliated companies, or joint ventures. If Bidder is an Affiliate of, or has a joint venture or strategic alliance with, another company, Bidder must identify the percentage of ownership and the percentage of the parent's ownership. The entity performing the majority of the work under a contract, throughout the duration of the Contract, must be the primary Respondent. Finally, please provide your proposed operating structure for the services requested under this solicitation and which entities (i.e., parent company, Affiliate, Joint Venture, subcontractor) will be performing them;

2) The year the company was founded and/or incorporated. If incorporated, please indicate the state where the company is incorporated and the date of incorporation;

3) The location of company headquarters and any field office(s) that may provide services for any resulting Contract under this solicitation;

4) The number of employees in the company, both locally and nationally, and the location(s) from which employees will be assigned;

PCO 807 Formal IFB Template Page 15 of 20

5) The name, address, and telephone number of Respondent's point of contact for any resulting Contract under this solicitation; and

6) Indicate whether the company has ever been engaged under a contract by any Texas state agency. If "Yes," specify when, for what duties, and for which agency.

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

3 FINANCIAL RESPONSIBILITY QUESTIONNAIRE

Complete the questionnaire in Exhibit F, Financial and Organizational Capacity, as fully as possible. An omission, even if accidental, will cause the proposal to be considered non-responsive.

4 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.

5 REFERENCES

In its Bid(s) , Respondent may provide a list of one (1) entities other than TDA for which Respondent has provided services and/or products described in this solicitation during the past one (1) years.

For each reference, Respondent must include dates when items that were the same or similar to those requested in this solicitation were provided, and the names, telephone numbers and e-mail addresses of the entity’s contact person. Respondent must provide the reference information in a format similar to the following:

1) Entity Name:

Date Item(s) Provided:

Name of Entity’s Contact Person:

Telephone Number of Entity’s Contact Person:

E-mail Address of Entity’s Contact Person:

In TDA’s sole discretion, TDA may contact Respondent’s references by electronic mail or telephone.

TDA will not notify Respondent of its reference-checking activities. Respondent is responsible for ensuring the references identified in its solicitation response are: (1) willing to provide information to TDA regarding the contracts and services provided by Respondent, and (2) are available to respond to TDA’s inquiry for the three-week period following the deadline for submission of solicitation response. In the event Respondent provides more than three references, TDA will contact only the first three references listed in Respondent’s solicitation response.

TDA is not obligated to contact Respondent in the event incomplete reference information is submitted in the Bid(s) . Consequently, Respondent’s failure to provide all or part of the requested reference information in its Proposal may be reflected as a score of “0” for the applicable evaluation criterion. Additionally, Respondent’s score for a reference for the applicable evaluation criterion shall be “0” in the following circumstances: (1) there is a requirement for a Respondent representative to schedule, monitor or otherwise participate in TDA’s reference-check activities, or (2) Respondent’s reference fails to respond to TDA’s inquiry by TDA’s specified due date. TDA is not responsible for undelivered e-mails or non-responsive references.

TDA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the VPTS, as authorized by Section 2262.055 of the Texas

PCO 807 Formal IFB Template Page 16 of 20

Government Code, TDA may examine other sources of Respondent performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state or the Federal government. Further, TDA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of TDA, and any negative findings, as determined by TDA, may result in a non-award to Respondent.

Information pertaining to VPTS is located on the CPA website at:

https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

6 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.

6.1 DISCLOSURE OF EXISTING OR POTENTIAL CONFLICTS

1) 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 the 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.

2) 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.

3) 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

PCO 807 Formal IFB Template Page 17 of 20 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.

6.2 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 significant than simply providing a response to this IFB. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. Chapter 573 of the Texas Government Code defines relationships that are within the third degree of consanguinity or the second degree of affinity.

Associations other than family relationships fall within this definition and must be disclosed if a reasonable person could expect the connection to diminish Bidder’s independence of judgment or effectiveness in the performance of Bidder’s responsibilities to TDA or the state under the Contract.

Connections also fall within the scope and requirements of this section if a reasonable person could expect the connection to create a potential appearance of impropriety or conflict of interest. A relationship between TDA and another State of Texas employee may constitute a conflict of interest if the other State of Texas employee has a relationship with Bidder that could be used to influence an individual with authority to make decisions or recommendations on state contracting, procurement or this IFB. Those persons with authority to make such decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

6.3 CONTINUING DUTY TO DISCLOSE

Contractor has a continuing duty to disclose an actual or perceived conflict of interest if circumstances change or additional information is obtained subsequent to submission of a bid. A Contractor is under a continuing duty to disclose an actual or perceived conflict of interest as described in this section throughout the term of the Contract and any renewal. The duty to disclose an actual or perceived conflict of interest does not end with submission of a bid or receipt of contract award.

SECTION V – ADDITIONAL TERMS AND CONDITIONS

The Bidder must abide by all established TDA rules, processes, and standards, as well as any changes during the contract term.

1 AMENDMENT

TDA reserves the right to alter, amend or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to award, if it is in the best interest of the State.

2 OFFER PERIOD

Solicitation responses shall be binding for a period of 90 calendar days after the due date for submission of bids. Each Bidder may extend the time for which its response to the Solicitation will be honored. Upon Contract execution, prices agreed upon by the Bidder(s) are an irrevocable offer for the term of the Contract and any Contract renewals or extension(s). No other costs, rates, or fees shall be payable to the Bidder unless expressly agreed upon in writing by the TDA.

3 COSTS INCURRED

Bidders understand that issuance of this Solicitation in no way constitutes a commitment by TDA to award a Contract or to pay any…