ESBD_403466_1742401520543_55100000578_ESBD_ Dallas_Area_Storage_Facility.docx

Texas Department of Agriculture (TDA) Purchasing and Contracting Office 1700 N. Congress Avenue Austin, Texas 78701 Dallas Area Storage Facility

REQUEST FOR PROPOSAL (RFP)

DATE ISSUED

3/19/2025

Respondent must submit sealed response no later than 3:00PM CT on through 4/18/2025, to the following address:

Attention: bidroom@texasagriculture.gov For information contact:

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

RESPONSE (Respondent must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

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

NAME AND ADDRESS

OF RESPONDENT:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

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

Texas Department of Agriculture Page intentionally left blank.

PCO 805 RFx Template Version 5.2 Revision 2/26/2025 Table of Contents

PCO 805 RFX Template Page 2 of 2 Version 5.2 Revised 02/26/2025

SECTION I – INTRODUCTION AND STATEMENT OF WORK

INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this REQUEST FOR PROPOSAL (RFP) to solicit responses from qualified Respondents to provide a storage facility comprised of approximately 2,000 square feet available for the exclusive use of TDA in Dallas, Texas. The primary purpose of this storage facility is to permit TDA’s Marketing and Public Outreach Division to store a considerable number of items in Dallas, specifically related to the GO TEXAN Pavilion (Pavilion) at the State Fair of Texas. The storage facility will need to be located within 25 miles of the Pavilion, located at 1233 Washington St., Dallas, Texas 75210, within Fair Park. The storage facility must be accessible by forklift to move pallets of materials in and out of the facility. Respondent will be required to provide TDA with the deliverables, as specified in this RFP and as agreed upon under any contract(s) resulting from this solicitation. As described in this Section II and in this solicitation. TDA’s objective is to obtain the services that represent the best value for TDA and the State of Texas, according to the terms and conditions of this solicitation.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

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

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

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

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

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

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

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

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

TDA has procured storage services at a warehouse facility in Dallas, Texas for numerous years to house furniture, equipment, signage, and materials for use at the GO TEXAN Pavilion located in Fair Park. In addition, the items stored at this location are utilized across the state for events, such as stock shows, rodeos, festivals, and other opportunities on an annual basis. The storage facility must be accessible by forklift to move pallets of materials in and out of the facility.

Legal Authority

This solicitation is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Chapter 2156, Subchapter C, Sections §§2156.121 – 2156.127. Pursuant to Section §2155.131 of the Texas Government Code and 34 TAC §20.82. Competitive sealed proposals will be received before the deadline set forth below in this solicitation.

Definitions The words and terms listed below have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this solicitation, including the terms and conditions attached to the solicitation, and any contract entered into by the parties as a result of this solicitation.

1) Addendum means a written clarification or revision to the solicitation issued by the TDA. Bidder must acknowledge receipt of any addenda in the submission of the Bid.

2) Amendment means the final written agreement signed and dated by TDA and Respondent(s) selected for an award as a result of this solicitation subsequent to the effective date of the Contract, which amends, changes, extends, modifies or revises the Contract.

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

4) Centralized Master Bidders List (CMBL) is a public website comprised of businesses interested in contracting with the state and maintained by the Texas Comptroller. It can be used by Respondents to identify potential respondents and historically underutilized businesses.

5) Contract means the final written agreement signed and dated by TDA and the respondent(s) selected for an award as a result of this solicitation, and includes the solicitation and all attachments, the proposal(s) of any respondent(s) selected for an award, any appendices, final proposals, amendments to the solicitation, schedules, or special provisions incorporated into the contract. This term also includes a purchase order. Purchase order is a legal document between two parties to purchase and sell commodities and/or services.

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

7) Contract Manager means a person designated by TDA or Contractor that is responsible for invoicing and payment under the Contract, and for monitoring the overall progress of the scope of work required by the Contract. Either party may designate the same individual to be both the Contract Manager and the Project Manager.

8) Days means calendar days unless otherwise specified.

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

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

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

12) Intellectual Property means worldwide legal rights or interests in intangible property evidenced by or embodied in: (1) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement that is capable of being patented; (2) any copyright or patent; (3) any work that is capable of being copyrighted, including moral rights or neighboring rights; (4) any trademark, service mark, certification mark, trade dress, trade name, or other indicia of source or origin; (5) any design, display, graphic design, letter or letter combination, logo, mark, number or number combination, phrase, word or word combination that indicates the origin, quality or source of goods or services and that is capable of being copyrighted; and (6) any rights, interests or property similar in kind or nature to the rights, interests or property created or resulting from this solicitation. The intellectual property of a party includes all worldwide intangible legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

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

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

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

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

17) Scope of Work or Statement of Work (SOW) means the deliverables, services and work set out and defined in the Contract and described in this solicitation.

18) Solicitation means this REQUEST FOR PROPOSAL (RFP)

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

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

Scope of Work/Specifications TDA is seeking proposal(s) from respondents to provide comprehensive storage facility comprised of space measuring approximately 2,000 square feet available for the exclusive use of TDA in Dallas, Texas along with all of the services required for effective management and maintenance of the storage facility. This RFP provides an outline of the service specifications and requires that all Respondents provide information about their organization’s viability, experience, and capability to successfully perform and provide the requested services according to the following specifications, deliverables, and other requirements.

TDA will oversee all performance, as further described in this RFP.

Goals and Objectives The goal of this solicitation is to obtain services from a contractor who will provide a storage facility that is located within 25 miles of the GO TEXAN Pavilion, located at 1233 Washington St., Dallas, Texas 75210, situated on the fairgrounds at Fair Park to allow for timely transport of furniture, equipment, signage, and materials to and from the Pavilion. The square footage for approximately 2,000 square feet (+/-100 square feet) available solely for the use of TDA to contain numerous items, including large furniture and bulky items in accordance with the following specifications.

5.1. Storage space shall meet or exceed the following:

1. The storage facility must be available 24 hours a day, 7 days a week, 365 days a year.

2. The storage facility must be accessible by forklift to move pallets of materials in and out of the facility. In addition, the facility must be accessible by trucks and trailers to load items in and out of the facility.

3. The storage facility must be in one location and not separate units. The required space, approximately 2,000 square feet, must be located within one building with no walls or separation. The storage facility layout and size are necessary to allow for storage and movement of the furniture, equipment, signage, and materials.

4. The side walls must be at least ten (10) feet in height, the center top must be at least sixteen (16) feet in height, and the door/entrance to the facility must be at least sixteen (16) feet wide and ten (10) feet high.

5. Successful Respondent must maintain a secure facility and property, including adequate lighting and fencing to promote a safe working environment.

6. The storage facility shall have a minimum of one (1) 120-volt duplex outlet. Location of outlets at no additional cost to the agency.

7. Respondent must protect the TDA contents from destruction from the outside elements.

8. Successful Respondent must provide proof of commercial general liability insurance to cover destruction of TDA contents from the elements.

9. Flooring shall consist of concrete capable of supporting heavy vehicles, trailers and equipment.

5.2. Driveway and apron shall consist of all-weather material capable of supporting heavy vehicles and trailers in wet weather conditions.

5.3. Facility shall include the following:

1. Adequate indoor lighting to promote a safe working environment.

2. Adequate dusk to dawn outdoor lighting to promote safe working environment.

3. Shall not be susceptible to flooding in serve weather conditions.

4. Successful Respondent shall pay all monthly electric bills and include in the rental cost.

5. Successful Respondent shall be responsible for maintaining lockable, properly functioning doors that remain functional during outages.

6. Successful Respondent shall be required to respond on-site within two (2) hours of agency reporting an emergency issue, including but not limited to power outages.

7. Successful Respondent shall be required to respond on or before the next business day for non-emergency service calls.

Deliverables The awarded Respondent must provide, to the full and complete satisfaction of TDA, the following deliverables:

1. Contractor must provide approximately 2,000 square foot facility that is contained in a single location and allows for movement of large pallets within the facility.

1. The contractor must provide a forklift accessible facility, as well as truck and trailer accessible.

1. Contractor must maintain a secure facility and property; and

1. Contractor will provide a facility that protects the TDA contents from destruction from the outside elements.

reporting Requirements (N/A) PLACEHOLDER PROJECT CALENDAR (n/a) placeholder PROJECT PLAN – PRICE TO VALUE/BEST VALUE (N/A) placeholder

INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Exhibit A, Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences, Paragraph 11 and 12.

Invoice Submission The Successful Respondent must submit invoices electronically to Texas Department of Agriculture, Accounts Payable, invoices@texasagriculture.gov , or mail to P.O. Box 12847, Austin, TX 78711-2847.

Invoices must include:

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

2) Receiving entity name;

3) Contract/Purchase Order number;

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

5) Total price;

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

7) Attach supporting documentation, if required.

Payment:

1) Payment will be made in accordance with the Texas Prompt Payment Act, Texas Government Code, Chapter 2251. Payment normally will be made to Contractor within thirty (30) days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by Chapter 2251 to pay properly submitted invoices within thirty (30) days or Contractor may charge a late payment fee established by law. Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature.

2) Under no circumstances shall TDA be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

A. Contractor is in breach of the Contract;

B. Any portion of a payment is for services that were not performed in accordance with this Contract provided, however, payment shall be made for those services which were performed in accordance with this Contract;

C. Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TDA has made payment to Contractor; and D. If TDA, in good faith, determines that the balance of the unpaid fees is not sufficient to complete the services in accordance with this Contract; or if Contractor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other Contractors or on account of the cost of changes in the work other than those for which Contractor may be liable.

E. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Texas Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities’ local payment system.

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

G. TDA will not pay any per diem, travel, hotel, equipment, phone calls, paper, reproduction services, office space, or other incidental expenses related to performing the services required by the Contract.

Performance and Service Level Expectations

7.1 TDA Responsibilities

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

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

TDA’s Project and Contract Manager shall be responsible for the following tasks:

1. Designate a Contract Manager responsible for working with the Contractor to resolve problems and maintain the agreed upon schedule.

1. Provide contact information for TDA staff with responsibilities under the contract.

1. Make available appropriate individuals with reasonable notice.

1. TDA shall provide the Contractor with access to all necessary and appropriate documents.

1. TDA shall appoint a Project Manager to be the single point of contact and provide direction for executing these specifications and requirements.

1. TDA shall transport to and from/in and out, store, organize, and maintain all TDA-owned items stored within the leased storage unit/facility.

1. TDA shall provide all transportation to and from the facility, including trucks, trailers, forklifts, etc. necessary for the moving or hauling of items in and out of storage.

1. TDA shall properly secure all doors to TDA’s leased storage facility after each use or visit.

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

1. Manage the project consistent with the approved project plan.

1. Dedicate a project manager and contract manager, or assign both duties to a single staff member.

1. Respond to support requests and resolve escalated issues within agreed upon time frames.

1. Notify the TDA Project Manager of any requests for copies of records from third parties not party to the contract.

1. Contractor must provide storage space as documented in the response to this solicitation meeting TDA minimum square footage and access requirements.

1. Contractor must maintain a secure facility and property.

1. Contractor must notify TDA immediately if the storage facility/unit housing TDA owned items is no longer secure due to unlawful entry, equipment failures, natural disasters, insects or vermin infestations, or other mechanical issues such as water leaks, building construction or other causes.

1. Contractor shall invoice TDA on a monthly basis.

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

Change in Scope All change orders are subject to mutual agreement and must be in writing. Change orders that change the scope of the Project will be documented through written amendment to the contract and signed by the parties. Change orders will be made as necessary within the budget. A material change in the scope may require a new solicitation to maintain a fair solicitation process.

Amendment The parties shall initiate changes to the Contract in a written instrument signed by an authorized Project or Contract Manager for each party. However, any proposed change to the contract amount or work to be performed, whether initiated by TDA or the Contractor, must receive final written approval in the form of a contract amendment or a Purchase Order Change Notice (POCN), which must be signed by an authorized representatives of TDA and Contractor who have authority to bind TDA and Contractor, respectively. The agreement to make the contract change must indicate the reason the change, amendment or POCN is necessary.

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

Project completion and contract closeout Requirements As part of Contract close-out, TDA’s Contract Manager must compare actual performance against performance measures, goals and objectives, to determine whether all required work has been completed. A contract is completed when:

1) all goods or services have been received and accepted;

2) all reports have been delivered and accepted;

3) all administrative actions have been accomplished;

4) all agency-furnished equipment and materials have been returned;

5) all property inventory and ownership issues are resolved including disposition of any equipment or licenses purchases under the Contract;

6) final acceptance from the project manager has been received;

7) A closeout meeting between TDA and Contractor is conducted prior to final payment and Contract closeout; and

8) final payment has been made to the contractor.

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

contract term Initial Contract Term:

The Contract shall commence on the Effective Date and continue through 8/31/2026, 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.

Renewal Option:

The Contract may be renewed for up to three (3) additional one (1) year periods. TDA will notify Contractor of its intent to renew and will send a contract amendment to Contractor. If renewal options are exercised, TDA will provide the new timeline and delivery schedule to Contractor. The total duration of performance under an option renew term shall not exceed the three (3) one-year renewals to be exercised by TDA at its sole discretion. Each option to renew term shall run concurrently with the state fiscal year as follows:

Option Year 1 9/1/2026, through 8/31/2027 Option Year 2 9/1/2027, through 8/31/2028 Option Year 3 9/1/2028, through 8/31/2029 TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

Termination:

The Contract shall terminate upon full performance of all requirements contained in the Contract, unless otherwise extended or renewed, in accordance with the Contract terms and conditions.

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

SECTION II – ADMINISTRATIVE INFORMATION

1. SCHEDULE OF EVENTS

TDA intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TDA reserves the right to change the dates in the schedule of events above upon written notification to prospective respondents through a posting on the posted on the Electronic State Business Daily (ESBD)

Solicitation Publication on posted on the Electronic State Business Daily (ESBD) the Electronic State Business Daily (ESBD) at:http://www.txsmartbuy.com/esbd 3/19/2025

Addendum Posted on the Electronic State Business Daily (ESBD)

3/31/2025 (estimated)

Ending Date of Contract:

8/31/2026

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

Alfredo Aguirre E-mail: Alfredo.Aguirre@TexasAgriculture.gov Texas Department of Agriculture 1700 N. Congress, 11th Floor Austin, TX 78701 All Respondents shall make no contact concerning this solicitation with other TDA personnel, except as permitted by the point of contact. The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated Agency representative, e.g., during contract negotiations, if any. Should Respondents have questions regarding proper completion of the HUB Subcontracting Plan, the HUB coordinator may be contacted at hub@texasagriculture.gov. Failure to comply with this requirement at any point prior to contract award may result in disqualification. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Questions and Clarifications:

TDA will allow written questions and requests for clarification of this solicitation. Questions must be e-mailed to the Contact listed above. Questions must be submitted on Exhibit E, Respondent Solicitation Questions Form of this solicitation. Responses to questions or other written requests for clarification will be posted on the ESBD. It is the responsibility of an interested party to check the ESBD for updates to this solicitation. before submitting a Proposal. Each Respondent is solely responsible for verifying TDA’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this solicitation.

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

CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

In order to ensure that no prospective respondent may obtain a competitive advantage because of acquisition of information unknown to other prospective respondents, TDA will provide any additional information that is different from or in addition to, information provided in the solicitation only in response to written inquiries. TDA will provide answers to all such inquiries via an Addendum on the Electronic State Business Daily (ESBD) at . Respondent names will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above.

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

Informalities TDA reserves the right to waive minor informalities in a solicitation response if it is in the best interest of TDA. A "minor informality" is an omission or error that, in TDA’s determination if waived or modified when evaluating solicitation responses, would not give one Respondent an unfair advantage over other Respondents or result in a material change in the solicitation response or solicitation requirements.

Prohibited Communications Upon issuance of this solicitation, TDA, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or its representative(s), except for the written inquiries described in Section II, Subsection 2. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TDA’s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

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

1) Respondent must complete, sign and submit Exhibit B, HUB Subcontracting Plan, with its response submission and in accordance with the following instructions. ALL RESPONDENTS RESPONDING TO THIS SOLICITATION, INCLUDING THOSE THAT ARE HUB CERTIFIED OR THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A HUB SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF HUBs. FAILURE TO COMPLETE AND SUBMIT THE HUB SUBCONTRACTING PLAN (HSP) WITH THE RFP RESPONSE WILL RESULT IN DISQUALIFICATION OF THE RESPONSE FROM CONSIDERATION.

2) In accordance with Texas Government Code, §2161.252 and Texas Administrative Code, Title 34, §20.14, TDA has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, or other factors. TDA estimates the value of this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 26 % of the Contract’s value.

TDA is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code. After Contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from TDA.

The HSP is available as part of this solicitation package on the ESBD website. Respondents may send an HSP review request to hub@texasagriculture.gov. TDA will provide a courtesy HSP review if the request is received no later than the date questions are due, as specified in Section II.

If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the HSP must be completed. If Respondent is subcontracting some portion of the Contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B) of the HSP. The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing HUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

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

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

Pre-proposal Vendor Conference Attendance is strongly encouraged but not required. Failure to attend in person, participate in the conference call, or participate in the webinar will not disqualify a Respondent.

Attendance Log For conference calls and webinars, participants will be added to the attendance log with the following information ready and properly announced or submitted:

1) Legal business entity name or name of individual which will be used if submitting a response to this solicitation or subcontractor acting on behalf of the legal business entity;

2) Name and title of each representative on the call; and

3) E-mail address for the sole point of contact.

Webinar Vendor Conferences TDA will conduct a webinar vendor conference on the date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda. The conference will provide a review of the requirements, scope of work, terms and conditions, and all components of this solicitation. Respondents must pre-register for the vendor conference prior to the scheduled date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda.

The conference will be held via TEAMS. Vendors must register for the vendor conference prior to the conference date. Please use the following link for conference registration:

· 3/25/2025

· Microsoft Virtual Events Powered by Teams

Questions or Requests for Clarification The vendor conference allows participants to ask TDA questions or request clarifications. Questions are required to be submitted, either prior to or immediately after the conference, in writing, by e-mail, to the Sole Point of Contact, Section II. The questions and requests for clarifications must be submitted on Exhibit E of this solicitation.

1) Answers During the Conference A. During the conference, TDA may provide responses to questions or requests for clarification; however, these answers will not be considered official;

B. After the conference, the official responses to questions and requests for clarifications received during the conference and those received by the deadline identified in the Procurement Schedule or deadlines established in subsequent Addenda, will be posted in an Addendum on the ESBD; and C. TDA reserves the right to amend the answers previously posted at any time prior to the Response Deadline or deadlines established in subsequent Addenda. Amended answers will be posted on the ESBD in a separate, new Addendum or Addenda.

SOLICITATION RESPONSE COMPOSITION AND DELIVERY

Response Submission Proposals must be submitted in a manner which does not carry any benefit, keepsake, or value for members of the evaluation committee. Responses submitted by mail, facsimile, or any other method not specified in this solicitation, will NOT be accepted, or considered. Responses must be received prior to the response due date listed on the cover page of this solicitation.

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

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

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

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

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

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

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

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

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

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

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

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

A. One original proposal, that includes all attachments (Original Proposal) and identifies claimed proprietary or confidential information, if any, by highlighting such claimed information and clearly labeling it as proprietary, confidential, or both in a comment. The Original Proposal must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

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

C. TDA will not be held responsible for any solicitation Response that is mishandled prior to receipt by TDA. It is Respondent’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 error that may lead to disqualification (including substantive or administrative) or nonreceipt (in whole or in part) of the Respondent’s proposal.

Confidential or Proprietary Information

1) PUBLIC INFORMATION ACT

A. Respondent 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, Respondent acknowledges that all information, documentation, and other materials submitted in the solicitation Response in response to this solicitation may be subject to public disclosure under the PIA. TDA does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. TDA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondent.

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. Respondent must submit Exhibit N, Confidential or Proprietary Information as part of their proposal response. If Respondent asserts that information provided in its solicitation Response is exempt from disclosure under the PIA, Respondent 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 Respondent claims is exempt from public disclosure with the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION.”

ii) Certify in Original Solicitation Response – Table of Contents and Proposal, and this is certified in the Solicitation, in the designated section of the Contract Affirmations, Respondent’s confidential information assertion and the filing of its Public Information Act Copy;

iii) 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 Respondent 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 e-mail address, so that TDA may contact Respondent concerning any public information requests it receives for Respondent’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. Respondent 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, Respondent agrees that, if Respondent 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, Respondent’s solicitation response may be considered to be public information that may be released to the public without notice to the Respondent.

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 OAG or contact the OAG’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 OAGs website at http://www.texasattorneygeneral.gov.

D. Solicitation responses should not be marked or asserted as copyrighted material. If Respondent asserts a copyright to any portion of its Proposals, by submitting a Proposals, Respondent agrees to reproduction and posting on public websites by the State of Texas, including TDA and all other state agencies, without cost or liability.

DELIVERY OF RESPONSES

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

Respondents are responsible for all costs of response preparation.

Telephone and facsimile responses are NOT acceptable forms of submission. All submitted responses become the property of TDA after the solicitation submittal due date/ deadline. Responses submitted shall constitute an proposal for a period minimum of ninety (90) days or until selection is made by TDA, whichever is earlier. Proposals, if accepted, shall remain valid for the life of the Contract.

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 solicitation will be disqualified.

Section III – Solicitation Response Evaluation and Award Process

1. Administrative Review of responses Pass/fail Criteria Compliance with applicable provisions of §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Tex. Gov't Code. Only responses that are responsive to the solicitation are evaluated. The administrative review is conducted on a “pass/fail” basis criteria below:

1) All Exhibits received and signed:

A. Exhibit A- TDA Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences B. Exhibit B – HUB Subcontracting Plan (HSP) (optional) C. Exhibit C – Cost Proposal D. Exhibit F – Financial and Organizational Capacity E. Exhibit H – Key Contracting Persons Disclosure Statement must be signed;

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 Offer Signed;

4) Response valid for 90 days;

5) Three references provided;

6) Conflict of Interest Noted;

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

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

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

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

EVALUATION CRITERIA

Conformance with State Law Responses shall be evaluated in accordance with Texas Government code Sections 2155.074, 2155.075(a), and 2155.144; and 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…