ESBD_410513_1744659390924_RFP# 5510000600 Farm Fresh Media Campaign (ESBD 4.14.25).pdf

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Texas Department of Agriculture (TDA)

Purchasing and Contracting Office 1700 N. Congress Avenue

Austin, Texas 78701

SOLICITATION NUMBER TYPE OF SOLICITATION Solicitation Posting Date 5510000600 Request for Proposal Monday, April 14, 2025

Farm Fresh Media Campaign

Respondent must submit sealed response no later than 3:00 PM CST on Monday, May 12, 2025, to the following address:

bidroom@texasagriculture.gov

For information contact:

Elizabeth Shane elizabeth.shane@texasagriculture.gov

RESPONDENT COMPLETE THIS TABLE

ACKNOWLEDGMENT OF

ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents)

Addendum Number Addendum Date

Respondent Contact Information:

Business/Entity Name:

Business/Entity Address:

Business/Entity Phone:

Business/Entity Email:

Name and Title of Authorized Representative

Signature of Authorized Representative

Response Submission Date:

CERTIFICATION, DISQUALIFICATION, AND REMEDIES. The Respondent must submit its response electronically to bidroom@texasagriculture.gov on or by 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. The Respondent’s failure to periodically check the method above will no way release the selected Respondent (Vendor) 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 the 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.

mailto:bidroom@texasagriculture.gov

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SECTION I – INTRODUCTION AND STATEMENT OF WORK

1 INTRODUCTION

2 BACKGROUND

3 LEGAL AUTHORITY

4 DEFINITIONS

5 SCOPE OF WORK/SPECIFICATIONS

6 INVOICING AND PAYMENT

9 CONTRACT TERM

10 NO EXCLUSIVITY IN AWARD

SECTION II – ADMINISTRATIVE INFORMATION

1 SCHEDULE OF EVENTS

2 INQUIRIES

3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

4 QUESTIONS OR REQUESTS FOR CLARIFICATION

5 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

6 EXCEPTIONS

SECTION III – SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS

2.4 OTHER INFORMATION

2.5 INITIAL COMPLIANCE SCREENING

2.6 COMPETITIVE RANGE AND BEST AND FINAL OFFER

2.7 Questions Or Requests for Clarification By TDA

3 AWARD

SECTION IV – RESPONDENT’S NARRATIVE PROPOSAL

1 EXECUTIVE SUMMARY

2 HISTORY OF RESPONDENT’S BUSINESS ENTITY AND EXPERIENCE

3 PROJECT WORK PLAN

4 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

5 VALUE-ADDED BENEFITS

6 KEY STAFFING PROFILE

SECTION V – REQUIRED RESPONDENT INFORMATION

1 RESPONDENT NARRATIVE

2 AFFIRMATIONS AND CERTIFICATIONS

4 FINANCIAL RESPONSIBILITY QUESTIONNAIRE

5 ETHICS AFFIRMATION

6 REFERENCES

7 CONFLICT OF INTEREST

8 DATA SECURITY REQUIREMENTS

SECTION VI – COST PROPOSAL

SECTION VII – ADDITIONAL TERMS AND CONDITIONS

1 AMENDMENT

2 OFFER PERIOD

3 COSTS INCURRED

4 CONTRACT RESPONSIBILITY

5 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

6 RESPONDENT WAIVER – INTELLECTUAL PROPERTY

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7 TEXAS STATE AUDITOR’S OFFICE

8 INSURANCE

9 PROTEST

SECTION VIII – EXHIBITS & SUBMISSION CHECKLIST

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SECTION I – INTRODUCTION AND STATEMENT OF WORK

1 INTRODUCTION

The Texas Department of Agriculture (TDA), an agency of the State of Texas, issues this Request for Proposal to solicit responses from qualified Respondents to c r e a t e , establish, publish, and maintain, media campaign services under the direction and supervision of the Food & Nutrition (F&N) Division, as described in Section I 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.

TDA is seeking a media firm to plan and execute a comprehensive (full conceptualization, planning, and implementation) media campaign that includes, but is not limited to, billboard, digital, radio and television public service announcement spots, as well as targeted email communication, for the 2025 Farm Fresh Campaign. Placement of advertisements should reach the target audience as it is defined by TDA, creating a personal connection, and eliciting action.

2 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.

Today, TDA performs a wide variety of regulatory, nutrition, economic development, and marketing activities, such as:

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

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

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

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

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

The Food and Nutrition Division of TDA has established various engagement initiatives that promote student participation in promoting the National School Lunch Program as well as a statewide initiative that encourages Texas schools, childcare centers, and summer feeding programs to incorporate local products into United States Department of Agriculture (USDA)-Food and Nutrition Services (FNS) federal program meals and connect children with local agricultural products and producers. Key initiative activities include:

• Extending outreach to stakeholders

• Providing training and technical assistance

• Developing resources related to the Texas Farm Fresh Initiatives for child nutrition programs

• Increasing participation in the Texas Farm Fresh Initiative Network Additional information about the Texas Farm Fresh Initiative is available at:

https://www.squaremeals.org/FandN-Resources/Texas-Farm-Fresh https://www.squaremeals.org/FandN-Resources/Texas-Farm-Fresh

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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 – 2156.127. Pursuant to Section 2155.131 of the Texas Government Code and Texas Administrative Code, Title 34, §20.82, as applicable, competitive sealed proposals must be received before the deadline set forth below in this Solicitation.

4 DEFINITIONS

The words and terms listed below have the following meanings unless the context clearly indicates otherwise. These definitions apply to this Solicitation, including the terms and conditions attached to the Solicitation, and any contract entered by the parties resulting from this Solicitation.

• Addendum means a written clarification or revision to the Solicitation issued by the TDA. Respondents must acknowledge receipt of any addenda in the submission of the response.

• Administrative Review (AR) means a compliance review of a federal program funded by the USDA.

• Amendment means the final written agreement signed and dated by TDA and Respondent(s) selected for an award resulting from this Solicitation after the effective date of the Contract, which amends, changes, extends, modifies or revises the Contract.

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

• Centralized Master Bidders List is a public website comprised of businesses interested in contracting with the state and maintained by the Texas Comptroller of Public Accounts (CPA). It can also be used by the vendor community to identify historically underutilized businesses.

• 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 services.

• Contract Manager means a person designated by TDA or Vendor 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.

• Contracting Entity (CE) means an agency or organization that is under an agreement with TDA to receive nutritional assistance.

• Contractor means an entity or individual selected for an award resulting from this Solicitation and that enters into a Contract to complete the scope of work described in this Solicitation and the Contract.

• Days means calendar days unless otherwise specified.

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

• Electronic State Business Daily (ESBD) means the public website for posting state contracting opportunities managed by the CPA.

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

• 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.

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

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

• Proposal means a response submitted to TDA as a result of this Solicitation.

• Respondent means an entity or individual that submits a proposal or offer in response to this Solicitation.

• Response means any bid, proposal, or offer submitted to TDA in response to this Solicitation.

• 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.

• Serious Deficiency means the status of an institution determined by the state agency to be non-compliant in one or more aspects of its operation of the program.

• Solicitation means this REQUEST FOR PROPOSAL (RFP) .

• Vendor means the respondent awarded a contract resulting from this Solicitation.

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

• USDA means the United States Department of Agriculture.

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5 SCOPE OF WORK/SPECIFICATIONS

TDA is seeking a proposal(s) from respondents to (full conceptualization, planning, and implementation) media campaign that includes, but is not limited to, billboard, digital, radio and television public service announcement spots, as well as targeted email communication, for the 2025 Farm Fresh Campaign. TDA will oversee all performance of services, as further described in this Solicitation.

Placement of advertisements should reach the target audience as it is defined by TDA, creating a personal connection, and eliciting action. The selected respondent (Vendor) shall provide all services customarily performed by a media agency to successfully plan and implement a comprehensive media campaign, including, but not limited to, developing a media plan to reach outlined goals, developing placement schedules, negotiating pricing; purchase/place spots, creative development (as identified), and maintaining records and reconciling appropriate reports for the campaign. Some creative services are also required, as outlined in this RFP. TDA has the authority to lead on ideas and for Vendor to advise and/or follow TDA’s planning. Vendor must be open to feedback and criticism and implement it in its strategy. TDA has final signature authority on all project strategies and ideas. Respondents will be required to provide TDA with the deliverables specified in this RFP and as agreed upon under any contract(s) resulting from this solicitation.

5.1 GOALS AND OBJECTIVES

The goal of this RFP is to find new creative ways to promote the TEXAS Farm Fresh Initiative, encourage a Farm Fresh generation that is connected to Texas Agriculture, and emphasize local Texas products to support a Homegrown & Healthy Texas. The goal of this program is to bring awareness and empower Texas Producers and Child Nutrition Program Operators to incorporate local Texas products into Texas schools, childcare centers, and summer feeding programs participating in USDA-Food and Nutrition Services federal nutrition programs.

5.2 DELIVERABLES

No.

Key

Performance Measure

Vendor to provide

Overall Farm

Fresh Campaign

Recommended list of Designed Market Areas (DMA) Listenership analysis of the targeted demographic in the recommended DMAs Market value assessments (weights of market) Recommended radio and television station list within proposed DMA Number of spots/ads placed on each media channel, including a breakdown for each recommended DMA Recommended vehicle mix for example: traditional media, radio and television Recommended day mix Recommended flight dates Per-flight objectives Proposed (realistic) bonus weight Per-day part, per-market planning CPPs Estimated per-market, per-day part and per-flight budgets Creativity, forward thinking, and overall effectiveness Any additional plan/buy recommendations Designated marketing areas

2 Awareness Challenge

Market planning to increase awareness for the Texas Farm Fresh Initiative media campaign.

TDA is looking for the best recommendation, keeping the following questions in mind:

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No.

Key

Performance Measure

Vendor to provide o What is the Texas Farm Fresh Initiative?

o How does the Texas Farm Fresh Initiative benefit

Texans and local communities?

o What is the Farm Fresh Challenge?

o How does TDA support local foods in child nutrition programs and Texas agriculture? How can a farmer or rancher sell local foods to schools and connect students to Texas agriculture?

o How can students engage with Texas agriculture through child nutrition programs and other TDA initiatives?

The goal of this Solicitation is to obtain services from a Vendor who will provide turnkey operations for ARs/PRs for the school nutrition programs and other food programs administered by TDA.

5.3 REPORTING REQUIREMENTS

The Vendor will maintain records, collect data, and provide reports as requested by TDA. Any reports requested will be submitted via e-mail to designated TDA staff. TDA may utilize these reports as part of its review and oversight of Vendor’s performance.

Vendor shall:

1. Provide status reports on a timetable agreed upon by TDA and the Project Manager.

Initial meeting will determine milestones and milestones due dates.

2. Status reports will be required at the completion of agreed upon milestones or upon milestone due dates. Contractor’s Project Manager must attend these status meetings to debrief on any issues or concerns.

3. Meetings are required before any changes to scope or elements of project are made by Contractor to ensure TDA approval of such changes. Changes must be made in writing and approved by TDA.

Reporting Delivery Requirements

Documentation of the work must be provided in hard copy and one of the standard electronic formats specifically xls, xlsx, docx, jpeg, and pdf. If an electronic copy is secured for confidentiality, TDA must be given the password(s).

5.4 PROJECT CALENDAR (IMPLEMENTATION)

The proposed schedule will ensure the completion of deliverables by specified dates. Workflow and milestones such as training, deliverables, invoicing, and quality assurance activities should be included within Respondent’s proposed price.

5.5 PROJECT PLAN – PRICE TO VALUE/BEST VALUE

While price is not the sole deciding factor, TDA expects the cost proposal to be based on the best value for the price proposed. This requires submission of a

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Project plan that aligns costs, resources, and activities for an overall determination of best value for the price. A draft Project plan detailing how Respondent will provide or implement the requirements of this Solicitation must be included within Respondent’s response. The draft Project plan must detail how Respondent would address the following:

• A description of the project organization

• A breakdown and detailed description of the different reviews/deliverables of the Project

• Expected dependencies that exist within the Project plan.

• A schedule and work plan for the different deliverables of the Project

• Any dependencies, caveats, or risks associated with the schedule

• The methodology Respondent will employ to ensure the schedule for each milestone is met

6 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”.

6.1 INVOICE SUBMISSION

Vendor 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.

6.2 INVOICES MUST INCLUDE:

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

• Receiving entity name

• Contract/Purchase Order number.

• Description, quantity, unit of measure, unit price, extended price of each item

• Total price

• Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice and

• Attach supporting documentation, if required.

6.3 PAYMENT:

mailto:invoices@texasagriculture.gov

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• Payment will be made in accordance with the Texas Prompt Payment Act, Texas Government Code, Chapter 2251. Payment normally will be made to Vendor 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 Vendor 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.

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

a. Vendor 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. Vendor has failed to make payments promptly to consultants or other third parties used in connection with services for which TDA has made payment to Vendor 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 Vendor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from the Vendor’s compensation on account of liquidated damages or other sums withheld from payments to other Vendors or on account of the cost of changes in the work other than those for which Vendor may be liable.

e. Payments for services purchased with state appropriated funds will be made through state warrants issued by the CPA. Payments by qualified ordering entities will be made through the entities’ local payment system.

f. Any additional expenses incurred by Vendor are the responsibility of Vendor 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.

7 PERFORMANCE AND SERVICE LEVEL EXPECTATIONS

7.1 TDA RESPONSIBILITIES

TDA will designate a Project and Contract Manager responsible for working with Contractor to resolve problems and maintain the agreed-upon schedule. These roles can be performed by the same position. TDA’s Project and Contract Manager shall be responsible for the following tasks:

A. Monitor Contractor’s Performance

1. Review and approve invoices confirming receipt and completion of vendor services,

2. Provide written confirmation of acceptance or rejection at the completion of deliverable review, and

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3. Performance reports should reflect the analytics of each TV show/program with TDA advertisements included.

B. Communication

1. Contact Contractor via telephone, email, or web to meet the approved schedule;

2. Provide contact information for TDA staff with responsibilities under the Contract; and

3. Make available appropriate individuals with reasonable notice for the circumstances requiring the staff member.

7.2 VENDOR RESPONSIBILITIES

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

1. Work in a team-based environment ensuring the Contract goal of a quality product on time and on budget

2. Provide excellent customer service to internal and external participants

3. Review all documents and reports for accuracy (i.e., check figures and edit material before submitting as a final document or emailing to external stakeholders);

4. Proofread all outgoing messages

5. Maintain a project management log of issues and resolution

6. Escalate issues quickly that impact deliverables

7. Respond within 48 hours to a TDA communication of medium importance and within 24 hours to a communication of high importance

8. Demonstrate to TDA for deliverable acceptance that all requirements have been met and when opportunity arises, propose solutions that can result in cost savings

9. Exhibit respect and courtesy at all times

10. Perform duties with integrity

11. Be professional in actions and appearance while interacting with all internal and external customers

12. Maintain professional working relationships with TDA with a motivating, innovative, and promoting positivity

13. Attend all scheduled meetings

A. Project Plan

Present the proposed project plan for approval. Maintain the approved project plan throughout the project year, identifying potential deviations from the plan and notifying TDA’s point of contact with a solution to stay on schedule.

B. Project Management

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

PCO 805 RFP Template Page 12 of 34 staff member. Provide the name of the team member responsible.

2. Maintain a project management log of issues and resolution, to include resolution by change order or amendment. Share log weekly.

3. Establish detailed timelines and deliver on or before scheduled milestone dates as outlined in the project timeline approved by TDA.

4. Facilitate, lead, and participate in planning meetings as scheduled by the selected TDA representative.

8 INFORMATION SECURITY REQUIREMENTS

Vendor shall adhere to the Texas Department of Information Resources (DIR) Information Resources Security and Risk Management Policy, Standards and Guidelines as published in Texas Administrative Code, Title 1, Part 10, Chapter 202 and as authorized by the Information Resources Management Act, Chapter 2054 of the Texas Government Code. And TDA’s Data Security Requirements detailed in “Exhibit K, Data Security Requirements”.

8.1 PROJECT CHANGE MANAGEMENT

Any proposed changes to be made within the Contract, whether initiated by TDA or Vendor, must receive final written approval in the form of a Contract amendment 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 material/substantive changes to the Contract in a written instrument signed by an authorized Project or Contract Manager for each party. Quality Assurance. TDA will approve all proposed work prior to Vendor conducting the work, to ensure that it meets the needs of this Contract.

8.2 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.

8.3 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

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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 Vendor is conducted prior to final payment and Contract closeout and

8. Final payment has been made to Vendor.

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

9 CONTRACT TERM

The initial term of this Contract shall commence upon the Effective Date or June 1, 2025, whichever is earlier, and continue through August 31, 2026, unless terminated sooner under the terms of the Contract.

9.1 INITIAL CONTRACT TERM:

The Contract shall commence on the Effective Date and continue through August 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.

9.2 RENEWAL OPTION:

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

9.3 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.

10 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.

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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 below upon written notification to prospective respondents through a posting on the Electronic State Business Daily (ESBD)

Events Dates/Times

Solicitation Published on the Electronic State Business Daily (ESBD) at:

http://www.txsmartbuy.com/esbd Monday, April 14, 2025

Deadline for Questions Tuesday, April 22, 2025

5:00 PM CT

Addendum Posted on the Electronic State Business Daily (ESBD)

Friday, April 25, 2025 (estimated)

Response Due Date: Monday, May 12, 2025

3:00 PM CST

2 INQUIRIES

2.1 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:

Elizabeth Shane Email: elizabeth.shane@texasagriculture.gov

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

Austin, TX 78701

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

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, 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 http://www.txsmartbuy.com/esbd mailto:elizabeth.shane@texasagriculture.gov

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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.

2.3 CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

To ensure that no prospective respondent may obtain a competitive advantage because of acquisition of information unknown to other prospective respondents, TDA will provide any additional information that is different from or in addition to, information provided in the Solicitation only in response to written inquiries.

TDA will provide answers to all such inquiries via an Addendum on the Electronic State Business Daily (ESBD) at https://www.txsmartbuy.com/esbd. Respondent names will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above.

Note: It is the responsibility of interested parties to periodically check the method above for updates to the procurement prior to submitting a response.

Respondent’s failure to periodically check the method above will in no way release the selected Respondent from “Addenda or additional information” resulting in additional costs to meet the Solicitation requirements.

2.4 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.

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 Respondent. Respondent shall rely only on written statements issued through or by TDA’s Purchasing and Contracting Office staff.

This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation.

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

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3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

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

1) Respondents 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 the 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 the 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.

# Class Item Description

1 915 22 Communications and Media Related Services:

Communications Marketing Services

2 915 48 Communications and Media Related Services: Graphic Arts Services, Not Printing

3 915 10 Advertising, Digital

4 915 00 Communications And Media Related Services

5 915 04 Advertising, Outdoor Billboard, Etc.

mailto:hub@texasagriculture.gov

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

4) HUB Subcontracting Plan (HSP) Prime Vendor Progress Assessment Reports (PAR’s). Per TAC §20.285(6)(g), Vendor 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 CPA. 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.

4 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.

5 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

5.1 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.

5.2 SUBMISSION METHOD: E-MAIL SUBMISSION

Respondents are 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

a. 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 # xx, 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

PCO 805 RFP Template Page 18 of 34

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

a. 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

a. Respondents must name e-mail attachments in accordance with Response

Submission Checklist, Section VIII.

b. 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 making 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 errors that may lead to disqualification (including substantive or administrative) or nonreceipt (in whole or in part) of the Respondent’s proposal.

5.3 CONFIDENTIAL OR PROPRIETARY INFORMATION

PCO 805 RFP Template Page 19 of 34

1) PUBLIC INFORMATION ACT

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, the 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:

a. Mark Original Proposal

i. 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

ii. 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.”

b. 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

c. 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:

iii. 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)

iv. Each portion Respondent claims is exempt from public disclosure must be redacted (blacked out) https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

PCO 805 RFP Template Page 20 of 34

v. 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

vi. 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.

d. 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.

e. 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.

f. Solicitation responses should not be marked or asserted as copyrighted material. If Respondent asserts 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.

5.4 DELIVERY OF RESPONSES

1) Responses shall be returned via E-mail to bidroom@texasagriculture.gov.

Late responses will not be considered under any circumstance.

2) Respondents 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 solicitation submittal due date/ deadline. Responses submitted shall constitute a 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.

6 EXCEPTIONS

TDA 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 https://www.texasattorneygeneral.gov/open-government/office-attorney-general-and-public-information-act https://www.texasattorneygeneral.gov/open-government/office-attorney-general-and-public-information-act http://www.texasattorneygeneral.gov/ mailto:%20bidroom@texasagriculture.gov

PCO 805 RFP Template Page 21 of 34

Solicitation will be disqualified.

SECTION III – SOLICITATION RESPONSE EVALUATION AND

AWARD PROCESS

1 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)

c. Exhibit C – Cost Proposal

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 K - Data Security Requirements

i. Exhibit N – Confidential or Proprietary Information

j. Exhibit O- Diversity, Equity and Inclusion (DEI)

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) Nondisclosure agreement signed

8) Responses that reflect exceptions, reservations, or…