ESBD_423863_1748613419092_RFQ 802-26-61032 Statewide Veterinary Services for IF.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR QUALIFICATIONS

RFQ No. 802-26-61032

BLANKET CONTRACT FOR STATEWIDE

VETERINARIAN SERVICES

NIGP Class/Items: 961-86

RFQ Issue Date: Friday, May 30, 2025 Questions Due: Thursday, June 12. 2025; 2:00 PM CT

RFQ Response Due Date: Thursday, June 19, 2025; 2:00 PM CT

Purchaser: Jennifer M. Robinson, CTCD/CTCM 512-960-7483 Purchasing.BidBox@tpwd.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a Response. The Respondent’s failure to periodically check the ESBD will in no way release the selected Contractor from “Addenda or additional information” resulting in additional cost to meet the requirements of the RFQ.

mailto:Purchasing.BidBox@tpwd.texas.gov

RFQ No. 802-26-61032 Page 2 of 24

Table of Contents

SECTION I – GENERAL INFORMATION AND REQUIREMENTS

1. Introduction

2. Solicitation Method and Intent

3. Type of Contract

4. Scope of Work

5. Requirements for Qualifications

6. Submission of Qualifications

7. Evaluation of Qualifications

8. Format for Responses

9. Terms, Conditions, and Expectations

10. Exhibits to the RFQ

RFQ No. 802-26-61032 Page 3 of 24

SECTION I – GENERAL INFORMATION AND REQUIREMENTS

1. INTRODUCTION

Texas Parks and Wildlife Department (TPWD) is seeking Statements of Qualifications for selection of Veterinary medical professionals interested in providing veterinary services for TPWD fish hatcheries. The individual who is to perform the veterinary services must be a veterinarian certified and licensed as a Doctor of Veterinary Medicine (DVM) in the State of Texas.

2. SOLICITATION METHOD AND INTENT

2.1. Selection of the most highly qualified professional services provider will be based upon demonstrated competence and detailed credentials. Any contract entered into shall be based on fair and reasonable pricing to perform the Services as required by Title 10, Texas Government Code, §2254, et. seq. and under authority of Texas Parks and Wildlife Code, Title 2, Chapter 11.

2.2. This Request for Qualifications (“RFQ”) will result in the selection of the most highly qualified Respondent for further consideration based on the criteria herein listed. This RFQ provides the necessary information to prepare and submit detailed qualifications for evaluation and final ranking by TPWD. Based on the final ranking and at TPWD’s sole discretion, TPWD will select the top-ranked Respondents for further consideration.

2.3. Only the most highly ranked Respondents will be requested to participate in an oral presentation (if deemed necessary by the TPWD) with TPWD to further describe the qualifications submitted and answer additional pre-determined questions. Oral presentation and reference results will be the final determining factor in the TPWD’s ranking of Respondent in order to determine most qualified Respondent.

3. TYPE OF CONTRACT

3.1. TPWD intends to award one contract for the services solicited herein. Blanket contract awarded shall be effective as of contract execution and shall terminate on August 31, 2026. TPWD, at its sole discretion, may renew any contract awarded pursuant to this solicitation for up to three (3) one-year terms. Any contract resulting from this solicitation will be in the form of the TPWD’s Professional Service Agreement, reference Exhibit 10.2. The initial agreement will have no monetary value because of the undetermined nature of the need for services. The agreement is contingent upon the continued availability of funding. If funds become unavailable due to lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency considerations, or any other disruption of current appropriations, provisions of Article VI in the Professional Service Agreement shall apply.

4. SCOPE OF WORK

Contractor shall provide veterinary services in accordance with the following specifications.

4.1. Contractor may be expected to provide all veterinary services to TPWD to include, but not limited to, medical treatment, medication, and any other necessary services for the treatment and care of fish located at TPWD Hatcheries.

4.2. Veterinary services primarily include filling prescriptions for Veterinary Feed Directive (VFD) medicated feed to treat common fish bacterial diseases (e.g. columnaris disease, enteric septicemia of catfish/ESC, etc.) and off-label prescriptions for FDA approved fish drugs. Examples of current and/or past prescriptions filled for the TPWD to treat fish diseases include: Aquaflor®, Terramycin® 200 for Fish, Romet® 30, and Romet® TC for treating bacterial fish diseases in broodfish and production fingerlings, Liquamycin® LA-200 injections used for treating bacterial infections in valuable broodfish and Largemouth Bass “ShareLunker” entries.

Services will not be limited to prescribing these specifically and can expand to other therapeutics, if necessary, for successful disease treatment.

4.3. Travel to TPWD Hatcheries is expected bi-annually (every six months) in compliance with FDA-CVM requirements for all facilities using VFD medicated feed treatments. TPWD Inland Fisheries Hatcheries locations include:

RFQ No. 802-26-61032 Page 4 of 24

A. A.E. Wood Fish Hatchery, San Marcos, TX.

B. Dundee Fish Hatchery, Electra, TX.

C. East Texas Fish Hatchery, Brookeland, TX.

D. Possum Kingdom Fish Hatchery, Graford, TX.

E. Texas Freshwater Fisheries Center, Athens, TX.

4.4. Contractor will be expected to communicate, coordinate and work with TPWD personnel, and a certified Aquatic Animal Health Inspector (AAHI) through the American Fisheries Society – Fish Health Section (AFS- FHS) stationed at the Analytical Services Laboratory (ASL) at the A.E. Wood Fish Hatchery complex in San Marcos, TX. The TPWD AAHI stationed at the ASL is qualified to make fish disease diagnoses, recommend treatments, and assist the contract veterinarian in the process.

4.5. As specific services are required, TPWD will provide Contactor with a scope of work identifying the hatchery location, anticipated need, and presumptive or confirmed diagnosis based on preliminary review and assessment of TPWD staff and/or AAHI.

5. REQUIREMENTS FOR QUALIFICATIONS

5.1. Respondent Information: Respondents must provide satisfactory evidence of their ability to manage and coordinate the types of activities described in this RFQ and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the information requested from this Section. In addition to the information below, the Execution of Response shall be submitted with the Response. Incomplete Responses may be considered non-responsive and subject to rejection.

A. Company Narrative: Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Section 4 above, focusing on its company’s key strengths.

B. Company Profile: Provide a company profile to include:

1) Legal name of the company as registered with the Texas Secretary of State.

2) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, identify the percentage of ownership and the percentage of the parent’s ownership. Finally, provide the proposed operating structure for the services requested under this solicitation and which entities (i.e.

parent company, Affiliate, Joint Venture, subcontractor) will be performing.

3) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), indicate the type of entity, the state under whose laws the company is organized and the date of organization.

4) The location and mailing address of your company headquarters and any field office(s) that may provide services for any resulting contract under this solicitation, including subcontractors.

5) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned.

6) The name, title, mailing address, e-mail address, and telephone number of Respondent’s point of contact for any resulting contract under this solicitation, and

7) Indicate whether your company has ever been engaged under a contract by any Texas state agency or any Federal agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondents must provide proof of registration before TPWD may award a contract under this solicitation.

C. Key Staffing Profile: Respondent must provide a key staffing profile and résumés indicating experience, particular subject areas of expertise, relevant certifications and licenses for staff that will be responsible for the performance of the services requested under this solicitation, including their experience with similar programs within the last five (5) years and their number of years with the firm.

RFQ No. 802-26-61032 Page 5 of 24

5.2. Statement of Qualifications: Respondents must meet the minimum qualifications listed below.

Furthermore, Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondents shall submit a summary that provides specific support for meeting the minimum qualifications outlined in this section. This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Response that provides support for the Respondent satisfying each minimum qualification.

A. Shall be knowledgeable and familiar with common fish diseases and how they are diagnosed using American Fisheries Society – Fish Health Section “Blue Book” diagnostic protocols https://units.fisheries.org/fhs/fish-health-section-blue-book-2020/.

B. Shall have experience working with a fish hatchery. Experience may be paid or on a volunteer basis.

At the election of TPWD, individuals not possessing the preferred minimum qualifications may be eliminated from participation in the RFQ selection process.

C. Must have demonstrated experience providing veterinary experience similar to the type and scale as described herein

5.3. Performance on Past Projects and References:

A. Past Project Information: Provide a list of at least five (5) projects executed within the last five (5) years, and include the following information:

1) Project Name, Location, and Client.

2) Provide a statement outlining the services provided.

B. References: Respondent shall provide a minimum of three (3) non-TPWD references for projects of similar type and size performed within the last five (5) years. TPWD reserves the right to check references prior to the award. Any negative responses received may be grounds for disqualification of the proposal. Respondent must verify current contacts. The information provided shall include:

1) Client Name.

2) Project Description.

3) Key staff assigned to the referenced project that will be designated for work under this solicitation, and

4) Client Project Manager Name, Telephone Number, and E-mail address.

Respondents who do not provide accurate contact information waive the right to have those references considered in the evaluation of their response. TPWD reserves the right to contact any other references at any time during the RFQ process.

5.4. Respondent’s Experience with Type of Veterinary Services Involved: Respondent must include in response a list of areas of expertise and experience performing services.

A. Experience with fish care.

B. Knowledge of common fish diseases and how they are diagnosed using American Fisheries Society

– Fish Heal Section “Blue Book” diagnostic protocols.

5.5. Conflicts: Respondent must disclose any potential conflict of interest it may have in providing the services described in this solicitation, including all existing or prior arrangements. Include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the solicitation Response.

6. SUBMISSION OF QUALIFICATIONS

6.1. Solicitation responses must be received NO LATER THAN 2:00 PM, CST, JUNE 19, 2025. Responses shall be clearly labeled and reference the following:

REQUEST FOR QUALIFICATIONS

BLANKET CONTRACT FOR STATEWIDE VETERINARIAN SERVICES

https://units.fisheries.org/fhs/fish-health-section-blue-book-2020/

RFQ No. 802-26-61032 Page 6 of 24

Responses shall be addressed to:

Jennifer Robinson, Purchaser

Texas Parks and Wildlife Department 4200 Smith School Road

Austin, Texas 78744

6.2. Hard Copy Submittals: Respondents shall submit one (1) original Qualifications signed in ink (marked

Original). In addition, Respondents should submit three (3) copies of Qualifications. An original signature is to be included on the cover letter submitted with each copy. Submissions should be on 8 ½ x 11-inch paper and tab-indexed corresponding to the sections/exhibits listed below. Plastic spine-bound or wire-bound submittals are highly discouraged.

6.3. Electronic Submittals: Respondent shall submit one Qualifications that includes all required attachments.

E-MAIL submittals are preferred for this solicitation. Responses may be emailed to Purchasing.BidBox@tpwd.texas.gov.

6.4. Respondents are advised that Texas Parks and Wildlife Department’s Headquarters Complex does not open until 8:00 A.M. Respondents should plan the delivery of their response accordingly. Responses shall be well organized to clearly demonstrate that they meet or exceed the minimum requirements contained in this RFQ and shall specifically address the evaluation criteria set forth herein.

6.5. Responses received after the specified due date and time will be returned to the Respondent un-reviewed.

Note to Respondent: It is the security policy of TPWD Central Mail Receiving to open all packages delivered to the Agency unless they are clearly marked as a response to this RFQ.

6.6. All responses shall become the property of the State of Texas after the deadline/opening date. Properly submitted Statements of Qualifications will not be returned to Respondents.

6.7. If submitted response is a hard copy, qualification materials must be enclosed in a sealed envelope, box or container addressed to the Primary Point-of-Contact. The exterior of the package must clearly identify the Response deadline, the name and return address of the Respondent, and be identified as a Response to the RFQ for Blanket Contract for Statewide Veterinarian Services.

6.8. Single Point-of-Contact: TPWD designates the following person as its representative and only point of contact for this RFQ. Respondents shall restrict all contact with the TPWD and direct all questions regarding this RFQ, including questions regarding terms and conditions and technical specifications to:

Jennifer Robinson, Purchaser Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744

PHONE: 361-413-8984

E-MAIL: Jennifer.Robinson@tpwd.texas.gov

6.9. Clarifications and Interpretations: Any clarifications or interpretations of this RFQ that materially affect or change its requirements will be posted as an Addendum by TPWD on the Electronic State Business Daily (ESBD). It is the responsibility of all Respondents to check ESBD for updates to the procurement and Addenda prior to submitting a Response. All Addenda issued by TPWD before the RFQ is due, are considered part of the RFQ, and Respondents shall, in their Response, acknowledge receipt of and incorporate each Addendum in their Response. RESPONDENT’S FAILURE TO ACKNOWLEDGE

RECEIPT OF ADDENDA MAY RESULT IN REJECTION OF RESPONSE.

A. Addendum may be issued by the Point-Of-Contact for this RFQ or via the Electronic State Business Daily (ESBD) web site of http://www.txsmartbuy.com/esbd.

B. Respondents shall consider only those clarifications and interpretations that TPWD issues by Addendum. Interpretations or clarifications in any other form, including oral statements, will not be binding on the TPWD and should not be relied on in preparing Responses to this RFQ.

C. All discrepancies, omissions or questions shall be communicated in writing. TPWD requests that all questions be submitted by 2:00 P.M., June 12, 2025, to the attention of Jennifer Robinson at the address stated in Section 6.8 or via e-mail at Purchasing.BidBox@tpwd.texas.gov .

mailto:Purchasing.BidBox@tpwd.texas.gov mailto:Jennifer.Robinson@tpwd.texas.gov http://www.txsmartbuy.com/esbd mailto:Purchasing.BidBox@tpwd.texas.gov

RFQ No. 802-26-61032 Page 7 of 24

6.10. Prohibited Communications: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or their representatives(s), except for the written inquiries described in Section 6.9. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

7. EVALUATION OF QUALIFICATIONS

7.1. The evaluation of the Qualifications shall be based on the requirements described in this RFQ. Qualifications shall not include any information regarding Respondent’s fees, pricing, or other compensation. Such information shall be solicited from the Successful Respondent(s) during the negotiation phase. All properly submitted Responses will be reviewed, evaluated, scored, and ranked by the TPWD.

A. A Selection Committee chosen by TPWD will evaluate and score each response based on the following criteria and point values:

Evaluation Criteria Weight Criteria 1: Statement of Qualifications 40 Criteria 2: Performance on past projects and references. 30 Criteria 3: Contractor experience with fish care, knowledge of common fish diseases and how they are diagnosed using American Fisheries Society – Fish Health Section “Blue Book” diagnostic protocols

Subtotal 100

Oral Presentation (if deemed necessary by TPWD) 25 Total 125

B. Respondents with the highest scores may be notified and scheduled to participate in an oral presentation, if deemed necessary by TPWD, with the Selection Committee. Additional information required to be provided during the presentation will be evaluated as part of the listed criteria.

C. Respondent with the highest total score will be notified to submit their Fee Schedule. TPWD and Successful Respondents shall enter into a Professional Services Agreement, reference Exhibit B.

7.2. In evaluating responses, TPWD may consider information related to past contract performance of a Respondent including, but not limited to, CPA’s Vendor Performance Tracking System (VPTS) available at http://www.txsmartbuy.com/vpts. Prior work performance with TPWD and other state agencies or governmental entities which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Respondents involved in litigation with TPWD or another state agency may be disqualified.

7.3. Best Value and Award Process: TPWD will consider best value for the state as directed by Texas Government Code 2155.074 when awarding a Contract. Any award of a contract for veterinarian services will be made to the Respondent who is best qualified, and their Response meets the requirements of TPWD.

7.4. TPWD’s Reservation of Rights: The TPWD may evaluate the Response based on the anticipated completion of all or any portion of a Project. The TPWD reserves the right to reject any and all Responses and re-solicit for new, or to reject any and all Responses and temporarily or permanently abandon the Program. TPWD makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ.

7.5. Acceptance of Evaluation Methodology: By submitting its Response to this RFQ, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the TPWD.

7.6. No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this RFQ shall be the sole responsibility of the Respondent.

http://www.txsmartbuy.com/vpts

RFQ No. 802-26-61032 Page 8 of 24

7.7. Eligible Respondents: Only individual firms or lawfully formed business organizations may submit responses to this RFQ. This does not preclude a Respondent from using consultants. The TPWD will contract only with the individual firm or formal organization that submitted the Response.

7.8. Historically Underutilized Businesses Requirements: It is the policy of TPWD to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUB) in all contracts. In accordance with Chapter 2161 of the Texas Government Code and Title 34 of the Texas Administrative Code, state agencies must make good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for professional services. TPWD has determined that subcontracting opportunities are NOT probable regarding this RFQ. Therefore, a HUB Subcontracting Plan (HSP) is NOT a required element of Qualifications.

8. FORMAT FOR RESPONSES

8.1. General Instructions:

A. Responses shall be prepared simply and economically, providing a straightforward, concise description of the Respondent's ability to meet the requirements of this RFQ. Emphasis shall be on quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of TPWD's needs.

B. Respondents shall carefully read the information contained in this RFQ and submit a complete Response to all requirements and questions as directed. Incomplete Qualification Statements may be considered non-responsive and subject to rejection.

C. Responses that are submitted with conditional clauses, alterations, items not called for in the RFQ documents, or irregularities of any kind are subject to rejection by the TPWD, at its option.

D. TPWD makes no representations of any kind that an award will be made as a result of this RFQ, or subsequent RFQ. TPWD reserves the right to accept or reject any or all Responses, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFQ when deemed to be in TPWD's best interest.

E. Failure to comply with all requirements contained in this Request for Qualifications may result in the rejection of the Response.

8.2. Page Size, Binding, Dividers and Tabs:

A. Responses shall be printed on letter-size (8-1/2” x 11”) paper and assembled in a simple, economical and environmentally friendly manner with no metal spiral bindings.

B. Additional attachments shall NOT be included with the Response. Only the Responses provided by the Respondent to the questions identified in this RFQ will be used by TPWD for evaluation.

C. Separate and identify each criteria response by using a divider sheet with an integral tab for ready reference.

8.3 Table of Contents: Responses shall include a “Table of Contents” and include page numbers for each part of the Response.

9. TERMS, CONDITIONS, AND EXPECTATIONS

9.1. General Conditions:

A. Amendment: TPWD reserves the right to alter, amend, or modify any provision of this solicitation, or to withdraw this solicitation, at any time prior to the award, if it is in the best interest of TPWD.

B. Informalities: TPWD reserves the right to, in its sole discretion, waive informalities and irregularities in any solicitation Response.

C. Rejection: TPWD reserves the right to reject any or all Responses received prior to contract award.

D. Irregularities: Any irregularities or lack of clarity in this solicitation should be brought to the attention of the point-of-contact as soon as possible so that corrective Addenda may be issued to Respondents.

RFQ No. 802-26-61032 Page 9 of 24

E. Public Information Act: Information the Respondent provides to TPWD in response to this solicitation will be considered public and subject to disclosure under the Texas Public Information Act. However, certain information may be confidential and fall under an exception to disclosure under the Public Information Act such as proprietary information, trade secrets, and certain commercial and financial information where disclosure might cause "substantial competitive harm to your business". If the Respondent believes that his/her Response to this solicitation contains confidential information, the Respondent must specifically document this at the top or bottom of each page that contains the information the Respondent considers confidential. The Respondent’s documentation must include a statement that confidential information is contained on that page, refer to its exact location on the page, and describe the specific nature of the exception to the Texas Public Information Act that the Respondent believes applies to this information, i.e. copyrighted, trade secret, proprietary, financial etc. A general disclaimer that the Respondent’s Response contains confidential information will not be sufficient to meet this requirement. If such documentation is not provided, TPWD will assume that all information provided in the Response to this solicitation is releasable under the Act.

TPWD will submit a request for an opinion from the Office of the Attorney General prior to disclosing any document designated as “Confidential”. Respondent shall then have the opportunity to assert its basis for non-disclosure to the Office of the Attorney General; however, it is the sole responsibility of the Respondent to monitor such proceedings and make timely filings. TPWD strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of Response information. TPWD or its employees shall not in any way be liable or responsible for the disclosure of any such records, or any part thereof, if disclosure is required under the Public Information Act or otherwise by law.

F. Contract Responsibility: Respondent shall be solely responsible 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.

G. Public Disclosure: Respondent will not advertise that it’s doing business with TPWD or use a contract resulting from this RFQ as a marketing or sales tool without the prior written consent of

TPWD.

H. Remedies: All remedies available to TPWD for breach or anticipatory breach of any contract that results from this solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. TPWD may exercise any available or legal or equitable remedy.

I. Debriefing Requests: A written request for a debriefing shall be directed to TPWD’s Point of Contact listed in this RFQ; within thirty (30) calendar days following the date of award.

J. Protest: Any actual or prospective Respondent who is aggrieved in connection with this solicitation, evaluation, or award of any contract resulting from this solicitation may formally protest as provided in TPWD’s rules at TAC, Title 31, Part 2, Chapter 51, Subchapter L, Rule 51.350.

9.2. Insurance: Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance:

Type of Insurance Each Occurrence/Aggregate Workers Compensation Statutory Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$500,000 Ea. Accident $500,000 Ea. Employee $500,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$500,000 Bodily Injury & Property Damage - Each Occurrence $1,000,000 Aggregate Limit $5,000 Medical Expense Each Person $500,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles $500,000 Combined Single Limit

RFQ No. 802-26-61032 Page 10 of 24

Note: Workers’ Compensation is required by an "employer" which is defined as "a person who employs one or more employees." If Respondent has no employees, such insurance is not required. If Respondent claims they have no employees, TPWD will require a statement to that fact.

A. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

B. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a Certificate of Insurance as proof that the required insurance is in full force and effect.

C. The Certificate of Insurance shall be sent to Jennifer Robinson, Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or fax to 512-389-4677.

9.3. Contract Terms and Solicitation Acceptance:

Exhibit B, Sample Contract, is the standard contract used by TPWD for veterinarian services; please review the terms and conditions therein. TPWD reserves the right to negotiate final contract terms with any selected Respondent. The terms and conditions in Exhibit B are subject to change prior to the execution of any contract that may result from this solicitation.

Execution of Exhibit A, Execution of Response, shall constitute an agreement to all terms and conditions specified in this solicitation, including, but not limited to, Exhibit B, Sample Contract, and all terms and conditions therein.

9.4. Vendor Performance Reporting:

TPWD is required by rule to report vendor performance through the Vendor Performance Tracking System.

Additional information on this system can be found on the Texas Comptroller of Public Accounts website through this link: https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/.

10. EXHIBITS TO THE RFQ

Execution of Response, Exhibit A

Sample Contract – Professional Services Agreement for Veterinary Services, Exhibit B https://comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/

RFQ No. 802-26-61032 Page 11 of 24

EXHIBIT A

EXECUTION OF RESPONSE

NOTE: THIS EXHIBIT MUST BE SIGNED AND RETURNED WITH THE SOLICITATION RESPONSE. RESPONSES THAT DO NOT INCLUDE THIS EXHIBIT WILL BE DISQUALIFIED. THE RESPONSE SHALL BE VOID IF FALSE

STATEMENTS ARE CONTAINED IN THIS EXHIBIT.

By signature hereon, Respondent certifies that:

All statements and information prepared and submitted in the response to this RFQ are current, complete, and accurate.

Respondent has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

Respondent represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither the bidder, nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the Federal antitrust laws, or (2) communicated directly or indirectly the contents of this bid to any competitor or any other person engaged in the same line of business as the respondent.

When a Texas business address shown hereon that address is, in fact, the legal business address of Respondent and Respondent qualifies as a Texas Resident Respondent under Texas Administrative Code, Title 34, Part 1, Chapter 20.

Respondent shall defend, indemnify and hold harmless the State of Texas and the Texas Parks and Wildlife Department (TPWD), and/or their officers, agents, employees, representatives, contractors, assignees, and/or designees from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses arising out of, or resulting from any acts or omissions of Respondent or its agents, employees, subcontractors, order fulfillers, or suppliers of subcontractors in the execution or performance of the contract and any purchase orders issued under the contract. The defense shall be coordinated by Respondent with the Office of the Texas Attorney General when Texas state agencies are named defendants in any lawsuit and Respondent may not agree to any settlement without first obtaining the concurrence from the Office of the Texas Attorney General.

Respondent and TPWD agree to furnish timely written notice to each other of any such claim.

Pursuant to Texas Government Code, Title 10, Subchapter A, §2155.004(a), Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from TPWD to participate in the preparation of the specifications or solicitation on which this response or contract is based. Under §2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

Under Section 2155.0061 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

Under Section 231.006(d) of the Texas Family Code, regarding child support, Respondent certifies that the individual or business entity named in this Response is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any

RFQ No. 802-26-61032 Page 12 of 24

Respondent subject to Section 231.006 of the Texas Family Code, must include in the Response the names and social security numbers of each person with at least 25% ownership of the business entity submitting the Response.

Name Social Security Number

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e) of the Texas Family Code.

Under Section 669.003 of the Texas Government Code, Bidder certifies that it does not employ, or has disclosed its employment of, any former executive head of the agency. Bidder must provide the following information in the bid.

Name of former Executive:

Name of State Agency:

Date of separation from State Agency:

Date of employment with Respondent:

Respondent agrees that any payments due under this Contract will be applied towards any debt, including but not limited to delinquent taxes and child support that is owed to the State of Texas.

Respondent certifies that the bidding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity. Entities ineligible for federal procurement are listed at https://www.sam.gov/portal/public/SAM/.

Respondent certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control.

Sections 2155.006 and 2261.053 of the Texas Government Code, prohibit state agencies from accepting a Response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

Pursuant to Section 2262.154 of the Texas Government Code, the state auditor may conduct an audit or investigation of the vendor or any other entity or person receiving funds from the state directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by the Respondent or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Respondent or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Respondent will ensure that this clause https://www.sam.gov/portal/public/SAM/

RFQ No. 802-26-61032 Page 13 of 24 concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract it awards.

Check below to claim a preference under 34 TAC Rule 20.38

( ) Supplies, materials or equipment produced in TX or offered by TX bidder or TX bidder that is owned by a service-disabled veteran ( ) Agricultural products produced or grown in TX ( ) Agricultural products and services offered by TX bidders ( ) USA produced supplies, materials or equipment ( ) Products of persons with mental or physical disabilities ( ) Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel ( ) Energy Efficient Products ( ) Rubberized asphalt paving material ( ) Recycled motor oil and lubricants ( ) Products produced at facilities located on formerly contaminated property ( ) Products and services from economically depressed or blighted areas ( ) Vendors that meet or exceed air quality standards ( ) Recycled or Reused Computer Equipment of Other Manufacturers ( ) Foods of Higher Nutritional Value

Failure to sign the Execution of Response or signing it with a false statement shall void the submitted offer or any resulting contracts.

By submitting the Response, Respondent represents and warrants that the individual submitting this Execution of Response and the documents made part of this Response is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract that may result from the submission of this Response.

RESPONDENT:

SIGNATURE (INK):

NAME (TYPED/PRINTED):

TITLE: DATE:

FEDERAL EMPLOYER ID#: TEXAS IDENTIFICATION #:

STREET ADDRESS

CITY/STATE/ZIP

PHONE (INCLUDE AREA CODE)

EMAIL ADDRESS

RFQ No. 802-26-61032 Page 14 of 24

EXHIBIT B

SAMPLE CONTRACT – PROFESSIONAL SERVICES AGREEMENT FOR VETERINARIAN SERVICES

Blanket Contract No._________

EXHIBIT B - DRAFT PROFESSIONAL SERVICES AGREEMENT

TEXAS PARKS AND WILDLIFE DEPARTMENT

STATEWIDE BLANKET VETERINARIAN AGREEMENT

STATE OF TEXAS §

COUNTY OF TRAVIS §

THIS AGREEMENT made this day of 2021, by and between the TEXAS PARKS AND WILDLIFE, 4200 Smith School Road, Austin, Texas 78744 hereinafter the "TPWD", and ________________________________________ hereinafter called the "Provider" located at

I. RECITALS

WHEREAS, Texas Government Code, Chapter 2254, Subchapter A, “Professional Services Procurement Act,” provides for the procurement of Medical/Veterinarian services and TPWD desires to obtain certain professional veterinarian services in connection with certain projects at various Texas Parks and Wildlife locations throughout the State of Texas, as evidenced in writing by "Task Orders"; and

WHEREAS, it is mutually agreed that Provider shall provide professional veterinarian services as herein described for the Projects;

WHEREAS, all terms and conditions of the Request for Qualifications documents, including, but not limited to insurance requirements and Scope of Work are hereby incorporated by reference into this Contract Number __________. In the event that there is a conflict, this Contract and its attachments take priority over all other documents.

Following this Contract in order of priority is: Request for Qualifications and Contract Documents, and Contractor’s qualification submittal;

NOW, THEREFORE, TPWD and Provider, for and in consideration of the mutual promises, obligations, and benefits hereof, contract as follows:

II. SERVICES

All veterinarian services shall be performed by a professional veterinarian licensed in the State of Texas. TPWD and Provider agree Provider is an independent contract worker and not an agent of TPWD and Provider agrees to perform professional veterinarian services in connection with any Task Order as described below, and for having rendered such services, TPWD agrees to pay to Provider compensation as stated herein, subject to the terms and conditions hereof. Provider represents and warrants that it has and will maintain the qualifications, experience, personnel, and other resources to perform in the manner required by this Agreement.

The scope of professional services of the Provider will include those services set forth in future individual Task Orders, which will reference this Agreement for all purposes.

III. ASSIGNMENTS

The specific scope of professional services for each project to be performed by the Provider shall be determined in advance and in writing between TPWD and the Provider. These services shall be set forth in individual Task Orders, which are to be attached and incorporated in this Agreement for all purposes.

TPWD shall prepare a Request for a Task Order Proposal (RTOP) identifying the project and describing, in general, the intended scope and character of the project, deliverables, and schedule for the project. It is the Provider’s responsibility to review and understand the requirements of the scope of work and to perform professional services to achieve those objectives.

In response to the RTOP, the Provider shall provide TPWD with a written proposal. The proposal shall include:

a. Narrative description of the Provider’s understanding of the scope of work

b. A list of tasks and deliverables to be completed by Provider

c. Fee Proposal detailing the total fee for providing the services expressed as a “not to exceed” amount

d. Period of performance to complete the specified scope of services including deliverable due date

TPWD shall review Provider’s Proposal and negotiate any changes, clarifications, or modifications thereto.

The Provider shall submit a revised Proposal incorporating any changes, clarifications, or modifications made in the review process. TPWD may accept, reject, or seek modification of any Proposal. Upon approval of the Proposal by TPWD, TPWD shall issue an Authorization to Proceed. The Authorization to Proceed authorizes the Provider to begin the work identified in the Proposal and shall include a Purchase Order number for the Task Order specific to the project.

TPWD may issue multiple Task Orders during the term of this Agreement, all of which shall be in writing.

Each Task Order shall list tasks and deliverables to be completed by Provider; deliverable due dates; Provider’s Fee;

and any other information or special conditions necessary for completion of the Project.

TPWD shall designate a Project Manager for this Agreement. The Project Manager shall serve as the point of contact between TPWD and Provider. TPWD’s Project Manager shall supervise TPWD’s review of the Provider’s work, services, deliverables, schedules and similar matters. The Project Manager does not have any express or implied authority to vary the terms of the Agreement, amend the Agreement in any way or waive strict performance of the terms or conditions of the Agreement.

IV. COMPENSATION AND PAYMENT

Compensation shall be on a per deliverable of assignment services as stated in the Purchase Order. Payment shall be made upon completion of services and receipt of properly executed invoices from the Provider. Invoices shall identify all services as to type and quantity performed and shall specify Blanket Contract number billed and shall reference the Purchase Order number. Payment(s) will not be made until all work has been reviewed and accepted by TPWD. TPWD will make payments in accordance with the Texas Prompt Payment Act, Texas Government Code, Chapter 2251.

Rate for Task Orders

Prior to entering into any agreement between Provider and TPWD, and Provider and its consultants, Provider shall submit a full list of all personnel titles and the hourly billing rate for each.

The Provider shall be paid based on approved proposal.

Payments under this Agreement will not exceed amount specified in each individual Task Order. No one Task Order, nor the cumulative total of all Task Orders issued hereunder shall exceed the amount of $12,000.00 for the term of this Agreement. If additional funding becomes available, TPWD in its sole discretion may increase this funding limit by way of written Amendment hereto.

V. TRAVEL

Provider is responsible for any travel or per diem required to perform its obligations under the Agreement. All travel and per diem that TPWD requests in addition to what is required by the Agreement at Provider’s expense shall be paid in accordance with Texas Government Code, Chapter 660.

Reimbursement for travel expenses of any and all kind must be pre-approved by the TPWD in writing and will be included in the amount of any Task Order issued. Travel expenses included in the Task Order shall not exceed the rates established by the Comptroller of the State of Texas, as outlined in the State of Texas travel guidelines, TexTravel.

VI. TERM AND TERMINATION

The term of this Agreement shall begin on the date first written above and continue for a period of one (1) calendar years. This Agreement is subject to renewal at the option of the TPWD for three (3) additional one (1) year extensions.

The term of each individual Task Order shall begin upon issuance of a Notice of Award/Authorization to Proceed and continue as stipulated in each individual Task Order. Provider shall complete veterinarian services as set forth in individual Task Orders and shall prepare and submit to TPWD written recommendations and reports as set forth in such Task Orders.

Termination

This Agreement may be terminated by either party upon seven (7) days’ written notice should the other party fail to substantially perform in accordance with its terms through no fault of the party initiating the termination and such failure is not fully cured prior to the expiration of such seven-day period.

This agreement may be terminated at any time by TPWD for its convenience upon at least seven (7) days’ written notice to Provider. In the event of termination not the fault of Provider, Provider shall be compensated for all services satisfactorily performed to the termination date, together with approved Reimbursable Expenses then due, provided Provider shall have delivered to TPWD such statements, accounts, reports and other materials as required together with all reports, documents and other materials prepared by Provider prior to termination.

A termination under this Article shall not relieve Provider or any of its employees of liability for violations of this Agreement, or any willful, negligent, or accidental act or omission of Provider. The provisions of this Article hereof shall survive the termination of this Agreement. In the event of a termination under this Article, Provider hereby consents to employment by TPWD of a substitute Provider to complete the services under this Agreement, with the substitute Provider having all rights and privileges of the original Provider of the Project.

As of the date of termination of this Agreement, Provider shall furnish to TPWD all documents, statements, accounts, reports and other materials as are required hereunder or as have been prepared by Provider in connection with Provider’s responsibilities hereunder. TPWD shall have the right to use the reports and recommendations therein contained for the completion of the services described by this Agreement, and for completion of the Project, or otherwise.

Upon receipt of termination notice, Provider shall: (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to TPWD all data reports, and such other information and materials as may have been accumulated by…