ESBD_426931_1749484560424_5510000643_Electronic_Mass_Comparator 6.9.25.docx

Texas Department of Agriculture

Purchasing and Contracting Office 1700 N. Congress Avenue Austin, Texas 78701

SOLICITATION /CONTRACT #

DATE ISSUED

5510000643

Electronic Mass Comparator

Bidder must submit sealed response no later than 3:00 PM CT on 7/9/2025, to the following address:

Attention: bidroom@texasagriculture.gov For information contact:

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

RESPONSE (Bidder must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

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

NAME AND ADDRESS

OF BIDDER:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

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

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PCO 805 Formal IFB Template Version 6 Revision 06.04.2025 Table of Contents

SECTION I – INTRODUCTION AND Specifications

INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this Invitation For Bid (IFB) to solicit responses from qualified Bidders for an electronic mass comparator for National Institute of Standards and Technology (NIST) Echelon II Calibrations (balances) for the Precision laboratory (Laboratory) located within TDA’s Metrology Laboratory to upgrade obsolete equipment to expand the calibration and measuring capabilities (scope of measurement) of the Laboratory. The mass comparator is to be delivered to the TDA’s Metrology Laboratory, located at 1258 CR 226, Giddings, Texas 78942. TDA’s objective is to obtain the commodities that represent the best value for TDA and the State of Texas, according to the terms and conditions of this solicitation.

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

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

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

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

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

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

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

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

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

The Giddings Metrology Laboratory is the state legal metrology laboratory. State legal metrology laboratories are custodians, at the state level, of measurement standards that serve as the basis for ensuring equity in the marketplace. As part of its program to encourage a high degree of technical and professional competence in such activities, the National Institute of Standards and Technology (NIST) — Office of Weights and Measures (OWM) has developed performance standards and formalized procedures for recognition of state legal metrology laboratories on a voluntary basis. Certificates of metrological traceability are issued upon evaluation of the laboratory’s ability to make reliable metrological measurements (principally mass, volume, length, and temperature). As part of the system of inspection and registration of weighing or measuring devices, Texas Agriculture Code, §13.113 mandates that the state metrology laboratory calibrate and adjust the field standards used by inspectors, other Department employees, individuals or businesses licensed by TDA. A mass comparator is a balance with best possible resolution and repeatability allowing determining even the smallest difference in mass. Mass comparators set the standard in mass metrology and ensure traceability to the international prototype.

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

Definitions The following words and terms shall have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this IFB, including the Terms and Conditions attached to the IFB, and any Contract or Amendment entered into by the parties as a result of this IFB.

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

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

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

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

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

6) Centralized Master Bidders List (CMBL) which is a public website comprised of businesses interested in contracting with the state. It can be used by Bidders to identify potential Bidders and Historically Underutilized Businesses.

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

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

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

10) Days means calendar days unless otherwise specified.

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

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

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

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

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

16) Solicitation means this IFB.

17) TAC means Texas Administrative Code.

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

Statement of Work TDA is seeking bid(s) from Bidders to provide an electronic mass comparator to meet NIST Echelon II specifications with suitable load capability, minimal impact on uncertainty with standard deviations, and acceptable repeatability. TDA will oversee all performances as further described in this Statement of Work (SOW).

TDA will oversee all performances as further described in this Statement of Work (SOW).

deliverables

1. Bidder shall provide an electronic mass comparator for determination of differences in mass and for calibration of mass standards and weights,

2. Installation of comparator, and

3. Minimum 1-year warranty on equipment and shall offer on-site maintenance services or offer solutions with minimal down time during repair on equipment thereafter.

MASS comparator specifications

0.40µg for 5 grams and below

Goals and Objectives The goal of this solicitation is to obtain a product from a Bidder who will provide an electronic mass comparator.

contract term Initial Contract Term:

The Contract shall commence on the Effective Date and continue through 8/31/2025, unless sooner terminated under the terms of the Contract. Any work done outside of the period of performance shall be provided at no cost to TDA.

Renewal Option: (N/A) Termination:

The Contract, if any resulting from the award of this IFB, shall terminate upon full performance of all requirements contained in the contract, unless otherwise renewed or extended, as provided in accordance with the Contract terms and conditions.

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.

delivery and acceptance Freight charges Shipping shall be F.O.B. destination; therefore, unit prices must include all shipping, handling, fuel surcharges, and delivery fees.

Delivery schedule:

i) Bidder shall provide delivery terms with bid response. Delivery may be a factor in determining best value award.

ii) Equipment shall be delivered by means and method that does not require TDA to unload at no additional cost to the agency.

iii) Contractor must contact TDA point of contact on contract/purchase order to schedule delivery date and time. Contractor shall provide one (1) week notice prior to delivery.

delivery delays:

If the delay is foreseen, Contractor shall give written notice to the agency and must keep the agency advised at all times of status of order. Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes the agency to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

compliant products:

Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer’s F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services that do not meet all specification requirements does not constitute delivery. Customer reserves the right to request a new delivery or a refund if materials or products not meet specifications are discovered after payment has been made.

accEptance:

ALL EQUIPMENT ORDERED WILL BE SUBJECT TO ACCEPTANCE INSPECTION AND PERFORMANCE TESTING UPON RECEIPT. ACCEPTANCE INSPECTION AND PERFORMANCE TESTING WILL NOT TAKE MORE THAN FIVE (5) WORKING DAYS, WEATHER PERMITTING. CONTRACTOR WILL BE NOTIFIED WITHIN THIS TIME FRAME OF ANY UNITS NOT DELIVERED IN FULL COMPLIANCE WITH THE CONTRACT/PURCHASE ORDER SPECIFICATIONS.

9 Invoicing Contractor must submit payment requests based on the deliverables and Service Level Expectations. Invoices must be submitted within 30 days after delivery of product or service. Each invoice must prominently display the Purchase Order number, include details for each expense consistent with the solicitation requirements, acceptance date of the delivery, provide any discount for early payment, and provide any other information requested by TDA.

9.1 Invoice Submission

Contractor 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.

9.2 INVOICES MUST INCLUDE:

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

ii) Receiving entity name;

iii) Contract/Purchase Order number;

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

v) Total price;

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

vii) Attach supporting documentation, if required.

9.3. Payment:

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

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

a) Contractor is in breach of the Contract;

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

c) Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TDA has made payment to Contractor; and

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

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

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

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

SECTION II – ADMINISTRATIVE INFORMATION

1. SCHEDULE OF EVENTS

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

Addendum Posted on the Electronic State Business Daily (ESBD)

6/23/2025 (estimated)

Ending Date of Contract:

8/31/2025

1. inquiries

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

Alfredo Aguirre E-mail: Alfredo.Aguirre@TexasAgriculture.gov Texas Department of Agriculture 1700 N. Congress, 11th Floor Austin, TX 78701

All Bidders shall make no contact concerning this solicitation with other TDA personnel, except as permitted by the point of contact. The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated Agency representative, e.g., during contract negotiations, if any. Should Respondents have questions regarding proper completion of the HUB Subcontracting Plan, the HUB coordinator may be contacted at bidroom@texasagriculture.gov. Failure to comply with this requirement at any point prior to contract award may result in disqualification. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

1. Questions and Clarifications:

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

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

1. CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

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

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

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

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

1. SUBCONTRACTING AND HUB SUBCONTRACTING PLAN (N/A)

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

1) Bidders must complete, sign and submit Exhibit B, HUB Subcontracting Plan, with its response submission and in accordance with the following instructions. ALL BIDDERS 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 IFB RESPONSE WILL RESULT IN DISQUALIFICATION OF THE RESPONSE FROM CONSIDERATION.

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

TDA is committed to increasing contracting opportunities with HUBs by contracting directly with HUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code. After Contract award, Successful Bidder 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 Bidders may send an HSP review request to the Contact person provided in Section II. TDA will provide a courtesy HSP review if the request is received no later than the date questions are due, as specified in Section II.

If Bidder is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the HSP must be completed. If Bidder 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 Bidders to consider utilizing HUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

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

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

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

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

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

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

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

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

· 6/17/2025

· Microsoft Virtual Events Powered by Teams

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

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

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

1. SOLICITATION RESPONSE COMPOSITION AND DELIVERY

4. SUBMISSION METHOD: E-Mail Submission

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Confidential or Proprietary Information

1) Public Information Act A. Bidder Requirements Regarding Disclosure Proposals and any resulting contracts are subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552, and may be disclosed to the public upon request. Other legal authority also requires TDA to post certain contracts and Solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

TDA will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Bidder acknowledges that all information, documentation, and other materials submitted in the Solicitation Response in response to this Solicitation may be subject to public disclosure under the PIA. TDA does not have the authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. TDA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidder.

Under the PIA, all information held by governmental bodies is open to public disclosure unless it falls within one of the PIA's specific exceptions to disclosure. Bidders submit Exhibit N, Confidential or Proprietary Information as part of their solicitation response. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

i) Mark Original Proposal

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

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

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

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

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

b. Each portion Bidder claims is exempt from public disclosure must be redacted (blacked out);

c. The copy must contain contact information for a named individual designated to respond to inquiries regarding public information requests, including a phone number and email address, so that TDA may contact Bidder concerning any public information requests it receives for Bidder’s Proposal; and

d. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy “and contact information for a named individual designated to respond to inquiries regarding public information requests. There must be no redactions in the Original Proposal.

B. Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable. By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Proposal contains information claimed as proprietary, confidential, or both; provide the required certification; and submit a Public Information Act Copy, Bidder’s Solicitation Response may be considered to be public information that may be released to the public without notice to the Bidder.

C. For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Public Information Act Handbook published by the Office of the Texas Attorney General or contact the attorney general’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Public Information Act Handbook, visit the attorney general’s website at http://www.texasattorneygeneral.gov.

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

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) Bidders are responsible for all costs of response preparation.

3) Telephone and facsimile responses are NOT acceptable forms of submission. All submitted responses become the property of TDA after the IFB submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TDA, whichever is earlier.

1. Exceptions Texas Department of Agriculture will not consider responses that reflect exceptions, reservations, or limitations to the terms and conditions of the solicitation. Proposals that contain exceptions to the specifications, deliverables, or standard terms and conditions of this IFB will be disqualified.

Section III – Solicitation Response Evaluation and Award Process

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

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

1) All Exhibits received and signed:

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

b. Exhibit B – HUB Subcontracting Plan (HSP);

c. Exhibit C – Cost Proposal;

d. Exhibit F – Financial and Organizational Capacity;

e. Exhibit H – Key Contracting Persons Disclosure Statement must be signed;

f. Exhibit I - Certification Regarding Lobbying;

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

h. Exhibit K - Data Security Requirements;

i. Exhibit N– Confidential or Proprietary Information; and

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

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

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

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

EVALUATION CRITERIA

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

Sections 2155.074 and 2156.007 provide the best value standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether Bidder meets all requirements of this solicitation. TDA shall not be obligated to accept the lowest priced solicitation response but shall make an award to the Bidder that provides the best value to the State of Texas.

7. Qualifications AND EXPERIENCE

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

A. Have a current Texas Identification Number issued by the Texas Comptroller of Public Accounts (CPA);

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

C. Be current in the payment of all local or State of Texas taxes and fees; and D. Be registered by the Secretary of State as a foreign entity authorized to do business in Texas if incorporated in a jurisdiction outside of Texas. See statutory requirements in Chapter 9 of the Texas Business Organizations Code if meeting the definition of a foreign entity defined by Section 1.002(28) of the Texas Business Organizations Code.

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

2) Minimum Qualifications and Experience and Past Performance:

Bidders must provide detailed information to substantiate it has qualifications, experience and past performance necessary to provide the deliverables requested in this solicitation. Furthermore, solicitation responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential Contract may be rejected, in the sole discretion of TDA. Bidder must provide evidence of its services capabilities, including but not limited to:

A. Description of the general nature of previous, similar work performed by Bidder, particularly work in the last three (3) years.

B. Details on relevant experience in conducting similar training programs:

C. Outline of the proposed curriculum and training methodologies; and D. Information on the qualifications, certification(s) and experience of instructors who will be leading the workshop.

7. cost price sheet Bidder must submit a Cost Price Sheet for the goods and related services listed in Section I, Subsection 5, Specifications, in the format set forth in Exhibit C, Cost Price Sheet.

Bidders should provide information about their discounts and pricing breakpoints.

7. QUESTIONS OR REQUESTS FOR CLARIFICATION BY TDA

TDA reserves the right to ask questions or request clarification from any Bidder at any time during the Solicitation process.

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

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

A. None of the staff assigned by Bidder to any resulting Contract has been disqualified from participation in any federally funded programs during the past three (3) years preceding this Contract and will not for the duration of this Contract;

B. None of the staff assigned to any resulting Contract has been convicted of fraud, antitrust violations, embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, receiving stolen property, making false claims, and/or obstruction of justice during the past seven years preceding this Contract and will not for the duration of this Contract;

C. Neither Bidder’s organization nor its principals or authorized representatives are presently debarred, suspended, proposed for debarment, declared ineligible, disqualified, or voluntarily excluded from participation in this transaction by any Federal/State department or agency; and D. Bidder has an ongoing duty to inform TDA promptly if the business entity or assigned staff or representatives no longer meet the above requirements.

7. AWARD

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

PCO 807 Formal IFB Template Page 2 of 2 Version 6 Revision 06.04.2025

Section IV – required Bidder information Bidder must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified goods or services on time.

1. AFFIRMATIONS AND CERTIFICATIONS

Bidder must complete and return the following listed forms:

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

2) Exhibit B – HUB Subcontracting Plan (HSP) (If applicable);

3) Exhibit H – Key Contracting Persons Disclosure Statement;

4) Exhibit I - Certification Regarding Lobbying;

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

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

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

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

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

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

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

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

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

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

1. Ethics Affirmation In submitting a bid in response to this IFB, Contractor affirms that it has not given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

1. References In its Bid(s), Bidder must provide a list of one (1) entities other than TDA for which Bidder has provided services and/or products described in this solicitation during the past one (1) years. For each of the three references, Bidder must include dates when items that were the same or similar to those requested in this solicitation were provided, and the names, telephone numbers and e-mail addresses of the entity’s contact person. Bidder must provide the reference information in a format similar to the following:

1) Entity Name:

Date Item(s) Provided:

Name of Entity’s Contact Person:

Telephone Number of Entity’s Contact Person:

E-mail Address of Entity’s Contact Person:

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

TDA is not obligated to contact Bidder in the event incomplete reference information is submitted in the Bid(s).