ESBD_431274_1751488913349_1_Part A 304T-26-325M2 Animal Feed.pdf

9.2-2024 Solicitation No. 304T-26-325M2

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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Animal Feed, Vitamins, and Supplements

IFB No. 304T-26-325M2

NIGP CLASS-ITEMS

325-12 325-52

325-26 325-76

325-32 325-78

325-84

SCHEDULE OF EVENTS

ESBD Posting Date 7/2/2025

Pre-Bid Conference Date and Time 7/15/2025 @ 10:00 AM C.S.T.

Questions Submission Deadline Date 7/16/2025

Response to Questions through Addendum Date, or as soon thereafter as practical 7/17/2025

RESPONSE DUE DATE 8/4/2025

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and

Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E – SELF INSURED RENTENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or

Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

MANUFACTURER’S PRICE LIST, as applicable

DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

REQUIRED LICENSE, if applicable – Reference Part A.7.2

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.16 AND SECTION A.17 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.4.2 PRICING – SOYBEAN

A.4.3 PRICING – OATS AND CORN

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION

A.5.3 PRICE ADJUSTMENT REQUESTS

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 REFERENCED BRAND EXAMPLE

A.7.2 LICENSE REQUIREMENTS

A.7.3 SPECIFICATIONS

A.7.4 SAMPLE TESTING – POST AWARD

A.7.5 CONDITION OF PRODUCTS

A.7.6 QUANTITIES

A.7.7 WARRANTY/GUARANTEE

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 PACKAGING AND LABELING

A.8.3 SPECIAL DELIVERY REQUIREMENTS

A.8.4 HOURS OF DELIVERY

A.8.5 DELIVERY SCHEDULE

A.8.6 DELIVERY DELAYS

A.8.7 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.3 REPORTING REQUIREMENTS (MANAGED)

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 PRE-BID CONFERENCE

A.11.6 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 HUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

A.14.3 BEST VALUE

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A.14.4 TIES

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

A.15.4 SUBSTITUTIONS

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D – INSURANCE STATEMENT OF INTENT

A.16.6 ATTACHMENT E – SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.16.7 MANDATORY PRICE SHEET

A.16.8 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.9 MANUFACTURER’S PRICE LIST

A.16.10 DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

A.16.11 LICENSE REQUIREMENT (IF APPLICABLE)

A.16.12 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

Chicago Board of Trade

The Chicago Board of Trade (CBOT) is one of the world’s oldest futures and options exchanges. The CBOT facilitates the trading of a variety of financial and commodity derivatives, including futures contracts for agricultural products.

Chicago

Mercantile

Exchange

Group

The Chicago Mercantile Exchange (CME) Group is a financial exchange company that operates futures and options exchanges. The CME Group offers one of the largest and most diverse financial exchanges globally and includes the

CBOT under its wide array of various asset classes.

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA

The Texas Comptroller of Public Accounts, the state agency issuing this

Solicitation.

Customer

State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

ESBD

The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd

FYT

One unit of phytase activity (FYT) is defined as the quantity that enzyme which liberates 1 micromole of inorganic phosphorus per minute.

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

MCG A microgram (MCG) is one millionth of a gram.

MEQ

Milliequivalents (MEQ) is a unit of measurement used in a blood test called the anion gap, which measures the electrically charged particles in blood.

Party or Parties Either CPA or Respondent, separately or collectively.

Respondent Any person or company that submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Solicitation

This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

IU/LB

IU/LB stands for International Units per pound, which is a unit of measurement used on feed tags to indicate the concentration of fat-soluble vitamins A, D, and

E in a given amount of feed.

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for Animal

Feed, Vitamins, and Supplements.

A major customer for these items is the Texas Department of Criminal Justice.

http://www.txsmartbuy.com/esbd

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A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on August 31, 2026

1st Renewal Option: September 01, 2026, through August 31, 2027

2nd Renewal Option: September 01, 2027, through August 31, 2028

3rd Renewal Option: September 01, 2028, through August 31, 2029

4th Renewal Option: September 01, 2029, up to one (1) additional year

CPA may unilaterally renew the Contract.

A.4 PRICING

A.4.1 Pricing Structure – Firm Price with Escalation

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a

Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

Unit prices must include all Contract requirements. Shipping shall be FOB Destination; therefore, unit prices must include delivery to the specified location on the Mandatory Price Sheet (all shipping, handling, and delivery fees and fuel surcharges).

Firm Price with Escalation Applies to:

Line 1: Ground Limestone

Line 4: Premix Cage Layer Feed, Non-Medicated

Line 5: Premix Cage Layer Feed, Medicated

Lines 6-7: Swine Finisher Base Mix Feed

Lines 8-16: Bulk Liquid Feed for Beef Cattle on Pasture

Line 17: Monocalcium Phosphate

Line 18: Dry Fat, Feed Grade

Line 19: Alfalfa Pellets

Lines 20-21: Grower Basemix for Pigs

Lines 22-23: Mixed Feed

Line 24: Soy Hull Pellets

Line 25: Equine Balancer

Line 26: Cattle Mineral, High Salt

Line 27: Cattle Mineral, Low Salt

Lines 28-29: Cattle Mineral Supplement, with Methoprene

Lines 30-31: Cattle Mineral Supplement

Line 32-33: Sow Gestation Premix

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Lines 34-35: Sow Lactation Premix

Lines 36-37: Sow Laxative Additive Foundation Boost

Lines 38-39: Nursey Complete Feed Pigs 11-18 Pounds

Lines 40-41: Starter Basemix for Nursery Pigs 17-22 Pounds

Line 43: Cottonseed Hulls

Line 44: Feed, Grower Basemix for Pigs, 50-80 Pounds

Line 45: Feed, Starter Basemix for Pigs, 24-50 Pounds

A.4.2 Pricing – Soybean

Lines 2-3: Soybean Meal

Delivered product pricing is derived by taking the corresponding month closing price on the CBOT for the date ordered + Constant. On the Mandatory Price Sheet for lines 42, 46-47, the Respondent shall enter the Constant in the column labeled price per UOM.

When entering the Contractor’s Constant into the column labeled Price per UOM on the mandatory price sheet, the Respondent must include all IFB requirements. Shipping shall be F.O.B destination;

therefore, the Contractor’s Constant price must include delivery to Lovelady, Tx (Lines 42 & 46) and

Tennessee Colony, Tx (Line 47) (all shipping, handling/delivery fees and fuel surcharges).

Contractor’s Constant will be a firm, fixed rate for the life of the contract. Price increases are not allowed.

The price per ton will be determined at time an order is placed by the customer and will be calculated as follows:

CBOT Price / 100 = CBOT Price per (Short) Ton

CBOT Price per Ton + Contractor’s Constant = Price per Ton (Delivered Product Pricing)

All soybean meal tonnage must be priced prior to the expiration of its respective future. Futures expire on the 14th of the month or on the previous business day if the 14th falls on a weekend. If the

Customer has not contacted the Contractor to price open tonnage before the expiration, it will be priced on the close of the expiration. The closing price of the CBOT will be verified by the customer and the

Contractor on the CME website:

www.cmegroup.com

Lines 2-3: http://www.CMEgroup.com/trading/agricultural/grain-and-oilseed/soybean-meal.html

A.4.3 Pricing – Oats and Corn

Line 42: Feed Oats

Lines 46-47: Yellow Corn

Delivered product pricing is derived by taking the corresponding month closing price on the CBOT for the date ordered + Constant. On the Mandatory Price Sheet for lines 42, 46-47, the Respondent shall enter the Constant in the column labeled price per UOM.

http://www.cmegroup.com/ http://www.cmegroup.com/trading/agricultural/grain-and-oilseed/soybean-meal.html

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When entering the Contractor’s Constant into the column labeled Price per UOM on the mandatory price sheet, the Respondent must include all IFB requirements. Shipping shall be F.O.B destination;

therefore, the Contractor’s Constant price must include delivery to Lovelady, Tx (Lines 42 & 46) and

Tennessee Colony, Tx (Line 47) (all shipping, handling/delivery fees and fuel surcharges).

Contractor’s Constant will be a firm, fixed rate for the life of the contract. Price increases are not allowed.

The price per ton will be determined at time an order is placed by the customer and will be calculated as follows:

CBOT Corresponding Month Closing Price / 80 Tons = CBOT Price per Ton

CBOT Price per Ton + Contractor’s Constant = Price per Ton (Delivered Product Pricing)

The closing price of the CBOT will be verified by the customer and the Contractor on the CME website: www.cmegroup.com

Line 42: https://www.cmegroup.com/trading/agricultural/grain-and-oilseed/oats_quotes_globex.html

Lines 46-47: https://www.cmegroup.com/markets/agriculture/grains/corn.quotes.html

A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that becomes available. Contractor shall notify CPA of price decreases or discount increases by email to:

spd.cmo@cpa.texas.gov

A.5.2 Price Adjustment Calculation

Depending on the line item, Respondents may request price increases based upon PPI or MPL respectively.

Producer Price Index:

For the lines identified below, prices may be adjusted annually at time of renewal or at the sole discretion of CPA throughout the term of the Contract upwardly or downwardly when correlated with the index specified below and published by the Bureau of Labor Statistics (BLS).

BLS website: http://data.bls.gov/cgi-bin/srgate

Line 1: PCU2123122123120 - Crushed and Broken Limestone

Lines 4-5: WPU029310102 – Chicken and Turkey Feed, Supplements, Concentrates, and Premixes

Lines 6-7, 20-21, 32-41, 44-45: WPU02930115 – Swine Feed, Supplements, Concentrates, and

Premixes

Lines 8-16, 26-31: WPU02930117 - Beef Cattle Feed, Supplements, Concentrates, and Premixes

Line 17: WPU0652026A2 – Superphosphates and other Phosphate Fertilizer Materials

Line 18: PCU311119311119 – Other Animal Food Manufacturing http://www.cmegroup.com/ https://www.cmegroup.com/trading/agricultural/grain-and-oilseed/oats_quotes_globex.html https://www.cmegroup.com/markets/agriculture/grains/corn.quotes.html mailto:spd.cmo@cpa.texas.gov http://data.bls.gov/cgi-bin/srgate

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Line 19: WPU01810101 – Alfalfa Hay

Lines 22-23: WPU029 – Prepared Animal Feed

Line 24: WPU0292 - Soybean Cake, Meal, and other Byproducts

Line 25: WPU02930118 – Poultry, excluding Chicken and Turkey, and Livestock, Excluding Cattle and Swine Feed

Line 43: WPU027A0105 – Cottonseed Cake, Meal, Hulls, and other Byproducts

Note: Enter the index number in the Series ID box and click Next and “Retrieve Data.”

For a price adjustment request, after the initial contract term, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Awarded Price ÷ Original Index) x New Index, where:

(1) “Original Awarded Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Index” is the index value for the month and year that Responses to this Solicitation were submitted; and

(3) “New Index” is the index value for the month and year that the price increase request is submitted.

If the Respondent can demonstrate that the price index lags behind costs of performance or does not account for significant costs of performance, Respondent may request CPA to consider other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable. Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is

$30.00 of the total cost). CPA may reject cost documentation in its sole discretion.

Manufacturer’s Price List:

The below line items provide for price increases only in connection with increases in manufacturer list pricing. To be eligible for a contractual price increase on any item, Respondent must submit an acceptable manufacturer’s price list that includes the item. The list must be current as of the submission date of the bid and price increase request. The list must be in a form recognized in the applicable industry; a price list prepared for purposes of this Solicitation is not acceptable. The list must include an effective date or other verification that it is current. CPA must be able to verify the list using an external or third-party source, such as reviewing the manufacturer’s website or corresponding with the manufacturer’s representative. CPA may reject a price list in its sole discretion. CPA may disqualify any Response that does not include a manufacturer’s price list.

Lines 8-16: Bulk Liquid Feed for Beef Cattle on Pasture

Lines 22-23: Mixed Feed

Line 26: Cattle Mineral, High Salt

Line 27: Cattle Mineral, Low Salt

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For a price adjustment request, after the initial contract, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Price ÷ Original Mfg. Price) x New Mfg. Price, where:

(1) “Original Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Mfg. Price” is the price reflected on the manufacturer’s price list submitted with the response or alternate cost documentation accepted by CPA in accordance with the below paragraphs;

(3) “New Mfg. Price” is the price reflected in the manufacturer’s price documentation or alternate cost documentation submitted by Contractor in support of its price adjustment request that CPA in its sole discretion determines is acceptable.

If the Respondent can demonstrate that the above referenced price adjustment methods do not account for significant costs of performance, Respondent may request CPA to consider other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable. Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is $30.00 of the total cost).

CPA may reject cost documentation in its sole discretion.

Ineligibility for Price Increases. If Respondent fails to provide an acceptable manufacturer’s price list, applicable PPI, or acceptable alternate cost documentation related to a particular item, CPA may award a Contract at a firm, fixed price for those items. Respondent will not be eligible for any price increases for the duration of the Contract, including all renewal and extension periods.

A.5.3 Price Adjustment Requests

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the

Contract, price adjustments may be requested based upon the formula in Section A.5.2.

CPA may accept, reject, or negotiate price adjustments. The Contractor will receive written notification from Statewide Contract Management (SCM) documenting action taken, including effective dates, when appropriate.

If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the Contract price in effect when issued.

Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov .

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A.5.4 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the

Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract (and any renewal periods) the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See

Section A.16.8. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Any insurance required to be compliant with applicable Federal, State, and Local regulations for the goods or services provided.

Statutory limits

Commercial General Liability

(Occurrence based)

Required types of coverage: Blanket, Broad

Form Property Damage, Premises and

Operations Hazards, Products and Completed

Operations Hazards, Independent Contractor’s, and Contractual Liability

Bodily Injury and Property Damage

$1,000,000 Each Occurrence Limit

$1,000,000 Products/Completed

Operations Aggregate Limit

$1,000,000 Personal Injury and

Advertising Liability

Automobile Liability

All Owned, Hired and Non-Owned Vehicles

(Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

$500,000 Combined Single Limit (for each accident)

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

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Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

All required insurance policies must be issued from a company or companies with a Financial Strength

Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the

State of Texas and in a form satisfactory to CPA. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this

Contract or any purchase order.

Contractor shall submit current certificates of insurance to CPA within five business days of receiving a request from CPA. In its sole discretion, CPA may allow Contractor to satisfy insurance requirements with coverage of a third-party providing goods or services under the Contract, such as products liability coverage provided by a manufacturer, that will provide comparable protection to

CPA and Customers. However, the Contractor shall maintain at least $1,000,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section

A.11.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the

Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide any documentation requested by SPD. If the Respondent intends to use SIR, Respondent must complete and return Attachment E - Self Insured Retention Certification and Request for Approval.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

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Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Referenced Brand Example

Catalogs, brand names, or manufacturer’s references are descriptive only and indicate type and quality desired. Responses on brands of like nature and quality will be considered. If proposing other than the referenced brand and model number, Response must include manufacturer, brand, or trade name, product number and provide complete descriptive information of product offered.

A.7.2 License Requirements

Per Texas Statute, Agriculture Code, Chapter 141 - Commercial Feed, Section 141.021, A person may not manufacture or distribute commercial feed in this state without a valid current license issued by the

Service for each feed facility that manufactures or distributes commercial feed. The Service is defined as the Texas Feed and Fertilizer Control Service per Texas Statute, Agriculture Code, Chapter 141-

Commercial Feed, Section 141.001. A person making only retail sales of commercial feed bearing the label of a licensed manufacturer, guarantor, or distributor is not required to obtain a license.

A license is required for the following line items:

Line 24: Soy Hull Pellets

Line 42: Feed Oats

Line 43: Cottonseed Hulls

Line 46: Yellow Corn

A.7.3 Specifications

Reference the Mandatory Price Sheet for line items.

Reference Attachment F –Requirements and Specifications

A.7.4 Sample Testing – Post Award

The Customer may perform sample testing. This sample may be pulled from each shipment or lot. The sample must conform to the item specification of this Solicitation. If a sample does not conform to the specifications, Customer may reject the shipment or lot and return or dispose of it at the Contractor’s expense. Reference Section A.8.7 – Compliant Products.

A.7.5 Condition of Products

Proposed and delivered products must be new, unused, the latest model in current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable.

A.7.6 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed. Quantities indicated for each item in the

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Mandatory Price Sheet are estimates only and are based upon previous usage for a one-year period, if available, along with other data. These estimates should not be construed as a minimum or a maximum quantity that Customers may order.

A.7.7 Warranty/Guarantee

(1) Warranty/Guarantee

The warranty period will begin on the date of the Customer’s acceptance of each product.

Contractor warrants against defects in workmanship and material for a period of (i) 90 days or

(ii) the duration of the manufacturer’s standard warranty, whichever is longer. If no time or specific protocol for acceptance is specified elsewhere in the Contract or the Customer purchase order, items are presumed accepted ten working days after receipt by the Customer.

The warranty will apply to any warranty service or repair requested by Customer during the warranty period by contacting the Contractor or Contractor’s designee with such request, regardless of the amount of time required to complete the service or repair. Contractor’s warranty obligations will survive the termination of this Contract.

(2) Replacement

a. Contractor shall replace defective products during the initial Contract term and any exercised renewals.

b. The replacements must be processed and received by the Customer within two weeks of written notice of the defects to the Contractor.

c. Contractor will provide replacements free of charge, including any shipping necessary to return the product when necessary.

d. In lieu of replacement, Contractor will refund the full purchase price of the product, upon customer request.

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

A.8.2 Packaging and Labeling

All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

A.8.3 Special Delivery Requirements

Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

Delivery requirements:

(1) Bagged Products

a. Standard four-way wooden pallet

b. Pallet dimensions 40 inches by 48 inches

c. Pallets will be returned to Contractor(s) by exchange of pallets in like condition

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(2) Tags or labels to contain:

a. Product name

b. List of ingredients

c. Percentages

d. Lot

e. Batch number

f. Guaranteed analysis per minimum labeling requirements

g. If applicable, label of a licensed manufacturer, guarantor, or distributor.

(3) Bulk Deliveries: Each load shall include a certified weight ticket

(4) Emergency Delivery: At least one truckload may be requested for delivery within 72 hours of

Contractor notification.

(5) Customer reserves the right to re-direct the original quantities, or a portion there-of, including any freight adjustments from one location to another at the price awarded to the receiving location.

A.8.4 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside

Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.5 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Failure to state delivery time may disqualify the Response. See Section

A.14.3 to see how the Respondent’s delivery schedule impacts evaluation of the Response.

NOTE: See Section A.4 Pricing regarding FOB shipping.

A.8.6 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.8.7 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s address specified on the purchase order, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If

Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense. CPA and the Customer may exercise contractual remedies in connection with late delivery.

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A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or

Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

Purchase orders dated during the term of the Contract must be honored, even if received by the

Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.10.2 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and

Customer purchase order number.

A.10.3 Reporting Requirements (Managed)

By the 10th day of every calendar month, Contractor must report the past month’s sales under the

Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by

CPA.CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.10.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

mailto:tcmo.reporting@cpa.texas.gov

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A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the

ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its

Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.11.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.11.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If

Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.11.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this

Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.16 and A.17.

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Primary Point of Contact - CPA Contract Specialist

Hudson Whaley, CTCD, CTCM

512-936-5609

Email: Hudson.Whaley@cpa.texas.gov

Secondary Point of Contact

Statewide Contract Development (SCD)

Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide

Contract Management at spd.cmo@cpa.texas.gov.

A.11.5 Pre-Bid Conference

The Pre-Bid Conference is scheduled for the date and time listed in the Schedule of Events on the cover page. The location of the conference is:

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+1 737-471-3847,,971171801# United States, Austin

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Phone conference ID: 971 171 801#

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Tenant key: txcpa@m.webex.com

Video ID: 113 045 295 6

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The Pre-Bid Conference is an opportunity for vendors to hear information about the Solicitation and ask questions about the solicitation. While attendance is not mandatory, it is highly encouraged.

Vendors should notify the Point of Contact that they plan to attend the Pre-Bid Conference no later than July 14, 2025.

A.11.6 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information

Attachment C - Preferences

Attachment D - Insurance Statement of Intent

Attachment E – Self Insured Retention Certification and Request for Approval

Attachment F – Requirements and Specifications

5. Mandatory Price Sheet in both .xml and .xlsx format (.xml is preferred) mailto:Hudson.Whaley@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov mailto:spd.cmo@cpa.texas.gov https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTliYzAyZjctYzg2Ni00NGYyLWE4MTgtY2NjZmRkNzk4MzQy%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%22e60ca23d-ad78-49a5-88e4-85cfcad3a611%22%7d tel:+17374713847,,971171801 https://dialin.teams.microsoft.com/58d35282-7dff-490c-8e1a-27eb861dcb13?id=971171801 mailto:txcpa@m.webex.com https://www.webex.com/msteams?confid=1130452956&tenantkey=txcpa&domain=m.webex.com

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A.12 HUB SUBCONTRACTING PLAN

CPA has reviewed this solicitation and determined there are no probable subcontracting opportunities.

Therefore, a HUB Subcontracting Plan (HSP) is not required for this solicitation unless a Respondent will use subcontractors. If a Respondent will subcontract any portion of this Contract, the Respondent must submit a completed HSP located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php, with its Response.

A.13 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested

Parties at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm; (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by

TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for

Respondent’s failure to comply with this requirement.

A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any

Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A), failure to submit the Mandatory Price Sheet, or failure to return a required HUB subcontracting plan, will result in disqualification.

A.14.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the

Contract. The Respondent bears the burden of establishing:

(1) ability, capacity, and skill to perform the contract or provide the service required;

(2) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

(3) character, responsibility, and integrity;

(4) current compliance with laws relating to the contract or service;

(5) sufficient financial resources to perform the contract and provide the service; and

(6) conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

(1) A score of less than a C in the Vendor Performance Tracking System;

https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcomptroller.texas.gov%2Fpurchasing%2Fvendor%2Fhub%2Fforms.php&data=02%7C01%7C%7C23cca4c0388b4d3dc43108d62fb470c8%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C636748849367763372&sdata=1W%2BS%2BvP6a01dQHgFV9YBwPv87%2B%2B%2Bs3AyHsIOuKiV618%3D&reserved=0 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm;

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(2) Currently under a corrective action plan for a CPA contract;

(3) Repeated negative Vendor Performance Reports for the same stated reason;

(4) A record of repeated non-responsiveness to vendor performance issues; and

(5) Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.com/vpts

Vendor Performance may also be used to determine a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

A.14.3 Best Value

CPA will determine best value for the state as directed by Texas Government Code § 2155.074. CPA will consider compliance with specifications, purchase price, and risk of vendor non-performance as described in A.14.2 above. Delivery ARO may be reviewed as a best value factor. If extended delivery timeframes have an impact on the State, the Response may not be considered for award

A.14.4 Ties

CPA may break a tie by applying preferences under state law that were claimed in the Response. If no preference applies, CPA may award tied items to a randomly selected Respondent that offers best value.

A.15 AWARDS

A.15.1 Award Approach

CPA intends to make an award to the vendor providing the best value to the state for each line item.

This may result in awarding different line items to different vendors.

A.15.2 Non-award

CPA may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

A.15.3 Award Notice

If the Solicitation is awarded, CPA will issue a Notice of Award to the successful Respondents. The

Notice of Award will be transmitted via email to the Authorized Respondent Representative.

A.15.4 Substitutions

The Contractor shall not substitute a contract item or brand without prior written approval from

Statewide Contract Management.

http://www.txsmartbuy.com/vpts

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A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 Confidential/Proprietary Information

If any material in the Response is confidential or proprietary, Respondent must clearly mark those pages as “confidential” in bold type. Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas

Public Information Act. Respondent must also provide a redacted copy of any Response document marked confidential or proprietary. A blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not sufficient and may make the entire

Response subject to release under the Act. Any information not clearly identified as confidential may be disclosed.

See also Section B.2.4 of Part B of this Solicitation for additional terms and conditions related to the

Public Information Act.

A.16.2 Attachment A - Execution of Response

Respondent must complete, sign, and submit the Execution of Response – Attachment A. Failure to complete, sign, and submit this form will disqualify the Response.

A.16.3 Attachment B - Respondent Information

Respondent must provide all requested information on Attachment B and submit the form with

Response.

A.16.4 Attachment C - Preferences

Respondents should review this attachment and complete it. CPA will apply preferences as required by law.

A.16.5 Attachment D – Insurance Statement of Intent

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.6.

A.16.6 Attachment E – Self Insured Retention Certification and Request for Approval

Only if the Respondent has elected for Self Insured Retention on any required insurance coverage

(reference Part A, Section A.6), the Respondent should complete and return Attachment E - Self

Insured Retention Certification and Request for Approval with its response.

A.16.7 Mandatory Price Sheet

Respondent must complete the Mandatory Price Sheet and return with Response in the format requested. CPA will disqualify Responses received without the Mandatory Price Sheet.

Respondent should not manipulate or modify the price sheet, other than by entering the requested information in the provided spaces. Alteration to the Mandatory Price Sheet may lead to disqualification. If Respondent represents multiple brands or has multiple qualifying models with different pricing, Respondent may submit multiple bids for a single line item by submitting multiple

Mandatory Price Sheets.

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The Mandatory Price Sheet is available in two formats, .xml and .xlsx. Respondent can select either format (.xml version is preferred). Respondent should submit only one Mandatory Price Sheet unless submitting a separate Response for multiple brands or models.

A.16.8 Negotiations, Assumptions, and Exceptions

The inclusion of assumptions in a Response may render it nonresponsive. No assumptions should be included in a Response.