ESBD_434663_1752179646069_5510000623 Fulfillment Services IFB.pdf

PCO 807 Formal IFB Template Page 1 of 29 Version 6 Revision 1/07/2025

Texas Department of Agriculture Purchasing and Contracting Office

1700 N. Congress Avenue Austin, Texas 78701

CONTRACT No. SOLICITATION No. TYPE OF SOLICITATION Date Issued

5510000623 5510000623 Invitation For Bid Thursday, July 10, 2025

Fulfillment Services Bidder must submit sealed response no later than 5:00 PM CT on Friday, August 8, 2025, to the following address: bidroom@texasagriculture.gov

For information contact:

Elizabeth Shane elizabeth.shane@texasagriculture.gov

RESPONSE (Bidder must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

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

ADDENDUM

NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF BIDDER:

RESPONSE DATE TELEPHONE NO. (Include area code)

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 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 in 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 the Bidder’s response, immediately cancelling any Contract awarded to Successful Bidder, or recommending State of Texas debarment.

mailto:bidroom@texasagriculture.gov mailto:elizabeth.shane@texasagriculture.gov mailto:Bidroom@texasagriculture.gov

PCO 807 Formal IFB Template Page 2 of 29

TABLE OF CONTENTS

SECTION I – INTRODUCTION AND SPE CIFICATIONS

1 INTRODUCTION

2 BACKGROUND

3 LEGAL AUTHORITY

4 DEFINITIONS

5 SPECIFICATIONS/STATEMENT OF WORK

6 CONTRACT TERM

7 INVOICING

SECTION I I – ADMINISTRATIVE INFORMATION

1 SCHEDULE OF EVENTS

2 INQUIRIES

3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

4 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

5 EXCEPTIONS

SECTION I I I – SOLIC ITATION RE SPONSE E VALUATION AND AWARD PROCE SS

1 EVALUATION CRITERIA

SECTION IV – RE QUIRE D BIDDER INFORM ATION

1 AFFIRMATIONS AND CERTIFICATIONS

2 COMPANY PROFILE

3 FINANCIAL RESPONSIBILITY QUESTIONNAIRE

4 ETHICS AFFIRMATION

5 REFERENCES

6 CONFLICT OF INTEREST

7 DATA SECURITY REQUIREMENTS

SECTION V – ADDITIONAL TERMS AND CONDITIONS

1 AMENDMENT

2 OFFER PERIOD

3 COSTS INCURRED

4 CONTRACT RESPONSIBILITY

5 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

6 BIDDER WAIVER – INTELLECTUAL PROPERTY

7 TEXAS STATE AUDITOR’S OFFICE

8 INSURANCE

9 PROTEST

SECTION VI – EXHIB IT AND SUBM ISSION CHECKLIST

PCO 807 Formal IFB Template Page 3 of 29

SECTION I – INTRODUCTION AND SPECIFICATIONS

1 INTRODUCTION

The Texas Department of Agriculture (TDA), an agency of the State of Texas, is seeking qualified vendors to respond to this Invitation for Bid (IFB). TDA is seeking to procure a vendor to provide Fulfillment Services such as packaging project items for mail-out and sourcing necessary materials for the Food and Nutrition Division (F&N). Services include, but are not limited to data processing, packaging, labeling, mailing literature. The services are intended to support a wide range of projects, including but not limited to, the following: the annual distribution of posters and support materials for the National School Lunch Week, and School Breakfast Week campaigns; statewide distribution of summer outreach materials such as door hangers, posters, yard signs, etc. and the distribution of brochures, stickers, clings and similar stock to schools participating in the Farm Fresh Initiative. Bidder’s will be required to provide TDA with the deliverables as specified in this IFB and as agreed upon under any contract(s) resulting from this solicitation.

TDA's F&N administers twelve (12) federally funded child and special nutrition programs for the State of Texas. The programs and materials are administered by TDA with the oversight and funding source coming from the United States Department of Agriculture (USDA). TDA supports providers of nutrition assistance by helping ensure accountability and the efficient use of taxpayer dollars to nourish Texans in need. These nutrition programs exemplify the 3E’s of Healthy Living: Education, Exercise and Eating Right and are available for Texans of every age and background.

TDA intends to utilize Fulfillment Services (Services), as requested in this IFB, to carry out a variety of projects related to the twelve (12) nutrition assistance programs, as well as accomplishing agency-led initiatives throughout the year.

The fulfillment projects range in size. Provided below is an example of a medium sized project and what F&N considers a large fulfillment job. All data files to complete any project will be supplied by TDA.

A. Medium Fulfillment Project:

Each year TDA develops collateral materials and publications for the National School Lunch Week (NSLW) campaign, an annual, week-long celebration held in October. This collateral is distributed to 9,000 participating schools. Collateral includes, but may be subject to change:

1. Elementary Posters

2. Middle/HS Posters

3. Parent Flyers and Parent Invite Postcards

B. Large Fulfillment Project:

Each year, over the course of several months TDA distributes materials to various

PCO 807 Formal IFB Template Page 4 of 29 contracted facilities across the state of Texas to aid them in promoting the Summer Meal Programs at the local level and throughout the state. Overall, the distribution includes about 26,500 recipients and about 5.5 million total materials. Collateral includes, but may be subject to change:

1. Summer Program Posters

2. Parent Information Cards

3. Door Hangers

4. Postcards

5. Yard Signs and Stakes

6. Bookmarks

The Services are required to deliver collateral materials successfully to each location. The TDA F&N Project Manager will create fulfillment instructions for each project, which contains all necessary information to successfully complete these projects.

BIDDERS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION

CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AS DIRECTED.

All costs associated with the solicitation must be included in the 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.

2 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, TDA’s responsibilities expanded significantly, including the absorption of the Department of Rural Affairs and the State Office of Rural Health in 2011.

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

The Department has a 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.

PCO 807 Formal IFB Template Page 5 of 29

3. Regulating agriculture-related activities in the marketplace to protect consumers, such as retail package content and weighing 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.

3 LEGAL AUTHORITY

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

4 ACRONYMS & 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) 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.

PCO 807 Formal IFB Template Page 6 of 29

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. Invitation for Bid: IFB

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

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

17. Solicitation means this IFB.

18. TAC means Texas Administrative Code.

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

20. Vendor Performance Tracking System -VPTS

5 STATEMENT OF WORK

TDA is seeking a bid that will provide comprehensive fulfillment services. TDA will oversee all performances as further described in this Statement of Work (SOW).

This section provides an outline of the project and service specifications requested by F&N and requires bidders to provide information about the organization's viability, experience, and capability to successfully perform and provide the Services according to the following parameters, demographics, deliverables and requirements.

TDA reserves the right, in its sole judgment and discretion, to award multiple contracts under the terms of this IFB. All bidders must provide a complete and detailed statement of qualifications and experience as requested under this IFB.

PCO 807 Formal IFB Template Page 7 of 29

5.1 DELIVERABLES

The TDA F&N Project manager will be issuing fulfillment instructions on a per-project basis that will lay out the scope and specify the expectations and due dates. TDA will provide Smartsheet access to the Contractor(s) for them to enter the date of shipment and shipment tracking number for each project. Deliverables can include, but are not limited to:

1. Confirming material quantities and distribution.

2. TDA provided data files and tracking numbers.

3. Delivery/project due dates.

4. Receiving requirements, such as a bill of lading.

5. Project close-out instructions, such as labels, boxing, and delivering items back to the TDA Project Manager desired location.

6. No storage charge. The Contractor(s) shall return all unused materials back to the TDA Austin warehouse.

7. Annual fulfillment projects may include but are not limited to:

Event/Celebration Fulfillment Projects Approximate Number of Addresses Type of Printed Materials

National School Breakfast Week 350 Elementary School Poster Elementary Participation Chart Middle/High School Poster

National School Lunch Week 625

Elementary Poster Elementary Parent Flyer Middle/High School Poster

School Lunch Hero Day 425 Elementary & Middle/High School Poster

National CACFP Week 565 CACFP Poster Parent Postcard Activity Sheets

Program Fulfillment Projects Approximate Number of Addresses Type of Printed Materials

TEFAP Reach & Resiliency Grant September - August -All Year 75

Know Before You Go One-Pager Parent Info Card + Bookmark TEFAP Poster

Farmers Market Nutrition Program February - August only 25

FMNP Voucher Booklet FMNP Promo & Vendor Poster

Senior Farmers Market Nutrition Program February - August only 25

SFMNP Voucher Booklet SFMNP Promo & Vendor Poster

Farm Fresh Challenge Approximate Number of Addresses Type of Printed Materials

Fall Mailer (Pledge) 300 Various Materials (Large Envelope)

PCO 807 Formal IFB Template Page 8 of 29

Event/Celebration Fulfillment Projects Approximate Number of Addresses Type of Printed Materials

Spring Mailer (Recognition) 250 Various Materials (Large Envelope)

Farm Fresh Network Welcome Mailer Approximate Number of Addresses Type of Printed Materials

Farm Fresh Network Welcome Mailer 75 Various Materials (Large Envelope)

Summer Food Programs Approximate Number of Addresses Type of Printed Materials

Summer Food Programs (SFSP/SSO) May - August only 225

Poster Yard Signs (Total of 4) Door Hanger Bookmark

Summer School Mail Out (ALL) Approximate Number of Addresses Type of Printed Materials

Summer School Mail Out (ALL) 1,825 Parent Info Card

5.2 TDA RESPONSIBILITIES

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

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

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

1. TDA will provide as much lead time as possible in every project, including a minimum of four (4) weeks.

2. Provide data file and fulfillment instructions to Contractor a minimum of three (3) business days prior to anticipated project start date

3. Review tracking numbers and spot check deliveries to ensure recipients received package(s)

4. Materials needed for fulfillment, unless otherwise stated in project fulfillment instructions - print needs may be needed

5. Images and text requirements for box label creation

6. TDA Warehouse tracking number (F&N Number) for each material

7. Work with Contractor to fix any mailing issues or errors

8. Make payment to the Contractor for approved costs incurred during the service period, provided Contractor completes the project, submits a complete, correct and properly documented invoice as required under this IFB and the awarded contract, if any.

5.3 CONTRACTOR RESPONSIBILITIES

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

PCO 807 Formal IFB Template Page 9 of 29

1. Review the scope of each project with the F&N Project Manager and recommend the best options for fulfillment of such project;

2. Participate in a kick-off meeting by phone with F&N Project Manager prior to the start of each fulfillment project;

3. Maintain all records through the entire life of the contract;

4. Conduct and document quality control through generally accepted business methods, such as inspection, proofreading, testing and general supervisory oversight for every project prior to final distribution;

5. Provide quality control documentation to TDA upon request;

6. Provide customer support to F&N Project Manager when needed;

7. Confirm collateral count and provide to TDA before beginning any fulfillment project;

8. Establish detailed timelines, subject to approval by TDA, and manage numerous tasks simultaneously to ensure timely project completion;

9. Work under pressure and meet tight deadlines;

10. Conduct industry standard employment background checks on all personnel assigned to work on any TDA projects at no cost to TDA;

11. Document the ability and capacity, including the existence of necessary and trained personnel, to work on multiple TDA projects at one time;

12. Provide quotes for each project via the specifications and timeline written in the TDA F&N provided fulfillment instructions;

13. Provide packaging options that best preserve the integrity of each piece included in the project;

14. Source all materials necessary for successfully completing the project, for instance, boxes, tape, chipboard, bubble wrap and other items for any project at the Contractor’s location or TDA Offices;

15. data processing, packaging, labeling;

16. Print items such as, but not limited to, cover sheets, direct mail postcards and letters;

17. Confirm count of all materials received from F&N or another outside source prior to the start of the fulfillment project;

18. Coordinate the pick-up and mailing of all packages using a mail carrier acceptable to TDA;

PCO 807 Formal IFB Template Page 10 of 29

19. Coordinate the pick-up of materials needed to complete projects within Austin, for example: sending a courier to pick up letters from the Stephen F. Austin building or picking up large pallets of materials from a print vendor or from the TDA Warehouse if delivery cannot occur for any reason;

20. Provide TDA's Project Manager with status updates via email while a fulfillment project is in progress;

21. Update TDA provided data file with tracking number(s), and provide to the F&N Project Manager; and

22. Confirm count of all leftover collateral at end of project, box, label with various information and F&N number, and deliver all remaining materials to a location as determined by the F&N Project Manager.

23. At the completion of each project, Contractor shall:

a. Follow project close out instructions;

b. count all remaining materials;

c. box those materials that are alike together;

d. label the outside of each box with quantity and name of item and the F&N # (this number will be supplied at the beginning of the project for each material);

e. inform TDA F&N Project Manager of box count so the Warehouse/Mail Room can be informed of the delivery; and

f. arrange which delivery location listed below is best to return all remaining materials. Locations are: TDA warehouse located at 7031 B US Hwy 290 E, Austin, TX 78723, or the TDA Offices, located in the Stephen F. Austin building at 1700 North Congress Avenue, Austin, TX 78701.

6 CONTRACT TERM

6.1 INITIAL CONTRACT TERM:

The Contract shall commence on the Effective Date and continue through August 31, 2026, unless sooner terminated under the terms of the contract. Any work done outside of the period of performance shall be provided at no cost to TDA.

6.2 RENEWAL OPTION:

The Contract may be renewed for up to three (3) additional one (1) year periods. TDA will notify Contractor of its intent to renew and will send a contract amendment to Contractor. If renewal options are exercised, TDA will provide a new timeline and delivery schedule to Contractor. The total duration of performance under an

PCO 807 Formal IFB Template Page 11 of 29 optional renewal term shall not exceed the three (3) one-year renewals to be exercised by TDA at its sole discretion. Each option to renew term shall run concurrently with the state fiscal year as follows:

Option Year 1: July 01, 2026, through June 30, 2027

Option Year 2: July 01, 2027, through June 30, 2028

Option Year 3: July 01, 2028, through June 30, 2029

TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

6.3 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.

7 INVOICING

Contractors 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.

7.1 INVOICE SUBMISSION

The 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.

7.2 INVOICES MUST INCLUDE:

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

2. Receiving entity name.

3. Contract/Purchase Order number.

4. Description, quantity, unit of measure, unit price, extended price of each item, total price.

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

mailto:invoices@texasagriculture.gov

PCO 807 Formal IFB Template Page 12 of 29

6. Attach supporting documentation, if required.

7.3 PAYMENT:

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

Any contract resulting from this solicitation is contingent upon the continued availability of lawful appropriations by the Texas Legislature.

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

a. Contractor is in breach of the Contract;

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

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

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

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

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

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

PCO 807 Formal IFB Template Page 13 of 29

7.4 NO EXCLUSIVITY IN AWARD

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

SECTION II – ADMINISTRATIVE INFORMATION

1 SCHEDULE OF EVENTS

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

Events Dates/Times Solicitation Published on the Electronic State Business Daily

(ESBD) at: https://www.txsmartbuy.com/esbd Thursday, July 10, 2025

Deadline for Questions Monday, July 28, 2025

5:00 PM CT

Addendum Posted on the Electronic State Business Daily (ESBD) Wednesday, July 30, 2025 (estimated)

Response Due Date: Friday, August 8, 2025

5:00 PM CST

2 INQUIRIES

2.1 SOLE POINT OF CONTACT

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

Elizabeth Shane

1700 N. Congress, 11th Floor

Austin, TX 78701 elizabeth.shane@texasagriculture.gov

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

2.2 QUESTIONS AND CLARIFICATIONS:

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

PCO 807 Formal IFB Template Page 14 of 29

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, Bidder 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.

2.3 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 IFB 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 http://www.txsmartbuy.com/esbd. Names of prospective Bidders will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If prospective Bidders 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 ESBD for updates to the procurement prior to submitting a response. Bidder’s failure to periodically check the ESBD will in no way release the selected Bidder from “Addenda or additional information” resulting in additional costs to meet the solicitation requirements.

2.4 INFORMALITIES

TDA reserves the right to waive minor informalities in a solicitation response if it is in the best interest of 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.

2.5 PROHIBITED COMMUNICATIONS

Upon issuance of this solicitation, TDA, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential 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.

3 SUBCONTRACTING AND HUB SUBCONTRACTING PLAN

http://www.txsmartbuy.com/sp

PCO 807 Formal IFB Template Page 15 of 29

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.

# Class Item Description

1 915 44 Fulfillment, Including Data Processing, Packaging, Labeling and Mailing of Literature as a Package.

2 915 45 Fulfillment, Inventory and Storage Services.

3. HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Reports (PAR’s). Per 34 TAC §20.285(g), the contractor shall submit a Progress Assessment Report to the state agency with each invoice, in the format required by the

PCO 807 Formal IFB Template Page 16 of 29 comptroller. A state agency may, in 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.

4 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

4.1 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 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 either Adobe® portable document format (pdf) or 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® pdf file, or DocuSign. TDA is not responsible for documents mailto:bidroom@texasagriculture.gov

PCO 807 Formal IFB Template Page 17 of 29 that cannot be read or converted. Unreadable responses may be, in TDA’s sole discretion, rejected as nonresponsive.

4. E-mail Attachment Naming Convention

a. The Bidder must name e-mail attachments in accordance with the Response Submission Checklist, Section VI.

b. Example: Bidder’s 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 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.

4.2 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 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

PCO 807 Formal IFB Template Page 18 of 29 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:

2. 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.

3. 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

PCO 807 Formal IFB Template Page 19 of 29 public information requests. There must be no redactions in the Original Proposal.

2. 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.

3. 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.

4. Solicitation Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its proposal, by submitting a proposal, 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.

4.3 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.

5 EXCEPTIONS

The Texas Department of Agriculture will not consider responses that include 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

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

PCO 807 Formal IFB Template Page 20 of 29

1 EVALUATION CRITERIA

1.1 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 the 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.

1.2 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 the award.

2. Minimum Qualifications and Experience and Past Performance:

Bidders must provide detailed information to substantiate their 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 the Bidder, particularly work in the last three (3) years.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.074 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.074 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.075 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.144 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2156.htm https://statutes.capitol.texas.gov/docs/GV/htm/GV.2157.htm#2157.003

PCO 807 Formal IFB Template Page 21 of 29

1.3 COST PROPOSAL

Bidder must submit a price sheet for the listed in Section I, Subsection 5, Specifications, in the format set forth in Exhibit C - Cost Proposal. Bidders should provide information about their discounts and pricing breakpoints.

1.4 PASS/FAIL CRITERIA

Compliance with applicable provisions of §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Tex. Gov't Code. In addition to the cost criteria listed below, TDA also reviews additional Pass/Fail criteria as follows:

1. Exhibits (see Section VI Exhibit & Submission Checklist if required):

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

b. Exhibit B – HUB Subcontracting Plan (HSP) (if applicable)

c. Exhibit F – Financial and Organizational Capacity

d. Exhibit H – Key Contracting Persons Disclosure Statement

e. Exhibit I - Certification Regarding Lobbying

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

g. Exhibit K - Data Security Requirements

h. Exhibit N – Confidential or Proprietary Information

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

2. Response received by deadline;

3. Execution of Offer signed;

4. Completion and signing of a HUB Subcontracting Plan;

5. Response valid for 90 days;

6. Three references provided;

7. Mandatory price sheet completed;

8. Conflict of Interest noted;

9. Nondisclosure agreement signed;

10. No exceptions;

11. A score of less than “C” in the Comptroller’s VPTS;

12. Currently under a Corrective Action Plan through the CPA, having repeated negative Vendor Performance Reports; and

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

1.5 QUESTIONS OR REQUESTS FOR CLARIFICATION BY TDA

PCO 807 Formal IFB Template Page 22 of 29

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

1.6 OTHER INFORMATION

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

1. Performance History;

2. Bidder cannot have any failing reports in the CPA’s VPTS;

3. None of the staff assigned by the 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;

4. 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 (7) years preceding this Contract and will not for the duration of this Contract;

5. Neither the…