ESBD_443354_1755632698803_696-AG-25-B017.pdf

Texas Department of Criminal Justice Bid Cover Page

This form requests basic information about the bidder and project and must be completed in its entirety, including the signature of the authorized representative.

IFB (Invitation for Bid) SOLICITATION INFORMATION

1) Solicitation Number:

696-AG-25-B017

2) Issue Date: 3) 2025Deadline: Sept ember 18, August 19, 2025 3:00 p.m. CT

4) Points of Contact: Shannon Foster-North (936) 437-3856 shannon.foster-north@tdcj.texas.gov

(reference Section G.2.2) Tracie Harper (936) 437-3884 tracie.harper@tdcj.texas.gov

5) Solicitation Description

The TDCJ is seeking bids to provide agriculture environmental related services to include Nutrient Management Plans (NMPs), Nutrient Utilization Plans (NUPs), submitting Concentrated Animal Feeding Operations (CAFO), Notices of Intent (NOIs) and renewal applications to Texas Commission on Environmental Quality (TCEQ) on TDCJ’s behalf, and providing proper construction certifications for all Retention Control Structures (RCS), commonly referred to as lagoons.

BID SUBMITTAL

6) Receiving

Office:

TDCJ Contracts & Procurement 2 Financial Plaza, Suite 703, Huntsville, TX 77340

*All packages must be labeled with the solicitation number and Contract Specialists’ names. Reference Section L for complete submittal instructions. LATE OR EMAILED BIDS WILL NOT BE ACCEPTED.

BIDDER INFORMATION

7) Legal Business Name:

8) Mailing Address Information (include street, city, county, state and 9-digit zip code):

9) Payee Name and Mailing Address, including 9-digit zip code (if different from above) (remittance address if not electing Direct Deposit):

10) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

11) Type of Entity (check all that apply):

HUB Certified

Corporation (incorporated under the laws of the State of ____________) Type: ______ M/F ___

Partnership Individual Non-Profit Organization* Joint Venture

*If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint venture

Non-Profit Organization Corporation (registered for business in _________________ (country)

12) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

13) Tie Bid Preference:

(Section K.3, list all that apply)

14) Amendments: Signed and submitted by the Bidder with Bid or via email prior to the deadline.

BIDDER AUTHORITY AND SIGNATURE

15) Point of Contact Name: ______________________ Title: _______________________

Email address: ______________________________________________ Telephone#: __________________

16) Authorized Signature: Date:

TABLE OF CONTENTS

PAGE

TABLE OF CONTENTS

SUMMARY OF KEY DATES

SECTION A – DEFINITIONS

A.1 GENERAL DEFINITIONS

A.2 SERVICE SPECIFIC DEFINITIONS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions

B.2 PRICING SCHEDULE

B.3 PRICE INCREASES/DECREASES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

C.3 GENERAL DUTIES AND OBLIGATIONS

C.4 SPECIFIC DUTIES AND OBLIGATIONS

C.4.1 Contractor Duties C.4.2 Concentrated Animal Feeding Operation (CAFO) Renewal Permits, Notice of Intent

(NOI)

C.4.3 Retention Control Structure (RCS) Lining Evaluations

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION BY STATE EMPLOYEES

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE OR ABUSE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THE CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROGRAM ADMINISTRATOR AND PROGRAM DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Administrator G.2.4 Program Director

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Withholding of Payment G.4.4 Right to Offset

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Business

H.3 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.5 BOOKS AND RECORDS

H.6 ORGANIZATIONAL AND NAME CHANGE

H.7 FREE EXERCISE OF RELIGION

H.8 DELAY OF SERVICES

H.9 SECURITY

H.10 UTILIZATION OF SERVICES

SECTION I - CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE –

INCLUDING INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS,

AS REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

SECTION J - LIST OF EXHIBITS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition

K.2 FRANCHISE TAX REPRESENTATION

K.3 PREFRENCE CLAIM

K.3.1 Source and Specification Preferences K.3.2 Tie-Bid Preferences K.3.3 Additional Preferences

K.4 REPRESENTATIONS OF BIDDER

K.4.1 Organization and Qualification K.4.2 Authorization K.4.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.4.4 No Defaults Under Agreements K.4.5 Compliance with Laws K.4.6 No Litigation K.4.7 Taxes K.4.8 Financial Statements K.4.9 No Adverse Change K.4.10 Disclosure K.4.11 No Collusion K.4.12 Deceptive Trade Practices; Unfair Business Practices K.4.13 Disclosure of Interested Parties K.4.14 Felony Criminal Convictions K.4.15 Notification

K.5 REPRESENTATIONS OF THE DEPARTMENT

K.5.1 Authorization K.5.2 No Violation of Agreements K.5.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE

SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF BIDS

L.3 SIGNATURES ON BID SUBMITTED

L.4 BID ACCEPTANCE PERIOD

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 BID PREPARATION INSTRUCTIONS

L.8 BID SUBMISSION CHECKLIST

L.9 PRE-BID CONFERENCE AND FACILITY TOUR

L.10 LEGISLATIVE BUDGET BOARD (LBB) POSTING

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MIMIMUM QUALIFICATIONS

SUMMARY OF KEY DATES

August 15, 2025 Post to the ESBD

August 20, 2025 10:00 a.m. CT Pre-Bid Conference

August 25, 2025 3:00 p.m. CT Last Day to Submit Written Questions for Clarification to the Department

August 29, 2025 5:00 p.m. CT Last Day to Submit Responses to Clarification Questions by the Department

September 15, 2025 3:00 p.m. CT Deadline for the Department Receipt of Bids in Huntsville, Late Offers will not be accepted.

December 1, 2025 Service Commencement Date

696-AG-25-B017 Section A

SECTION A – DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include the singular and plural versions:

A.1 GENERAL DEFINITIONS

Authorized Representative - the person designated in writing to act for and on behalf of a party of this Contract, which designation has been furnished to the other party hereto, as described in Section G.2.1.

Bidder - an individual or entity that submits a bid, including anyone acting on behalf of the individual or entity, such as an agent, employee or representative.

Biennium - any of the two-year periods beginning on September 1 and ending on August 31 of odd numbered years, which periods are used for budgetary purposes by the State of Texas.

Contractor - the individual, partnership or corporation who performs services under this Contract.

Contract Specialist - the Department employee responsible for non-technical administration of this Contract, as described in Section G.2.2.

Contract Term - the duration of this Contract as specified in Section F.1.

Day - calendar Day.

Department - the Texas Department of Criminal Justice (TDCJ).

Department Policy - all written policies, procedures, standards, guidelines, directives and manuals of the Texas Board of Criminal Justice (TBCJ) and the Department applicable to providing Services specified under the Contract.

Fiscal Year - any of the one-year periods beginning September 1 and ending August 31, which are used for annual budgetary purposes by the State of Texas.

Inmate - a person under the supervision or custody of the Department.

Invoice - the Contractor’s statement of charges to the Department for payment purposes.

Material Failure - the failure of a party to fulfill one or more obligations essential to achieving the purpose of this Contract.

Non-Appropriation - the failure by the Legislature of the State, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment - the amount agreed to be paid by the Department to the Contractor for services provided under this Contract.

PD - the TDCJ’s Personnel Directives.

Program Administrator - the Department employee that is responsible for technical administration of this Contract. See Section G.2.3 for full explanation.

696-AG-25-B017 Section A

Program Director - the person designated by the Contractor responsible for delivery of Services under this Contract.

Quarter - the time period that relates to the Department’s Fiscal Year, occurring on September 1, December 1, March 1 and June 1.

Service - delivery by the Contractor of requirements in accordance with the terms and conditions of this Contract.

Service Commencement Date - the date on which the Contractor shall begin providing services.

For the purpose of this Contract, that date is September 1, 2020.

TBCJ - the Texas Board of Criminal Justice.

TDCJ - the Texas Department of Criminal Justice.

TDCJ-MAL - the Texas Department of Criminal Justice-Manufacturing, Agribusiness and Logistics Division.

Working Day - weekdays, unless a nationally recognized holiday or another holiday observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

Animal Feeding Operations (AFO) - agricultural operations where animals are raised in confined situations.

Concentrated Animal Feeding Operations (CAFO) - large-scale industrial facilities where animals are raised in confinement for meat, dairy, or egg production.

Land Management Unit (LMU) - an area of land at an Animal Feeding Operation (AFO) or Concentrated Animal Feed Operation (CAFO) that receives applications of animal waste to soil.

Natural Resources Conservation Service (NRCS) - works with landowners for conservation planning and assistance to foster healthy ecosystems.

Nutrient Management Plan (NMP) - a conservation plan that is unique to animal feeding operations. It is a grouping of conservation practices and management activities which, when implemented as part of a conservation system, will help to ensure that both production and natural resource protection goals are achieved.

Nutrient Utilization Plan (NUP) - a conservation plan that addresses the amount, rate, source, placement, method of application, and timing of plant nutrients and soil amendments applied to agricultural lands.

Retention Control Structure (RCS) - a designed facility or practice aimed at managing water and sediment runoff.

Texas Commission of Environmental Quality (TCEQ) - protection of the environment and human health through the responsible licensing of individuals whose occupations may have an environmental impact.

696-AG-25-B017 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of this Contract, provide all necessary personnel, tools, equipment and certifications required to prepare and finalize a Nutrient Management Plan (NMP) and complete the process of applying for Concentrated Animal Feeding Operation (CAFO) renewal permits, Notice of Intent (NOI) with the Texas Commission on Environmental Quality (TCEQ) as needed. There are 12 livestock facilities with approximately 145 fields will require a NMP on an annual basis.

B.1.2 Pricing Instructions

Bidders shall complete the pricing schedule in Section B.2. The Bidder shall submit pricing for each Contract Line Item Number (CLIN).

B.2 PRICING SCHEDULE

The Department requires one NMP for each of the locations.

The Contractor shall provide:

a. the initial cost of the NMP per field, per year, along with the cost of the renewal NMP for subsequent years;

b. the price of an associated Nutrient Utilization Plan (NUP) per field, per year for each location; and

c. for the period of September 1, 2025 through August 31, 2026 the price for CAFO renewals for each location.

The Department reserves the right to determine if a NUP or CAFO renewal will be utilized and for what facilities it will be needed as outlined in Section C.4.1.B

Contract Line Item Numbers (CLIN) 001 - 012

Base Period (09/01/25 - 08/31/26)

NMP Rate NUP Rate Per Field Per Field

001 Beto Unit $______ $______

002 Clemens Unit $______ $______

003 Clemens Trusty Camp II $______ $______

004 Coffield Unit $______ $______

005 Ellis Unit $______ $______

006 Ferguson Unit $______ $______

007 Hilltop Unit $______ $______

008 Memorial Unit $______ $______

009 Pack Unit $______ $______

010 Ramsey Unit $______ $______

011 Wainwright Unit $______ $______

012 Wynne Unit $______ $______

Contract Line Item Numbers (CLIN) 013 - 024

Option Period One (09/01/26 - 08/31/27)

013 Beto Unit $______ $______

014 Clemens Unit $______ $______

015 Clemens Trusty Camp II $______ $______

016 Coffield Unit $______ $______

017 Ellis Unit $______ $______

018 Ferguson Unit $______ $______

019 Hilltop Unit $______ $______

020 Memorial Unit $______ $______

021 Pack Unit $______ $______

022 Ramsey Unit $______ $______

023 Wainwright Unit $______ $______

024 Wynne Unit $______ $______

Contract Line Item Numbers (CLIN) 025 - 036

Option Period Two (09/01/27 - 08/31/28)

025 Beto Unit $______ $______

026 Clemens Unit $______ $______

027 Clemens Trusty Camp II $______ $______

028 Coffield Unit $______ $______

029 Ellis Unit $______ $______

030 Ferguson Unit $______ $______

031 Hilltop Unit $______ $______

032 Memorial Unit $______ $______

033 Pack Unit $______ $______

034 Ramsey Unit $______ $______

035 Wainwright Unit $______ $______

036 Wynne Unit $______ $______

Contract Line Item Numbers (CLIN) 037 - 048

Option Period Three (09/01/28 - 08/31/29)

NMP Rate NUP Rate CAFO Rate Per Field Per Field Per Location

037 Beto Unit $______ $______ $_______

038 Clemens Unit $______ $______ $_______

039 Clemens Trusty Camp II $______ $______ $_______

040 Coffield Unit $______ $______ $_______

041 Ellis Unit $______ $______ $_______

042 Ferguson Unit $______ $______ $_______

043 Hilltop Unit $______ $______ $_______

044 Memorial Unit $______ $______ $_______

045 Pack Unit $______ $______ $_______

046 Ramsey Unit $______ $______ $_______

047 Wainwright Unit $______ $______ $_______

048 Wynne Unit $______ $______ $_______

Contract Line Item Numbers (CLIN) 049 - 060

Option Period Four (09/01/29 - 08/31/30)

NMP Rate NUP Rate RCS Lining Evaluation Per Field Per Field Per Location

049 Beto Unit $______ $______ $_______

050 Clemens Unit $______ $______ $_______

051 Clemens Trusty Camp II $______ $______ $_______

052 Coffield Unit $______ $______ $_______

053 Ellis Unit $______ $______ $_______

054 Ferguson Unit $______ $______ $_______

055 Hilltop Unit $______ $______ $_______

056 Memorial Unit $______ $______ $_______

057 Pack Unit $______ $______ $_______

058 Ramsey Unit $______ $______ $_______

059 Wainwright Unit $______ $______ $_______

060 Wynne Unit $______ $______ $_______

B.3 PRICE INCREASES/DECREASES

The Contractor may submit a written request for a price increase to the Department no later than June 1 of each year. The Department will review the request and any change, either an increase or decrease, will be based on the specified index as published by the Bureau of Labor Statistics, Index Number WPU0571, Producer Prices Index (PPI) for Gasoline. The baseline index shall be the month and year of the bid due date. The Department will permit unit price adjustments upward or downward when correlated with the price index specified herein, unless otherwise indicated.

Upon review of the Department, if the index has decreased, the Department may adjust unit price downward. Any price change shall be made via unilateral modification signed by the Department’s Authorized Representative.

The formula to calculate price increases is as follows:

(B - A) ÷ A x 100 = Percent of allowable price increase*

A = June Index B = Current/Latest Index

*The resulting percent shall be rounded to the nearest one hundredth of one percent (0.0X).

696-AG-25-B017 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The Department requires a Contractor to utilize various data reports, provided by the Department, to develop a NMP that meets all requirements set forth in and in accordance with the United States Department of Agriculture (USDA), National Resources Construction Services (NRCS) Code 590, Conservation Practice Standard (as required by Texas Administrative Code Title 30, Part 1, Chapter 321, Subchapter B, Rule 321.36 (b) for Large CAFOs and 321.47(f) for Animal Feeding Operations (AFO) to include a USDA-NRCS Texas Waste Utilization and NMP, Code 590-633 which may result in, when designated by the Department, NUP. Alternate plans will be considered; however, all plans submitted must be acceptable by the TCEQ.

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES, PROCEDURES,

AND LAWS

A. The Contractor shall provide the Services at the Facility in compliance with applicable federal and state laws and Court Ordered requirements, whether now in effect or hereafter effected or implemented, and in accordance with Department Policy, and unless otherwise required by this Contract, shall be free to establish procedures such that the Services attain the goals established by Department Policy.

B. The Contractor shall not deviate from applicable Department Policies and procedures in the provision of operation and management Services without the prior written approval of the Texas Department of Criminal Justice-Manufacturing, Agribusiness, and Logistics (TDCJ-

MAL).

C. The Department shall notify the Contractor of all changes in, or additions to, such policies and procedures, after which time the Contractor shall comply with the policies and procedures contained therein, unless the TDCJ-MAL approves in writing a deviation from such policies and procedures.

D. The Contractor’s written requests for deviations from said policy statements shall originate from the Authorized Representative of the Contractor and shall be forwarded to the TDCJ- MAL Director. The Contractor’s written requests for deviations shall specify the deviation, with justification, and reference the policy number/procedure, section, paragraph, etc.

E. When differences between applicable standards exist, the higher standard, as defined by the

Department, will prevail. The specified requirements and standards will serve as the benchmark for monitoring the Contractor’s performance under this Contract.

C.3 GENERAL DUTIES AND OBLIGATIONS

The Contractor shall provide the services in accordance with applicable federal and state laws, including all constitutional, legal and court ordered requirements, whether now in effect or hereafter affected or implemented. The Contractor shall comply with Department Policies and regulations during the Contract Term. The Contractor shall comply with Department safety requirements and reporting procedures.

C.4 SPECIFIC DUTIES AND OBLIGATIONS

C.4.1 Contractor Duties

A. The Contractor will use soil testing data, effluent, manure/slurry application data and crop rotation and yield data provided by the Department to provide a NMP for each field designated by the Department. The Contractor shall provide an annual NMP meeting all requirements set forth in and in accordance with USDA-NRCS Code 590, Conservation Practice Standard, to include:

Introduction

- Facility Summary

- Executive Summary

- Signature Page

Nutrient Management Plan

- Current and/or Planned Plant Production Sequence or Crop Rotation

- Soil Test Results and Recommended Nutrient Application Rates

- Plant Tissue Test Results when used for Nutrient Management

- A Complete Nutrient Budget for Nitrogen, Phosphorus and Potassium

- Realistic Yield Goals and a Description of Determination

- Quantification of Nutrient Sources

- Planned Rates, Methods and Timing (Month & Year) of Nutrient Application

- Location of Designated Sensitive Areas or Resources

- Guidance for Implementation, Operation, Maintenance and Record keeping

Nutrient Management Practices Analysis

- Facility Description

- Waste Storage and Handling

- Land Application and Soils Map

- Crop Summary

- Nutrient Budget

- Land Application System

B. The Department may request that the Contractor provide an annual NUP. The Contractor will use soil testing data, effluent, manure/slurry application data and crop rotation and yield data provided by the Department to provide a NUP for each field designated by the Department.

The NUP shall meet all requirements set forth in and in accordance with USDA-–NRCS Code 590, Conservation Practice Standard, to include:

Nutrient Utilization Plan

- Land Management Unit Description

- Soil Sample and Crop Information

- Waste Chemical Characteristics, Application Recommendations, Methods, and

Schedules

C. For any Services performed under this Contract, the Contractor shall not employ any persons with a felony or misdemeanor (A, B or C) conviction without prior written approval of the Department. This includes any employee with a criminal history who is employed by the Contractor at the time of award. The Contractor shall comply with the Texas Department of Criminal Justice PD-75, Applicants with Pending Criminal Charges or Prior Criminal Convictions, which can be found on the TDCJ website at https://www.tdcj.texas.gov, in determining eligibility for employment.

D. Prior to award, a criminal background check shall be completed by the Department for each employee performing Services under this Contract. The results of the criminal background checks must be acceptable to the Department. Applicants with criminal convictions and or pending charges must meet PD-75, requirements. A nominal fee will be charged to the Contractor for these criminal background checks. An additional fee will be charged for any resubmission requests. The Contractor is responsible for conduct and behavior of all persons working on the Department’s property and will ensure the Department’s Policies are followed;

should a violation occur; the Contractor shall take corrective action acceptable to the Department. The Contractor shall notify the Department of employees who resign while under investigation for inappropriate conduct and/or for violations of policies related to the Department security. The Contractor shall immediately notify the Department of any employee who has been arrested, indicted or charged with a criminal offense. Such employee shall not be permitted to return to duty until authorized to do so by the Department.

E. The Contractor shall submit an annual criminal background check request to the Department for each employee performing Services under the terms of this Contract no later than August 1 of each year. A nominal fee will be charged to the Contractor for the annual criminal background checks. A copy of the annual background check shall be maintained in the employee’s personnel file.

C.4.2 Concentrated Animal Feeding Operation (CAFO) Renewal Permits, Notice of Intent (NOI)

A. The Department’s TCEQ general permit renews on July 20, 2029 and all NOI’s must be submitted within 180 days prior to expiration to the TCEQ.

B. The Department shall provide the Contractor with a copy of the current NMP, Pollution Prevention Plans and Lagoon Certifications in order to complete the CAFO renewal permit, NOI forms for each location.

C. The Contractor shall provide all the information and documents necessary; submit NOI and required attachments; and pay required submission fees to the TCEQ for each location. This may include:

1. A comprehensive site and records audit at each location to assess compliance with

TCEQ/Environmental Protection Agency (EPA) CAFO rules;

2. Review and collect the documents necessary to submit the renewal application for each CAFO permit;

3. Review and evaluate the current site specific information contained within each Pollution

Prevention Plan; and

4. Develop new site maps, which accurately reflect the current conditions of each location.

Current maps are in PDF format.

D. The Contractor shall provide a Nutrient Management Specialist to complete the forms. Proof (in the form of a license or certification) of the Contractor’s ability to provide a Nutrient Management Specialist shall be submitted with bid.

C.4.3 Retention Control Structure (RCS) Lining Evaluations

The Contractor shall provide a comprehensive RCS Lining Evaluation, at each location, in Option Period Four (September 1, 2029 – August 31, 2030). This must be completed by a licensed Texas Professional Engineer, in accordance with TCEQ CAFO General Permit TXG920000 Part IIII.A.8(a).

696-AG-25-B017 Section D

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

The Contractor shall submit the listed documents during the Contract term. These documents may be revised, or additional documents may be required, at the Department’s discretion

DOCUMENTS AND DATA

SEND TO DUE DATE DOCUMENT ITEM AUTHORITY

MONTHLY

Contract Specialist

By the 5th of the following month

HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment

Report, Exhibit J.2

Contract, Section H.2.2.C

QUARTERLY

By December 1, March 1, June 1, September 1

Litigation Contract, Section K.4.6.E

ANNUALLY

TDCJ-MAL By August 1 of every year Non-Employee

Background Questionnaire

Contract, Section C.4.C.E

TDCJ-MAL As specified by the Department

NMP Contract, Section C.4.1.A

TDCJ-MAL If requested by the Department

NUP Contract, Section C.4.1.B

OTHER

Prior to the Service Commencement Date, and within 30 Days of the effective date of renewal or replacement

Insurance Certificates and Policies

Contract, Section H.1.C

Contract Specialist

Each instance Copy of each subcontract Contract, Section H.2.D

TDCJ-MAL Prior to 180 days of TCEQ general permit renewal

NOI Contract, Section C.4.2.A

TDCJ-MAL Within 30 days Audits by other Agencies Contract, Section E.4 TDCJ-MAL Within seven days Audit or Monitoring

Document Response(s) Contract, Section E.4

696-AG-25-B017 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

A. The Department and other Government regulatory agencies have the right to inspect and test all Services called for by this Contract, to the extent practicable at all times and places during the Contract Term. The Department shall perform inspections in a manner that will not unduly interfere with the Contractor’s performance of Services. The Contractor shall furnish, and shall require subcontractors to furnish, at no increase in Contract price, all reasonable assistance for the safe and convenient performance of these duties.

B. From time to time the Department shall, subject to limitations provided by law with respect to rights of privacy, have the right to reasonably prompt access and to examine all records of the Contractor related specifically to this program, including financial records, maintenance records, employee records (including time and attendance records), of the Contractor and its subcontractors in connection with performance of this Contract.

C. If subject to the outcome of an audit or inspection, it is determined that the Contractor is in non-compliance with any provisions of this Contract and/or that money is owed to the Department by the Contractor, then the Department may exercise its rights of recovery of money owed as authorized in Section G.4.3 of this Contract.

1. If any of the Services are non-compliant with the Contract requirements, as identified by the Department, the Contractor shall be notified with the notice describing the specific areas of non-compliance. The Contractor shall have a 20 Day period to file a written response detailing corrective action(s) taken to address all items of non-compliance. The response must include supporting documentation which verifies execution of corrective action(s) taken. Unless otherwise specified, or previously agreed to by the Department, the submission of a corrective action plan shall not be accepted as corrective action.

2. For all items of non-compliance satisfactorily resolved by agreement between the Contractor and the Department, no further action regarding such items shall be taken.

Any areas of non-compliance shall be corrected within 20 Days or by the date of the Department approved extension.

3. If any of the Services are non-compliant with the Contract requirements, as identified by a government regulatory agency, the Contractor must resolve all items identified as non-compliant by the deadline established by the agency.

E.2 INSPECTION BY STATE EMPLOYEES

A. The Contractor shall provide and maintain an inspection system, acceptable to the Department, Covering the Facility(ies) and work called for by this Contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Department during Contract performance, and for as long afterwards as the Contract requires (Section H.8).

B. The Contractor shall allow at all times employees/agents of the Texas Board of Criminal Justice (TBCJ), the Department, the Governor, members of the Legislature, and all other members of the Executive and Judicial Departments of the State, as well as any other persons designated by the Department, to monitor the delivery of Services.

696-AG-25-B017 Section E

E.3 MONITORING CRITERIA

A. The Department shall devise its own procedures for monitoring the quality of the Contractor’s performance under this Contract and Department Policies.

B. The Contractor shall cooperate fully with the Department in obtaining the requisite information needed to complete such audits and to assess the quality of the Contractor’s performance.

C. Monitoring may include, but is not limited to, document reviews and on-site audits conducted by the Department’s Authorized Representative. Such monitoring by the Department shall not relieve the Contractor of any of its obligations under this Contract.

D. The Program Administrator and other Department staff shall provide written findings regarding non-compliant conditions, processes, procedures or operations implemented at the Facility, and observations that could, if not addressed by the Contractor, become an item of non-compliance as described in Section E.1.

E.4 AUDITS BY OTHER AGENCIES

A. Upon receipt of audits and/or monitoring documents pertaining to the Services under this Contract that are conducted by agencies or entities other than the Department, the Contractor shall provide copies thereof to the Department within 30 Days.

B. The Contractor shall provide to the Department copies of responses to audits and/or monitoring documents within seven Days of issuance. Audits or monitoring documents may include allegations or complaints involving Services, or the Contractor and its employees (including consultants, independent contractors and their employees, agents, and volunteer workers).

C. The Contractor shall retain all original audits and/or monitoring documents that are conducted by other agencies. These records shall be maintained in accordance with the Department’s Records Retention Schedule. If those records are still in their retention period at the termination of the Contract, all originals shall be physically transferred to the Department.

E.5 FRAUD, WASTE OR ABUSE

A. In accordance with Texas Government Code, Chapter 321, the State Auditor’s Office (SAO) is authorized to investigate specific acts or allegations of impropriety, malfeasance, or nonfeasance in the obligation, expenditure, receipt or use of State funds.

B. If there is a reasonable cause to believe that fraud, waste or abuse has occurred at this agency, it can be reported to the SAO by calling 1-800-892-8348 or at the SAO’s website at https://sao.texas.gov. It can also be reported to the TDCJ Office of the Inspector General at 1-866-372-8329, the TDCJ Internal Audit Division at 936-437-7100, or Crime Stoppers at 1-800-832-8477.

696-AG-25-B017 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

The Contract Term will consist of a one-year Base Period. The Contract may be renewed per Section F.2, Option to Renew the Contract, for four one-year Option Periods:

Base Period September 1, 2025 through August 31, 2026 Option Period One September 1, 2026 through August 31, 2027 Option Period Two September 1, 2027 through August 31, 2028 Option Period Three September 1, 2028 through August 31, 2029 Option Period Four September 1, 2029 through August 31, 2030

F.2 OPTION TO RENEW THE CONTRACT

A. The Department may, at its sole discretion, issue a unilateral modification to renew the Contract for the Option Period, provided that the Department gives the Contractor a preliminary written notice of its intent to extend at least 60 Days before the Contract expires.

B. If a preliminary written notice has not been provided to the Contractor at least 60 Days before the Contract expires, a modification to renew the Contract for the Option Period shall be mutually agreed to by both parties and executed in writing with the authorized signatures.

C. The preliminary notice does not commit the Department to the renewal period.

D. If the Department exercises this option, the renewal shall include this option provision.

E. The Department may exercise its option to renew Services for four one-year Option Periods, for a projected Contract duration of five years.

F.3 OPTION TO EXTEND SERVICES

A. The Department may require continued performance of any Services within the limits and at the rates specified in this Contract for the purpose of re-advertising the Services, awarding a new contract, or transitioning to a new contract.

B. The Department reserves the right to extend this Contract for a 90 Day period at the end of each Contract and/or extension period, for a maximum of six months.

C. Any extension made pursuant to this Section shall comply with the General Appropriations

Act applicable to the Base Period of this Contract.

696-AG-25-B017 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

This Contract incorporates one or more clauses, by reference, with the same force and effect as if they were given in full text. Upon request, the Contract Specialist will make their full text available.

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST, PROGRAM

ADMINISTRATOR AND PROGRAM DIRECTOR

G.2.1 Authorized Representative

A. In the case of the Contractor, its President, Vice President, or designated senior management personnel, shall designate an Authorized Representative. The Contractor’s Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract. Such designation must be in writing to the Department.

B. In the case of the Department, the Executive Director is hereby designated as its Authorized

Representative and has authorized the Chief Financial Officer or the Business and Finance Division Director to act on his/her behalf on matters requiring signature approval based on the Contract value, of the Authorized Representative. The TDCJ-MAL Director has been authorized to act on behalf of the Executive Director on all matters pertaining to the management Services in compliance with this Contract. The Department’s Authorized Representatives may designate other persons to assist such Authorized Representatives in the performance of certain obligations of this Contract.

C. At any time, any party may designate any person as its Authorized Representative by delivering to the other party a written designation signed, if on behalf of the Contractor by its President or any Vice President, designated senior management personnel, or if on behalf of the Department by the Executive Director. Such designations shall remain effective until new written instruments are filed with, or such notice is given to the other party that such designations have been revoked.

D. The Department’s Authorized Representative (the Executive Director), or his/her designated representative, is the only person authorized to make or approve changes in any of the requirements of this Contract, and notwithstanding any clauses contained elsewhere in this Contract, the said authority remains solely with the Executive Director or his/her designated representative. In the event the Contractor makes any change at the direction of any person other than the Executive Director or his/her designated representative, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase in cost incurred as a result thereof.

G.2.2 Contract Specialist

A. The Contract Specialist for administration of this Contract is Shannon Foster-North.

B. The telephone number for the Contract Specialist is (936) 437-3856.

C. The e-mail address is shannon.foster-north@tdcj.texas.gov.

D. The Contract Specialist is responsible for general administration of this Contract, negotiation of any changes and final issuance of written changes/modifications to this Contract. All requests by the Contractor to modify the Contract shall be made in writing to the TDCJ-MAL Program Administrator and a copy submitted to the Contract Specialist.

G.2.3 Program Administrator

A. The Department’s Program Administrator for this Contract is Laney Miller.

B. The telephone numbers for the Department’s Program Administrator is (936) 437-8769.

C. The fax number for the Department’s Program Administrator is (936) 437-6648.

D. The email address for the Department’s Program Administrator is

Ag_Business_Office@tdcj.texas.gov.

E. The Department’s Program Administrator is not authorized to make any representations or commitments of any kind on behalf of the Department’s Authorized Representative, as described in Section G.2.1.

F. The Department’s Program Administrator does not have the authority to alter the Contractor’s obligations or to change the Contract specifications, price, terms or conditions.

G. The Department’s Program Administrator assignment for this Contract may be changed at any time by the Department without prior notice to the Contractor. The Contractor will be notified of the change.

G.2.4 Program Director

The Contractor shall provide a Program Director for this Contract who shall be responsible for the overall management and coordination of this Contract and act as the central point of contact with the Department. The Program Director shall have full authority to act for the Contractor in the performance of the required Services. The Program Director, or a designated representative, shall meet with the Program Administrator to discuss problems as they occur.

G.3 INVOICE REQUIREMENTS

A. Original invoices for all charges incurred by the Department shall be submitted to the office designated below no later than the 10th Day after the end of the preceding month:

Agribusiness, Land and Minerals Division Attention: Ag Business Office, Room 116 PO Box 4013, MAL Room 116 Huntsville, Texas 77342-4013

B. The Contractor’s invoice shall include the following information.

1. Name of business, remittance address, email address, telephone number, point of contact, and invoice date;

2. Departments name, agency number (696), and location;

3. Contract number;

4. Valid Texas identification number;

5. Descriptions, price, and quantity of Services rendered; and

6. Prompt Payment discount.

C. The Department shall pay an invoice within 30 days of receipt of an accurate Contractor’s invoice and supporting documents. The Contractor may offer a prompt payment discount, for example, 1%, 15 Days (refer to Page 1, Block 12 Bid Cover Page) if the Contractor desires expedited Payment. Prompt payment discounts and payment terms must be stated on each Invoice.

D. Services or expenditures submitted by the Contractor that cannot be verified may be disallowed for reimbursement. Illegible or incomplete documentation, which cannot be verified, may be disallowed for reimbursement.

G.4 PAYMENTS

A. It is recommended that the Contractor receive Payments via Electronic Funds Transfer (EFT), also known as Direct Deposit.

B. Regardless as to whether direct deposit is chosen, upon Contract award the Contractor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the following address:

Attention: Accounts Payable P.O. Box 4018 Huntsville, Texas 77342-4018

C. If the Contractor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the Department for another separate contract, another form is not required to be submitted.

D. The form and instructions can be found at the following link on the TDCJ website:

https://www.tdcj.texas.gov/divisions/bfd/acct_accts_pay.html.

E. Payment is to be made monthly by the Department to the Contractor after all Services are rendered and invoices with required documents have been submitted accurately and completely.

F. Partial Payments may be made when the amount of the invoice is sufficient, in the opinion of the Department, to justify processing the Payment.

G. The Contractor shall have 30 Days from receipt of Payment to submit a request for consideration to review any discrepancies or inaccuracies.

G.4.1 Payment Adjustment

A. The Department may elect to deduct from its Contractor Payment as specified in Section G.4.4, any amount specified in Section C, or any money determined to be due as specified under Section E.1.C.

B. If it is determined the amount of Contractor Payment is not adequate to cover the money due to the Department, then all of the Contractor Payments shall be withheld and an invoice issued to the Contractor for the amount due.

C. The Contractor shall be responsible to pay the invoiced amount within 30 Days of receipt unless the Contractor and the Department mutually agree on an alternative Payment method.

G.4.2 Late Payment

Any amount owed to the Contractor more than one day beyond the date such amount is due as described in Section G.4 hereof shall accrue interest each day that such amount is not paid at the rate specified by Texas Government Code, Section 2251.025, provided; however, this provision shall not excuse failure by the Department to make Payment in strict accordance with this Contract.

G.4.3 Withholding of Payment

A. The Department shall have the right to withhold the Monthly Contractor Payment until the failures described below have been corrected:

1. Failure to submit documents as required in Section D.

2. Failure to respond to audit documents as required in Section E.1.C; and

3. Failure to correct identified areas of non-compliance to the satisfaction of the Department within 20 Days upon receipt of written notification.

B. The Contractor agrees that the Department shall not pay interest to the Contractor for monies so withheld.

C. The Contractor Payment withheld shall be released upon the Department’s satisfaction that compliance has been achieved for 30 consecutive days.

D. With the exception of disputed issues, such withholding of final Payment by the Department shall not exceed 120 Days from the date of Contract termination.

G.4.4 Right to Offset

In the event the Department determines that the Contractor owes money to the Department under any contract or purchase order, the Department, upon providing the Contractor with written notice of its intent to offset, shall have the right to withhold monies due to the Contractor with respect to this Contract or purchase order or with respect to any contract or purchase order with the Department and apply such monies to the money due to the Department.

696-AG-25-B017 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

A. Prior to the approval of this Contract by the Department, the Contractor shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to the Department. It is recommended that coverage be with a company or companies having both a Financial Strength Rating of “A” or better and Financial Size Category Class of “VII” or better from A.M. Best Company, Inc.

B. The insurance shall be evidenced by delivery to the Department of certificates of insurance executed by the insurer or its authorized agent stating coverage, limits, expiration dates and compliance with all applicable required provisions.

C. Upon request, the Department shall be entitled to receive without expense, copies of the policies and all endorsements. Copies and changes to the initial insurance policies, including extensions, renewals, cancellations and revisions shall be submitted to the Contract Specialist within 30 days of the effective date.

D. Subject to the Contractor’s right to maintain reasonable deductibles, the Contractor shall obtain and maintain in full force and effect for the duration of this Contract and any extension hereof, at the Contractor’s sole expense, insurance coverage in the following type(s) and amounts:

1. Workers' Compensation with statutory limits; Employers Liability with minimum limits for bodily injury:

a. By accident, $500,000 per each accident; and

b. By disease, $500,000 per employee with a per policy aggregate of $1,000,000.

2. Commercial Automobile Liability Insurance covering owned, hired, and non-owned vehicles, with a minimum combined bodily injury (including death) and property damage limit of $1,000,000 per occurrence.

3. Commercial General Liability Insurance including, but not limited to, Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000 per occurrence, $2,000,000 products/completed operations aggregate and $2,000,000 general aggregate.

a. Civil Rights Liability must be provided with the same liability limits. It may be included with the General Liability policy or written on a separate policy.

b. The Department shall be named as an additional insured by using endorsement

CG2026 or broader.

4. Commercial Crime Insurance to cover losses from Employee Dishonesty with a minimum limit of $1,000,000 each occurrence endorsed to cover third party property. The Department must be a joint loss payee.

NOTE: If the insurance is written on a claims-made form, coverage shall be continuous (by renewal or extended reporting period) for not less than 60 months following completion of the Contract and acceptance by the Department. Coverage, including any renewals, shall have the same retroactive date as the original policy applicable to this Contract.

H.1.1 Required Provisions

The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, the following required provisions:

A. Name the Department and its officers, employees and elected representatives as additional insured to all applicable coverages except Workers’ Compensation and General Liability.

B. Waive subrogation against the Department, its officers, employees and elected representatives, for bodily injury (including death), property damage or any other loss, to all applicable coverages.

C. Provide that the Contractor’s insurance is the primary insurance in regards to the Department, its officers, employees and elected representatives.

D. Provide that all provisions of this Contract concerning liability, duty and standard of care, together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

E. Ensure that all certificates of insurance identify the service or product being provided and the name of responsible party.

F. The Contractor, through an insurance agent licensed by the State of Texas, shall obtain all insurance coverage and an insurance company license to issue such coverage in this State shall provide such coverage. No “self-insurance” coverage shall be acceptable.

G. All insurance coverage obtained by the Contractor shall continue in full force and effect during the Contract Term. No Contract shall be entered into between the Contractor and the Department unless insurance coverage binders are received by the date scheduled for the execution of the Contract. Proof of insurance policies must be delivered prior to the Service Commencement Date.

H. The Contractor may choose the amount of deductible for any other insurance coverage required (above) to be obtained by the Contractor, but in no event shall such deductible for each occurrence exceed 5% of the required yearly aggregate limit of coverage.

I. The Contractor is responsible for the first dollar defense coverage. The general liability policy shall provide defense in addition to the policy limits.

J. The limits required herein are minimum acceptable. However, these limits are not to be construed as being the maximum any prospective contractor may wish to purchase…