ESBD_449767_1756304039886_Solicitation Packet.pdf

Texas Department of Criminal Justice Response Cover Page

This form requests basic information about the respondent 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-B019

2) Issue Date: 3) Deadline: September 26, 2025 3:00 p.m. CT August 27, 2025

3) Contract Specialists: 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

4) Solicitation Description

The TDCJ is seeking bids to provide all necessary personnel and Services and otherwise do all things necessary for, or incidental to, providing the aerial spraying Service(s) listed hereunder.

BID SUBMITTAL

5) 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.7 for complete submittal instructions. Late or emailed bids will not be accepted.

BIDDER INFORMATION

6) Legal Business Name:

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

8) Payee Name and Mailing Address, including 9-digit zip code (if different from above)

(remittance address if not electing Direct Deposit):

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

10) 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:

Individual Partnership Joint venture Non-Profit Organization Corporation (registered for business in _________________ (country)

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

12) Tie Bid Preference:

(Section K.3, list all that apply)) ______________________________________________________________________

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

BIDDER AUTHORITY AND SIGNATURE

14) Bidder Point of Contact Name: ______________________ Title: ________________________

Email address: ______________________________________________

Telephone #: _________________

15) Respondent Authorized Signature:

Date: _______________________

TABLE OF CONTENTS

PAGE

TABLE OF CONTENTS

SUMMARY OF KEY DATES

SECTION A - DEFINITIONS

A.1 GENERAL DEFINITIONS…………………………………………………………………………….7

A.2 SERVICE SPECIFIC DEFINITIONS….……………………………………………………………..8

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.2.1 Application to Southern Area Farms B.2.2 Application to Central Area Farms B.2.3 Application to Eastern Area Farms B.2.4 Application to Northern Area Farms B.2.5 Application to Northern & Eastern Area Farms B.2.6 Application to All Units B.2.7 Partial Treatment Mileage Reimbursement-Common to All Units

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, OBLIGATIONS, AND EQUIPMENT

C.4.1 Aircraft, Equipment and Pilots C.4.2 Application C.4.3 Employee’s General Rules of Conduct C.4.4 Work Schedule C.4.5 Contractor’s Employment Requirements

SECTION D - REQUIRED REPORTS 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 (HUB)

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 INDEMNIFICATION OF THE DEPARTMENT

I.4.1 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 213

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 ... 46

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition

K.2 FRANCHISE TAX REPRESENTATION

K.3 PREFERENCE 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 BIDDER 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 MINIMUM QUALIFICATIONS

696-AG-25-B019 Section A

SUMMARY OF KEY DATES

August 27, 2025

September 2, 2025

Post to ESBD

Pre-Proposal Conference

September 8, 2025 5:00 p.m.

Last Day to Submit Written Questions for Clarification by the Bidder.

September 15, 2025 Last Day to Submit Responses to Clarification Questions by the Department

September 26, 2025 3:00 p.m. Deadline for Receipt of Bids in Huntsville, Late Offers will not be accepted

November 30, 2025

Service Commencement Date

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, employment, or representative.

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

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.

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

Day - calendar Days, unless otherwise specified.

Department - The Texas Department of Criminal Justice, an agency of the State of Texas.

Department Policy - all written policies, procedures, standards, guidelines, directives and manuals of the Department applicable to providing Services specified under the Contract.

Fiscal Year - any of the one-year periods beginning September 1st and ending August 31st, which periods 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 under the Contract.

PD - The Texas Department of Criminal Justice’s Personnel Directives.

Program Administrator - the Department employee responsible for the technical administration of this Contract, as described in Section G.2.3.

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.

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

Commercial Applicator - a person who is a licensed Commercial Applicator, or employs at least one licensed Commercial Applicator, who applies a state-limited-use or restricted-use pesticide or regulated herbicide to the land of another for compensation.

Defoliant - a chemical spray or dust applied to plants in order to cause the leaves to drop off prematurely.

Fertilizer - a substance, such as manure or a chemical mixture, used to make soil more fertile.

Fungicide - an agent that destroys fungi or inhibits their growth.

Herbicide - an agent used to destroy or inhibit plant growth.

Insecticide - an agent that destroys one or more species of insects.

Picloram - a systemic herbicide that is persistent in the soil.

696-AG-25-B019 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, equipment, materials, supplies, and Services; and otherwise do all things necessary for, or incidental to, providing the aerial spraying Service(s) listed hereunder.

B.1.2 Pricing Instructions

Bids shall be entered in the spaces provided below for each sub-category for price per acre/price per acre application.

B.2 PRICING SCHEDULE

B.2.1 Application to Southern Area Farms

Contract Line Item Number (CLIN) 001, Sub-Categories A-F and CLIN 002, Sub- Categories A-C

The Department intends to use aerial services during the cropping season covered by this Contract for approximately:

• 0 to 2,900 acres of cotton

• 0 to 8,900 acres of corn and grain sorghum

• 0 to 3,700 acres of vegetables

The number of applications will be determined by weed and insect infestation. The Contractor shall be aware that the Department uses State-owned ground rigs to the fullest extent possible.

The Department’s Southern Area Farms are:

• Clemens Farm, Brazoria County, Brazoria, Texas

• Memorial Farm, Brazoria County, Rosharon, Texas

• Ramsey Farm, Brazoria County, Rosharon, Texas

• Clemens Trusty Camp II, Brazoria County, Angleton Texas

CLIN 001 – Liquid Application of Insecticides, Herbicides, Fungicides, Fertilizers, and/or

Defoliants

001A 1 gallon total liquid $ Per Acre Application

001B 2 gallons total liquid $ Per Acre Application

001C 3 gallons total liquid $ Per Acre Application

001D 5 gallons total liquid $ Per Acre Application

001E 10 gallons total liquid $ Per Acre Application

001F Ultra Low Volume (ULV) $ Per Acre Application

696-AG-25-B019 Section B

CLIN 002 – Granular Fertilizer Application

The Department intends to use aerial application of granular fertilizer at various rates per acre to approximately zero to 6,700 acres of various croplands.

002A 100 – 150 pounds per acre $ Per Acre Application

002B 151 – 200 pounds per acre $ Per Acre Application

002C 201 – 250 pounds per acre $ Per Acre Application

B.2.2 Application to Central Area Farms

CLIN 003, Sub-Categories A-F and CLIN 004 A-C

• 0 to 1,700 acres of grain sorghum

• 0 to 4,100 acres of corn

• 0 to 650 acres of vegetables

• 0 to 2,900 acres of cotton

The number of applications will be determined by weed and insect infestation. The Contractor shall be aware that the Department uses State-owned ground rigs to the fullest extent possible.

The Department’s Central Area Farms are:

• Pack/Luther Farms, Grimes County, Navasota, Texas

• Buffalo Ranch, Burleson County, Snook, Texas

CLIN 003 – Liquid Pesticide Application

003A 1 gallon total liquid $ Per Acre Application

003B 2 gallons total liquid $ Per Acre Application

003C 3 gallons total liquid $ Per Acre Application

003D 5 gallons total liquid $ Per Acre Application

003E 10 gallons total liquid $ Per Acre Application

003F Ultra Low Volume (ULV) $ Per Acre Application

696-AG-25-B019 Section B

CLIN 004 – Granular Fertilizer Application approximately zero to 1,800 acres of various croplands.

004A 100 - 150 pounds per acre $ Per Acre Application

004B 151 - 200 pounds per acre $ Per Acre Application

004C 201 - 250 pounds per acre $ Per Acre Application

B.2.3 Application to Eastern Area Farms

CLIN 005, Sub-Categories A-F and CLIN 006 Sub-Categories A-C

Contract for approximately:

• 0 to 1,200 acres of cotton

• 0 to 1,700 acres of corn and grain sorghum

• 0 to 7,500 acres of pastureland

The number of applications will be determined by weed and insect infestation. The Contractor shall be aware that the Department uses State-owned ground rigs to the fullest extent possible.

The Department’s Eastern Area Farms are:

• Wainwright Farm, Houston County, Lovelady, Texas

• Ellis/Estelle Farm, Walker County, Huntsville, Texas

• Ferguson Farm, Madison County, Midway, Texas

CLIN 005 – Liquid Application of Insecticides, Herbicides, Fungicides, Fertilizers, and/or Defoliants

005A 1 gallon total liquid $ Per Acre Application

005B 2 gallons total liquid $ Per Acre Application

005C 3 gallons total liquid $ Per Acre Application

005D 5 gallons total liquid $ Per Acre Application

005E 10 gallons total liquid $ Per Acre Application

005F Ultra Low Volume (ULV) $ Per Acre Application

696-AG-25-B019 Section B

CLIN 006 – Granular Fertilizer Application approximately zero to 6,000 acres of various croplands.

006A 100 - 150 pounds per acre $ Per Acre Application

006B 151 - 200 pounds per acre $ Per Acre Application

006C 201 - 250 pounds per acre $ Per Acre Application

B.2.4 Application to Northern Area Farms

CLIN 007, Sub-Categories A-F; CLIN 008, Sub-Categories A-C; and CLIN 009

• 0 to 1,550 acres of corn and grain sorghum

The Units are adjacent and use a common landing strip located on the Coffield Farm.

The Department’s Northern Area Farms are:

• Beto Farm, Anderson County, Tennessee Colony, Texas

• Coffield Farm, Anderson County, Tennessee Colony, Texas

CLIN 007 – Liquid Applications of Insecticide, Herbicides, Fungicides, and Fertilizers

007A 1 gallon total liquid $ Per Acre Application

007B 2 gallons total liquid $ Per Acre Application

007C 3 gallons total liquid $ Per Acre Application

007D 5 gallons total liquid $ Per Acre Application

007E 10 gallons total liquid $ Per Acre Application

007F Ultra Low Volume (ULV) $ Per Acre Application

CLIN 008 – Granular Fertilizer Application approximately zero to 3,000 acres of various croplands.

008A 100 - 150 pounds per acre $ Per Acre Application

008B 151 - 200 pounds per acre $ Per Acre Application

008C 201 - 250 pounds per acre $ Per Acre Application

696-AG-25-B019 Section B

CLIN 009 – Seeding Forage Sorghum

The Department intends to use aerial services for seeding a sorghum-sudangrass hybrid to approximately zero to 1,400 acres at a seeding rate of 15 pounds per acre. This seeding should take place during mid to late April.

009 Seeding forage sorghum $ Per Acre Application

B.2.5 Application to Northern & Eastern Area Farms

The Department intends to use aerial services for applications of regulated herbicides and picloram to approximately:

• 0 to 8,500 acres on the Coffield and Beto Farm

• 0 to 5,000 acres on the Wainwright Farm

Aerial Applicators bidding on this Contract must be bonded and registered for topical application of hormone type herbicides or plant regulators with the Texas Department of Agriculture (TDA).

The TDA does not deduct acres treated from the Contractor's permits but does require a report of acres flown. Therefore, do not include the cost of the permit acres because State-owned land is being treated.

• Coffield and Beto Farms are located in Anderson County, Tennessee Colony, Texas. This County is non-regulated.

• The Wainwright Unit is in the regulated portion of Houston County. There will be cotton planted on the Department land directly across the river from the Wainwright Unit.

CLIN 010 – Liquid Application of Regulated Herbicides and Picloram to Coffield, Beto, and Wainwright Units (Application is at 5 gallons total liquid per acre)

010A Coffield and Beto $ 5 Gallons per Acre Application

010B Wainwright $ 5 Gallons per Acre Application

Height of application will be below treetop level while spraying forest right-of-way where possible.

All decisions concerning height of flight, rates, and cancellation of spraying due to environmental conditions will be final. All applications will be made under direct supervision of either the Department's Farm Manager or the Manager of Livestock for the specified Unit.

B.2.6 Application to All Units

The following four categories contain application requirements which are common to all Units:

CLIN 011, Sub-Categories A-D, CLIN 012, Sub-Categories A-D, CLIN 013, Sub-Categories A-D and CLIN 014, Sub-Categories A-D

The Department intends to use aerial services for seeding rye grass to approximately:

• 0 to 1,200 acres on Memorial, Ramsey, Clemens Trusty Camp II and Clemens (Southern)

• 0 to 2,000 acres on Pack/Luther and Buffalo Ranch (Central)

• 0 to 3,000 acres on Ellis/Estelle, Ferguson, Wainwright (Eastern)

• 0 to 2,000 acres on Coffield and Beto (Northern)

696-AG-25-B019 Section B

This is a total of 8,200 acres throughout the system. Seeding rate will be 10, 15, 20 or 25 pounds per acre. In most cases the acreage on these farms will not be one large block; there may be several smaller fields. Swath will be a maximum of 45 feet. The Contractor must supply ground-loading equipment.

CLIN 011 – Seeding Rye Grass

011A Southern Area Farms - 10 pounds per acre $ Per Acre

Southern Area Farms - 15 pounds per acre $ Per Acre

Southern Area Farms - 20 pounds per acre $ Per Acre

Southern Area Farms - 25 pounds per acre $ Per Acre

011B Central Area Farms - 10 pounds per acre $ Per Acre

Central Area Farms - 15 pounds per acre $ Per Acre

Central Area Farms - 20 pounds per acre $ Per Acre

Central Area Farms - 25 pounds per acre $ Per Acre

011C Eastern Area Farms - 10 pounds per acre $ Per Acre

Eastern Area Farms - 15 pounds per acre $ Per Acre

Eastern Area Farms - 20 pounds per acre $ Per Acre

Eastern Area Farms - 25 pounds per acre $ Per Acre

011D Northern Area Farms - 10 pounds per acre $ Per Acre

Northern Area Farms - 15 pounds per acre $ Per Acre

Northern Area Farms - 20 pounds per acre $ Per Acre

Northern Area Farms - 25 pounds per acre $ Per Acre

CLIN 012 – Liquid Fertilizer Application

The Department intends to use aerial application of liquid fertilizer, at a rate of 13-1/2 gallons per acre to the following areas:

• 0 to 1,389 acres on Southern Area Farms

• 0 to 811 acres on Central Area Farms

• 0 to 1,000 acres on Eastern Area Farms

• 0 to 100 acres on Northern Area Farms

696-AG-25-B019 Section B

This work will be primarily directed at small grains but could be needed on additional cropland.

012A Southern Area Farms $ Per Acre Application

012B Central Area Farms $ Per Acre Application

012C Eastern Area Farms $ Per Acre Application

012D Northern Area Farms $ Per Acre Application

CLIN 013 – Seeding Clover

The Department intends to use aerial services for seeding clover to approximately:

• 0 to 1,000 acres on Memorial, Ramsey, Clemens Trusty Camp II, and Clemens (Southern)

• 0 to 600 acres on Pack/Luther Units and Buffalo Ranch (Central)

• 0 to 1,000 acres on Ellis/Estelle, Wainwright, and Ferguson (Eastern)

• 0 to 600 acres on Coffield and Beto (Northern)

013A Southern Area Farms $ Per Acre Application

013B Central Area Farms $ Per Acre Application

013C Eastern Area Farms $ Per Acre Application

013D Northern Area Farms $ Per Acre Application

CLIN 014 – Seeding Common Bermuda Grass (seeding rate is seven pounds per acre)

The Department intends to use aerial services for seeding common Bermuda grass to approximately:

• 0 to 600 acres on Memorial, Ramsey, Clemens Trusty Camp II, and Clemens (Southern)

• 0 to 600 acres on Pack/Luther Units and Buffalo Ranch (Central)

• 0 to 600 acres on Ellis/Estelle, Wainwright, Ferguson (Eastern)

• 0 to 600 acres on Coffield and Beto (Northern)

014A Southern Area Farms $ Per Acre Application

014B Central Area Farms $ Per Acre Application

014C Eastern Area Farms $ Per Acre Application

014D Northern Area Farms $ Per Acre Application

696-AG-25-B019 Section B

B.2.7 Partial Treatment Mileage Reimbursement-Common to All Units

The Department intends to use aerial spraying with mileage reimbursement for partial acreage treatments. Reimbursement would be discretionary to the Department and subject to review and approval on a case-by-case basis and reimbursement will be determined by the Texas Comptroller Travel Reimbursement Rates and is subject to change.

Memorial, Ramsey, Clemens Trusty Camp II, Clemens (Southern)

Partial treatment up to _______acres, mileage may be reimbursed at the rate of _______per mile.

Pack/Luther, Buffalo Ranch (Central)

Partial treatment up to _______acres, mileage may be reimbursed at the rate of _______per mile.

Ellis/Estelle, Ferguson, Wainwright (Eastern)

Partial treatment up to _______acres, mileage may be reimbursed at the rate of _______per mile.

Coffield, Beto (Northern)

Partial treatment up to _______acres, mileage may be reimbursed at the rate of _______per mile.

B.3 PRICE INCREASES/DECREASES

The Contractor may submit a written request for a price increase to the Department no later than June 1st 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-B019 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The Department requires a Contractor to perform aerial crop dusting, seeding and fertilizing applications to various Units within the Department, as specified in Section B.2.

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, OBLIGATIONS, AND EQUIPMENT

C.4.1 Aircraft, Equipment and Pilots

A. The Contractor shall use the following aircraft types and minimum horsepower to provide Services under this Contract.

Aircraft Horsepower

Cessna AGwagon 230 Gruman Ag Cat 230 Piper Pawnee 235 Snow 450 Stearman 450 Air Tractor 600

B. The Contractor shall provide a listing of the make, model, and boom length of the aircraft that will be utilized to perform Services under this Contract. The Contractor shall provide the Department a listing of the number of aircraft that will be available during the peak spraying period.

C. The Contractor, if providing Ultra Low Volume (ULV) work, shall have a boom equipped to do such work. Rotary atomizers forced air atomizers and standard boom arrangements, which are capable of being adjusted for ULV work, shall be accepted.

D. The Contractor shall furnish a loader and loading vehicle with equipment capable of mixing chemicals before being loaded in the aircraft, unless otherwise approved from the Program Director. On ULV work, it may be necessary to draw vegetable oil out of the Department’s holding tanks. Inmate labor will not be used to open pesticide containers or load pesticides into mixing equipment or aircraft. The Contractor shall provide loading equipment for the loading of dry fertilizer into the plane.

E. All pesticide containers shall be triple rinsed by the Contractor in order to wash out settled residue.

F. The Department will supply flaggers for seeding and granular fertilizer applications only. All fields shall be hand-flagged, flagged with automatic flagger equipment, or Global Positioning System (GPS). The Contractor shall provide a description of the flagging system that the Contractor will be furnishing for all other applications.

G. Landing strips on each Unit will be designated at locations mutually agreeable between the

Contractor and the Warden of the Unit concerned.

H. Commercial pilots shall have at least two seasons of pest control flying totaling 100 or more hours.

I. The Contractor shall provide the name, number of years of agriculture flying experience, and the Texas Department of Agriculture (TDA) Commercial Applicator License number of each pilot assigned to provide Services under this Contract. The Contractor shall submit in writing to the Program Administrator any additions to the pilots being utilized before the new pilot can provide Services on the Department’s agriculture land. In the event of an emergency situation, the Contractor may contact the Program Administrator in person or by telephone to use a new pilot and submit the written documentation within five business days. The Department reserves the right to refuse the Contractor's use of a pilot who has not passed the required criminal background check and whose work has been documented to be inferior to the Department's requirements.

C.4.2 Application

A. The Department will furnish materials (to include seed, chemicals, fertilizer and water) to be applied.

B. The Department’s Entomologists and Farm Managers reserve the right to stop or delay spraying by the Contractor due to adverse weather conditions or faulty equipment.

C. Conventional and ULV sprays are hereby designated as follows:

1. Conventional - one-gallon total liquid or more per acre.

2. ULV - 1/2 to six pints total liquid per acre.

D. When a product label requires that a closed system be used when mixing and loading that product, the Contractor shall be required to furnish a closed system apparatus. Every effort will be made by the Department to notify the Contractor in advance when this system is required for an application.

E. Swath width may vary with the type of aircraft or boom used; however, swath width shall be sufficiently tight as to give complete coverage of field being treated. The Department’s Entomologists reserve the right to periodically check this coverage.

C.4.3 Employee’s General Rules of Conduct

The Contractor shall comply with the Department's PD-22, General Rules of Conduct and Disciplinary Action Guidelines for Employees and PD-29, Sexual Misconduct with Inmates, which can be found on the TDCJ website at https://www.tdcj.texas.gov.

C.4.4 Work Schedule

The Department’s Entomologists and Farm Managers will coordinate the date and time of Services.

C.4.5 Contractor’s Employment Requirements

A. 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.

https://www.tdcj.texas.gov/

B. 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.

C. 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.

696-AG-25-B019 Section D

SECTION D – REQUIRED REPORTS FROM CONTRACTOR

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

SEND TO DUE DATE REPORT ITEM AUTHORITY

MONTHLY

TDCJ

Manufacturing, Agribusiness and Logistics Division

By the 10th Day after the end of the preceding month

Invoices Contract, Section G.3

Contract Specialist By the 5th of the following month

HUB

Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report Form

Contract, Section H.2.2.D and Exhibit J.2

QUARTERLY

Contract Specialist December 1st, March 1st, June 1st, September 1st

Quarterly Report Listing Litigation

Contract, Section K.4.6.E

OTHER

Contract Specialist Prior to the Service Commencement Date, and within 30 Days of the effective date upon 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

696-AG-25-B019 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 the Contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

B. The designated Department representative that oversees the programmatic area will inspect and accept the work performed and Services delivered to ensure compliance with the Contract requirements insofar as the work is concerned. The Program Administrator will determine the adequacy of performance by the Contractor in accordance with the terms and conditions 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 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.

D. Each load is subject to inspection by the Department. The amount of total liquid applied will be tabulated. If the amount of total liquid applied does not approximately equal the correct amount to be applied and the Contractor is determined to be at fault, the Department may terminate this Contract as an Event of Default (Section I.2.1). In addition, if the Contractor refuses to allow inspection of any loads, the Contractor will be asked to leave the Unit immediately and a formal complaint and incident report will be put on file at Manufacturing, Agribusiness and Logistics headquarters. Such refusal of inspection may subject this Contract to termination as an Event of Default and may have an adverse effect on the Contractor’s ability to obtain any future Department aerial spraying contracts.

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.

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 an audit and/or monitoring reports pertaining to 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 reports within seven Days of issuance. Audits and/or monitoring reports may include allegations or complaints involving Services, 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 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 http://www.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-B019 Section F

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

The Contract Term will consist of a Base Period. The Contract may be extended per Section F.2, Option to Renew the Contract, for three one-year renewal periods

Base Period November 30, 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

F.2 OPTION TO RENEW THE CONTRACT

A. The Department may, at its sole discretion, issue a modification to renew the Contract for the Option Period(s), provided the Department gives the Contractor a Preliminary written notice of its intent to renew 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(s) may be mutually agreed to by the parties and executed in writing with the authorized signatures.

C. The preliminary notice does not commit the Department to the Option Period(s).

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

E. The Department may exercise its option to extend services for a three one-year Option

Periods, for a potential Contract duration of four 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-B019 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 any Senior Person shall designate the Authorized Representative in writing. The designation of the Contractor’s initial Authorized Representative shall be delivered to the Department no later than the effective date of this Contract. The Contractor’s Authorized Representative may designate other persons to assist such Authorized Representative in the performance of certain obligations required by this Contract.

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 of the Authorized Representative. The designated Division Director has been authorized to act on behalf of the Executive Director on all matters pertaining to the 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, 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 email address for the Contract Specialist 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. The Department, without prior notice to the Contractor, may at its discretion replace/reassign the Contract Specialist. The Contractor will be notified of the change.

G.2.3 Program Administrator

A. The Program Administrator for this Contract is Kathy Goodson.

B. The telephone number for the Program Administrator is (936) 437-6629.

C. The fax number for the Program Administrator is (936) 437-6649.

D. The email address for the Program Administrator is Ag_Business_Office@tdcj.texas.gov.

E. The Program Administrator is not authorized to make any representations or commitments of any kind on behalf of the Executive Director of the Department, his/her designated representative, or the State of Texas.

F. The 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 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 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 Response Cover Page) if the Contractor desires expedited Payment(s). 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 upon occurrence by the Department to the Contractor after Services are rendered and invoices with required reports 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 request for consideration to review…