ESBD_473362_1764809322128_301-26-06618-Part A State of Texas Mexico Office.pdf

STATE OF TEXAS

OFFICE OF THE GOVERNOR

TEXAS ECONOMIC DEVELOPMENT & TOURISM OFFICE

REQUEST FOR PROPOSALS

for

FOREIGN TRADE, TOURISM AND INVESTMENT REPRESENTATION

SERVICES FOR

THE STATE OF TEXAS MEXICO OFFICE - OFFICE OF THE GOVERNOR

(OOG)

Solicitation No. 301-26-06618

NIGP CLASS ITEMS

961-28 915-03 961-53 962-30

Response Date and Due Time: January 20, 2026 no later than 2:00 pm CT

Point of Contact

Jeffrey Duhon, CTCD, CTCM

CTPM No. CTCD/CTCM 1900017129

Procurement and Contracts Manager

Office of the Governor of Texas

Financial Services Division

P.O. Box 12428

Austin, TX 78711-2878

512-936-9503 jeffrey.duhon@gov.texas.gov

PART A: SPECIFIC TERMS AND CONDITIONS

Solicitation No. «prNumber» - Part A

1. STRUCTURE OF SOLICITATION

This Solicitation is composed of three parts:

Part A: Specific Terms and Conditions, including exhibits and other attachments and appendices, including:

Part A-1 Request for Proposals for Tourism Public Relations & Marketing

Services in the United Mexican States Service Region1;

Part B: Standard Terms and Conditions; and

Part C: Provisions Governing the Solicitation Process.

Resolution of Conflicting Provisions. In the event an instruction or term in Part A conflicts with an instruction or term in Part B or Part C, the instruction or term in Part A prevails. Any addenda or amendment to Part A, Part B, or Part C control over their original versions, respectively.

2. GLOSSARY OF TERMS

This Glossary assigns definitions to the listed terms. The definition given to a term listed in this

Glossary applies whenever the term appears in any Part of or Exhibit to this Solicitation and in any response to this Solicitation.

2.1. Account Manager

The individual who develops plans and executes programs to promote the benefits and advantages of doing business in Texas, provides trade counseling, import and export contacts and access to trade promotion opportunities.

2.2. Acceptable Quality Level

The level of performance of requested services and goods, based entirely on the judgment of the

OOG staff, below which the Contract will not be paid and/or damages may be assessed.

2.3. Addendum

A modification of the specifications contained in the RFP and distributed to prospective

Respondents prior to the opening of responses.

1 It is the intent of the OOG to procure the tourism-related goods and services that are discussed in Part A-1 through this Request for Proposals and to the same respondent. However, the OOG reserves the right to select a winning bidder for the provision of only the goods and services related to the operation and maintenance of the State of Texas Mexico

Office and which are discussed in Part A. In this case, the OOG may issue a separate Request for Proposals for the work discussed in Part A-1 at a later date. Furthermore, the OOG will consider Respondents that submit bids related to only Part A. Finally, the OOG reserves to right to decline to select a winning bidder at all.

2.4. Business Day

The State of Texas’s business days are Monday through Friday, 8:00 a.m. through 5:00 p.m., except for scheduled State of Texas holidays (see, http://www.hr.sao.texas.gov/Holidays).

2.5. Contract

The contract awarded as a result of the RFP and all exhibits thereto, as further described in Section

2 of Part B of the RFP.

2.6. Contractor

The Respondent(s) awarded a Contract as a result of the RFP.

2.7. CPA

The Texas Comptroller of Public Accounts.

2.8. ESBD

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

2.9. Fiscal Year

The fiscal year is the period beginning September 1 and ending August 31.

2.10. Generally Accepted Accounting Principles(“GAAP”)

A set of rules that encompass the details, complexities, and legalities of business and corporate accounting.

2.11. Historically Underutilized Business (“HUB”)

A business certified by the CPA that is a historically underutilized business as defined by Texas

Government Code, Title 10, Subtitle D, Chapter 2161. For further explanation, see the CPA administrative rules at Title 34, Texas Administrative Code, Part 1, Chapter 20, Subchapter D, Division 1 and https://comptroller.texas.gov/purchasing/vendor/hub/.

2.12. Intellectual Property Rights

The worldwide legal rights or interests evidenced by or embodied in: (i) any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement, including any patents, trade secrets, and know-how; (ii) any work of authorship, including any copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin; (iv) domain name registrations; and

(v) any other proprietary or similar rights. The Intellectual Property Rights of a party include all worldwide legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

2.13. Monthly Service Fee

The firm, fixed monthly fee charged by the Contractor to fully compensate the Contractor, and supporting subcontractors if applicable, for the costs of all of the Contractor’s in-house services and expenses required to complete work under this Contract. Such expenses include: all labor, including, but not limited to, all company account service time; project and account management, direction, supervision, and coordination, development of investment and trade contacts, regularly scheduled client meetings, background research, strategic counsel, accounting and billing services, administrative support, legal services and fees, travel expenses within the Target

Market, development of the annual Foreign Trade and Investment Representation Plan and required monthly and quarterly reporting and any other plans and reports, and equipment, as required to meet the Contract performance requirements. The Monthly Service Fee also includes all administrative and overhead costs relating to the establishment and/or operation of the State of Texas Mexico Office as required by Section 4.17, including, but not limited to, incidental and normal business operating expenses, such as local and long distance phone (landline and mobile) calls, facsimile, routine travel, postage, local courier service; internal copying; supplies, materials, parking and other ongoing services performed or required for routine performance, and facilities (including, but not limited to, the OOG Office Space as further defined and described herein, including, but not limited to, workstations, access to conference room(s), utilities, and cleaning services). The Monthly Service Fee does not include Reimbursable(s).

2.14. Office Director

The individual who oversees and provides direction for and manages all activities under the

Contract including, but not limited to, trade assistance and business recruitment in the Target

Market, office management, accounting for the entire Contract, billing, and reporting.

2.15. OOG

The Office of the Governor of Texas, Economic Development and Tourism Office (“OOG”).

2.16. Performance Period

Each annual period of the Contract Term, running contemporaneously with a Fiscal Year, during which the Contractor will perform the required services under the Contract. Each Performance

Period will be separately budgeted by the OOG, subject to available appropriations.

2.17. Plan of Action

The comprehensive plan to be proposed by the Contactor, which shall include, at a minimum, a complete schedule of all proposed trade, investment and marketing activities, other detailed data, and recommendations for target audiences and the Target Market consistent with the requirements of the RFP, including the goals and objectives identified in Section 4 of Part A of the RFP. Subject to revision and approval by the OOG, the Plan of Action as proposed by the

Contractor shall become the State of Texas Mexico Office Trade and Investment Plan to be initially implemented by the Contractor.

2.18. Qualified Prospects

Companies expressing to the OOG interest in the State of Texas as a potential investment destination with defined investment project characteristics including job creation, capital investment, established timeline and financing. For this Contract, the minimum requirements to qualify are at least ten permanent full-time employee positions and at least $500,000 in capital expenditures.

2.19. Reimbursable(s)

Purchases made and external expenses incurred by the Contractor, on behalf of the OOG, for services, goods, and local travel associated with coordinating and/or representing the State of

Texas at trade shows or missions and out-of-country travel, not included in the Contractor’s

Monthly Service Fee. All Reimbursable(s) must be pre-approved, in writing, by the OOG.

2.20. Respondent

An entity submitting a proposal in response to the RFP.

2.21. The State of Texas Mexico Office Trade and Investment Plan

The Plan of Action revised, if necessary, and approved by the OOG, to be implemented, maintained, and updated by the Contractor.

2.22. Target Market

The United Mexican States (“Mexico”), as a whole, or any subdivision(s) thereof.

2.23. Texas Partners

Any Texas communities, economic development organizations, chambers of commerce, industry associations, academic institutions, or state agencies; looking to promote their location as an investment destination or a Texas-based private entity or a supplier looking to export to Mexico.

2.24. Trade and Investment Promotion Mission

The Contractor shall implement a comprehensive trade and investment promotion program in

Mexico to support Texas economic development goals. Activities shall include one-on-one meetings with business, industry, and government representatives, as well as targeted promotional and networking events to generate qualified trade and investment leads.

The Contractor shall coordinate special events with the Office of the Governor (OOG) and/or

Texas Partners to facilitate connections with identified trade and investment prospects to explore potential international business opportunities and to help create networks of potential investment prospects, buyers, agents, suppliers and key government representatives while promoting Texas as an investment destination. Activities may take place in multiple Mexican cities and involve collaboration with local partner organizations to maximize outreach.

The Contractor shall submit a post-event summary report detailing participants, activities conducted, and measurable outcomes such as leads generated and follow-up actions.

2.25. Unqualified Prospects

Companies that show an interest in establishing a site in the State of Texas but do not have either a defined project and/or a defined budget for the project with which to place an investment in the State of Texas at that moment in time.

2.26. Works

All databases, contact catalogues, documents, reports, statistical analyses, work papers, work products, materials, approaches, designs, specifications, systems, documentation, methodologies, concepts, research, materials, intellectual property or other property developed, produced, or generated in connection with the Contract, including, but not limited to, newsletters, speeches, news releases, feature briefs, print and electronic clippings, press kits, advertising copy, social media, data, and/or data compilations, print and digital invitations, photographs, mats, video, display materials, and other collateral prepared, developed, supplied, commissioned, gathered or generated by the Contractor in the performance of its obligations under the Contract, and/or provided by the OOG or any other person or entity to the Contractor in order that it may perform the services or provide the goods required under the Contract.

3. GENERAL INFORMATION

Overview of the Texas Economic Development and Tourism Office

The Texas Economic Development and Tourism Office (“EDT”) within the Office of the Governor

(“OOG”), markets Texas as one of the world's premier business locations and travel destinations, with a goal of creating jobs and economic opportunities for Texas residents and communities. also promotes Texas goods to international markets.

3.2. Overview of the State of Texas Mexico Office and Purpose of Procurement

Established pursuant to Texas Government Code, Section 481.027, the State of Texas Mexico

Office (“STMO”) is one of four foreign offices representing the State of Texas. The STMO represents the State of Texas in the Mexico and supports Texas economic development efforts by assisting both Mexican companies looking to invest in Texas and Texas businesses looking to export to Mexico. This office will work towards the statutory goal of strengthening trade, investment and tourism ties between Texas and Mexico.

The STMO will assist Texas businesses, state agencies, local economic development organizations and Texas delegations in Mexico; represent the State at trade and promotion events; and through its activities generate business investment prospects looking to relocate or expand in Texas.

The STMO staff will provide services to market the State as a premier business and investment destination from its location in Mexico. The staff will develop plans and execute programs to promote the benefits and advantages of doing business in Texas; as well as provide trade counseling and access to trade promotion opportunities.

Term of Contract

3.3.1. Primary Term

The primary term of any Contract awarded as the result of this Solicitation shall commence on March 1, 2026 (“Effective Date”), and shall terminate on August 31, 2027, unless terminated earlier pursuant to the terms of the Contract. The primary term plus any renewal terms or extensions, if any, shall constitute the “Contract Term.”

3.3.2. Renewal Term

The OOG shall have the right to renew the term of the Contract for up to three additional 12 months month periods through August 31, 2030 with consideration to

Contractor performance. The OOG shall provide the Contractor with written notice of its intention to renew the term of the Contract in writing at least thirty days prior to the

Contract termination date.

3.3.3. Optional Extension

Upon the exhaustion of any and all renewal terms, the OOG may, in its sole discretion, extend the term of the Contract in any increment of months for up to six months if the

OOG determines that an extension is necessary to facilitate a transition to a new vendor.

The OOG shall provide the Contractor with written notice of its intention to extend the term of the Contract in writing at least thirty days prior to the Contract termination date.

Any compensation to the Contractor for this extension period would be based upon negotiated rates between the OOG and the Contractor and/or the reimbursement for actual expenses.

Office of the Governor’s Point of Contact Information. The mailing address of the

OOG for all notices is:

Jeffrey Duhon, CTCD, CTCM

CTPM No. CTCD/CTCM 1900017129

Procurement and Contracts Manager

Office of the Governor of Texas

Financial Services Division

P.O. Box 12428

Austin, TX 78711-2878

512-936-9503 jeffrey.duhon@gov.texas.gov

Captions and Headings

The captions to the sections of this Solicitation are for convenience only and shall not affect the construction or interpretation of the Solicitation’s substantive terms.

4. STATEMENT OF WORK – SERVICE REQUIREMENTS

Representation Services Requirements

EDT strives to use the most innovative and cost-effective foreign trade and investment programs to raise awareness of Texas as a premier business destination. The scope of work for services and goods sought by EDT in the Target Market includes a primary focus on strategic partnerships with key government, industry and business leaders, and business trade and investment strategies. The secondary focus is assistance with Texas marketing activities. Keeping this in mind, the Contractor shall have the following goals while providing trade and investment services for EDT to raise awareness on a national level of Texas as a premier business destination.

The Contractor’s duties shall include, but are not necessarily limited to, providing representation services for EDT:

a. operate and maintain the STMO;

b. represent the interest of the State of Texas in the market;

c. review host country and regional government policies that may affect Texas businesses;

d. develop and implement a robust economic development strategy that successfully promotes the Texas business climate;

e. conduct high profile meetings with local and federal leaders as well as with private sector leaders to discuss the Texas business advantage;

f. assist EDT in promoting and marketing Texas as a premier business destination;

g. generate measurable results from trade and investment events (virtual and in-person);

h. contribute to the development of talking points on foreign trade and investment matters from a Mexican-perspective;

i. assist in the development of marketing strategies for trade expansion and investment opportunities for Mexican companies in Texas;

j. assist EDT in planning, organizing, and executing investment promotion and export development missions to/from Mexico, which may include, but is not limited to: logistics, meetings, recruitment, venue selection, and invitation dissemination;

k. act as a liaison with Texas companies and communities, including chambers of commerce, economic development organizations, higher education institutions and regional groups with regard to exporting to Mexico and investment opportunities in Texas;

l. interact and develop business networks with other trade and investment, economic development, and other allied organizations, external to EDT as appropriate to accomplish the STMO’s mission;

m. assist Texas communities with specialized searches of companies creating primary jobs with the potential to set up industrial facilities and corporate operations in Texas;

n. provide government liaison and sales assistance/orientation and general legal business orientation for businesses interested in foreign investment and/or export promotion; and

o. assist in on-going collaboration with economic development officials from interested cities in Texas to organize trade and investment missions to Mexico.

Business Trade and Investment Promotion and Marketing Initiatives

To meet the STMO mission, as further described in Section 3.2 of Part A of this RFP, and fulfill the representation requirements as further described in Section 4 of Part A of this RFP, EDT is seeking an entity that is capable of providing the following goods and services:

4.2.1. Investment Prospect Generation

1. Seek and develop viable prospects with a goal of expansion or relocation to Texas; and

2. Develop a comprehensive business recruitment and marketing Plan of

Action (Section 4.5 of Part A of this RFP)

4.2.2. Export Promotion Services

1. Provide Texas businesses with technical assistance, information, and referrals related to the export of products and services, including export finance and international business practices;

2. Assist Texas businesses with distributor and client searches;

3. Provide information, contacts, and lists from commercial libraries and databases;

4. Provide government liaison and sales assistance/orientation and general legal business orientation for businesses interested in foreign investment and/or export promotion;

5. Assist in on-going collaboration with economic development officials from interested Texas economic development partners to organize trade and investment missions to Mexico and other countries as needed;

6. Assist the organization of trade and investment missions for specific industry sectors;

7. Coordinate with EDT, the representation of Texas exporters at international trade shows, missions, marts, seminars, and other appropriate promotional venues in Mexico and other countries as needed;

8. Cooperate and act in conjunction with other public and private organizations to promote and advance Texas export trade activities in Mexico and other markets as needed;

9. Determine the needs of business prospects and fulfill their requirements by obtaining and providing information on Mexican distributors and clients that will assist them in making informed decisions as to whether their product or service is competitive in the Mexican market;

10. Maintain a computer/digital database of business prospect information in the and track assistance given to Texas companies and organizations up to the final conclusion of the service;

11. Maintain current knowledge of trade and investment policies, procedures, programs and services relative to achieving the STMO’s mission;

12. Participate in activities, including in-house training, external conferences, seminars and workshops to maintain the currency of Contractor staff’s knowledge in trade, investment and economic development practices; and

13. Act as a liaison with Texas companies and communities, including chambers of commerce, economic development organizations, and regional groups with regard to exporting to Mexico and investment opportunities in Texas.

14.

4.2.3. Investment Promotion

1. Participate in domestic trade shows, trade missions, marketing trips, and seminars with a goal of promoting Texas as a premier business investment destination;

2. Produce and disseminate information through the use of available media and resources, including the Internet, to promote business assistance programs and the overall business climate in Texas;

3. Plan, organize and execute in-market events aimed at educating the

Mexican business community on the benefits and advantages of doing business in Texas;

4. Assist EDT in planning, organizing and executing investment promotion and export development missions to Mexico, which may include, but is not limited to: logistics, meetings, venue selection, and invitation dissemination;

5. Assist in the planning, content development, and publication supplements in Mexico’s main media outlets as needed;

6. Assist in presentations and seminars in Texas and in Mexico as well as other markets as needed;

7. Interact and develop business networks with other trade and investment, economic development, and other allied organizations, external to EDT as appropriate to accomplish the STMO’s mission;

8. Market and promote advantages and benefits of doing business in Texas;

9. Provide direct technical assistance, and other services to businesses and communities when reasonable and practical;

10. Contribute to the development of talking points on foreign trade and investment matters from a Mexico-perspective; and

11. Plan and organize potential inbound missions for select qualified business prospects.

4.2.4. Social Media

The Contractor shall use social media platforms to promote STMO events and to share content approved by the OOG and EDT with the goal to highlight Texas as a premier business destination.

4.2.5. Research

Appropriate market research and planning should be conducted in to determine the most effective and representation services plan efforts. The Contractor shall become familiar with and use economic development; trade; investment research data; and information made available by EDT and shall incorporate such research into trade and investment activities. EDT’s economic development office reports are available at https://gov.texas.gov/business .

https://gov.texas.gov/business

4.2.6. Other Duties

The Contractor may propose and may also be required from time-to time by EDT, to provide additional services that are generally within the scope and intent of the services described herein that are reasonable and necessary to perform and carry out the goals and objectives of the State of Texas Mexico Office and EDT.

4.3. Target Performance Measures for Service Requirements

The Contractor shall be responsible for meeting the following performance measures for service requirements:

Performance Measure Requirement

Qualified Prospects Generated

Generate a minimum of five (5) "Qualified

Prospects" per year, as defined in the Glossary of Terms in Exhibit A of this contract

Trade Assistance Events Attended Attend a minimum of 10 events annually, to assist Texas companies find markets in Mexico

Texas Promotion Events Executed

Execute a minimum of 10 events in a year that promote Texas as an investment location for

Mexican companies, or other countries from the region, as needed, a minimum of 5 of which must be in the Target Market, the remaining of which may be virtual webinars or meetings.

Texas Business/Organizations Assisted No minimum number, but must report the total number of business or organizations assisted

The Contractor must include in the monthly report the following outcomes from all Texas

Promotion Events:

a. Number of Qualified Prospects generated;

b. Number of Target Market businesses assisted;

c. Number of Texas Partners assisted; and

d. Number of Texas communities assisted.

The Contractor must also report, at a minimum, the following information on a monthly and annual basis:

a. Number of Texas businesses assisted;

b. Number of Texas communities assisted, the name of each community, and the nature and results of the assistance;

c. Number of Texas exporters assisted;

d. Number of contacts with Texas and Mexican businesses or organizations, the name of each business or organization, the nature of the contact, the results of each contact, and the date of assistance; and

e. Non-greenfield Mexican investment activity in Texas during the period.

The Contractor may propose additional performance measures for meeting service requirements that will be used in evaluating work in reaching the STMO’s goals.

4.4. Activities Tracking

The Contractor shall track and maintain records of all Contractor-generated activities promoting

Texas within the market. The Contractor shall use a standard method, approved by EDT, to report the activities. The Contractor shall report on the types and the number of activities generated from activities specified in Section 4.2 of Part A of this RFP.

4.5. Plan of Action

On or before June 1st of each year beginning after the effective date of any contract resulting from this solicitation, the Contractor shall be responsible for development and submission of an annual

Plan of Action for the services the Contractor proposes to undertake in all markets during the upcoming fiscal year. The Plan of Action shall include the Contractor’s evaluations and recommendations for all proposed activities and projects to be undertaken in the Mexican market that will most effectively position Texas, create awareness of and stimulate interest in Texas among businesses, the media, and potential investors. Appropriate market research and planning should be conducted and provided in order to determine the most effective and cost-efficient trade and investment effort. The Plan of Action must include a detailed budget for all proposed projects, activities, services to be performed, as well as recommendations of specific goals and measurements that demonstrate the success of the Plan of Action in meeting the goals and objectives outlined in Section 4 of Part A of this RFP.

Any routine use of subcontractors for the provision of Contractor’s in-house services that are to be included in Contractor’s Monthly Service Fee shall be disclosed and clearly identified in the proposed Plan of Action.

The Plan of Action must be approved by EDT prior to implementation, at which point it becomes the Representation Services Plan for the STMO for the Fiscal Year as further described in Section

4 of Part A of this RFP.

4.6. Representation Services Plan

Upon EDT’s approval, the Plan of Action will be adopted and serve as the STMO Trade and

Investment Plan. Contractor shall operate in accordance with an approved, detailed, written plan, including budget allocation for representation services to market and promote Texas and, when directed, activities in the Target Market. The Plan of Action must meet or exceed the goals and objectives identified in Section 4 of Part A of the RFP.

4.7. Coordination of Efforts

When appropriate, and as required by EDT, the Contractor shall coordinate activities with other

EDT vendors (e.g., advertising, public relations and marketing, or research), other state agencies and local, regional, and statewide business and industry associations and organizations involved with or affected by services and goods provided under the Contract.

The Contractor’s account team, in coordination with EDT’s designated representative, shall compile, maintain, and provide certain required reports to, and participate in, status calls with EDT.

Texas Government Code, Section 2252.907 requires that information created or exchanged by the

Contractor must be made available in a format that is readily accessible to the public; accordingly, reports may not be delivered or made available to EDT solely through portal access to the

Contractor’s information systems or project management applications. Reports must be provided in either Microsoft Word, Microsoft Power Point, Microsoft Access, or Microsoft Excel formats.

Reports may be, but are not required to be, delivered electronically to EDT, such as via email, or through a State of Texas secure file transfer portal. These reports and status calls shall include the items sections 4.8 through 4.14 included below.

4.8. Regularly Scheduled Status Calls.

The Contractor will be required to participate in regularly scheduled or ad hoc status calls.

4.9. Monthly Report.

On or before the fifteenth (15th) Business Day of each month during the Contract Term, the

Contractor shall submit to EDT a monthly report that includes the following:

a. Promotion and Networking Events;

b. Organizations, Officials and Institutions assisted;

c. Texas Economic Development Communities, Institutions and Organizations assisted;

d. Investment Leads;

e. Trade and Business assistance; and

f. Digital Social Media.

4.10. Response Tracking Report

A log sheet that records all types and the number of activities generated from activities and measures specified in Sections 4.2 and 4.3 of Part A of this RFP during the prior month’s period.

4.11. Ongoing and Completed Projects Update

A description and evaluation of all ongoing projects and projects completed by the Contractor

(including all necessary back-up) during the prior month’s period, including but not limited to, all services and goods (e.g., research, marketing, trade, and investment events (including webinar/virtual events), and activities), and including a copy of all materials produced by the

Contractor.

4.12. Accounting Report

An accounting of the prior month’s expenditures, including the Monthly Service Fee and all

Reimbursable(s) amounts by project, projected future expenditures, a cumulative total of expenditures for the Fiscal Year and Contract Term, and available budget balances for the remainder of the Contract Term and Fiscal Year.

4.13. Performance Update

A description, including all relevant figures, of the Contractor’s progress during the month toward meeting key Contract performance standards and the Contractor’s evaluations and recommendations for meeting annual performance standards targets, including monthly totals and descriptions for the measures identified in Section 4.3 of this RFP.

4.14. Annual Report.

On or before September 30 following the primary term and each renewal term, the Contractor shall submit to the Office a written annual report that provides a comprehensive overview of the performance of the Contractor’s representation services, including, but not limited to, a review of all trade and investment promotion activities, major accomplishments, and performance summaries (including all performance measures). The annual report shall include a comprehensive section on the state of economic development and commercial policy in Mexico.

4.15. Failure to Comply with Reporting Requirements

Except as described in this section, the Contractor’s failure to comply with the reporting requirements under this Contract shall be grounds for termination of the Contract for reason of default.

The following shall not constitute grounds for termination of the Contract for reason of default:

a. Events that are directly caused by the failure of EDT, any Texas state agency, or any governmental entity to perform any required activity;

b. Action or inaction by EDT, its end-users, their employees, invitees, and third parties, including, but not limited to, changes in applications, protocols, or transmission parameters without prior coordination with the respondent; or

c. Breach of the Contract by the Office; or any other cause beyond the control of the

Contractor including, but not limited to Force Majeure (in accordance with the section of the Contract referring to “Force Majeure”) or failure or unavailability of EDT or equipment not provided by the Contractor (as long as the delay or service interruption is due to a problem with the equipment itself and is not due to the fact that the Contractor recommended the wrong equipment or equipment that is not suited for this project).

The Contractor has the burden of proof that the delay or other failure is attributable to someone or something other than the Contractor.

The Contractor must meet the reporting requirements specified in sections 4.8 through 4.14 of the

RFP on the dates specified in those Sections. The reporting requirements specified in Sections 4.8 through 4.14 will be used to measure compliance with this service level requirement. include the items sections 4.8 through 4.14

Notwithstanding the foregoing, EDT reserves the right to provide the Contractor with a cure period prior to initiating termination of the Contract for reason of default.

4.15.1 Contractor’s Relationship to the OOG

The OOG is a part of the executive branch of Texas state government, and does not relinquish control over decisions related to the Deliverables specified in Part

A of this Solicitation to the Contractor. Rather, the Contractor shall provide all

Deliverables under the Contract with the OOG’s prior approval.

4.16. Contracted Account Staff

The Contractor shall dedicate qualified professional staff who must be proficient in the English language and experienced in working on economic development, trade and investment promotion and export assistance to work on EDT’s account in Mexico. Key account staff must be solely assigned to the performance of foreign investment and trade promotion activities on behalf of the

State of Texas. The Contractor must dedicate an experienced account manager to oversee all activities in the Target Market and under the Contract, including, but not limited to, coordinating investment promotion campaigns in the Target Market, account management, accounting for the entire contract, billing, and reporting. The account manager will be EDT’s primary day-to-day contact. The account manager shall be solely assigned to the STMO account. With prior EDT approval, the Contractor may fulfill investment promotion and export assistance activities through the use of one or more subcontractors.

Personnel must include key account team members who must work from Mexico office described in Section 4.18, unless otherwise agreed to by EDT. Key account team members shall be responsible for day-to-day activities required to support and service EDT’s account in the Target

Market. The Contractor shall endeavor to maintain the same key account staff assigned to the

Contract to avoid disruption of services. If key account staff cannot continue on the account, the

Contractor must notify EDT in writing. The Contractor shall appoint replacement key account staff with reasonably similar qualifications. The Contractor may seek, and EDT may provide, feedback on proposed replacement key account staff. Notwithstanding anything to the contrary, the

Contractor shall have the sole and final discretion in assigning replacement key account staff.

Unless otherwise agreed to by the Office, all key personnel must be experienced in working on accounts similar in nature and budget size to EDT’s account and should be experienced in providing investment promotion and export assistance for Investment Promotion Agencies (IPA) and Economic Development Organizations (EDO).

The personnel proposed by Respondent and subcontractor, if applicable, will be required to undergo periodic standard Criminal History Background Checks during the Contract Term, and must maintain the following qualifications:

a. Account Staff Requirements – Language, Experience and Education

Written communication requirements: Account Staff must have the ability to routinely read, interpret between English and Spanish and/or compose correspondence, reports, documents, policies, and procedures, record information, and prepare other documents using handwritten or electronic means. Additional languages will be considered a plus.

Speech communication requirement: Account Staff must have the ability to communicate verbally in both English and Spanish with clients/customers in individual or group settings, to gather information and/or explain policies/procedures in a courteous, precise, comprehensible manner.

Experience and Education: Account staff must have graduated from an accredited college or university with a bachelor’s degree in business administration, economics, public administration, planning or program design or related fields. Account staff must have at least two (2) years direct experience desired in business and economic development or related field in a responsible position to include experience in trade and/or investment. Account staff must be able to demonstrate computer literacy (Microsoft Office Suite applications preferred) including database, word-processing, and spreadsheets. Account staff must have the ability to work independently or as a contributing team member. Additionally, they must have the ability to analyze and resolve problems.

Account staff must comply and follow all rules, regulations, policies, and procedures of the

OOG with respect to the services performed under the Contract.

4.17. Assumption of Existing Contracts, Subcontracts and Programs

The Contactor may, at the OOG’s sole discretion, be required to assume certain subcontracts, licensing agreements, and programs that may have been originally established by a prior vendor of the OOG and that remain in effect on the date the Contract is awarded.

4.18. Physical Offices

EDT is requesting the goods and services in this RFP be provided by an experienced firm with at least one or more physical office(s) in Mexico. Preferably, the firm will also have one or more offices in Texas.

The Contractor shall have and maintain, a fully operational physical office located in Mexico, preferably centrally located in the main business district of Monterrey, Nuevo Leon. The office(s) shall be adequately staffed and equipped at all times to provide day-to-day operations to support and service EDT’s account. Unless otherwise agreed to by EDT, key members of the Contractor’s

EDT account staff, as further described in Section 4.16 of Part A of this RFP, shall be located at, and provide day-to-day operations from, the Contractor’s office in Mexico.

Respondents may propose to provide services and goods required under this RFP, including, without limitation, physical office location, utilities, cleaning services, insurance, and taxes, as follows:

Option 1: Contractor’s Office Location. Respondents may propose to provide all required services from the Contractor’s current office location in Mexico. Within the first thirty (30) days following the award of the contract, the Contractor shall have established, and shall maintain throughout the Contract Term, a fully operational, centrally located physical office in Mexico, preferably located in Monterrey, Nuevo Leon main business area. The space designated for the

STMO within Contractor’s current office location must be clearly separated from the rest of the

Contractor’s spaces and have appropriate signage marking it as the STMO.

Option 2: New Office Location. Respondents may propose to provide all required services from a different office location from the Contractor’s current office for the STMO within 60 days following the award of the contract, the Contractor shall have established, and shall maintain throughout the contract period, a fully operational, centrally located physical office in in Mexico, preferably centrally located in Monterrey, Nuevo Leon main business area.

Respondents must identify one or more of these options for the office location in its proposal and shall clearly state which option(s) it proposes. If Respondent proposes more than one option for the Office consideration, Respondent shall provide separate cost proposals for each office location option proposed.

4.18.1. Requirements Applicable to the STMO Location.

The STMO, whether physically located at the Contractor’s current physical office location, or at a new location proposed by the Contractor, shall be adequately staffed and equipped at all reasonable times to provide day-to-day operations to support and service EDT’s account in Mexico, including, without limitation, provision of office space in the form of workstations and access to conference room(s), as well as any and all requirements related to such property and premises as set out in the Contract (including, without limitation, utilities and cleaning services) (“Office Space”).

Members of the Contractor’s account team shall be expected to staff and provide day-to-day operations from the STMO location.

In accordance with the requirements of Texas Government Code, Section 481.027, the STMO must be named the “State of Texas” office, and must be made accessible to: (1) EDT staff; (2) guests authorized by EDT; (3) other Texas state agencies that conduct business in Mexico; and (4) Texas-based institutions of higher education and their nonprofit affiliates for the purposes of fostering Texas science, technology, and research development, international trade and investment, and cultural exchange. Other agencies of the State of Texas shall be permitted to place staff in the STMO on an as-needed basis. EDT may, in its sole discretion, enter into contracts with other Texas state agencies for this purpose, and may require such agencies to share the overhead and operating expenses of the office.

Any lease entered into by the Contractor for the STMO location, including, but not limited to, any lease relating to the building in which OOG Office Space is located, shall be fully-assignable to OOG as to OOG Office Space and shall contain an assignment clause permitting OOG to exercise the right of first refusal to assume or otherwise accept assignment of the lease as to OOG Office Space in the event that: (1) the Contractor’s lease is ended for any reason; and (2) this Contract is terminated for any reason.

The Contractor covenants and agrees to pay all taxes, of whatever nature, levied and assessed and to be levied or assessed, on or against the property and improvements during the duration of the Contract; and to keep the premises (except for modifications or improvements made by EDT), property and buildings in good repair and condition for the duration of the Contract.

The Contractor's maintenance obligations hereunder shall include, but are not limited to, the following services:

a. Repair and patch wall, ceiling and floor surfaces; clean, repair or replacement of carpet, at the Contractor’s cost;

b. Provide routine janitorial services at the Contractor’s cost; however, the

Contractor is not required to clean, repair or replace damage caused by EDT’s negligence except as otherwise provided in the Contract;

c. Ensure that proper utilities and supplies are provided for the office;

d. Paint as needed; replace broken window glass, repair window shades, blinds and/or drapes, fasteners and sash cord or chains, repair roof and ceiling leaks, repair building exterior, interior, provide and repair plumbing, heating, air conditioning and ventilating equipment, fire protection equipment, miscellaneous valves, woodwork, locks, floor surface and coverings, and lighting fixtures, including replacement of defective or burned-out bulbs, fluorescent tubes, ballasts and starters, at the Contractor’s cost; and

e. Provide EDT with access to additional storage space on site for archival material based on availability.

It is understood and agreed that if the Contractor does not maintain the premises and all appurtenances thereto, as specified in the Contract, in reasonably good repair, reasonable wear and tear excepted, the OOG shall notify the Contractor in writing in reference thereto. If, within thirty (30) calendar days after such notice has been mailed to the Contractor, action is not taken by the Contractor to remedy the grievances specified, the OOG may take such actions as are set forth in in the

Contract concerning the OOG’s right in the event of breach or default by the

Contractor.

The Contractor shall covenant and agree that it will not rent, lease or otherwise furnish space in its or any adjacent buildings under its control to any enterprise which, in the usual exercise of its business, could be expected to create noise or odors injurious or disruptive to EDT’s normal government activity.

The Contractor shall further covenant that it has full power and authority to execute the Contract and to place the OOG in possession of the OOG’s Office Space, in full satisfaction and compliance with the terms and conditions in the Contract, and in accordance with the Contractor’s lease for the premises in which the OOG Office

Space will be housed. The Contractor also shall agree that it will not attempt to impose upon the OOG any requirements of other legal instruments related to the premises in which the OOG Office Space will be housed not referred to herein or made a part hereof. The Contractor shall warrant and defend unto the OOG against the claims of all persons to the leasehold interest of the OOG.

The Contractor shall further covenant and agree that the OOG may, upon coordination with the Contractor, bring on to the OOG Office Space any and all equipment and improvements reasonably necessary for the efficient exercise of the

OOG’s governmental responsibilities. Any and all improvements that may be made by the OOG shall be and remain the property of the OOG. The OOG shall have the right to remove any or all of such improvements at any time during the term hereof or within a reasonable time following termination of lease.

Any signs necessary to indicate the OOG/EDT’s name, location and governmental purpose shall be prepared and installed in accordance with the Contractor's applicable rules and regulations and in keeping with building decor. The Contractor shall agree that the OOG may display the name of the STMO, together with the state seal of Texas in or around the OOG’s Office Space, with the specific location(s) to be agreed to by EDT and the Contractor.

On termination of the Contract, by lapse of time or otherwise, the OOG may, within a reasonable time thereafter, at its option and expense, remove from said premises any and all improvements, equipment, appliances or other property placed or owned by it thereon; and shall deliver up said premises and property to the Contractor in as good order and condition as they now are, or may be put by the Contractor;

provided however, that reasonable use, ordinary wear and tear, depreciation, damages, or destruction by fire or the elements or unavoidable casualty and repairs, and replacements, for which the Contractor is obligated, are excepted.

During the term of the Contract, if the premises housing the OOG Office Space, or any portion thereof, shall be condemned for any public purpose, the OOG shall have the option of terminating and canceling the portion of the Contract relating to the OOG Office Space upon fifteen (15) days’ notice to the Contractor of termination.

It shall be mutually agreed between the OOG and the Contractor that if the premises housing the OOG Office Space, during the term of this Contract or previous thereto, be slightly damaged by fire or any other cause or causes beyond the responsibility of the OOG, the same shall be promptly repaired by the Contractor. During the time of such repair, if the OOG Office Space cannot be fully utilized by EDT to its satisfaction, any portion of payments due under the Contract relating to the OOG

Office Space (the “OOG Office Space Portion”) shall be either reduced or withheld in accord with the degree of non-use. If the OOG Office Space is so damaged as to be unfit for occupancy, then, and from the date of such damage, the portions of the

Contract relating to the OOG Office Space shall cease and be void. In such event, the OOG Office Space Portion shall be due and payable only to the date that the damage was incurred. If the Contractor has alternative available space, EDT shall have first option on use of the available space under the same terms and conditions of this Contract.

The OOG reserves the right to assign any agency of Texas government to occupy all or any part of the space described and leased herein. The OOG covenants and agrees that it will not assign or sublet all or any part of the OOG Office Space to any private person or private corporation.

In the event the Contractor shall breach or be in default in the performance of any of the covenants or obligation imposed upon the Contractor as relate to the OOG

Office Space or shall otherwise breach its covenants or obligations hereunder as relate to the OOG Office Space, and shall be and remain in default for a period of thirty (30) days after written notice from the OOG of such default, the OOG shall have the right and privilege of terminating the portion of the Contract relating to

EDT Office Space and declaring the same at an end, and shall have the remedies now or hereafter provided by the laws of the State of Texas for recovery of damages occasioned by such default. In lieu of a formal declaration of default and resulting termination as provided above, the OOG may withhold payment of a portion of the

Monthly Service Fee relating to the OOG Office Space until such time as the violations have been corrected to the…