ESBD_491664_1771630678834_5510000821TAFA_Audit ESBD.docx

Texas Department of Agriculture (TDA) Purchasing and Contracting Office 1700 N. Congress Avenue Austin, Texas 78701 TAFA Financial Audit

REQUEST FOR QUALIFICATIONS (RFQ)

DATE ISSUED

2/20/2026

Respondent must submit sealed response no later than 3:00 PM CT on through 3/20/2026, to the following address:

Attention: bidroom@texasagriculture.gov For information contact:

Alfredo Aguirre Phone: (512)463-9779 E-mail: Alfredo.Aguirre@TexasAgriculture.gov

RESPONSE (Respondent must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

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

NAME AND ADDRESS

OF RESPONDENT:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES. Respondent must submit its response electronically to Bidroom@texasagriculture.gov before the due date and time posted on posted on the Electronic State Business Daily (ESBD)

ATTENTION: It is the responsibility of interested parties to periodically check the above method for updates to this solicitation prior to submitting a response. Respondent’s failure to periodically check the method above will no way release the selected Respondent (Contractor) from “addenda or additional information” resulting in additional costs to meet the requirements of this solicitation.

By signing this document, Respondent represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate. Failure to sign will disqualify response. TDA may pursue and enforce any available remedies against Respondent for making false statements, including disqualifying the Respondent’s response, immediately cancelling any Contract awarded to Successful Respondent, or recommending State of Texas debarment.

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Texas Department of Agriculture

PCO 805 RFx Template Version 5.2 Revision 12/15/2025

Table of Contents

PCO 805 RFX Template Page 2 of 2 Version 5.2 Revised 12/15/2025

SECTION I – INTRODUCTION AND STATEMENT OF WORK

INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this REQUEST FOR QUALIFICATIONS (RFQ) to solicit responses from qualified Respondents for the completion of a financial statement audit of the Texas Agriculture Finance Authority (Authority) for the fiscal year ending August 31. The audit must be performed by a Certified Public Accountant (CPA) as required by Texas Agriculture Code, section 58.016, as described in this Section I and in this solicitation. TDA’s objective is to obtain the services that represent the best value for TDA and the State of Texas, according to the terms and conditions of this solicitation.

There are three distinct elements to this project:

1. A financial statement audit;

2. independent auditor’s report and ;

3. Written review of the Authority’s accounting system.

The purpose of the financial statement audit is to determine whether, in the opinion of the selected Respondent (Contractor), the financial statements of the Authority are presented fairly in all material respects in conformity with Generally Accepted Accounting Principles (GAAP). The audit will include examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. The Contractor will produce an independent auditor’s report that will include a written narrative overview and analysis of the financial activities of the Authority for the State of Texas fiscal year-end. The State of Texas fiscal year commences on September 1 and ends on August 31.

The discussion and analysis are intended to serve as an introduction to the Authority’s basic financial statements, which have the following components:

1. Management’s Discussion and Analysis (MD&A),

2. Proprietary fund financial statements and,

3. Notes to the financial statements.

In addition, Contractor will produce a written review of the Authority’s accounting system that will assess the accounting principles used and significant estimates made by management, as well as an evaluation of the overall financial statement presentation. The audited financial statements must be prepared in accordance with GAAP established by the Governmental Accounting Standards Board (GASB) and the office of the Texas Comptroller of Public Accounts’ (Comptroller) Uniform Statewide Accounting System (USAS) policies and procedures and financial reporting guidelines. Contractor's written review must include an expression of an opinion on the fairness of the financial statements in accordance with GAAP. The Department maintains the books and records for the Authority. The contracted vendor will be required to provide the Department, on behalf of the Authority, with the deliverables, as specified in this RFQ and as agreed upon under any contract(s) resulting from this solicitation.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS SOLICITATION CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.

All costs associated with the solicitation must be included in the Respondent’s Proposal. Solicitation responses that do not meet all the requirements or contain all the required documentation specified in this solicitation may be rejected as non-responsive.

BackGRound Established by the Texas Legislature in 1907, TDA was created to gather statistics on crops and livestock and to educate farmers on advanced farming methods and practices. Over time, TDA’s responsibilities expanded significantly, including the absorption of the Texas Department of Rural Affairs and the State Office of Rural Health in 2011.

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

The Department has regulatory responsibility to ensure licenses are appropriately issued and renewed. TDA strives to provide accessible and responsive services that strengthen public safety and consumer protection. Today, TDA performs a wide variety of regulatory, nutrition, economic development, and marketing activities, such as:

1) Regulating the production and transport of agricultural commodities and reviewing commodity board budgets;

2) Administering numerous federal and state nutrition assistance programs for children and adults;

3) Regulating agriculture-related activities in the marketplace to protect consumers, such as retail package content and weighting device calibration and the registration and use of agricultural, residential, and commercial site pesticide applications;

4) Providing financial assistance for agribusinesses and rural enterprises, rural healthcare facilities, and community infrastructure projects to promote economic development in rural Texas; and

5) Promoting Texas agricultural and rural products locally, nationally, and internationally.

Furthermore, the Authority was created in 1987 as a public authority within TDA. The Authority is charged with responsibility for providing financial assistance for the expansion, development, and diversification of the production, processing, marketing, and exporting of Texas agricultural products. It is additionally authorized to design and implement programs to further agricultural-related rural economic development.

The Authority is guided by Article III, Sections 49-i and 49-f of the Texas Constitution; Chapters 44 and 58 of the Texas Agriculture Code; and administrative rules established in Title 4, Part 1, Chapter 28 of the Texas Administrative Code. Pursuant to Section 58.012 of the Texas Agriculture Code, the Authority is governed by a Board of Directors.

Initially, the various Authority programs set out in Chapter 58 were funded through the issuance of general obligation bonds as authorized for by Article III, Section 49(i) of the Texas Constitution and Section 58.031 of the Agriculture Code. In 2009, the Texas Legislature amended Chapter 58, granting the Texas Public Finance Authority (TPFA) exclusive authority to act on behalf of the Authority in issuing authorized debt instruments. See Tex. Agric. Code, §58.041. Accordingly, TPFA is the issuer for any and all future general obligation debt on behalf of the Authority as authorized in statute, approved by the Bond Review Board and approved by the Office of the Texas Attorney General. The Authority also has additional revenue through voluntary assessments collected pursuant to Section 502.404 of the Texas Transportation Code.

In 2025, HB 43 was passed by the Texas Legislature (Regular Session) which modified the Farmer Interest Rate Reduction Program and significantly expanded the grant program, opening it up to all agriculture producers and agribusinesses and raising the maximum award to $500,000. The Legislature also appropriated $100 million for the 26-27 biennium to the Authority for these programs.

Legal Authority This solicitation is issued pursuant for professional services, as defined in Texas Government Code, Section, 2254.002 (A)(2)(i) & (B)(i).

Definitions The words and terms listed below have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this solicitation, including the terms and conditions attached to the solicitation, and any contract entered into by the parties as a result of this solicitation.

1) Addendum means a written clarification or revision to the solicitation issued by the TDA. Bidder must acknowledge receipt of any addenda in the submission of the Bid.

2) Amendment means the final written agreement signed and dated by TDA and Respondent(s) selected for an award as a result of this solicitation subsequent to the effective date of the Contract, which amends, changes, extends, modifies or revises the Contract.

3) Business Days-means Monday through Friday except for federal, state, and legal holidays observed by the State of Texas.

4) Centralized Master Bidders List (CMBL) is a public website comprised of businesses interested in contracting with the state and maintained by the Texas Comptroller. It can be used by Respondents to identify potential respondents and VetHUB.

5) Contract means the final written agreement signed and dated by TDA and the respondent(s) selected for an award as a result of this solicitation, and includes the solicitation and all attachments, the proposal(s) of any respondent(s) selected for an award, any appendices, final proposals, amendments to the solicitation, schedules, or special provisions incorporated into the contract. This term also includes a purchase order. Purchase order is a legal document between two parties to purchase and sell commodities and/or services.

6) Contractor means an entity or individual selected for an award as a result of this solicitation and that enters into a Contract to complete the scope of work described in this solicitation and the Contract.

7) Contract Manager means a person designated by TDA or Contractor that is responsible for invoicing and payment under the Contract, and for monitoring the overall progress of the scope of work required by the Contract. Either party may designate the same individual to be both the Contract Manager and the Project Manager.

8) Days means calendar days unless otherwise specified.

9) Effective Date means the date TDA's Deputy Commissioner or duly authorized designee signs and dates a Contract resulting from this solicitation.

10) Electronic State Business Daily (ESBD) means the public website for posting state contracting opportunities managed by the Texas Comptroller of Public Accounts (CPA)

11) Veteran Heroes United in Business (VetHUB) as defined by Chapter 2161 of the Texas Government Code.

12) Intellectual Property means worldwide legal rights or interests in intangible property evidenced by or embodied in: (1) any idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement that is capable of being patented; (2) any copyright or patent; (3) any work that is capable of being copyrighted, including moral rights or neighboring rights; (4) any trademark, service mark, certification mark, trade dress, trade name, or other indicia of source or origin; (5) any design, display, graphic design, letter or letter combination, logo, mark, number or number combination, phrase, word or word combination that indicates the origin, quality or source of goods or services and that is capable of being copyrighted; and (6) any rights, interests or property similar in kind or nature to the rights, interests or property created or resulting from this solicitation. The intellectual property of a party includes all worldwide intangible legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.

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

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

15) Proposal means a response submitted to TDA as a result of this solicitation.

16) Respondent means an entity or individual that submits a proposal or offer

17) Scope of Work or Statement of Work (SOW) means the deliverables, services and work set out and defined in the Contract and described in this solicitation.

18) Solicitation means this REQUEST FOR QUALIFICATIONS (RFQ ,

19) Successful Respondent means the respondent awarded a contract resulting from this solicitation.

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

Scope of Work/Specifications TDA is seeking proposal(s) from respondents to provide comprehensive services for a financial statement audit for the fiscal year ending August 31. TDA will oversee all performances as further described in this Statement of Work (SOW).

The audit will include sample reviews of all transactions recorded in the books and records of the Authority covering all accounts and resolutions for the active programs of the Authority for the period beginning September 1 and ending August 31.

Information compiled as part of performance of these services will be included in TDA’s portion of State of Texas Comprehensive Annual Financial Report (CAFR). The CAFR is a set of financial statements for a state, municipality or other governmental entity that complies with the accounting requirements established by GASB. Texas Government Code, Section 2101.011 requires all agencies to file annual financial reports (AFRs) no later than Nov. 1 of each year. If TDA submits any revisions after this deadline, due to an independent audit or otherwise, the revision may or may not be reflected in the state’s CAFR. When an independent auditor’s report is required by statute, it is due within thirty (30) days following the AFR deadline. TDA requires these services to be completed by October 25 in order for TDA to meet deadlines set forth by the Comptroller. Failure to meet this deadline is a material event that may be reported to the Comptroller’s Vendor Performance Tracking System (VPTS).

Goals and Objectives The goal of this solicitation is to obtain services from a contractor who will complete a financial statement audit of the Authority for the fiscal year ending August 31. The Audit must be performed by a Certified Public Accountant (CPA) as required by Texas Agriculture Code, section 58.016 . A Successful Respondent will provide the following:

1. Work with TDA designated Project Manager to schedule entrance conference, coordinate schedules with TDA/TAFA Staff for interviews and pulling sample materials, exit conference and any other pertinent meetings to present information to the TAFA Board;

2. Perform yearly financial audit to include:

1) Independent Auditor’s Report and

2) Written review of the Authority’s accounting system and financial procedures as well as an evaluation of its financial reporting internal controls to include all findings, if any, as well as recommendations for remediation and provide a comparison of prior year findings and provide an update on the status of the remediation of those actions;

3) Documents to be provided include:

· Financial Report,

· Communication with those charged with Governance, and

· Management Letter;

3. For risk assessment purposes, the SAO must have access to any draft audit reports and must be provided a copy of such report on request;

4. Provide required information for the CAFR; and

5. Invoices: Monthly, Contractor will submit invoice for payment. Invoice should detail all costs consistent with the Price Form, including, but not limited to:

1) Partner/employee Classification,

2) Hours billed per Partner/employee,

3) Rate per partner/employee,

4) other expenses, and total billing Deliverables

1) Acceptance Criteria

· Statement of financial position (assets, liabilities, and net assets)

· Statement of activities (revenue, support, and expenses) and changes in net assets

· Statement of functional expenses

· Statement of cash flows

· Statement of investments, temporarily restricted assets, fixed assets, and contributions receivable

· Notes to the financial statements

Mindy Fryer, Director

1. Financial Report

2. Communication with those charged with Governance

3. Management Letter Mindy Fryer, Director

TAFA Board of Directors reporting Requirements Successful Respondent shall maintain records, collect data, and provide reports as requested by TDA. Any reports requested will be submitted via e-mail to designated TDA staff. TDA may utilize these reports as part of its review and oversight of Successful Respondent’s performance.

Successful Respondent shall submit to TDA its reports that contain all the following information:

· Project status

· Status of deliverables

· Status of outstanding action items

· Estimated completion timeline PROJECT CALENDAR (Implementation) The proposed schedule will ensure the completion of deliverables by specified dates. Workflow and milestones such as training, deliverables, invoicing, and quality assurance activities should be included.

PROJECT PLAN – PRICE TO VALUE/BEST VALUE

While price is not the sole deciding factor, TDA expects the cost proposal to be based on the best value for the price proposed. This requires submission of a Project plan that aligns costs, resources, and activities for an overall determination of best value for the price.

A draft Project plan detailing how Respondent will provide or implement the requirements of this solicitation must be included within Respondent’s response.

The draft Project plan must detail how Respondent would address the following:

1) A description of the project organization;

2) A breakdown and detailed description of the different deliverables of the Project;

3) Expected dependencies that exist within the Project plan;

4) A schedule and work plan for the different deliverables of the project;

5) Any dependencies, caveats, or risks associated with the schedule; and

6) The methodology Respondent will employ to ensure the schedule for each deliverable is met.

INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Exhibit A, Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences, Paragraph 11 and 12.

Invoice Submission The Successful Respondent must submit invoices electronically to Texas Department of Agriculture, Accounts Payable, invoices@texasagriculture.gov , or mail to P.O. Box 12847, Austin, TX 78711-2847.

Invoices must include:

1. Name of Contractor: Exactly as shown on the contract.

2. Texas Identification Number (TIN): Required for identification.

3. Correct "Remit to" address: Must be accurate for properly delivery.

4. Insert receiving entity name/address; Texas Department of Agriculture (TDA)/address.

5. Contract/Purchase Order number: Essential for tracking and reference.

6. Description, quantity, and amount: Detailed information about the goods or services provided by unit of measure, unit price, extended price of each item.

7. Total price.

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

9. Attach supporting documentation, if required.

Payment:

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

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

A. Contractor is in breach of the Contract;

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

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

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

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

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

Performance and Service Level Expectations

7.1 TDA Responsibilities

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

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

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

1. Designate a Contract Manager responsible for working with the Contractor to resolve problems and maintain the agreed upon schedule.

1. Provide contact information for TDA staff with responsibilities under the contract.

1. Make available appropriate individuals with reasonable notice.

1. TDA shall provide the Contractor with access to all necessary and appropriate documents.

1. Act as liaison between the Authority and the firm;

1. Direct the activities of the firm on behalf of the Authority;

1. Review, approve and participate in activities detailed in Sections above;

1. Review and approve all final work product;

1. Review and approve all invoices;

1. Designate a Contract Manager to be the single point of contact for the Contractor;

1. Be available to assist Contractor in the examination and provide direction for conducting the examination;

1. Be timely in responding to Contractor requests for documentation and information;

1. Post and reconcile its annual financial data to USAS and the agency’s accounting system on a GAAP basis by Nov. 1;

1. Provide notice to SAO with advance notice of key meetings in a timely manner, such as entrance and exit conference, meeting regarding internal control assessments, and status meetings;

1. TDA or the Authority will notify SAO if an amendment to the contract significantly alters any contract terms, including, but not limited to, the scope of work to be performed and term of Contract;

1. Ensure that SAO promptly receives a copy of any report resulting from peer review of the private auditor that is received by the private auditor after entering into the contract with TDA or the Authority;

1. Provide a signed copy of the Contract or contract amendment to SAO within two weeks of execution;

1. TDA or the Authority will provide SAO with copies of all final audit reports and other deliverables provided under the Contract, including reports on internal controls and compliance, management letters, or reports to management – within two weeks of completion; and

1. Promptly notify SAO if any deliverable that is subject to a financial reporting deadline established by the Comptroller will not be completed by that deadline.

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

1. Manage the project consistent with the approved project plan.

1. Dedicate a project manager and contract manager, or assign both duties to a single staff member.

1. Respond to support requests and resolve escalated issues within agreed upon time frames.

1. Notify the TDA Project Manager of any requests for copies of records from third parties not party to the contract.

1. Perform work in accordance with professional standards and periodically take part in an external peer review conducted in accordance with Standards for the Professional Practice of Internal Auditing and generally accepted government auditing standards;

1. Work with TDA designated Project Manager to schedule entrance conference, coordinate schedules with TDA/TAFA Staff for interviews and pulling sample materials, exit conference and any other pertinent meetings to present information to the TAFA Board;

1. Perform yearly financial audit to include:

6. Independent Auditor’s Report;

6. Written review of the Authority’s accounting system and financial procedures as well as an evaluation of its financial reporting internal controls to include all findings, if any, as well as recommendations for remediation;

6. Provide a comparison of prior year findings and provide an update on the status of the remediation of those actions; and

6. Provide required documents, including:

3. Financial Report,

3. Communication with those charged with Governance, and

3. Management Letter.

1. For risk assessment purposes, the SAO must have access to any draft audit reports and must be provided a copy of such report on request;

1. Provide required information for the CAFR;

1. Submit monthly invoices for payment. Invoice should detail all costs consistent with the Price Form, including, but not limited to:

9. Partner/employee Classification,

9. Hours billed per Partner/employee,

9. Rate per partner/employee,

9. Other expenses.

information Security Requirements Contractor shall adhere to the Texas Department of Information Resources’ (DIR) Information Resources Security and Risk Management Policy, Standards and Guidelines as published in Texas Administrative Code, Title 1, Part 10, Chapter 202 and as authorized by the Information Resources Management Act, Chapter 2054, of the Texas Government Code. (See Exhibit K, Data Security Requirements)

Contractor shall adhere to the following policy standards:

Contractor shall ensure that security controls for Information Resources (including all data and reports associated with the background checks conducted under any Contract awarded under this solicitation, hereinafter "IR'') are not bypassed or disabled.

Contractor shall ensure that:

1) Security awareness is continually emphasized, reinforced, updated, and validated;

2) The user must keep any data used in an IR system confidential and secure;

3) Contractor must take appropriate steps to ensure the integrity and security of all programs and data files created by, or acquired for, computer applications that will be utilized to perform the services requested by this solicitation;

4) TDA reserves the right to immediately terminate the Contract and cease all payment for services if Contractor does not comply with these security guidelines; if Contractor's IR security does not comply with industry standards; or if TDA does not consider Contractor's IR to be adequately secure;

5) The sale or release of data, reports or lists generated as a result of the services contemplated by this solicitation, to any entity, organization, or person other than TDA is strictly prohibited;

6) Contractor shall carefully assess the risk of unauthorized alteration, unauthorized disclosure or loss of the data for which it is responsible. Contractor shall immediately disclose any alterations, losses or risks to TDA in writing;

7) Contractor must have backup and contingency plans for disaster recovery based on risk assessment and business requirements;

8) Contractor is responsible for all, but not necessarily limited to, the following: the maintenance, monitoring and procurement of all computers, electronic devices, computer or network systems, contracts, leases, licenses, consulting arrangements or other agreements necessary for Contractor to deliver the services required by this solicitation; and

9) Contractor shall adhere to all other guidelines, laws, policies, practice standards, procedures and regulations promulgated by DIR, TDA, or the state that affect the scope of work contemplated by this solicitation.

TDA is solely responsible for data security, once the reports contemplated by this solicitation have been delivered to TDA, and the underlying data has been completely and permanently removed from Contractor's computers, electronic devices, networks, and/or systems.

Project Change Management Any proposed changes to be made within the Contract, whether initiated by TDA or Contractor, must receive final written approval in the form of a Contract amendment and/or Purchase Order Change Notice (POCN).

Change in Scope All change orders are subject to mutual agreement and must be in writing. Change orders that change the scope of the Project will be documented through written amendment to the contract and signed by the parties. Change orders will be made as necessary within the budget. A material change in the scope may require a new solicitation to maintain a fair solicitation process.

Amendment The parties shall initiate changes to the Contract in a written instrument signed by an authorized Project or Contract Manager for each party. However, any proposed change to the contract amount or work to be performed, whether initiated by TDA or the Contractor, must receive final written approval in the form of a contract amendment or a Purchase Order Change Notice (POCN), which must be signed by an authorized representatives of TDA and Contractor who have authority to bind TDA and Contractor, respectively. The agreement to make the contract change must indicate the reason the change, amendment or POCN is necessary.

Quality Assurance TDA will approve all proposed work prior to Contractor carrying out the work, to ensure that it meets the needs of this Contract.

Project completion and contract closeout Requirements As part of Contract close-out, TDA’s Contract Manager must compare actual performance against performance measures, goals and objectives, to determine whether all required work has been completed. A contract is completed when:

1) all goods or services have been received and accepted;

2) all reports have been delivered and accepted;

3) all administrative actions have been accomplished;

4) all agency-furnished equipment and materials have been returned;

5) all property inventory and ownership issues are resolved including disposition of any equipment or licenses purchases under the Contract;

6) final acceptance from the project manager has been received;

7) A closeout meeting between TDA and Contractor is conducted prior to final payment and Contract closeout; and

8) final payment has been made to the contractor.

TDA’s Contract Manager must also ensure that vendor performance is reported to the Comptroller’s Vendor Performance Tracking System (VPTS) and that the contractor is aware of and is in compliance with records retention requirements.

contract term Initial Contract Term:

The Contract shall commence on the Effective Date and continue through 6/30/2027, unless sooner terminated under the terms of the contract. Any work done outside of the period of performance shall be provided at no cost to TDA.

Renewal Option:

The Contract may be renewed for up to three (3) additional one (1) year periods. TDA will notify Contractor of its intent to renew and will send a contract amendment to Contractor. If renewal options are exercised, TDA will provide the new timeline and delivery schedule to Contractor. The total duration of performance under an option renew term shall not exceed the three (3) one-year renewals to be exercised by TDA at its sole discretion. Each option to renew term shall run concurrently with the state fiscal year as follows:

Option Year 1 7/1/2027, through 6/30/2028 Option Year 2 7/1/2028, through 6/30/2029 Option Year 3 7/1/2029, through 6/30/2030 TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

Termination:

The Contract shall terminate upon full performance of all requirements contained in the Contract, unless otherwise extended or renewed, in accordance with the Contract terms and conditions.

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

SECTION II – ADMINISTRATIVE INFORMATION

1. SCHEDULE OF EVENTS

TDA intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TDA reserves the right to change the dates in the schedule of events above upon written notification to prospective respondents through a posting on the posted on the Electronic State Business Daily (ESBD)

Solicitation Publication on posted on the Electronic State Business Daily (ESBD) the Electronic State Business Daily (ESBD) at:http://www.txsmartbuy.com/esbd 2/20/2026

Addendum Posted on the Electronic State Business Daily (ESBD)

3/6/2026 (estimated)

Ending Date of Contract:

6/30/2027

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

Alfredo Aguirre E-mail: Alfredo.Aguirre@TexasAgriculture.gov Texas Department of Agriculture 1700 N. Congress, 11th Floor Austin, TX 78701 All Respondents shall make no contact concerning this solicitation with other TDA personnel, except as permitted by the point of contact. The only exceptions to the Sole Point of Contact are the VetHUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated Agency representative, e.g., during contract negotiations, if any. Should Respondents have questions regarding proper completion of the VetHUB Subcontracting Plan, the VetHUB coordinator may be contacted at bidroom@texasagriculture.gov. Failure to comply with this requirement at any point prior to contract award may result in disqualification. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

Questions and Clarifications:

TDA will allow written questions and requests for clarification of this solicitation. Questions must be e-mailed to the Contact listed above. Questions must be submitted on Exhibit E, Respondent Solicitation Questions Form of this solicitation. Responses to questions or other written requests for clarification will be posted on the ESBD. It is the responsibility of an interested party to check the ESBD for updates to this solicitation. before submitting a Proposal. Each Respondent is solely responsible for verifying TDA’s receipt of its questions, if applicable, and its Proposal by the deadlines specified in this solicitation.

Note: Questions or other written requests for clarification must be received by the sole point of contact by the deadline set forth in Section II of this solicitation.

CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

In order to ensure that no prospective respondent may obtain a competitive advantage because of acquisition of information unknown to other prospective respondents, TDA will provide any additional information that is different from or in addition to, information provided in the solicitation only in response to written inquiries. TDA will provide answers to all such inquiries via an Addendum on the Electronic State Business Daily (ESBD) at . Respondent names will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If Respondents do not have Internet access, copies may be obtained through the point of contact listed above.

Note: It is the responsibility of interested parties to periodically check the method above for updates to the procurement prior to submitting a response. Respondent’s failure to periodically check the method above will in no way release the selected Respondent from “Addenda or additional information” resulting in additional costs to meet the solicitation requirements.

Informalities TDA reserves the right to waive minor informalities in a solicitation response if it is in the best interest of TDA. A "minor informality" is an omission or error that, in TDA’s determination if waived or modified when evaluating solicitation responses, would not give one Respondent an unfair advantage over other Respondents or result in a material change in the solicitation response or solicitation requirements.

Prohibited Communications Upon issuance of this solicitation, TDA, its representative(s), or partners will not answer questions or otherwise discuss the contents of this solicitation with any potential Respondent or its representative(s), except for the written inquiries described in Section II, Subsection 2. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TDA’s Purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

SUBCONTRACTING AND VETHUB SUBCONTRACTING PLAN

Refer to Exhibit A – Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences Paragraph 78 – Subcontractors.

1) Respondent must complete, sign and submit Exhibit B, VetHUB Subcontracting Plan, with its response submission and in accordance with the following instructions. ALL RESPONDENTS RESPONDING TO THIS SOLICITATION, INCLUDING THOSE THAT ARE VETHUB CERTIFIED OR THOSE WHO DO NOT PLAN TO SUBCONTRACT, MUST COMPLETE A VETHUB SUBCONTRACTING PLAN (HSP) IN ACCORDANCE WITH THE STATE’S POLICY ON UTILIZATION OF VETHUBs. FAILURE TO COMPLETE AND SUBMIT THE VETHUB SUBCONTRACTING PLAN (HSP) WITH THE RFP RESPONSE WILL RESULT IN DISQUALIFICATION OF THE RESPONSE FROM CONSIDERATION.

2) In accordance with Texas Government Code, §2161.252 and Texas Administrative Code, Title 34, §20.14, TDA has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on VetHUB availability, VetHUB utilization, geographic location of the project, the contractual scope of work, or other factors. TDA estimates the value of this contract to be greater than $100,000.

TDA is committed to increasing contracting opportunities with VetHUBs by contracting directly with VetHUBs or indirectly through subcontracting opportunities in compliance with Chapter 2161 of the Texas Government Code. After Contract award, Successful Respondent may be subject to debarment pursuant to Section 2161.253(d) of the Texas Government Code if any modifications are made to the HSP without PRIOR approval from TDA.

The HSP is available as part of this solicitation package on the ESBD website. Respondents may send an HSP review request to bidroom@texasagriculture.gov. TDA will provide a courtesy HSP review if the request is received no later than the date questions are due, as specified in Section II.

If Respondent is not subcontracting any portion of the Contract, Sections 1, 2(a), 3 and 4 of the HSP must be completed. If Respondent is subcontracting some portion of the Contract, the supporting documentation of “Good Faith Effort” must be demonstrated in either Method A (Attachment A) or Method B (Attachment B) of the HSP. The Texas Comptroller of Public Accounts requests all Respondents to consider utilizing VetHUBs in subcontracting areas listed below; however, this list should not be considered exhaustive.

3) DIR Contracts (only): Any subcontractors must be listed on the Respondent’s approved DIR HSP for their contract. DIR will work with Respondent in the event a new subcontractor needs to be added.

4) VetHUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Reports (PAR’s). Per TAC §20.285 (6)(g) The contractor shall submit a Progress Assessment Report to the state agency with each invoice, in the format required by the comptroller. A state agency may, at its option, allow electronic submissions of the compliance report required by this subsection so long as the electronically submitted compliance reports are in the format and contain all information required by the Comptroller. The Progress Assessment Report shall be a condition for payment. TDA may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

Pre-proposal Vendor Conference Attendance is strongly encouraged, but not required. Failure to attend in person, participate in the conference call, or participate in the webinar will not disqualify a Respondent.

Attendance Log For conference calls and webinars, participants will be added to the attendance log with the following information ready and properly announced or submitted:

1) Legal business entity name or name of individual which will be used if submitting a response to this solicitation or subcontractor acting on behalf of the legal business entity;

2) Name and title of each representative on the call; and

3) E-mail address for the sole point of contact.

Webinar Vendor Conferences TDA will conduct a webinar vendor conference on the date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda. The conference will provide a review of the requirements, scope of work, terms and conditions, and all components of this solicitation. Respondents must pre-register for the vendor conference prior to the scheduled date and time identified in the Procurement Schedule (Section II), or on the date and time established in subsequent Addenda.

The conference will be held via TEAMS. Vendors must register for the vendor conference prior to the conference date. Please use the following link for conference registration:

· 2/26/2026

· Microsoft Virtual Events Powered by Teams

Questions or Requests for Clarification The vendor conference allows participants to ask TDA questions or request clarifications. Questions are required to be submitted, either prior to or immediately after the conference, in writing, by e-mail, to the Sole Point of Contact, Section II. The questions and requests for clarifications must be submitted on Exhibit E of this solicitation.

1) Answers During the Conference A. During the conference, TDA may provide responses to questions or requests for clarification; however, these answers will not be considered official;

B. After the conference, the official responses to questions and requests for clarifications received during the conference and those received by the deadline identified in the Procurement Schedule or deadlines established in subsequent Addenda, will be posted in an Addendum on the ESBD; and C. TDA reserves the right to amend the answers previously posted at any time prior to the Response Deadline or deadlines established in subsequent Addenda. Amended answers will be posted on the ESBD in a separate, new Addendum or Addenda.

SOLICITATION RESPONSE COMPOSITION AND DELIVERY

Response Submission Proposals must be submitted in a manner which does not carry any benefit, keepsake, or value for members of the evaluation committee. Responses submitted by mail, facsimile, or any other method not specified in this solicitation, will NOT be accepted, or considered. Responses must be received prior to the response due date listed on the cover page of this solicitation.

SUBMISSION METHOD: E-Mail Submission Respondent is solely responsible for ensuring that the electronic response is complete and submitted to and RECEIVED by TDA before the Response Deadline identified in the Procurement Schedule or deadline established in subsequent Addenda. TDA is not responsible for lost, misdirected or late responses. Late responses will be disqualified.

The solicitation response, including all documentation required by this solicitation and Appendix, must be sent in its entirety in one or more e-mails as warranted by the size of each attachment.

Responses sent by e-mail must be sent to: bidroom@texasagriculture.gov

1) E-mail Subject Line The e-mail subject line must contain the solicitation number, title as indicated on the cover page and number quantity of e-mails if more than one (e.g., 1 of #, etc.).

2) Body of E-mail The body of each e-mail must include the following information:

A. Respondent’s name B. Contact Name for Respondent C. Phone number for Respondent’s Contact D. Solicitation number from cover page E. Purchaser Name (Sole Point of Contact, Section II, Paragraph 2.1).

TDA takes no responsibility for e-mailed solicitation responses that are captured, blocked, filtered, quarantined, or otherwise prevented…