ESBD_532916_1782851407320_IFB HHS0016771v2_Mosquito Control_ Aerial Spraying.pdf

PCS 137 - SERVICES

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Stephanie Muth, Executive Commissioner

Invitation for Bids (IFB) for

Mosquito Control Aerial Spray - Public Health Emergency

IFB No. HHS0016771v2

NIGP Class/Item No(s): 988-72 Pest Control, other than Building, Including

Spraying Trees and Shrubs

Procurement Schedule - All Times are Central Time Reference Section 2 for further information

IFB Date Posted to ESBD 06/30/2026

Questions or Clarifications Submission Deadline 07/02/2026, 10:30 AM

Responses to Questions or Clarifications - Addendum posted on the ESBD

07/06/2026

Response Deadline: Responses to this IFB must be received 07/24/2026, 10:30 AM

Anticipated Contract Start Date 9/01/2026

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Table of Contents 1 Introduction and Purpose of IFB

1.1 Authority

1.2 Historical Monetary Value

1.3 No Guarantee of Volume, Usage, or Compensation

1.4 Negotiation, Exceptions, or Assumptions

1.5 IFB Components

2 Procurement Schedule

3 Withdrawal or Amendment of Response

4 HHSC Overview

5 Definitions

6 General IFB Information

6.1 Sole Point of Contact and Communications

6.2 Exception to the Sole Point of Contact

6.3 Binding Offer Period

6.4 Costs Incurred

6.5 Changes, Modifications, and Cancellation

6.6 Ambiguity, Conflict, Discrepancy

6.7 IFB Questions or Clarifications

6.8 Notification of Addenda or Cancellation

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

8 HUB Subcontracting Plan (HSP) Requirements

8.1 HUB Subcontracting Plan (HSP)

9 Pricing Information

9.1 Pricing Structure

9.2 Price Adjustments

10 Changes to The Contract

11 Contract Term

11.1 Term of Contract

11.2 Initial Contract Term:

11.3 Renewal Option(s)

11.4 Extension Option

12 Contract Administration/ Purchase Order Administration

12.1 Contract Manager/Program Lead

12.2 Performed Services Monitoring

12.3 Performance Reporting

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12.4 Contractor Response to Notification of Non-Material Deficiency

12.5 Corrective Action Plan (The Plan)

12.6 Performance Issues

12.7 Public Information Act – Bidder Requirements Regarding Disclosure

12.8 Bidder Waiver – Intellectual Property

13 Invoicing and Payment

13.1 Bill-to Address

13.2 Invoice Information

13.3 Payment

13.4 Invoice Submission

13.5 Disputed Invoice(s)

14 Insurance Requirements

14.1 Specific Insurance Requirements

14.2 Alternative Insurability

15 Screening of Responses

15.1 Administrative Screening

15.2 Irregularities

16 Evaluation

16.1 Evaluation of Responses

16.2 Conformance with State Law for Evaluation

16.3 Specific Evaluation Criteria

17 Award

18 Standards of Conduct for Vendors

19 Disclosure of Interested Parties

20 Protest Procedures

Appendix A – Submission Instructions and Response Checklist

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1 Introduction and Purpose of IFB

The Texas Health and Human Services Commission (HHSC) is an agency within the Texas Health and Human Services (HHS) system. The Procurement and Contracting Services (PCS) division of HHSC administers IFBs for HHS.

HHSC PCS is seeking competitive bids to establish contract(s) to provide Mosquito Control Aerial Spray and Fumigation in the event of a Public Health Emergency.

Both HHS Agencies, HHSC and DSHS, will be entitled to use any contract awarded as a result of this IFB.

To be considered for award, Bidders must submit a comprehensive Response which includes all required information and documentation as outlined in this IFB to ensure the Bidder meets all requirements, possesses the required experience and qualifications, and has the capacity to provide the services described in this IFB. See Appendix A, Submission Instructions and Response Checklist.

1.1 Authority

HHSC or DSHS is soliciting the services stated in this IFB under Texas Government Code 2155.144.

1.2 Historical Monetary Value

Historical spend for the same or similar services is $2,250,000.00 for the period September 1, 2021 – August 31, 2026.

1.3 No Guarantee of Volume, Usage, or Compensation

HHS Agency does not guarantee any volume, usage, or compensation to be paid to any Contractor under any Contract resulting from this IFB. Additionally, all HHS Agency contracts are subject to appropriations, the availability of funds, and termination.

The estimated historical spend included in Section 1.2 is provided only as a guideline for preparing the pricing response and should not be construed as representing anticipated or actual quantities that will be required.

1.4 Negotiation, Exceptions, or Assumptions

Negotiations are prohibited under the IFB procurement method under most circumstances, and even then, the scope of permissible negotiations is limited and may not result in a material change to the scope of work or specifications as advertised in this IFB.

Bidders should NOT submit exceptions to this IFB which could result in disqualification of a Response. No changes to a Response can be made after the submission deadline.

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No assumptions should be included in a Response. The inclusion of assumptions could result in disqualification of a Response. Instead, a Bidder should advance assumptions and seek clarification of a section of this IFB, any Exhibits or attachments, in the form and manner required in Section 6.7 IFB Questions or Clarifications.

1.5 IFB Components

This IFB includes the following items:

• PCS 137 IFB (this document)

• Exhibit A – HHS Solicitation Affirmations

• Exhibit B – PCS 111-Contract Affirmations and HHS Uniform Terms and Conditions

(UTCs)

• Exhibit C – Pricing Sheet

• Exhibit D – Bidder Reference and Contractor Qualifications Form

• Exhibit E – HHS Online Bid Room Information

• Exhibit F- PCS Map

• Exhibit G – Form 4109 Application for Texas Identification Number

2 Procurement Schedule

The Procurement Schedule dates on the cover page of this IFB are subject to change. HHSC reserves the right to modify these dates at any time by issuing an addendum. Any events listed in the Procurement Schedule after the Response Deadline will occur at the discretion of HHSC.

Responses must be received by HHSC prior to the Response Deadline as indicated in the Procurement Schedule. Every Bidder is solely responsible for ensuring its Response is received by HHSC before the Response Deadline in accordance with all requirements regarding submission. HHSC is not responsible for lost, misdirected or late Responses.

By submitting a Response, the Bidder represents and warrants that the individual submitting the Response, inclusive of the documents made part of the Response, is authorized to sign on behalf of the Bidder, and to bind the Bidder under any Contract that may result from this IFB.

3 Withdrawal or Amendment of Response

Bidders may withdraw or amend their Responses at any time prior to the Response Deadline by e-mailing the point of contact listed in Section 6.1 (Sole Point of Contact and Communications).

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The e-mail subject line for withdrawal or response amendment should contain the IFB number as indicated on the cover page of this IFB. The Bidder is solely responsible for ensuring the email is received by HHSC before the Response Deadline. HHSC is not responsible for lost or misdirected e-mails.

4 HHSC Overview

The Health and Human Services Commission (HHSC) was created in 1991 to oversee and coordinate the planning and delivery of health and human services in Texas. It is established pursuant to Chapter 523, Texas Government Code and is responsible for oversight of Texas Health and Human Services agencies.

PCS administers the procurement process, which includes IFB announcement and publication, Bidder communications, receipt of Responses, screening of timely received responses, and facilitating the evaluation of qualified Responses. PCS, in coordination with each HHS program, manages the execution of the award, through issuance of Purchase Order(s) or other Contract document, resulting from this IFB.

5 Definitions

Unless the context clearly indicates otherwise, throughout this IFB, the definition given to a term below applies whenever the term appears in this IFB, in any Response (Bid) submitted in response to this IFB, and in any Contract awarded as a result of this IFB. All other terms have their ordinary and common meaning.

a) Addendum – A written clarification or revision to this IFB issued by HHSC.

b) Bidder – The entity or individual that submits a response to this IFB. Includes anyone acting on behalf of the entity or individual that submits a response, such as an agent, employee, or representative. See also Respondent below.

c) Contract –The signed Purchase Order or Signature Document, the Uniform Terms and Conditions, Affirmations, along with any Attachments, Exhibits and any Amendments, purchase orders, or Work Orders that may be issued by HHSC, to be incorporated by reference for all purposes as a result of this IFB.

d) Contractor - Each Bidder, business entity or individual, if any, awarded a Purchase Order or other Contract to provide the services or goods as a result of this IFB.

e) Contract Term – The period of time during which the Purchase Order or Contract is in effect from the start date through the end date and may include renewal or extension periods.

f) Debarment – An exclusion from contracting or subcontracting with state agencies on the basis of cause pursuant to Title 34, Part 1, Chapter 20, Subchapter G of the Texas Administrative Code, and the Federal System for Award Management (SAM).

https://statutes.capitol.texas.gov/?tab=1&code=GV&chapter=GV.523&artSec=

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g) Deliverables – The services or goods specified in this IFB and any resulting Contract that the Contractor shall perform or deliver to the HHS Agency.

h) Electronic State Business Daily (ESBD) - The electronic online directory, administered by the Comptroller of Public Accounts, Statewide Procurement Division (SPD), for publishing procurement opportunities which exceed $25,000 in total estimated value and for providing public notice of contract awards. The ESBD may be accessed through the CPA web site at: https://www.txsmartbuy.gov/esbd.

Note: The Texas Comptroller of Public Accounts (CPA) recommends utilizing Google Chrome when navigating CPA websites.

i) Exhibit – A document, included as an attachment to this IFB, which provides terms and conditions, additional requirements and information related to this IFB.

j) HHS Agency - HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services (DSHS), separately or combined. May also be referred to as System Agency.

k) IFB - This document, including all exhibits, attachments, appendices, or Addenda (if applicable). May also be referred to as Invitation for Bids.

l) NIGP (The National Institute of Governmental Purchasing (NIGP) Commodity Book) – The Class-Item numbering and descriptions used by state agencies to properly code services or products for a procurement.

m) Purchase Order – A legally enforceable agreement issued by HHSC indicating types, quantities, and agreed pricing for services and goods the Contractor will provide under any Contract resulting from this IFB.

n) Response – All information and materials submitted by a Bidder in response to this IFB.

May also be referred to as Bid or Bid Response.

o) Respondent – A term interchangeable with Bidder.

p) Scope of Work – The description of requirements, services, specifications for goods which may be required, and deliverables as provided in this IFB and any resulting Contract which the Contractor is required to provide.

q) Subcontractor - Any entity or individual that enters into a contract with the Contractor to perform part or all of the obligations of the Contractor under the Contract.

r) Texas Identification Number (TIN) – The 11-digit identification number set up through the Texas Comptroller of Public Accounts which is required for any entity or individual to receive payment under a Contract with the State of Texas. Also known as Texas Payee ID Number. Further information regarding this number may be accessed via the CPA Fiscal Management TexPayment Resource web page at:

http://www.txsmartbuy.com/sp https://www.txsmartbuy.gov/esbd

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s) Unit of Measure – The set unit of measure (UOM), included on the Pricing Sheet, used for payment of the services under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

t) Unit Rate – The set rate per the unit of measure (UOM) used for payment of the services, included on the Price Sheet, under the Contract or Purchase Order. May be hourly, daily, weekly, monthly, etc.

u) Vendor – A business entity or individual that supplies services or goods and may be a potential Bidder to this IFB.

6 General IFB Information

6.1 Sole Point of Contact and Communications

The HHSC PCS Sole Point of Contact for inquiries concerning this IFB is:

Vivian Harrison, CTCD, CTCM

Procurement and Contracting Services Building 1100 W 49th St. MC: 2020 Austin, TX 78756

512-406-2460

Vivian.harrison@hhs.texas.gov

Bidders shall NOT use the e-mail address above for submission of a Response to this IFB. See Appendix A for submission requirements.

Bidders shall direct all communications, including questions or clarifications relating to this IFB, by e-mail to the HHSC PCS Sole Point of Contact named in Section 6.1 (Sole Point of Contact and Communications); communications by phone will not be accepted except for purposes such as instructing a potential Respondent through an IT system or website referenced in this Solicitation.

All other communications between a Bidder and HHS agency staff concerning this IFB are prohibited. In no instance is a Bidder to discuss cost information regarding this IFB with the HHSC PCS Sole Point of Contact or any other HHS staff. Failure to comply with these requirements may result in disqualification of the Response.

The Sole Point of Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. See also Section 6.2 (Exception to Sole Point of Contact) below.

https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq https://fmx.cpa.texas.gov/fm/pubs/payment/gen_prov/index.php?s=payee_numreq&p=payee_numreq mailto:Vivian.harrison@hhs.texas.gov

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This restriction (as to only communicating in writing with the HHSC Sole Point of Contact identified above) does not preclude discussions between Bidder and agency personnel for the purposes of conducting business unrelated to this IFB.

6.2 Exception to the Sole Point of Contact

The only exceptions to the Sole Point of Contact are the HUB Coordinator, or, if expressly directed by the Sole Point of Contact, another designated System Agency representative.

6.3 Binding Offer Period

By submitting a Response to this IFB, Bidder agrees that its Response will remain a firm and binding offer for 240 days, as stated in the HHS Solicitation Affirmations (Exhibit A).

Bidder may extend the time for which its Response will be firm and binding and include the extended period in the Response.

6.4 Costs Incurred

Bidder understands that issuance of this IFB or retention of responses in no way constitutes a commitment by HHSC to award a Contract. HHSC accepts no obligations for costs incurred in preparing and submitting a response, including, but not limited to, preparing for or participating in a vendor conference or site visit.

Responses shall be submitted at the sole expense of the Bidder. All responses shall be prepared simply and economically, providing a straightforward, concise delineation of the Bidder’s capabilities to satisfy the requirements of this IFB.

6.5 Changes, Modifications, and Cancellation

HHSC reserves the right to change, amend, or modify this IFB prior to the Response Deadline indicated in the Procurement Schedule (cover page of this IFB). Changes, amendments, and modifications will be processed through one or more Addendum. The notification for any Addendum will be processed in accordance with Section 6.8.

HHSC reserves the right to cancel this IFB at any time. The notice of cancellation will be in accordance with Section 6.8.

6.6 Ambiguity, Conflict, Discrepancy

Bidders must notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error in the IFB in the manner and by the deadline for submitting questions.

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If Bidder fails to properly and timely notify the Sole Point of Contact, Section 6.1, of any ambiguity, conflict, discrepancy, exclusionary specification, omission or other error in the IFB, the Bidder, whether awarded a contract or not:

a) shall have waived any claim of error or ambiguity in the IFB and any resulting contract,

b) shall not contest the interpretation by HHSC of such provision(s), and

c) shall not be entitled to additional compensation, relief, or time by reason of ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction.

6.7 IFB Questions or Clarifications

HHSC will allow questions and requests for clarification regarding this IFB if submitted by e-mail to the Sole Point of Contact, Section 6.1, by the deadline established in the Procurement Schedule (cover page of this IFB) or deadlines established in subsequent Addenda. Responses to questions or other written requests for clarification will not be provided individually to requestors but will be consolidated in one or more Addenda.

HHSC reserves the right to amend the answers to questions or clarifications prior to the Response Deadline (cover page of this IFB) through a new Addendum. The notification will be processed in accordance with Section 6.8 (Notification of Addenda or Cancellation).

6.7.1 Submission of Questions or Clarifications

All questions and requests for clarification must be submitted by e-mail and include the following information:

a) IFB Number and Title of IFB (cover page of this IFB) must be included in the e-mail subject line and in the e-mail body;

b) Section or Paragraph number from this IFB;

c) Page Number of this IFB;

d) Exhibit name, Section or Paragraph, page number from the Exhibit;

e) Language, Topic, Section Heading being questioned or requested for clarification;

f) Requestor Contact Information must be included in the body of the e-mail.

Questions or requests for clarification received after the deadline set in the Procurement Schedule (cover page of this IFB), or deadlines established in subsequent Addenda, may be reviewed by HHSC but will not be answered.

6.8 Notification of Addenda or Cancellation

6.8.1 Addenda Notification

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All addenda will be posted to the ESBD. It is the responsibility of each potential Bidder to monitor the ESBD for any Addenda affecting this IFB. Failure to check the ESBD will in no way release any potential Bidder or awarded Contractor from the requirements of posted Addenda.

No HHS Agency will be responsible or liable in any regard for the failure of any Bidder or awarded Contractor to stay informed of all postings to the ESBD. If the Bidder fails to monitor the ESBD for any changes or modifications to this IFB, such failure will not relieve the Bidder or Contractor of its obligation to fulfill the requirements as posted.

Bidder must acknowledge receipt of any addenda by signing and returning SOLICITATION ADDENDUM ACKNOWLEDGEMENT FORM posted to the ESBD with your solicitation response in accordance with the submission options outlined in the solicitation.

6.8.2 Cancellation Notification

HHSC reserves the right to cancel this IFB at any time. Notice of the cancellation will be posted on the ESBD. Bidders are responsible for monitoring the ESBD frequently for notices regarding this IFB.

7 Scope of Work (SOW)

7.1 Scope of Services to be Performed

The required services to be provided are reducing the population of mosquitoes via mosquito surveillance, providing technical assistance and providing mosquito control interventions through appropriate aerial and/or ground-based application of insecticides such as adulticides and larvicides, anywhere within the State of Texas. The Contractor must be able to employ the equipment, supplies, staff, and methodologies appropriate to the task. The Contractor must abide by all current State and federal safety and regulatory requirements for each mission.

HHS Agency and awarded Contractor will conduct an initial kickoff meeting then an annual meeting, or if needed biannual meetings, will be scheduled for every year of the Contract Term.

The annual meeting will occur prior to hurricane season between the awarded Contractor and DSHS to review any major changes from the year prior, the processes on deployment of resources, reimbursement procedures and any other potential issues affecting either party.

Some or all of the following services shall be performed by the Contractor in the event of a Public Health Emergency, State or Federal Disaster Declaration and only after awarded Contractor has been notified of activation by the HHS Agency.

A. Aerial Spraying Services and Aerial Treatment Sites: The Contractor must work closely with the HHS Agency and require input and assistance to determine and finalize the application area(s). The application area(s) will be developed and provided by the HHS Agency to the Contractor in the following format options (listed in order of decreasing preference)

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1) Polygon SHP files (Shapefile Format) with metadata (ArcView) or MIF files (Mapinfo Interchange Format) or mutually agreed upon alternate file format (such as Microsoft MapPoint).

2) Individual spray block corner coordinates (Lat/Lon, WGS84) within electronic files (DBF, XLS, CSV, or TXT).

3) Color image file of map with electronic mark-up of treatment areas, exclusion areas, and known hazards.

4) In the event that electronic media formats are not available (paper maps are not to be considered an alternate option but only as a last resort). Useful paper maps indicating treatment areas, exclusion zones, and hazards. Paper maps should be clear, 8.5 by 11 inches or no larger than 36 by 36 inches, and suitable for rapid processing.

B. Beekeeping Operators: Upon award, spray zones will be provided to the Contractor. The Contractor will be responsible to identify and maintain a listing of beekeeping operators in projected spray areas and provide notification to the beekeepers of the intended spraying schedule. The Texas Beekeepers Association (TBA) can be contacted for reaching out to private beekeepers and the TBA website can be accessed at:

https://texasbeekeepers.org/ .

Documentation confirming that beekeepers have been notified of spray schedules ahead of spraying activities must be provided to DSHS, upon request.

C. Response Time:

1) The HHS Agency may notify the Contractor of the need to activate services as soon as there is an indication of a potential disaster requiring their services.

2) The HHS Agency will provide written notification of activation through a State Mission Assignment (SMA) to include times, locations, requested support and an initial not-to-exceed cost.

3) The HHS Agency may require the Contractor to participate in person at a designated location, which will be provided upon activation of this contingency contract (e.g., State Medical Operations Center, Regional Health and Medical Operations Center or other locations).

4) The Contractor guarantees to have response team and ground support en route within 24 hours of notification.

5) The Contractor agrees to have operations in position and active within 48 hours of time of notification.

D. Ground Application Services: Application, by hand-held or vehicle-mounted spray equipment, of all approved pesticides and other agents shall be in compliance with label instructions. The scope of work involves reducing the population of mosquitoes via mosquito control interventions through ground-based application of adulticides and larvicides labelled for control of mosquitoes.

https://texasbeekeepers.org/

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1) The Contractor must abide by all current safety and regulatory requirements -including state and federal - as necessary for each mission.

2) Intervention may involve the application of products by handheld and portable small-motor equipment in neighborhoods for control of adult and larval mosquitoes.

3) Intervention may involve the application of products using vehicle-mounted ultra-low volume (ULV) or thermal fogging for control of adult and larval mosquitoes.

4) Contractor must conduct insecticide application activities within identified and/or defined priority risk areas as directed by the HHS Agency.

E. Ground Treatment Sites: Contractor shall provide color image files of maps with electronic mark-up of treatment areas, exclusion areas, and known hazards.

1) If electronic media formats are not available (paper maps are not to be considered an alternate option but only as a last resort option), useful paper maps indicating treatment areas, exclusion zones, and hazards must be available.

Paper maps should be clear, at least 8.5 inches by 11 inches and no larger than 36 inches by 36 inches, and suitable for rapid processing.

F. Mosquito Control for Residential, Household, Institutional and Non-Residential Properties.

1) Application of all approved pesticides and other agents shall be in compliance with label instructions after activation by the HHS Agency.

2) For jurisdictions with documented presence or transmission of a virus, the Contractor will conduct the vector control activity to prevent or mitigate transmission of the virus in the population by reducing the mosquito population with the appropriate and most effective (Environmental Protection Agency (EPA)-licensed insecticides approved by the HHS Agency and registered by the Texas Department of Agriculture (TDA) for use in Texas.

3) The Contractor must implement specific vector control interventions in and around homes or other specified locations, including targeted residual spraying, household mosquito control and harborage spraying with TDA-registered and EPA-licensed products (i.e., container elimination, and larviciding).

4) Residual spraying of houses: Targeted indoor and outdoor residual spray of a household area where vector species rest.

5) Household mosquito control: Assessment with appropriate intervention may include the following: Container elimination (within range of target vector);

container larviciding (within an acre); and harborage (vegetation) sprays for adult mosquitoes (within an acre).

G. Institutional and Non-Residential Properties: The Contractor must implement vector control measures through.

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1) Ground larviciding and/or adulticiding via handheld and/or vehicle mounted mechanisms appropriate to target species during specified hours.

2) Applications of larvicides and/or adulticides, at the direction of the HHS Agency.

3) Subsequent applications will be conducted following consultation with and approval by the HHS Agency.

4) Institutional mosquito control: Indoor and outdoor spraying or fogging of private and public schools and hospitals; container elimination; container larviciding;

and harborage (vegetation) sprays for adult mosquitoes.

5) Non-residential mosquito control: Inspection and appropriate treatment of parks, cemeteries, vacant lots, junkyards and other non-residential spaces that may harbor mosquitoes (private and public); container elimination; larviciding and harborage sprays (vegetation).

H. Surveillance: Surveillance is necessary for mosquito population monitoring to determine efficacy of interventions. Activities are to include, but are not limited to, trapping adult mosquitos in order to understand mosquito species diversity and abundance. Trapping can also be utilized to confirm the presence of a specific mosquito species.

I. Resistance Testing: Resistance testing may be conducted on local mosquito populations of vector species of concern in order to determine resistance status to inform decisions on product selection.

J. Operational Mapping: Development of surveillance, larval and adult control maps for the implementation of community program services.

K. Surveillance will begin no later than 48 hours after Contract activation (engagement for treatment site services) and will continue throughout the Contract activation period.

Contract activation occurs when HHS Agency requests the Contractor to be prepared to support a specific event and/or when asked to perform work related to a specific emergency event. Resistance testing takes time and trained personnel. It may or may not be conducted during the Contract activation period. If a chemical is identified as ineffective, resistance testing may be conducted by properly trained personnel. If resistance is detected, Contractor may be asked to change chemical formulations.

Operational mapping will be conducted on an as-needed basis. Contractor will be notified by the HHS Agency when these services are required after Contract activation.

L. New Treatment Methods

1) Contractor must be able to provide, through the life of the Contract, any licensed mitigation method that is developed to address a mosquito-borne infectious disease.

2) To be considered for amendment, and notwithstanding the foregoing, the new treatment must be substantially related to the defined Contract scope of services and cannot be outside of the contract scope of services.

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M. If services or personnel do not meet the HHS Agency’s standards or satisfaction, the HHS Agency reserves the right to name other personnel or service providers as desired. The HHS Agency requested service providers’ invoices shall be submitted to the awarded Contractor for payment.

N. The Contractor may not disclose any information or knowledge obtained through an activation of the Contract that may be related to a confirmed or suspected case.

Disclosure of this information would be considered breach of contract.

O. This Contract may not be assigned. The Contractor may hire additional staff or rent equipment as needed beyond the basic packages or subcontract services. All subcontracting will be the financial and professional responsibility of the Contractor.

The HHS Agency is only obligated to pay the Contractor. The Contractor is responsible for paying all subcontractors.

P. Public Relations: The Contractor must provide evidence of compliance for obtaining the services of a professional public relations firm, experienced in the handling of emergency response and arbovirus outbreak situations.

Q. The HHS Agency will have access to the resources of the public relations firm, including the preparation of public information announcements, news releases, service and pesticide product fact sheets, call center operations assistance and training, citizen question-and-answer responses, and assistance with news media interviews (television, radio, and press).

R. The Contractor must develop public notification messages and, with the approval of the HHS Agency, distribute to media outlets as identified by the HHS Agency to provide the public advance notification of intended spraying activities.

S. The Contractor agrees that any news releases produced by the public relations firm on behalf of the Contractor related to this contract will not be made or issued to the media without the approval of the HHS Agency.

T. Requirements and Certifications for Aerial Pesticide Spraying

1) Contractor must have two pilots.

2) Pilots must be certificated in accordance with applicable Federal Aviation Regulations (FAR 137)(14 CFR Part 137) and capable of completing scheduled flight activities.

3) Certifications for each pilot must include the following:

i. Pilots must possess a current FAA commercial pilot certificate with FAR 137 endorsements and maintain currency with FAR 137.

ii. Pilots must meet all requirements of the operator’s certificate necessary for conducting operations specified in the contract and possess an appropriate medical certificate, as required by FAR 137.

iii. Pilots shall provide evidence of night flight certifications.

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U. Pilot Safety Plan

1) The pilot(s) must determine any and all hazards and must, if requested by the HHS Agency, fly each zone to be sprayed prior to the first application.

2) Pilots are responsible for locating and avoiding navigation hazards such as radio towers, and high voltage power lines.

3) The pilot in command is responsible for the safety of the aircraft, its occupants and cargo, and is responsible for spraying only the approved spray blocks.

4) Pilot(s) must operate the aircraft in accordance with FAA requirements and safety regulations. Flight safety must include, but is not limited to, flight hours logged and rest periods.

5) Upon request by the HHS Agency, the Contractor must provide the pilot safety plan for review.

V. Security Plan

1) The Contractor must abide by all current regulations issued by the FAA in regard to the aircraft, insecticide safeguarding and security.

2) The potential Contractor/Bidder must provide, with bid response, a security plan that addresses the following requirements:

i. All spray aircraft must be disabled when not in use, and only authorized personnel can start and operate the aircraft.

ii. All supported equipment and insecticide containers must be secure when not in use.

iii. All spray aircraft must be attended or guarded at all times, unless the airport is secured and gated.

iv. When guard service for aircraft, insecticide and / or equipment is required, the Contractor must provide the necessary security personnel.

W. Congested Area Plan

1) The Contractor must prepare and submit to the FAA a congested area plan and receive approval before commencement of spraying operation. Contractor will keep the approvals on file and will submit them to the HHS Agency upon request.

X. Prohibited Areas

1) The Contractor must work with the HHS Agency, state and federal agencies to identify areas where the application of insecticides is prohibited or areas to be avoided (as directed).

2) Planned spraying zones must exclude prohibited areas and ensure insecticide drift to prohibited areas is limited.

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Y. Night Vision Goggles

1) Since aerial applications for adult mosquito control are performed after sunset at an approximate altitude of 300 feet above ground level, the Contractor must equip the pilot staff with military grade night vision goggles (NVG).

2) As part of the pilot safety plan, the Contractor must provide a description of NVG equipment (make and model), pilot training program and certifications, and NVG experience of each pilot.

Z. Aircraft Certifications

1) Contractor must provide:

i. FAA Certificate aircraft registration and standard airworthiness certificate.

ii. A statement of the operational aircraft capability and compliance with FAR 137, Subpart C, 137.51.5.ii for the operation of aircraft over congested area.

iii. A statement of proof of a FAA exemption for FAR 137, Subpart C, 137.53[c][2]- load jettisoning for the operation of aircraft over congested areas.

AA. Aircraft Requirements

1) Contractor must have a minimum of two (2) planes and/or helicopters.

2) The make and registration number of proposed application aircraft presently owned, leased or subcontracted which will be committed to the contract services, must be provided with a bid response.

3) The aircraft to be utilized by Contractor are required to have sufficient enough power, with one engine out, to have an exemption of dumping the load (fuel/pesticide) over a congested area.

4) Airplane and/or helicopter type for aerial spray operations over congested areas:

Twin-engine turbine or non-turbine, FAA approved and certified aircraft.

5) The application aircraft must be in good mechanical condition with a current 100-hour inspection and a current annual inspection of time between overhauls (TBO) or progressive maintenance plan, per FAR 137. Upon request, current logbooks should be made available to the HHS Agency to verify the maintenance program.

6) The aircraft must be equipped with ultra-low volume (ULV) spray systems or the dispersal of insecticides to control adult mosquitoes overpopulated areas within the state of Texas.

BB. Support Equipment

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1) Contractor must furnish all equipment necessary to provide all services associated with the requirements in this solicitation.

CC. GPS Navigation System

1) Contractor must provide a Differentially Corrected Global Positioning System- Based Aircraft Tracking Guidance and Flight Path Recording System (hereafter referred to as a DGPS) for use by the pilots(s) operating the application aircraft(s) during spray operations.

2) All aircraft must be equipped with the AG-NAV GPS navigation system, or equivalent, for precision mosquito control application.

3) Aircraft GPS capabilities must include pre-flight planning, programmable swath width, in-flight, light bar parallel swath guidance, post-flight data viewing and mapping, and output records of acres treated, and pesticide product applied for each application mission.

4) Post-mission GPS maps and reports verifying the performance of each aircraft, acres treated, and amount of product applied will be supplied by the Contractor within 48 hours of the mission. At agency discretion, the Contractor or DSHS will supply the maps and reports.

DD. Meteorological Onboard Weather System

1) Aircraft must be upgraded to include the AIMMS-20, or equivalent, meteorological station. The AIMMS-20 or equivalent system must provide real-time meteorological data including wind speed, wind direction, temperature and relative humidity.

2) The AIMMS-20 or equivalent shall enable the aircraft to receive real-time weather data at the aerial ULV application spray altitude.

EE. Aircraft Communication

1) Each aircraft will be required to communicate directly with other spraying aircraft, ground crew and FAA air traffic control, as required.

2) Each aircraft to be used for spraying services is required to have at least two (2) operating VHF aircraft communication radios on board. Proof of the required specifications must be submitted upon the request of the HHS Agency.

FF. Aerial Spray Equipment

1) Aircraft must be equipped with ultra-low volume (ULV) equipment capable of dispensing the approved product at the EPA-registered label rate per acre of larvicide and/or adulticide and producing spray droplets in the labeled range to achieve optimum control of the adult mosquito population.

2) Aerial Spray Guidance System:

i. Aircraft must be equipped with FlightMaster® or equal.

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ii. The system must link AG-NAV or equal and the AIMMS-20 or equal for real-time optimization of aerial ULV applications. This system must use real- time weather data to calculate spray cloud position and redirection of the aircraft to ensure effective control of flying adult mosquitoes within the spray block.

iii. A description of the spray system, including make and model, tank, pump, and nozzles must be provided to the HHS Agency upon request.

3) Nozzles: Aircraft must be equipped with either Clarke/BeecoMist, Micronair, or equal rotary nozzles or flat-fan nozzles.

GG. Spray System Calibration and Characterization

1) The Contractor must perform and document characterization and calibration of aircraft spray system(s) prior to performing aerial ULV applications as requested by the HHS Agency.

2) Calibration must be monitored throughout the project with “system low” meters.

3) Documentation of flow meter calibration for each aircraft must be provided to the HHS Agency upon request.

HH.The Contractor must have all applicable permits, licenses, and insurance coverage at the time of Contract execution and must maintain them throughout the duration of the Contract term.

II. The Contractor shall have local telephone services. The use of a recording/answering device or an answering service is not acceptable except for after normal business hours.

Normal business hours are considered to be between 8:00 a.m. and 5:00 p.m. Monday through Friday, unless otherwise stated in the solicitation. An emergency 24-hour response number must be provided to allow immediate contact of the Contractor. The Contractor shall have local cellular service or mobile satellite phone service.

JJ. The Contractor shall have available, under its direct employment and supervision, the necessary organization and facilities to properly fulfill services required under the resulting contract and only personnel trained in completing the services shall be employed under and for this contract.

KK. Pesticides and Regulatory Compliance

1) The Contractor must be in compliance with the US Environmental Protection Agency (EPA), Pesticide Registration (PR) Notice 2005-1, Notice to Manufacturers, Producers, Formulators and Registrants of Pesticide Products, Recommendation 5 Aerial Application directive .

2) Pesticide formulations used by the Contractor must be among those approved and registered by the US EPA for mosquito control targeting their habitats and registered by TDA for use in Texas.

https://www.epa.gov/pesticide-registration/prn-2005-1-labeling-statements-products-used-adult-mosquito-control https://www.epa.gov/pesticide-registration/prn-2005-1-labeling-statements-products-used-adult-mosquito-control https://www.epa.gov/pesticide-registration/prn-2005-1-labeling-statements-products-used-adult-mosquito-control https://www.epa.gov/pesticide-registration/prn-2005-1-labeling-statements-products-used-adult-mosquito-control

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3) The pesticides must be applied according to label directions and precautions by appropriately trained and certified applicators.

4) The HHS Agency must approve products to be used.

LL. Qualifications and Licensing

1) Pesticide Application Compliance: Contractor must be an authorized, certified business engaged in a range of mosquito control activities that enable the Contractor to meet the expectations of this Contract.

2) Contractor or their subcontractor(s) must be appropriately licensed and certified in Public Health Pest Control for aerial or ground based pesticide applications, by the Texas Department of Agriculture (Tex. Agric. Code, Title 5, Subtitle B, Chapter 76.071).

3) Contractor or their subcontractor(s) must be appropriately licensed and certified to conduct pest control inside of structures per the requirements of the Texas Occupations Code, Chapter 1951.

4) All necessary licenses and qualifications required of the Contractor as a result of this Contract must be obtained prior to any Contract activation and maintained throughout the duration of the Contract term.

7.1.1 Service Location(s)

Contractor shall be able to serve all of Texas depending upon the event and where the services are needed.

The Map (PDF) of the HHS Regions may be accessed at:

https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

7.1.2 Performance Schedule

Service Hours: The Contractor must be available as needed, 24 hours a day, 7 days per week, with the ability to respond as requested due to this Contract being contingent upon emergencies, incidents and/or declared disasters.

Contractor shall guarantee to have response team and ground support en route within 24 hours of HHS Agency notification. The Contractor agrees to have operations in position and active within 48 hours of notification unless the Response Deadline is extended by the HHS Agency Contract Manager.

7.1.3 Services Outside Regular Business Hours

The Contractor will be required to perform services outside of regular business hours (8 a.m. to 5 p.m. Central Time). Rates will be invoiced according to the rates in Exhibit C – Pricing Sheet.

7.1.4 State Holidays

https://statutes.capitol.texas.gov/?tab=1&code=AG&chapter=AG.76&artSec= https://statutes.capitol.texas.gov/?tab=1&code=AG&chapter=AG.76&artSec= https://statutes.capitol.texas.gov/?tab=1&code=OC&chapter=OC.1951&artSec= https://statutes.capitol.texas.gov/?tab=1&code=OC&chapter=OC.1951&artSec= https://hhs.texas.gov/sites/default/files/documents/about-hhs/hhs-regional-map.pdf

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The state holidays observed are maintained by the State Auditor’s Office and may be accessed at: https://hr.sao.texas.gov/Holidays.

To fulfill the required services, as applicable, the Contractor may perform the services on a holiday observed by HHS at NO additional expense to the HHS Agency.

Authorized services performed by Contractor on a state holiday will be invoiced at the Contract rate.

7.1.5 Minimum Experience and Qualifications

These minimum requirements apply to the Contractor and Contractor’s personnel and any Subcontractor and Subcontractor’s personnel.

Bidder shall submit documentation of experience and qualifications with Response, if requested in Exhibit C– Pricing Sheet.

a) The Bidder shall have relevant experience required for the performance of the services as outlined in this IFB. The minimum experience required is three (3) years, and experience must include aerial spraying operations.

b) The Bidder’s personnel to be assigned to perform the services must be fully trained and, at minimum, have one (1) year relevant experience.

c) Required Licensure and Accreditation: per Section 7 Scope of Work.

d) All Contractor or Subcontractor personnel assigned to perform the services must be at least 18 years of age.

e) The Bidder must provide a minimum of three (3) verifiable references for current or previous contracts of the same size and for similar or same services within the last two

(2) years in Exhibit D – Bidder Reference Form and return with Response.

7.1.6 Contractor Responsibilities

The Contractor(s) is solely responsible for the performance of all services and requirements referenced in Section 7.1, Scope of Work and this IFB.

Contractor will not be relieved of its obligations for any nonperformance by its employees or Subcontractor(s).

a) The Contractor shall furnish all labor, tools, transportation, equipment, materials, and supplies, as necessary, to perform the services and/or provide the goods, as required.

b) The Contractor shall be responsible for supervision of its employees and Subcontractor employees, together with clean up and proper disposal of any site work waste.

c) The Contractor shall be responsible for supervision, clean up, and proper disposal of any site work waste and must have all applicable permits, licenses, and insurance coverage.

https://hr.sao.texas.gov/Holidays

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d) The Contractor shall provide color image files of maps with electronic mark-up of treatment areas, exclusion areas, and known hazards.

e) The Contractor will be responsible for verifying that all employees are in compliance with all requirements of the Immigration Reform and Control Act of 1986, Public Law 99-603, which became effective November 6, 1986.

f) The Contractor shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the Contract including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations

g) Contractor must have two pilots. Pilots must be certified in accordance with applicable Federal Aviation Regulations (FAR 137) and capable of completing scheduled flight activities. Pilots must possess a current FAA commercial pilot certificate with FAR 137 endorsements and maintain currency with FAR 137. Pilots must meet all requirements of the operator's certificate necessary for conducting operations specified in the contract and possess an appropriate medical certificate, as required by FAR 137. Pilots shall provide evidence of night flight certifications.

h) Training for Contractor Employees:

All Contractor employees, and Subcontractor’s employees, if applicable, assigned to perform the services must be trained and experienced in the type of work to be performed. The Contractor shall provide adequate training to all personnel assigned to perform the services on the roles, responsibilities, and technical aspects of the work.

The Contractor shall only provide and allow trained and qualified personnel to perform the required services under the Contract.

The Contractor is required to provide current copies of the completed training(s) and of the license or accreditation certificate related to the training upon request by the HHS Agency Contract Manager. This requirement also applies to Subcontractor(s) and Subcontractor’s personnel who may be used in the performance of services.

7.1.7 Independent Contractor

It is understood and agreed by the HHS Agency and the Contractor that the Contractor is retained as an independent Contractor and in no event shall any employee hired by the Contractor be considered an employee of the State.

a) The Contractor shall not allow any visitors, spouses, children or other relatives of the Contractor’s or Subcontractor’s employees to be on state property in connection with the Contract during working hours.

b) The Contractor shall be responsible for all employment taxes and other payroll withholding for its employees.

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c) The Contractor shall be responsible and liable for the safety and health…