ESBD_536728_1784235657687_ESBD 5510000952_Pesticide_Disposal_Events.pdf

Pesticide Disposal Events

CONTRACT No. & SOLICITATION No.

#5510000952

TYPE OF

SOLICITATION

REQUEST FOR

PROPOSAL (RFP)

DATE ISSUED

7/16/2026

Respondent must submit sealed response no later than 3:00 PM CT on through 8/17/2026, 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:

ADDENDUM

NO.

DATE ADDENDUM

NO.

DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE TELEPHONE NO. (Include area code)

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 Respondent’s response, immediately mailto:bidroom@texasagriculture.gov mailto:Bidroom@texasagriculture.gov

Texas Department of Agriculture

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TABLE OF CONTENTS

SECTION I – INTRODUCTION AND STATEMENT OF WORK

1 INTRODUCTION

2 BACKGROUND

3 LEGAL AUTHORITY

4 DEFINITIONS

5 SCOPE OF WORK/SPECIFICATIONS

6 INVOICING AND PAYMENT

7 PERFORMANCE AND SERVICE LEVEL EXPECTATIONS

8 CONTRACT TERM

9 NO EXCLUSIVITY IN AWARD

SECTION I I – ADMINISTRATIVE INFORMATION

1 SCHEDULE OF EVENTS

2 INQUIRIES

3 SUBCONTRACTING AND VETHUB SUBCONTRACTING PLAN (SP)

4 PRE-PROPOSAL VENDOR CONFERENCE

5 SOLICITATION RESPONSE COMPOSITION AND DELIVERY

6 EXCEPTIONS

SECTION I I I – SOLIC ITATION RESPONSE EVALUATION AND AWARD PROCESS

1 ADMINISTRATIVE REVIEW OF RESPONSES

2 EVALUATION CRITERIA

3 AWARD

SECTION IV – RESPONDENT’S NARRATIVE PROPOSAL

1 EXECUTIVE SUMMARY

2 HISTORY OF RESPONDENT’S BUSINESS ENTITY AND EXPERIENCE

3 PROJECT WORK PLAN

4 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

5 VALUE-ADDED BENEFITS

6 KEY STAFFING PROFILE

SECTION V – REQUIRED RESPONDENT INFORMATION

1 RESPONDENT NARRATIVE

2 AFFIRMATIONS AND CERTIFICATIONS

3 COMPANY PROFILE

4 FINANCIAL RESPONSIBILITY QUESTIONNAIRE

5 ETHICS AFFIRMATION

6 REFERENCES

7 CONFLICT OF INTEREST

8 DATA SECURITY REQUIREMENTS

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SECTION VI – COST PROPOSAL

SECTION VII – ADDITIONAL TERMS AND CONDITIONS

1 AMENDMENT

2 OFFER PERIOD

3 COSTS INCURRED

4 CONTRACT RESPONSIBILITY

5 ELECTRONIC AND INFORMATION RESOURCES (EIR) ACCESSIBILITY

6 RESPONDENT WAIVER – INTELLECTUAL PROPERTY

7 TEXAS STATE AUDITOR’S OFFICE

8 INSURANCE

9 PROTEST

SECTION VII I – EXHIBITS & SUBMISSION CHECKLIST

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SECTION I – INTRODUCTION AND STATEMENT OF WORK

1 INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this REQUEST FOR PROPOSAL (RFP) to solicit responses from qualified Respondents for pesticide disposal services, 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.

This includes hosting pesticide waste collection events in coordination with the Texas Department of Agriculture, where participants can drop off unwanted pesticides, free of charge, for proper disposal by the selected Respondent.

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 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.

2 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 T e x a s D e p a r t m e n t 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

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

In 2019, the Texas Legislature established the Pesticide Disposal Fund to cover the cost of administering pesticide waste and pesticide container collection activities by its enactment of House Bill 191. TDA is charged with coordinating the collection events, which are intended to give agricultural producers an opportunity to properly dispose of banned or unwanted pesticides. The events are free and voluntary for eligible participants. Pesticides held in storage for a long time are more prone to leading and are susceptible to damage from fires and natural disasters, which can cause a negative environmental impact.

Between October 2021 and July 2025, TDA held twelve pesticide waste disposal events, which received ample participation signifying the continued importance for such events in the agricultural community. Between these events, over one million pounds of pesticide waste was collected from 806 participants. Events have been held in the following Texas counties: Dawson, El Paso, Erath, Grimes, Henderson, Hidalgo (2 events), Medina, Moore, Nueces, Tom Green, Victoria, and Wichita.

Events participation is still expected to be high during the next Contract period as we service communities where events have not been held in nearly a decade. This will allow for 2-3 events per year with increased and more frequent events over time.

3 LEGAL AUTHORITY

This solicitation is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Chapter 2156, Subchapter C, Sections §§2156.121 – 2156.127. Pursuant to Section §2155.131 of the Texas Government Code and 34 TAC §20.82. Competitive sealed proposals will be received before the deadline set forth below in this solicitation.

4 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. Respondent must acknowledge receipt of any addenda in the submission of the Proposal.

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

PCO 805 RFX Template Page 7 of 42 Version 5.3 Revised 06.26.2026 can be used by Respondents to identify potential respondents and VetHUBs.

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) 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.

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

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

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

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

16) 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.

17) Solicitation means this REQUEST FOR PROPOSAL (RFP)

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

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

20) Veteran Heroes United in Business (VetHUB) Program refers to a statewide procurement program administered by the Texas Comptroller of Public Accounts pursuant to Chapter 2161 of the Texas Government Code and 34 Tex. Admin. Code Part 1, ch. 20.

5 SCOPE OF WORK/SPECIFICATIONS

TDA is seeking a proposal(s) from Respondents to provide pesticide disposal events in coordination with TDA, where participants can drop off unwanted pesticides, free of charge, for proper disposal. TDA will oversee all performance, as further described in this Statement of Work (SOW).

Successful Respondent shall work with TDA to provide pesticide collection and disposal events and perform the following tasks:

A. Shall provide adequate staff to collect, package, and transport pesticide waste anywhere from 10,000 to 300,000 pounds from 10 to 200 participants in a single day event. In calendar years 2024 and 2025, event size ranged from 73,500 to 178,500 pounds of waste collected from between 70 – 110 participants per event.

B. Review designated collection sites selected by TDA to ensure usability and develop a site plan for each event with adequate staffing and equipment.

C. Shall have an emergency action plan in place in case an accident or inclement weather occur; responses are required within 48 hours of request.

D. Shall visually screen all waste prior to its removal from participant’s vehicles for unidentified or unacceptable items.

E. Shall unload all acceptable waste from participant’s vehicles.

F. Shall comply with federal, state, and local regulations regarding the packaging, transportation, storage, recycling, and disposal of pesticide waste.

G. Successful Respondent shall package, label, manifest, load, transport, and dispose of wastes.

H. Shall provide a standard price per pound for disposal of various liquid and dry pesticide formulations. This price shall be all-inclusive for proper handling, packaging, treatment, and disposal of pesticide waste products.

a. Shall provide a list of acceptable pesticide products/formulations included in the standard price per pound.

b. Shall provide a list of unacceptable pesticides that are excluded from the standard price per pound, and if a disposal method is available, provide a price per pound for each unacceptable pesticide product/formulation.

I. Shall provide pricing for equipment and services related to collection events. T o include but not limit to:

a. Set-up and break-down of site

b. Technicians

c. Chemists

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d. Project Manager

e. Security

f. Portable scales

g. Dumpster

h. Signage

i. Traffic cones

j. Pre/post site environmental testing

k. Decontamination supplies

J. Collection Station Operations: Successful Respondent shall operate the Collection Station in the following manner:

a. Chemists and technicians shall unload the vehicles and place the waste onto polyurethane tarps or in chemical resistant containers with the collection zone. Only wastes approved by the Department at the site or approved by the Department in writing on a collection eligibility list shall be unloaded from the vehicles.

b. The Department and Successful Respondent shall jointly decide on the number of workers unloading vehicles during collection activities. In the event of dispute, Department decision shall prevail.

c. The chemists shall also question drivers of the vehicles to ascertain the contents of the wastes.

d. Chemists shall remove the wastes from the receiving area and sort them by disposal classification. Technicians may assist chemists in performing this task only under the direct supervision of the chemist or the Project Manager.

e. Successful Respondent shall be responsible for unloading waste from incoming vehicles, packing, moving and bulking the collected wastes and documenting the nature and amounts of the collected wastes.

f. Project Manager/Safety Officer – The Successful Respondent Project Manager shall oversee all collection station operations and worker safety.

This individual has overall responsibility for mobilization, operation, and demobilization of the collection station, including staff adherence to the site safety contingency plan.

K. Shall ensure no environmental contamination occurs.

L. Successful Respondent shall, at their own cost and expense, assume responsibility for and respond, in accordance with all applicable laws, to any and all leaks, spills, and other emergencies occurring in connection with performance of the services.

M. Successful Respondent shall furnish and pay for all labor, permits, licenses, insurance, materials, tools, equipment, and services required to provide the covered services.

N. Successful Respondent’s current licenses, registrations, and certifications issued by federal, state and local agencies, and any other licenses, registrations, or certifications from any other governmental entity with jurisdiction, allowing Successful Respondents to perform services including, but not limited to licenses, registration or certifications allowing the Successful Respondents to engage in

PCO 805 RFX Template Page 10 of 42 Version 5.3 Revised 06.26.2026 hazardous and regulated waste management, transportation and disposal services within Texas. Must have adequate permitted treatment, storage and disposal facilities, permitted transfer stations, and transportation equipment to handle volume of pesticide waste collected at each event.

O. Successful Respondent shall provide general guidance services at no additional cost to TDA regarding proper and safe segregation of waste in compliance with all applicable laws with respect to the services.

P. Site Security: Successful Respondent is responsible for site security and safety prior to, during, and subsequent to operation of the collection station, until complete demobilization

5.1 GOALS AND OBJECTIVES

The goal of this solicitation is to obtain services from a Contractor who will provide collection and disposal services for unwanted pesticides. A Successful Respondent will provide the following:

A. Provide collection and disposal service for unwanted pesticide products.

B. Properly dispose of abandoned and unwanted pesticides that pose a risk to human health and the environment. Pesticides held in storage for a long time are more prone to leaking and are susceptible to damage from fires and natural disasters which can cause a negative environmental impact.

C. Provide easy access for Texans to safely a properly dispose of costly pesticide products.

5.2 DELIVERABLES

THE SELECTED CONTRACTOR WILL PREPARE A DETAILED BID FOLLOWING THE PRICING

GUIDELINES IN TABLE A, PER EVENT, FOR ALL COLLECTION AND DISPOSAL SERVICES,

INCLUDING ALL SUPPLIES FOR UNWANTED AGRICULTURAL PESTICIDE PRODUCTS.

CONTRACTOR WILL ALSO PROVIDE ALL DELIVERABLES BY TASK AS DESCRIBED IN TABLE

B.

1. Table A Contents:

ITEM PRICE Unit of Measure

1. Pesticide Disposal Event Cost

2. Pesticide price per pound $

4. Soil sampling $

5. Site set up and breakdown

2. Table B Contents:

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Deliverables by Task Acceptable Performance

1. Work Plan

Develop and submit a pre-event plan for collecting and transporting collected material at the selected site.

The contractor will work with TDA to develop 2-4 weeks prior to each event to determine best site plan regarding traffic flow, unloading zone, and equipment storage.

The work plan must identify all tasks the Respondent will undertake to carry out the scope of work, including the timeframe for execution of same. The work plan must also identify the employee(s) responsible for completion of each task. TDA must give final approval of a work plan before work can commence. The work plan shall be submitted in a form and format approved by TDA.

2. Health Safety Plan

Plan must include but not limited to:

PPE requirements, decontamination procedures, emergency action response, site safety, and medical surveillance.

Health & Safety Plan that includes all requirements for hazardous waste operations. Failure to uphold health & safety responsibilities during events may result in early cancelation or non-renewal of contract.

3. Post events reports

Report detailing type and total volume of hazardous waste collected.

A detailed report after each event must be delivered to TDA within the agreed upon timeframe. Failure to deliver report within the delivery schedule may result in early cancelation or non-renewal of contract.

5.3 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:

A. A report detailing the types and total amounts of hazardous waste collected and B. Itemized invoice of services per event.

5.4 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.

5.5 PROJECT PLAN – PRICE TO VALUE/BEST VALUE

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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.

6 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.

6.1 INVOICE SUBMISSION

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.

6.2 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:

a. 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.

6.3 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 mailto:invoices@texasagriculture.gov

PCO 805 RFX Template Page 13 of 42 Version 5.3 Revised 06.26.2026 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;

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; and

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.

7 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;

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

3) Make available appropriate individuals with reasonable notice;

4) TDA shall provide the Contractor with access to all necessary and appropriate documents;

5) Monitor Contractor performance, to include deliverables, reporting requirements, and budget approvals; and

a. Assist in promoting Contractor deliverables to the public. Provide written confirmation of acceptance or rejection at the completion of deliverable review.

b. Provide adequate TDA staff to facilitate each event including traffic control and questions.

c. Contract Manager will work with local TDA Regional and AgriLife Extension Service staff to obtain a site adequate in size to host each pesticide collection event.

d. Contract Manager will attend each event or provide an adequate alternative from

TDA Agricultural Program Staff to attend, to ensure selected Contractor provides pesticide collection services in a safe and professional manner to the even t participants.

6) Communication

a. Contact Contractor via telephone, e-mail, or web to meet the approved schedule.

b. Provide contact information for appropriate individuals with responsibilities under the Contract.

c. Make available appropriate individuals with reasonable notice of the circumstances requiring the staff member.

7.2 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;

2) Dedicate a project manager and contract manager, or assign both duties to a single staff member;

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

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

5) Provide all necessary electronic equipment (i.e., phones, computers) and supplies for its staff to perform their responsibilities as described in the Scope of Work.;

6) Monitor day-to-day performance of the project to ensure adherence to statues, regulations, and contract terms and conditions;

7) Carry out deliverables described in the Scope of Work;

8) Maintain an adequate accounting system and internal controls to ensure expenditures are reported and maintained appropriately after the conclusion of the contract;

9) Participate in planning meetings with TDA;

10) Ensure confidentiality of all information obtained from TDA; and

11) Notify the TDA Project Manager of any requests for copies of records from third parties,

12) Event Responsibilities

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a. Work within the Contract budget

b. Visually inspect materials brought in for collection and notify TDA of any discrepancies on acceptable materials

c. Provide all materials required for collecting, packaging, transporting, and disposing of pesticide waste collected

d. Unload all acceptable waste from participant vehicles and package for transportation to disposal site.

e. Comply with federal, state, and local regulations regarding the packaging, transportation, storage, recycling, and disposal of pesticide waste and pesticide containers.

f. Ensure no environmental contamination occurs and have a cleanup plan in place in case of accidents.

13) Project Plan

a. Present the proposed Project Plan for approval.

b. Maintain the approved Project Plan for the Contract period.

c. Identify potential deviations from the plan.

d. Notify TDA’s Contract Manager with a solution to stay on schedule.

14) Project Management

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

b. Establish detailed timelines and deliver on or before scheduled benchmark dates, as outlined in Project Schedule approved by TDA.

c. Participate in Planning Meetings as scheduled by the selected TDA representative.

d. Ensure the confidentiality of all information obtained from TDA.

15) Documentation

a. Provide detailed invoice within 30 business days of each collection event

16) Provide liability insurance policies

7.3 INFORMATION SECURITY REQUIREMENTS

Contractor shall adhere to the T e x a s D e p a r t m e n t o f I n f o r m a t i o n R e s o u r c e s ’ ( 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;

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

8) Con tractor 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) Con tractor 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.

7.4 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).

1) 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.

2) 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

PCO 805 RFX Template Page 17 of 42 Version 5.3 Revised 06.26.2026 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.

3) Price

a. Price Adjustment- Decrease or Discount Increases Contractors are required to immediately implement any price decrease that become available during the Statistics listed below.

• 12-month percent change in the CPI for All Urban Consumers (See Exhibit C-Cost Proposal)

• Consumer Price Index Archived News Releases : U.S. Bureau of Labor Statistics

b. Example (Calculation):

When using the most recent monthly information from the index, the following applies:

Descriptions (All Items)

A A = Consumer Price Index from the month of the Response Deadline of this RFP, The effective date/month of the last approved price increase or renewal option exercised whichever is later.

B B = Current or latest baseline Consumer Price Index

The allowable percentage change must be calculated as follows:

Formula

B-A ÷ A x 100% = Percent of allowable price increase or decrease https://www.bls.gov/opub/ted/2026/consumer-prices-up-2-4-percent-over-the-year-ended-january-2026.htm https://www.bls.gov/bls/news-release/cpi.htm#2002 https://www.bls.gov/opub/ted/2026/consumer-prices-up-2-4-percent-over-the-year-ended-january-2026.htm

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Example:

• A: 2.4 (January 2026)

• B:3.0 (January 2025)

3.0-2.4 ÷ 2.4 x100%= 2%

Failure by the Contractor to calculate this formula and provide any supporting documentation will not be considered a properly submitted price increase request and will result in rejection of the price increase request.

7.5 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.

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

7.6 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 Texas Comptroller’s Vendor Performance Tracking System (VPTS) and that the contractor is aware of and is in compliance with records retention requirements.

8 CONTRACT TERM

8.1 INITIAL CONTRACT TERM:

The Contract shall commence on the Effective Date and continue through 8/31/2027, 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.

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8.2 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: 9/1/2027 through 8/31/2028 Option Year 2: 9/1/2028 through 8/31/2029 Option Year 3: 9/1/2029 through 8/31/2030

TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

8.3 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.

9 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)

Events Dates/Times

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

7/16/2026

Pre-proposal Conference: 7/23/2026 1:00 PM CT

Deadline for Questions: 7/29/2026 3:00 PM CT http://www.txsmartbuy.com/esbd

PCO 805 RFX Template Page 20 of 42 Version 5.3 Revised 06.26.2026

Addendum Posted on the Electronic State Business Daily (ESBD)

8/5/2026 (estimated)

Response Due Date: 8/17/2026 3:00 PM CT

Response Review, Selection of Vendor: 9/1/2026 (estimated)

Beginning Date of Contract: Effective Date

Ending Date of Contract:

8/31/2027

2 INQUIRIES

2.1 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 Agency 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 (SP), the VetHUB Agency 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.

2.2 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 solic itation. 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.

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2.3 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 https://www.txsmartbuy.com/esbd. 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.

2.4 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.

2.5 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.

3 SUBCONTRACTING AND VETHUB SUBCONTRACTING PLAN (SP)

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 (SP) IN ACCORDANCE WITH THE

STATE’S POLICY ON UTILIZATION OF VETHUBs. FAILURE TO COMPLETE AND SUBMIT

THE SP WITH THE RFP RESPONSE WILL RESULT IN DISQUALIFICATION OF THE

RESPONSE FROM CONSIDERATION.

https://www.txsmartbuy.com/esbd https://www.txsmartbuy.com/esbd

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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 SP without PRIOR approval from TDA.

The SP is available as part of this solicitation package on the ESBD website.

Respondents may send an SP review request to bidroom@texasagriculture.gov. TDA will provide a courtesy SP 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 SP 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 SP. 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. See Class & Item link:

# Class Item Description

1 926 45 Hazardous Material and Waste Services, Including Emergency Response and Nuclear Wastes

2 345 74 Personal Protective Equipment (PPE)

3 962 69 Personnel Services, Temporary

4 100 30 Hazardous Material Containment and Storage, Chemicals

5 961 27 Decontamination Services, Including Hazardous Material Decontamination

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

4) SP Prime Contractor Progress Assessment Reports (PARs). Per 34 TAC §20.285(6)(g), Contractor shall submit a Progress Assessment Report to the state agency with each invoice, in the format required by the Texas Comptroller. A state agency may, at its option, allow electronic submissions of the compliance report required by this mailto:bidroom@texasagriculture.gov https://commbook.app.cpa.state.tx.us/

PCO 805 RFX Template Page 23 of 42 Version 5.3 Revised 06.26.2026 subsection so long as the electronically submitted compliance reports are in the format and contain all information required by the Texas 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.

4 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.

4.1 ATTENDANCE LOG

For conference calls and webinars, participants will be added to the attendance log with the following…