ESBD_538127_1784574328053_Background_Check_Services_IFB_07.14.2026_FINAL.docx

Texas Department of Agriculture

Texas Department of Agriculture Purchasing and Contracting Office 1700 N. Congress Avenue Austin, Texas 78701 CONTRACT No.

5510000630

SOLICITATION NO.

5510000630

TYPE OF SOLICITATION

Invitation For Bid

DATE ISSUED

7/20/2026

Background Checks Bidder must submit sealed response no later than 3:00 PM CT on through 8/14/2026, to the following address:

Attention: bidroom@texasagriculture.gov For information contact:

Rhonda Gips 512-463-7710 Rhonda.Gips@TexasAgriculture.gov

RESPONSE (Bidder must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

Bidder acknowledges receipt of Solicitation addenda and related documents numbered and dated:

NAME AND ADDRESS

OF BIDDER:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, AND REMEDIES. Bidder 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. Bidder’s failure to periodically check the method above will no way release the selected Bidder (Contractor) from “addenda or additional information” resulting in additional costs to meet the requirements of this solicitation.

By signing this document, Bidder 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 Bidder for making false statements, including disqualifying Bidder’s response, immediately cancelling any Contract awarded to Successful Bidder, or recommending State of Texas debarment.

Table of Contents

PCO 807 Formal IFB Template Page 2 of 2 Version 6 Revision 06/04/2025 SECTION I – INTRODUCTION AND Specifications

INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this Invitation For Bid (IFB) to solicit responses from qualified Bidders for Background Check Services for the Food and Nutrition Division of the Texas Department of Agriculture, as described in Section II 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.

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

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

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

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

The Department has a 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 growth and transport of agricultural commodities and reviewing commodity board budgets;

2) Administering 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 to agribusinesses and rural enterprises, rural healthcare facilities, and community infrastructure projects to promote economic development in rural Texas; and

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

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 bids will be received before the deadline set forth below in this solicitation.

Definitions The following words and terms shall have the following meanings unless the context clearly indicates otherwise. These definitions shall apply to this IFB, including the Terms and Conditions attached to the IFB, and any Contract or Amendment entered into by the parties as a result of this IFB.

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

2) Amendment means the final written agreement signed and dated by TDA and any Bidder(s) selected for an award as a result of this IFB 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) Bid means the response submitted by a Bidder to the TDA as a result of this solicitation.

5) Bidder means any person or vendor who submits a bid in response to this solicitation.

6) Centralized Master Bidders List (CMBL) which is a public website comprised of businesses interested in contracting with the state. It can be used by Bidders to identify potential Bidders and Veteran Heroes United in Business.

7) Contract means the final written agreement signed and dated by TDA and the Bidder(s) selected for an award as a result of this solicitation, and includes the solicitation and all attachments, the bid(s) of any Bidder(s) selected for an award, any appendices, final offers, amendments to the solicitation, schedules, or special provisions incorporated into the Contract.

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

9) 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.

10) Days means calendar days unless otherwise specified.

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

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

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

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

15) Solicitation means this IFB.

16) Successful Bidder refers to any person or entity that submits a bid and is selected for an award pursuant to this IFB. The Successful Bidder(s) hereinafter also referred to as “Contractor.” This IFB will be incorporated by reference into any resulting contract.

17) TAC means Texas Administrative Code.

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

19) Veteran Heroes United in Business (VetHUB) 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 Texas Administrative Code Part 1, Chapter 20.

Specifications/Statement of Work TDA is seeking a bid(s) from Respondents to provide comprehensive Background Checks. TDA will oversee all performances as further described in this Statement of Work (SOW).

Statement of Work and Objectives The goal of this solicitation is to obtain background check services from a Contractor for the Food and Nutrition Division of the Texas Department of Agriculture.

Contractor shall provide the following:

1) Web Portal: Contractor shall provide a user-friendly web portal for F&N staff to submit applicant information for background checks, accessed via usernames and passwords.

2) Templates Approval: Background check request templates proposed by the Contractor must be submitted for approval by TDA based on business needs.

3) Results Accessibility: The Contractor’s system for obtaining background check results must be accessible to designated TDA staff throughout the Contract’s duration.

4) Training: The Contractor is required to provide training and training materials on the background check process to designated TDA staff at no extra cost within two (2) weeks of Contract execution.

5) Concurrency: The Contractor must accommodate multiple TDA staff members concurrently requesting background checks as outlined in Section I, Subsection 5.2, Deliverables.

6) Capacity: The Contractor must be capable of running sixty five (65) or more background checks within thirty (30) days for individuals or organizations participating in TDA’s program while continuing to conduct routine daily checks.

7) Compliance Reporting: Promptly inform TDA of updates regarding laws and compliance related to background screening. Cover criminal history, licensing records, property records, tax records, court records, and identify disqualifying criteria.

8) Security Risks: Report additional legal information indicating security risks or issues in administering government funds or program benefits, for individuals or entities.

9) Summary Reports: Summary reports must include the name of the individual or entity subject to the background checks, type of disqualifying factor, case number, court, and jurisdiction of applicable convictions or judgments, real property or other databases revealing disqualifying factors, and any other information necessary for TDA.

10) Comprehensive Searches: Comprehensive background searches shall include records in jurisdictions where a person has lived or worked in the past seven (7) years.

11) Social Security Tracing: The Contractor must trace social security numbers through credit bureau fraud databases and provide findings in the summary report.

12) Record Maintenance: Maintain and store records pertaining to background checks for a minimum of seven (7) years, following applicable federal and state laws.

13) Timeliness: Background checks must be completed within one (1) to two (2) business days of TDA’s official request, with written consent required for delays beyond two (2) days.

14) Limitation of Scope: Contractor shall not provide additional background information not relevant to the foregoing criteria.

DELIVERABLES

Contractor shall supply access for assigned Food and Nutrition Division staff via username and password to a user-friendly and functional web portal maintained by the Contractor for F&N staff to submit the applicant information for the background check.

Contractor’s system to obtain background check data results must be accessible to designated TDA staff to review at any time for the duration of the Contract.

Contractor must provide training and training materials in reference to the background check process utilized to designated TDA staff at no additional charge within two (2) weeks of Contract execution. Contractor must provide training to TDA in the use of Contractor’s system, which will include in-person, train-the trainer, or webinar training.

TDA staff must be able to request a background check to be performed, and Contractor must be able to provide services to five (5) TDA staff at the same time.

Contractor must provide access for up to five (5) users in various roles.

The number of background checks is estimated to be sixty-five (65) per month.

Contractor must inform TDA’S F&N Contract Manager, F&N Business Management and TDA F&N Policy Management in writing (sent to the email addresses located in the Notices Section of the Contract) of updates on all laws and compliance issues surrounding TDA’s background screening procedures no later than one (1) business day of becoming aware of any possible issue/concern.

Contractor shall demonstrate adherence to information security controls, utilizing System and Organization Controls (SOC) 2. This includes independent certified public accountant assessments of security, confidentiality, or privacy controls tailored to meet Texas-specific regulations or state contract requirements.

At a minimum, background checks performed by Contractor shall make inquiries into all of the following areas:

1) A national, and state criminal background check;

2) A review of federal and state licensing records, property records, tax records, court records and incarceration records;

3) Civil Record Search: Past and pending litigation history, pertaining to civil or criminal suits or judgements and including pending cases;

4) Credit records and history, including bankruptcy information if applicable;

5) Residence checks will be required for the current address and all addresses within the last ten (10) years regardless of length at that residence;

6) Document verification: Contractor must verify birth certificates, born‐abroad certificates, naturalization certificates, passports, divorce records, driver license(s) and other primary or secondary sources of identification provided by the applicant;

7) Document source retrieval: Contractor must provide valid source information or links to any other available documents or information not provided by the applicant, which were found during the course of the investigation;

8) Web‐based Profile Search: Contractor must search all accessible or available public web databases for additional public information on an applicant. These searches will include, but not be limited to, social networking and professional sites;

9) County and Local Warrant Check: Contractor must conduct and local warrant check for all counties in which the applicant has resided for the last seven (7) years;

10) Federal District Court Records Check: Contractor must conduct a Federal District Court Records check, not limited to tax evasion, mail fraud or other possible crimes occurring across state lines;

11) Social Security Number Verification: Contractor must conduct employment verification using applicant’s social security number;

12) Terrorism Search: Contractor must search through Federal law enforcement databases of individuals who may represent a risk to national security. Contractor will not have access to any of the agency’s databases;

13) Driving Record Search: Contractor must conduct a search of all available driving records that pertain to applicant;

14) Contractor shall perform additional name or “aka” searches as applicable for aliases identified. Additional name searches shall be billed to TDA per alias, as outlined in Exhibit C, Cost Proposal; and

15) TDA reserves the right to refer applicants who may have questions regarding their report (i.e. Criminal Background Check, Qualifications Check, etc.) directly to Contractor furnishing the background check report(s). Contractor must provide contact information to whom these inquiries can be referred. This contact information will include employee name and contact information.

Contractor shall provide written (via email to the designated TDA F&N Staff) summary reports identifying the following (potentially) disqualifying criteria as applicable:

1) Fraud;

2) Anti-trust violation;

3) Embezzlement;

4) Theft;

5) Forgery;

6) Bribery;

7) Falsification or destruction of records;

8) Making false statements;

9) Receiving stolen property;

10) Obstruction of justice;

11) Bankruptcy; and

12) Any additional legal information that indicates a security risk or possible issue in the receipt, administration and/or general utilization of government funds and/or programs benefits (example: disqualification from participation in any government funded/ sponsored program, etc.)

The summary report shall include all the following information:

1) Provide the full name of the individual, including any potential aliases, as well as the street address and date of birth of the individual or entity being subjected to the background checks;

2) Type of disqualifying factor, i.e., fraud, anti-trust violation, theft, etc.;

3) Case Number, court and jurisdiction of applicable criminal convictions or civil judgments;

4) Real property or other database that revealed the disqualifying or other factor (such as unsatisfied judgments or liens, credit reports, or bankruptcy, etc.);

5) Identification of all federal and state licensing records, property records, tax records, court records, and incarceration records that revealed disqualifying factors;

6) Upon request of an Applicant, the Contractor must furnish and deliver report(s) to the applicant at no cost to TDA;

7) If TDA is not satisfied with the report due to major grammar issues, insufficient information, incomplete information pertaining to information in the packet, or errors as determined by TDA, the report will be sent back to Contractor for corrections at no additional cost. Corrections must be completed and returned to TDA no later than five (5) business days after receipt; and

8) Any other information revealed in the background check that Contractor or TDA, upon TDA’s request, deems necessary for the summary report to better inform TDA.

NOTE: Summary reports will typically be requested for individuals; requests for summary reports pertaining to (an) entity/entities may be requested as well. Contractor shall be able to provide summary reports regardless of whether a report is requested for an individual or for an entity classified as a business and/or organization. The foregoing categories are not exhaustive. The Contractor shall not provide additional background information not relevant to the foregoing criteria.

Generally, a comprehensive background search will include a review of applicable databases or records in jurisdictions (state, counties, cities, and foreign countries) a person has lived or worked in during the past seven (7) years. The summary report provided to TDA must include all convictions, whether civil or criminal.

TDA expects Contractor to trace Social Security numbers through credit bureau fraud databases and provide a summary of those findings. The results of the fraud search must be compared with the criminal records search and included in the summary report provided to TDA.

Records pertaining to background checks or screenings must be maintained and stored for a minimum of seven (7) years by Contractor, and such records must not be discarded or destroyed before TDA gives written authorization for disposal. Once the background check has served the purpose for which it was obtained, all records (including electronic data) shall be destroyed and disposed of in accordance with applicable federal and state laws. Upon TDA’s direction, Contractor shall destroy all applicable records, including electronic data, in accordance with TDA specifications and applicable state and federal law. Contractor will be provided with the TDA destruction schedule upon Contract award(s), if any.

Background checks must be completed within one to two (1-2) business day(s) of TDA’s official request for the information. If Contractor anticipates that a background check will take longer than two (2) days from the time the official request was submitted to process, Contractor must obtain TDA’s written consent from designated TDA staff to the delay, inclusive of an agreed to date, time, and TDA contact person(s) that the summary report will be delivered via mail to the TDA F&N Austin, Texas office location, or via email to PES.Staff@TexasAgriculture.gov. Absent written consent to a delay from TDA, Contractor will not be paid for services that take longer than two (2) business days to process and complete.

REPORTING REQUIREMENTS

Contractor shall maintain records, collect data, and provide reports as requested by TDA. Any reports requested will be submitted via email to designated TDA staff. TDA may utilize these reports as part of its review and oversight of Contractor’s performance.

NOTE: Initial reports will be due no later than three (3) months after the initial Contract resulting from this IFB has been executed, if any, and no sooner than (two) 2 months after the Contract resulting from this IFB has been executed; each subsequent report will be due within three (3) months of the report provided previously thereafter.

Contractor shall submit the following reports to TDA that contain all the following information:

1) Quarterly project activity reports that detail the number of TDA services provided and outcomes achieved;

2) Quarterly accounting reports that track Contract expenditures; and

3) Quarterly reports on caseloads, information regarding employee training, and a description of supervisor and provider staff working on the Contract.

Cost Adjustment Pricing shall remain firm for the initial term of the Contract. After the initial term of the Contract, price adjustments may be requested at the time of renewal based upon the escalation schedule outlined in Exhibit C, Cost Proposal.

contract term

a. Initial Contract Term:

The Contract shall commence on the 9/01/2026 and continue through 8/31/2027, unless terminated earlier under the terms of the Contract. Any work done outside of the period of performance shall be provided at no cost to TDA.

b. Renewal Option:

The Contract may be renewed for up to three (3) consecutive 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 One (1): September 1, 2027, through August 31, 2028 Option Year Two (2): September 1, 2028, through August 31, 2029 Option Year Three (3): September 1, 2029, through August 31, 2030 TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

c. Termination:

The Contract, if any resulting from the award of this IFB, shall terminate upon full performance of all requirements contained in the Contract, unless otherwise renewed, as provided in accordance with the Contract terms and conditions.

Invoicing Contractors must submit payment requests based on work completed in accordance with the statement of work and deliverables. Invoices must be submitted within thirty (30) days after delivery service. Each invoice must display the Purchase Order number, include details for each expense consistent with the solicitation requirements, acceptance date of the delivery, provide any discount for early payment, and provide any other information requested by TDA.

A. Invoice Submission Contractor 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.

B. INVOICES MUST INCLUDE:

i) Name of Contractor exactly as shown on the Contract, Texas Identification Number (TIN), and correct "Remit to" address;

ii) Receiving entity name;

iii) Contract/Purchase Order number;

iv) Description, quantity, unit of measure, unit price, extended price of each item;

v) Total price;

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

vii) Attach supporting documentation, if required.

C. Payment:

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

ii) 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 the Contract provided, however, payment shall be made for those services which were performed in accordance with the Contract;

c) Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TDA has made payment to Contractor; and

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

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

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

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

9 No exclusivity in award

There shall be no exclusivity under any Contract awarded pursuant to the terms of this IFB. TDA may re-solicit the services under this IFB at any time for any reason if it is in the best interests of TDA, or the State 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 Bidders through a posting on the Electronic State Business Daily as an Addendum.

Addendum Posted on the Electronic State Business Daily (ESBD)

8/4/2026 (estimated)

Ending Date of Contract:

8/31/2027

1. inquiries

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

Rhonda Gips E-mail: Rhonda.Gips@TexasAgriculture.gov Texas Department of Agriculture 1700 N. Congress, 11th Floor Austin, TX 78701

All Bidders shall make no contact concerning this solicitation with other TDA personnel, except as permitted by the point of contact. 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.

1. Questions and Clarifications:

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

1. CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

To ensure that no prospective Bidder may obtain a competitive advantage because of acquisition of information unknown to other prospective Bidders, TDA will provide any additional information that is different from or in addition to, information provided in the IFB 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.gov/esbd. Names of prospective Bidders will be removed from questions in the responses released. TDA reserves the right to amend answers prior to the response submission deadline. If prospective Bidders 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 ESBD for updates to the procurement prior to submitting a response. Bidder’s failure to periodically check the ESBD will in no way release the selected Bidder from “Addenda or additional information” resulting in additional costs to meet the solicitation requirements.

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

1. 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 Bidder. Bidder 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.

1. SUBCONTRACTING AND VETHUB SUBCONTRACTING PLAN

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

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

2) In accordance with Texas Government Code, §2161.252 and Texas Administrative Code, Title 34, §20.14, TDA has determined that subcontracting opportunities are probable under the 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, and other factors. TDA estimates the value of the Contract to be greater than $100,000 and further sets the VetHUB subcontracting goal at 26% of the Contract’s value.

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

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

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

3) VetHUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Reports (PAR’s). Per 34 Texas Administrative Code §20.285(6)(g), the Contractor shall submit a Progress Assessment Report to the state agency with each invoice, in the format required by the Texas Comptroller. A state agency may, at its option, allow electronic submissions of the compliance report required by this subsection so long as the electronically submitted compliance reports are in the format and contain all information required by the Comptroller. The Progress Assessment Report shall be a condition for payment. TDA may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

1. 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 Bidder.

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

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

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

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

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

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

· 7/24/2026

· Microsoft Teams meeting

· Join: https://teams.microsoft.com/meet/260089867540120?p=BXqe7epKtgm3ilZKCo

· Dial in by phone

· +1 512-910-3546,,819410773# United States, Austin

· (833) 213-7037,,819410773# United States (Toll-free)

· Find a local number

· Phone conference ID: 819 410 773#

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

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

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

1. SOLICITATION RESPONSE COMPOSITION AND DELIVERY

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

The solicitation response, including all documentation required by this solicitation and Appendix, must be sent in its entirety in one (1) or more e-mails as warranted by the size of each attachment.

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

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

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

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

TDA takes no responsibility for e-mailed solicitation responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TDA anti-virus or other security software.

3) Additional Information Regarding Electronic Submission by E-Mail All documents should be submitted in Microsoft Office® formats (Word® and Excel®, as applicable) or in a form that may be read by Microsoft Office® software. Any documents with signatures shall be submitted as an Adobe® portable document format (pdf) file, or DocuSign. TDA is not responsible for documents that cannot be read or converted. Unreadable responses may be, in TDA’s sole discretion, rejected as nonresponsive.

4) E-mail Attachment Naming Convention Respondents must name e-mail attachments in accordance with Response Submission Checklist, Section VIII.

Example: Bidder’s Execution of Offer, Terms and Conditions and Bid Preferences may be submitted in PDF format with PDF name of Exhibit A.pdf.

5) All required forms must be electronically signed or manually signed with scanned signatures;

6) By submitting a bid, permission to edit, print, copy, and distribute as authorized under public information or other laws is given to TDA. Two (2) versions of the bid must be submitted on approved electronic media as described below.

A. One (1) original bid, that includes all attachments (Original bid) and identifies claimed proprietary or confidential information, if any, by highlighting such claimed information and clearly labeling it as proprietary, confidential, or both in a comment. The Original bid must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

B. One (1) redacted copy of the entire bid that makes the claimed confidential or proprietary information, if any, unreadable. Redaction can be made in MS Word™ by highlighting the confidential words in black. Adobe™ also has a redaction feature. If no proprietary or confidential information is claimed in the original bid, then submission of a copy of the original bid with redactions is not required.

C. TDA will not be held responsible for any solicitation response that is mishandled prior to receipt by TDA. It is Bidder’s responsibility to mark appropriately and deliver the solicitation response to TDA by the specified date and time. TDA will not be responsible for any technical issues that result in late delivery, inappropriately identified documents, or other submission errors that may lead to disqualification (including substantive or administrative) or nonreceipt (in whole or in part) of the Bidder’s response.

4. Confidential or Proprietary Information

1) Public Information Act A. Bidder Requirements Regarding Disclosure Proposals and any resulting contracts are subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. Other legal authorities also require TDA to post certain contracts and solicitation responses on its public website and to provide such information to the Legislative Budget Board for posting on its website.

TDA will strictly adhere to the requirements of the PIA regarding the disclosure of public information. As a result, by participating in this solicitation process, Bidder acknowledges that all information, documentation, and other materials submitted in the Solicitation Response in response to this Solicitation may be subject to public disclosure under the PIA. TDA does not have the authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the PIA and by rulings of the Office of the Texas Attorney General. TDA assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Bidder.

Under the PIA, all information held by governmental bodies is open to public disclosure unless it falls within one (1) of the PIA's specific exceptions to disclosure. Bidders submit Exhibit N, Confidential or Proprietary Information as part of their solicitation response. If Bidder asserts that information provided in its Solicitation Response is exempt from disclosure under the PIA, Bidder must:

i) Mark Original Bid

a. Mark the Original Bid, on the top of the front page, the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION” in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger); and

b. Mark the bottom of each page on the Original Bid that contains information Bidder claims is exempt from public disclosure with the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION”.

Certify in Original Solicitation Response – Certify in Original Solicitation Response – Table for Contents and Bid, and this Solicitation Certify, in the designated section of the Contract Affirmations, Bidder’s confidential information assertion and the filing of its Public Information Act Copy.

i) Submit a separate “Public Information Act Copy” of the Original Bid (in addition to the original and all copies otherwise required under the provisions of this Solicitation). The Public Information Act Copy must meet the following requirements:

a. The copy must be clearly marked as “Public Information Act Copy” on the front page in large, bold, capitalized letters (the size of, or equivalent to, 12-point Times New Roman font or larger);

b. Each portion Bidder claims is exempt from public disclosure must be redacted (blacked out);

c. The copy must contain contact information for a named individual designated to respond to inquiries regarding public information requests, including a phone number and e-mail address, so that TDA may contact Bidder concerning any public information requests it receives for Bidder’s Proposal; and

d. The only difference in required markings and information between the Original Proposal and the “Public Information Act Copy” of the proposal will be redactions - which can only be included in the “Public Information Act Copy “and contact information for a named individual designated to respond to inquiries regarding public information requests. There must be no redactions in the Original Proposal.

B. Bidder should not submit a Public Information Act Copy indicating that the entire proposal is exempt from disclosure. Merely making a blanket claim that the entire proposal is protected from disclosure because it contains any amount of confidential, proprietary, trade secret, or privileged information is not acceptable. By submitting a response to this Solicitation, Bidder agrees that, if Bidder does not mark the Original Proposal contains information claimed as proprietary, confidential, or both; provide the required certification; and submit a Public Information Act Copy, Bidder’s Solicitation Response may be considered to be public information that may be released to the public without notice to the Bidder.

C. For more information concerning the types of information that may be withheld under the PIA or questions about the PIA, refer to the Texas Public Information Act Handbook published by the Office of the Texas Attorney General (OAG) or contact the OAG’s Open Government Hotline at (512) 478-OPEN (6736) or toll-free at (877) 673-6839 (877-OPEN TEX). To access the Texas Public Information Act Handbook, visit the OAG’s website at http://www.texasattorneygeneral.gov.

D. Solicitation Responses should not be marked or asserted as copyrighted material. If Bidder asserts a copyright to any portion of its bid, by submitting a bid, Bidder agrees to reproduction and posting on public websites by the State of Texas, including TDA and all other state agencies, without cost or liability.

4. DELIVERY OF RESPONSES

1) Responses shall be returned via e-mail to bidroom@texasagriculture.gov. Late responses will not be considered under any circumstance.

2) Bidders are responsible for all costs of response preparation.

3) Telephone and facsimile responses are NOT acceptable forms of submission. All submitted responses become the property of TDA after the IFB submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TDA, whichever is earlier.

1. Exceptions Texas Department of Agriculture will not consider responses that reflect exceptions, reservations, or limitations to the terms and conditions of the solicitation. Bids that contain exceptions to the specifications, deliverables, or standard terms and conditions of this IFB will be disqualified.

Section III – Solicitation Response, Evaluation and Award Process

1. EVALUATION CRITERIA

6. Conformance with State Law Responses shall be evaluated in accordance with Title 10, Subtitle D, Chapter 2155, Sections 2155.074, 2155.075(a), and 2155.144; and Chapter 2156, Section 2156.007, Texas Government Code; and Chapter 2157, section 2157.003.

Sections 2155.074 and 2156.007 provide the best value standard for the purchase of goods or services and for the award, which includes consideration of the purchase price and whether Respondent meets all requirements of this solicitation. TDA shall not be obligated to accept the lowest priced solicitation response but shall make an award to Respondent that provides the best value to the State of Texas.

6. Qualifications AND EXPERIENCE

1) Eligibility to do Business in the State of Texas Prior to contract award under this solicitation, Contractor must:

A. Have a current Texas Identification Number issued by the Texas Comptroller of Public Accounts (CPA);

B. Be current in all required business filings, including franchise tax filings, with the CPA and the Texas Secretary of State;

C. Be current in the payment of all local or State of Texas taxes and fees; and D.