ESBD_542023_1784826248605_RFO 5510001059 Intranet Quorum Software Maintenance.docx

Intranet Quorum (IQ) Support Services and Software Maintenance

REQUEST FOR OFFER (RFO)

DATE ISSUED

7/23/2026

Respondent must submit sealed response no later than 3:00 PM CT on 8/17/2026, to the following address:

Attention: bidroom@texasagriculture.gov For information contact:

Phyllis Benitez, CTCD, CTCM Phone: (512)-463-7493 E-mail: phyllis.benitez@texasagriculture.gov

RESPONSE (Respondent must fully complete)

ACKNOWLEDGMENT OF ADDENDA:

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

NAME AND ADDRESS

OF RESPONDENT:

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

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

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

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

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Texas Department of Agriculture

PCO 805 RFx Template Version 5.3 Revision 06.26.2026

Table of Contents

PCO 805 RFX Template Page 2 of 2 Version 5.3 Revised 06.26.2026

SECTION I – INTRODUCTION AND STATEMENT OF WORK

INTRODUCTION

The Texas Department of Agriculture (TDA or Department), an agency of the State of Texas, issues this REQUEST FOR OFFER (RFO) to solicit responses from qualified Respondents for Intranet Quorum (IQ) Support Services and Software Maintenance, as described in this 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.

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.

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

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

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

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

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

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

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

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

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.

The issuing office believes that the requested items in this request for offers may be proprietary to one vendor under Section 2155.067 of the Government Code; however, the issuing office strongly encourages offers from all qualified respondents that may be able to provide the requested items.”

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 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 OFFER (RFO) .

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

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.

21) TX-RAMP-The Solution shall have and maintain Level 2 Certification from the Texas Risk and Authorization Management Program (TX-RAMP) during the term of the contract. Successful Respondents shall comply with TX-RAMP requirements of.

Scope of Work/Specifications TDA is seeking an offer(s) from respondents to provide comprehensive Intranet Quorum (IQ) Support Services and Software Maintenance. TDA will oversee all performances as further described in this Statement of Work (SOW).

The Texas Department of Agriculture needs a vendor to provide an Intranet Quorum licensing to maintain an existing implementation which includes:

Goals and Objectives The goal of this solicitation is to obtain services from a contractor who will provide the requested licenses/services to maintain our current environment for FY27 and optional renewal years. A Successful respondent will provide the following:

5.1.1 Two (2) IQ Project Manager/ Supervisor (Leidos Part Number: GSA-H-IPM)

5.1.2 Two (2) IQ Senior Network Engineer (Leidos Part Number: GSA-H-SNE)

5.1.3 Fifteen (15) IQ Enterprise Support (Leidos Part Number: GSA-H-ISS)

5.1.4 One (1) Software Maintenance Annual Upgrade Subscription (Leidos Part Number: GSA-U-AUS) Deliverables 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:

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

PROJECT PLAN – PRICE TO VALUE/BEST VALUE

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

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

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

1) A description of the project organization;

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

3) Expected dependencies that exist within the Project plan;

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

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

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

INVOICING AND PAYMENT

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

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

Invoices must include:

1) Name of Contractor: Exactly as shown on the Contract;

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

3) Correct "Remit to" address: Must be accurate for proper 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.

Payment:

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

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

a. Contractor is in breach of the Contract;

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

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

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.

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;

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

3) Make appropriate individuals available 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

6) Assist in promoting Contractor deliverables to the public.

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

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

Contractor shall adhere to the following policy: N/A

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

Contractor shall ensure that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Example (Calculation):

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

Descriptions (All Items)

The effective date/month of the last approved price increase or renewal option exercised whichever is later.

The allowable percentage change must be calculated as follows:

Formula

B-A ÷ A x 100% = Percent of allowable price increase or decrease

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.

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

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

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

2) all reports have been delivered and accepted;

3) all administrative actions have been accomplished;

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

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

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

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

8) final payment has been made to the contractor.

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

contract term Initial Contract Term:

The Contract shall commence on the Effective Date and continue through 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.

Renewal Option:

The Contract may be renewed for up to one (1) 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: September 1, 2027, through August 31, 2028 TDA may exercise an option to renew upon thirty (30) calendar days’ prior written notice to Contractor.

Termination:

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

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

SECTION II – ADMINISTRATIVE INFORMATION

1. SCHEDULE OF EVENTS

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

Solicitation Publication on posted on the Electronic State Business Daily (ESBD) the Electronic State Business Daily (ESBD) at:http://www.txsmartbuy.com/esbd 7/23/2026

Addendum Posted on the Electronic State Business Daily (ESBD)

8/6/2026 (estimated)

Ending Date of Contract:

8/31/2027

INquirIes 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:

Phyllis Benitez, CTCD, CTCM E-mail: phyllis.benitez@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.

Questions and Clarifications:

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

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

CHANGES, AMENDMENT OR MODIFICATION TO SOLICITATION

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

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

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

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

SUBCONTRACTING AND VETHUB SUBCONTRACTING PLAN (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.

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:

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 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.

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

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

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

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

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

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

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

Questions or Requests for Clarification The questions and requests for clarifications must be submitted on Exhibit E of this solicitation.

a. TDA reserves the right to amend the answers previously posted at any time prior to the Response Deadline or deadlines established in subsequent Addenda. Amended answers will be posted on the ESBD in a separate, new Addendum or Addenda.

SOLICITATION RESPONSE COMPOSITION AND DELIVERY

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

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

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

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

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

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

a. Respondent’s name;

b. Contact Name for Respondent;

c. Phone number for Respondent’s Contact;

d. Solicitation number from cover page; and

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: Respondent’s Execution of Offer, Terms and Conditions and Proposal 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 proposal, permissions to edit, print, copy, and distribute as authorized under public information or other law is given to TDA. Two (2) versions of the proposal must be submitted on approved electronic media as described below.

a. One original proposal, that includes all attachments (Original Proposal) 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 Proposal must be in portable document format (PDF) or Microsoft Word and accessible (no password) to TDA staff.

b. One redacted copy of the entire proposal 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 Proposal, then submission of a copy of the Original Proposal 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 Respondent’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 error that may lead to disqualification (including substantive or administrative) or nonreceipt (in whole or in part) of the Respondent’s proposal.

Confidential or Proprietary Information

1) PUBLIC INFORMATION ACT

a. Respondent 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 authority also requires 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, Respondent 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 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 Respondent.

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

i) Mark Original Proposal

(1) Mark the Original Proposal, 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

(2) Mark the bottom of each page on the Original Proposal that contains information Respondent claims is exempt from public disclosure with the words “CONTAINS CONFIDENTIAL OR PROPRIETARY INFORMATION.”

ii) Certify in Original Solicitation Response – Table of Contents and Proposal, and this is certified in the Solicitation, in the designated section of the Contract Affirmations, Respondent’s confidential information assertion and the filing of its Public Information Act Copy;

iii) Submit a separate “Public Information Act Copy” of the Original Proposal (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:

(1) 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);

(2) Each portion Respondent claims is exempt from public disclosure must be redacted (blacked out);

(3) 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 Respondent concerning any public information requests it receives for Respondent’s Proposal; and

(4) 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. Respondent 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, Respondent agrees that, if Respondent 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, Respondent’s solicitation response may be considered to be public information that may be released to the public without notice to the Respondent.

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 Respondent asserts a copyright to any portion of its Offer, by submitting an Offer, Respondent agrees to reproduction and posting on public websites by the State of Texas, including TDA and all other state agencies, without cost or liability.

DELIVERY OF RESPONSES

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

Respondents are responsible for all costs of response preparation.

Telephone and facsimile responses are NOT acceptable forms of submission. All submitted responses become the property of TDA after the solicitation submittal due date/ deadline. Responses submitted shall constitute an proposal for a period minimum of ninety (90) days or until selection is made by TDA, whichever is earlier. Proposals, if accepted, shall remain valid for the life of the Contract.

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

Section III – Solicitation Response Evaluation and Award Process

1. Administrative Review of responses Pass/fail Criteria Compliance with applicable provisions of §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Tex. Gov't Code. Only responses that are responsive to the solicitation are evaluated. The administrative review is conducted on a “pass/fail” basis criteria below:

1) All Exhibits received and signed:

A. Exhibit A- Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences;

B. Exhibit B – VetHUB Subcontracting Plan (SP);

C. Exhibit C – Cost Proposal;

D. Exhibit F – Financial and Organizational Capacity;

E. Exhibit H – Key Contracting Persons Disclosure Statement must be signed;

F.…