ESBD_File_238623_RFP 551-02022 Dallas Storage Facilty ESBD.pdf

Dallas Storage Facility RFP 551-01601

TEXAS DEPARTMENT OF AGRICULTURE

REQUEST FOR PROPOSALS

FOR

STORAGE FACILITY

Texas Department of Agriculture Stephen F. Austin Bldg.

1700 North Congress Avenue Austin, Texas 78701

RFP/Requisition Number: 551-01601

DALLAS STORAGE FACILITY

DATE ISSUED: May 14, 2021

PROPOSAL/RESPONSE DUE: 3:00 P.M., CT June 18, 2021

NIGP Class-Item Codes:

971-70 Storage Space Rental or Lease

Lead Purchaser Jeffrey Trevathan, CTCP

(512) 512-5417 Jeffrey.Trevathan@TexasAgriculture.gov

The State of Texas has certain required terms and conditions for contracting. Please read the sample provided in this solicitation. You will have an opportunity to identify any exceptions but taking an exception to a term or condition required by law may result in a determination that the proposal is non-responsive.

SECTION 1 – INTRODUCTION AND GENERAL INFORMATION

1.1 PURPOSE OF THE REQUEST FOR PROPOSALS

The purpose of this Request for Proposals (RFP) is to solicit a competitively negotiated contract with one Vendor to provide rental services of a storage facility located in Dallas Texas as needed by the Texas Department of Agriculture’s (TDA) Trade and Business Development Division. Period of performance: From contract award through August 31, 2022 with three (3) renewal options.

1.2 DEFINITIONS

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

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

Business Day means any day except a state of Texas holiday, a TDA holiday, a Saturday, or a Sunday. “Business Days” is the plural form of “Business Day.”

Contract means the final written agreement signed and dated by TDA and the Respondent(s) selected for an award as a result of this RFP, and includes the RFP and all attachments, the proposal(s) of any Respondent(s) selected for an award, any appendices, schedules, or special provisions incorporated into the Contract.

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.

Contractor means an entity or individual selected for an award as a result of this RFP, which enters into a Contract to complete the Scope of Work described in this RFP and the Contract.

Effective Date means the date TDA's Deputy Commissioner or duly authorized designee signs and dates the Contract.

Key Personnel means all manager or supervisory personnel identified by Contractor who have the responsibility of carrying out and completing the Project to TDA’s satisfaction. Respondent shall identify all Key Personnel in its proposal.

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

Proposal means a response submitted to TDA as a result of this RFP.

Respondent means an entity or individual that submits a Proposal.

“RFP” means this Request for Proposals.

Scope of Work means the deliverables, services and work set out and defined in the Contract and described in Section 2 of the RFP.

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

Dallas Storage Facility RFP 551-01601

1.3 BACKGROUND INFORMATION

The Texas Department of Agriculture (TDA) has leased a storage facility in Dallas Texas for numerous years to house furniture, equipment, signage, and materials for use at the GO TEXAN Pavilion located in Fair Park. In addition, the items stored at this location are utilized across the state for events such as stock shows, rodeos, festivals, and other opportunities on an annual basis.

1.5 Legal Authority

This RFP is issued pursuant to TDA's authority in Chapter 12 of the Texas Agriculture Code and pursuant to Texas Government Code, Title 10, Subtitle D, Chapter 2156, Subchapter C, Sections

2156.121 – 2156.127. Competitive sealed proposals will be received until the deadline set forth below in this RFP. Pursuant to Section 2155.131 of the Texas Government Code and 34 TAC

§20.82, the Office of the Texas Comptroller of Public Accounts (CPA) has delegated authority to

TDA to publish this RFP and make an award as provided below.

1.6 CONTRACT TERMS; RENEWALS; NO EXCLUSIVITY

The term of any contract awarded under this RFP, shall be from the date a contract is finalized through August 31, 2022. Unless terminated in accordance with the provisions of this Contract, TDA has the option to renew the Contract for up to three (3) consecutive additional one (1) year periods, one year at a time, with the term of each such renewal option commencing on September

1 following the expiration of the preceding one-year term of the Contract. Upon renewal of this

Contract, a contract amendment will be reduced to writing and executed by all parties. In case of a renewal or extension, all original contract terms and conditions survive the termination or expiration of the initial contract term.

Upon renewal or extension of this Contract, TDA reserves the right, which it may exercise in its sole and absolute discretion, to increase or decrease the Contract's budget or annual not-to-exceed amount. If a contract renewal or extension amendment increases the Contract budget or annual not-to-exceed amount by more than 25% of the preceding year's Contract budget or annual not-to-exceed amount, TDA may be required to republish a solicitation for the goods or services that are the subject of this Contract, using competitive bidding or other approved form of competitive procurement, because such increase may constitute a material change under the circumstances.

There shall be no exclusivity under any contract awarded pursuant to the terms of this RFP. TDA may re-solicit the services under this RFP at any time for any reason if it is in the best interests of

TDA, the program, or the State to do so.

The parties shall manage changes to this Contract through an amendment.

Any proposed amendment to work to be performed, whether initiated by TDA or the Respondent must receive final written approval in the form of a contract amendment and or a Purchase Order

Change Notice (POCN).

1.7 REGISTRATION TO DO BUSINESS IN THE STATE OF TEXAS

Any Respondent selected for an award under this RFP must have a current Texas Identification

Number issued by the Texas Comptroller of Public Accounts (CPA), and must be current in all required filings, including franchise tax filings, with the CPA and the Texas Secretary of State.

Respondent must be current in the payment of all local or State of Texas taxes and fees.

Additionally, all foreign entities defined by Section 1.002(28) of the Texas Business Organizations

Code must be registered to do business with the State of Texas as required by Chapter 9 of the

Dallas Storage Facility RFP 551-01601

Code. Failure to meet the requirements in this Section 1.5 shall result in disqualification of the

Proposal and/or termination of an award or Contract resulting from this RFP.

1.8 DEADLINE FOR PROPOSALS

Proposals must be received no later than:

- 3:00 P.M. Central Time (CT), June 18, 2020

Hard copy proposals and samples shall be delivered to:

Texas Department of Agriculture

Stephen F. Austin Bldg.

Attention: Jeffrey Trevathan, CTCP

1700 N. Congress Avenue, 11th Floor

Austin Texas, 78701

Proposals shall reference the solicitation number: RFP/Requisition Number: 551-01601. Proposal packages must be marked with “CONFIDENTIAL”, and the RFP number in large font on the outside of the package.

All times are Central Time and dates are subject to change. Proposals may be modified or withdrawn at any time prior to the proposal due date. No changes will be allowed after the proposal due date and time.

TDA in its sole discretion determines the official time and place for purposes of receiving proposals.

TDA will not consider for any reason late proposals, or proposals not delivered to TDA staff in its offices. All submitted proposals become the property of TDA after submission by the deadline.

Facsimile (FAX) or email transmissions of proposals are not acceptable methods of responding to this RFP, and such will not be accepted under any circumstances.

1.9 STANDARD PROPOSAL REQUIREMENTS

Proposal content and formatting requirements are in Section 3.1. Failure to meet these conditions may result in disqualification of the proposal, in which case the proposal will receive no further consideration.

Failure to provide all required information, certifications, and signatures requested in this solicitation shall result in disqualification of the proposal.

TDA will not provide or make available photocopying services to any Respondent. Respondents may not rely upon or request TDA to make the requisite number of copies of proposals or attachments. Additions to or replacements of proposals will not be accepted after the deadline.

TDA reserves the right to reject any and all proposals and to negotiate portions thereof including cost or budget. TDA reserves the right to select the best proposal considering the outcomes desired. Respondent shall furnish such additional information as required by TDA for evaluation of the proposals.

1.10 SCHEDULE OF EVENTS/CRITICAL DATES

The schedule of events for this RFP is provided below. TDA reserves the right to adjust the schedule as events may require.

SCHEDULE OF EVENTS DATE

Publication of RFP in the Electronic State Business Daily (ESBD) at http://www.txsmartbuy.com/esbd May 14, 2021

Deadline for Submitting Questions to TDA, no later than 5:00 P.M., CT MAY 26, 2021

TDA’s Official Response to Questions Posted on the ESBD June 03, 2021

PROPOSAL/RESPONSE DUE: 3:00 P.M., CT June 18, 2021

Evaluation Process, Oral Presentations, and/or negotiations June 22, 2021

Selection of Contractor(s) Jun 30, 2021

Estimated Contract Award Date July 15, 2021

Beginning date of Contract and commencement of work September 01, 2021

Ending date of Contract and final product submitted to TDA 08/31/2022

Any amendment to this solicitation will be posted as an addendum on the ESBD. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. Respondent’s failure periodically to check the ESBD will in no way release the Respondent from the requirements of “addenda or additional information” nor will any resulting additional costs to meet the requirements be allowed after award(s). Proposals are irrevocable for 90 calendar days from the deadline for submission. This period may be extended at TDA’s request upon written request to Respondent.

1.11 POINT OF CONTACT/INQUIRIES/IRREVOCABILITY

Respondents shall direct all inquiries and communications concerning this RFP to the Point of Contact listed below in writing by email. Any person wishing to obtain clarifying information concerning this RFP shall contact:

Jeffrey Trevathan, CTCP Segundo Sanchez, CTCM Lead Purchaser Senior Purchaser

Texas Department of Agriculture Texas Department of Agriculture Phone: (512) 463-5417 Phone: (512)-463-7499

Respondents shall use Attachment 5 formatted as EXCEL for submitting questions regarding the RFP. Respondents may submit questions as directed by the RFP commencing on the date of publication through the deadline for submitting questions noted in the RFP.

Respondents shall make no contact with other TDA personnel regarding this RFP, except as permitted by the TDA Purchaser as listed above. Failure to comply with these requirements may result in disqualification of the Respondent's Proposal. If a contract is awarded under this RFP, Contractor shall communicate with the Project Manager or other TDA employee designated for management of the Contract.

Dallas Storage Facility RFP 551-01601

SECTION 2 – STATEMENT OF WORK (SOW); SPECIFICATIONS; DELIVERABLES

2.1 STATEMENT OF WORK

TDA is seeking a qualified vendor to provide all services required for effective management and maintaining of the storage facility. This RFP provides an outline of the service specifications and requires that all Respondents provide information about their organization’s viability, experience, and capability to successfully perform and provide the requested services according to the following specifications, deliverables, and other requirements.

2.2 SPECIFICATIONS

TDA requires a storage facility that is within 10 miles of the GO TEXAN Pavilion, located at 1233 Washington St. Dallas Texas 75210, within Fair Park to allow for timely transport of furniture, equipment, signage, and materials to and from the Pavilion. The square footage must be at least 1965 available solely for the use of TDA to contain the numerous and sizes of the items.

a. The storage facility must be accessible by forklift to move the pallets of equipment and materials in and out of facility. In addition, the facility must be accessible by trucks and trailers to load in and out of the facility.

b. The storage facility must be in one location and not separate units. The required 1965 square feet must be on one building with no walls or separation. The storage facility layout and size are necessary to allow for containing and movement of the furniture, equipment, signage, and materials.

c. The side walls must be at least 16’, the center top must be at least 20’ and the door/entrance to the building must be a least 16’ wide.

d. Contractor must maintain a secure facility and property, that protects the TDA contents from destruction from elements.

e. Contractor must provide proof of Liability Insurance to cover destruction of TDA contents from the elements.

2.3 VENDOR RESPONSIBILITIES

A. CONTRACTOR MINIMUM QUALIFICATIONS

1. Contractor must demonstrate qualifications, such as, but not limited to:

a. Experience in providing all services required for effective storage rental.

b. Relevant experience of Vendor designated key personnel.

c. Experience working with state agencies.

d. References

e. Skill level of project manager

f. Financial stability of firm

g. Reputation/performance of firm

h. Price

B. CONTRACTOR REQUIREMENTS

1. Contractor will provide the services to the following specifications and standards.

a. Budget

b. Period of Performance

c. Services

Dallas Storage Facility RFP 551-01601

d. Location

e. Timing

f. Communication

g. Invoicing

h. Quality Assurance

2.4 TDA RESPONSIBILITIES

a. Provide Contractor with access to all necessary and appropriate TDA and Contractor executed documents.

b. Appoint a Project Manager to be the single point of contact for Contractor and to provide direction for executing these Specifications and Requirements.

2.5 DELIVERABLES.

The awarded Contractor must complete, to the complete and full satisfaction of TDA, the following deliverables:

a. Contractor must provide at least a 1965 square foot facility that is contained in location and allows for movement of large pallets within the facility.

b. Contractor must provide a forklift accessible facility, as well as truck and trailer accessible.

c. Contractor must maintain a secure facility and property.

d. Contractor will provide a facility that protects the TDA contents from destruction from elements.

2.6 ACCEPTANCE CRITERIA

General Requirements

All deliverables must be produced in and delivered to TDA in a digital or electronic format, or as otherwise as specified by TDA. At a minimum, the formats must meet industry-accepted standards, such as MS Word, MS PowerPoint, or Adobe Creative Suite.

Each deliverable will be complete when the TDA Contract Manager has approved same in writing and acknowledged that the deliverable meets the criteria agreed upon and specified for that deliverable.

2.7 INVOICING

Contractor must submit its payment requests not more often than monthly upon completion of deliverables or services, as outlined. Invoices must be submitted within thirty (30) days of acceptance of the invoiced work. Contractor must submit a final invoice for all unpaid charges, costs, expenditures, expenses, or fees, of whatever kind or nature, within thirty (30) days of completion. Each invoice must prominently display the Purchase Order number, include detailed tasks for each expense consistent with the Project budget and deliverables, indicate the acceptance date of the deliverables, provide any discount for early payment, and provide any other information requested by TDA.

Invoices must be submitted to invoices@texasagriculture.gov with a copy to the TDA Contract

Manager.

Contractor shall invoice TDA not more often than on a monthly basis, and transmit said invoices to

TDA between the 1st and the 5th of the month. Invoices from subcontractors or third party vendors must be included with Contractor’s invoice, if Contractor seeks reimbursement for goods or service rendered by one or more subcontractors or vendors for the deliverable(s) or service(s) made the subject of Contractor’s invoice. Contractor must include, if Contractor seeks reimbursement for a

Dallas Storage Facility RFP 551-01601 deliverable, service or work accomplished or provided by a subcontractor or vendor, a contact sheet that provides the following information for each such subcontractor or vendor:

a. Contact Name,

b. Contact Phone Number,

c. Company Name,

d. Company Address,

e. Company Email,

f. Company TIN or EIN,

g. TDA or Contractor identifier or client number, and

h. any other information that may be of use to TDA in verifying the accuracy and content of subcontractor or vendor’s invoice, including the charges reflected thereon.

2.8 ACCEPTANCE; PERIOD OF PERFORMANCE

a. Each deliverable created under these Specifications and Requirements will be provided to TDA’s Contract Manager with a Deliverable Acceptance Receipt.

b. This receipt will describe the deliverable and provide the Project Manager with space to indicate if the deliverable is accepted, rejected, or conditionally accepted.

c. When rejecting or conditionally accepting a deliverable, TDA’s Project Manager will provide a written description of all deficiencies that must be corrected for the deliverable to be accepted.

d. Any such written notice shall be sufficient to identify with clarity any objection.

e. The Contactor will have a limited period to affect the changes and that deadline will be included with the list of deficiencies.

All deliverables must meet TDA expectations as described in these Specifications and Requirements before Contractor submits its invoice to TDA.

Dallas Storage Facility RFP 551-01601

SECTION 3 – PROPOSAL FORMAT AND CONTENT REQUIREMENTS

3.1 PROPOSAL FORMAT

All Respondents must submit one (1) printed copy of the proposal and four (3) electronic copies on USB’s formatted as PDF detailed below. Proposals must be submitted in a manner which does not carry any benefit, keepsake, or value for TDA employees who will evaluate proposals or members of any evaluation committee or team appointed by TDA to assist in the evaluation of proposals.

Proposals must be formatted as follows:

1. Printed Copies

a) Formatted and Written on 8 ½” x 11” paper.

b) Three-hole punched OR submitted in three ring binders.

b) Sequentially numbered pages from front to back. (1, 2, 3, etc.).

c) Tabs between each Section, in sequence as detailed in Section 3.2.

2. Electronic Copies

a) One unmarked copy of the entire proposal (including all attachments).

b) One marked copy of the entire proposal with claimed proprietary and confidential information clearly identified according to the instructions in Section 3.6.

c) One redacted copy of the entire proposal that covers the confidential or proprietary information claimed in b) above.

Formatted headings that allow for navigation to specific sections electronically. Include section number in each section heading. See above Section 3 heading as an example.

Should a request for the proposal be submitted under the Public Information Act, and should TDA decide in its sole discretion to request an Attorney General’s opinion on the request, the redacted version will be provided to the requestor while the un-redacted version identifying the claimed proprietary and confidential information will be submitted for opinion.

3.2 PROPOSAL CONTENT

The proposal must consist of the following parts:

PROPOSAL

SECTION

DESCRIPTION RFP SECTION

Cover Page Cover Page-Executive Summary / Understanding of Project Goals / Approach

TAB A 1. Assumptions Underlying the Proposal

2. Exceptions Taken to RFP Requirements

Section 3.4 Section 3.5

TAB B Signed Execution of Offer, Affirmation of Terms and Conditions and Proposal Preferences

Attachment 1

TAB C Vendor Information Form Attachment 2

TAB D Cost Proposal Attachment 9

TAB E Financial Responsibility Questionnaire Attachment 4

TAB F Special Provisions “C” Anti-Lobbying Attachment 6

TAB G Special Provisions “B” Debarment Attachment 7

TAB H Value Added Proposal Section 3.3

A duly authorized representative of the Respondent must execute the proposal submitted to this RFP. An unsigned proposal will not be accepted. Incomplete proposals may be rejected as non-responsive.

3.3 PRICING REQUIREMENTS

a. Base Pricing:

Dallas Storage Facility RFP 551-01601

All Respondents must provide a complete, detailed, broken-out and itemized cost proposal.

Respondents should propose an hourly rate/flat fee as indicated in Attachment 9.

Respondents are encouraged but not required to identify areas where costs for requested activities and deliverables could be reduced without sacrificing the quality of the resulting product or services.

Contractors should submit an estimate of the proposed Project price presented in the format provided in the Attachments to this RFP. Do NOT use “TBD” (to be determined) or similar annotations in the areas for price. All blanks must be completed.

All Respondents are encouraged but are not required to submit proposed “value-added” services or components for consideration and evaluation by TDA, with corresponding costs for such additional services. However, value-added services, if any, shall be at the sole discretion of TDA and there is no guarantee of acceptance of any such value-added services or components.

The Contractor’s submitted cost proposal covers all requirements and deliverables unless otherwise specified as a value-added service.

b. Price to Value (include in federally funded procurements)

Respondents must identify all activities/work plans and submit a corresponding budget detailing costs for each activity or line item necessary to meet the solicited requirements and deliverables.

The activity list and detailed budget must be submitted in Excel, or compatible, format. Please See Attachment 9 for preferred fee proposal and schedule template.

Costs must be justified in terms of activities, must be reasonable, consistent with current market price and necessary to accomplish the work outlined in the RFP. The budget must evidence that financial resources are adequately and appropriately allocated among cost categories in a cost-effective and prudent business manner to accomplish the work. Services to be purchased from other agencies, subcontractors, including any amounts subcontracted to HUBs, consultants, and others must be specified. Equipment that will be purchased to provide solicited services must be specified if, either directly or indirectly, it is included in the prices proposed.

c. Added Value

Proposals must include any added value opportunities available through recommended advertisement placed. Added value may include, but is not limited to, free advertisements, bundles or packages with discounts, discounts for early payment, additional “free” or complimentary placements of radio or television spots, including PSAs.

3.4 ASSUMPTIONS MADE IN PREPARING THE PROPOSAL

The posted solicitation will have a period for questions in which Respondents can get clarification on the solicitation. However, if the Respondent makes one or more assumptions in preparing a proposal, the assumptions must be included and explained.

For purposes of submission, TDA assumes that the Respondent has completely read the solicitation and has asked all questions necessary to an understanding of the requirements and obligations prior to submission of the proposal.

3.5 EXCEPTIONS TO THE RFP

All requested information in this RFP shall be supplied. Contractors may take exception to certain requirements, including the terms and conditions, in this RFP. All exceptions shall be clearly identified in this section and accompanied by a written explanation providing a description of the advantages or disadvantages to TDA as a result of the exceptions. TDA, at its sole discretion, may negotiate or reject any exceptions or specifications within the proposal.

If an exception is granted, TDA may also provide other Respondents the opportunity to apply the same exception.

Dallas Storage Facility RFP 551-01601

3.6 SIGNATURE ON RESPONSE

All respondents must sign the “Execution of Proposal” (Attachment A). An unsigned proposal will not be accepted. By signing, Respondent or Respondent’s legally authorized agent represents and warrants that all statements within the proposal are true and correct. Discovery of any false statement in the proposal is a material breach and shall void the submitted proposal or any resulting contracts; in such case, Respondent shall also be removed from all bidder eligibility lists maintained by TDA.

3.7 STATE NOT RESPONSIBLE FOR PREPARATION COST OF SUBMITTING THE PROPOSAL

TDA shall not be liable for any costs incurred in the preparation or submittal of a proposal in response to this RFP and shall not reimburse Respondents for any such cost. Respondents are solely responsible for any expenses related to the preparation or submission of proposals.

3.8 DISCLOSURE OF PROPOSAL CONTENT

TDA will not consider any proposal bearing a copyright. Copyrighted proposals submitted in response to this RFP are subject to immediate disqualification and such proposals, if any, will receive no further consideration.

Proposals are subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. All proposals and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure applies.

If it is necessary for Respondents to include proprietary or otherwise confidential information in proposals or other submitted information, Respondents must clearly label the proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire proposal is protected from disclosure because it contains some proprietary information is not acceptable, and shall make the entire proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of proposals that are considered by Respondents to be proprietary or confidential must be clearly labeled as described below. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA. Subject to the Public Information Act, Respondents may protect trade and confidential information from public release. Trade secrets or other confidential information, submitted as part of a proposal, shall be clearly marked at each page it appears. Such marking shall be in boldface type at least 14 point font.

Pursuant to Section 2261.253 of the Texas Government Code, TDA is required to post electronic copies of the awarded contract and winning proposal on its website. To ensure that there is no release of confidential, privileged, proprietary, or trade secret material contained in Respondent's proposal, Respondent must submit a redacted copy of its proposal for posting on TDA's website, in addition to its responsive copy which identifies confidential, proprietary, privileged and trade secret material in accordance with this Section 3.6. In the event TDA receives a PIA request for Respondent's unredacted proposal, TDA will notify Respondent in accordance with Section 552.305 of the Texas Government Code. However, TDA is not obligated to seek an Attorney General opinion if it determines the material contained in Respondent's proposal is not exempt or protected from disclosure under the PIA. In such event, Respondent may independently pursue its remedies provided under the PIA and applicable Texas Supreme Court precedent.

3.9 NO CONFLICT OF INTEREST

In submitting a proposal in response to this RFP, Respondent represents and warrants to TDA that it and each of its subcontractors have the requisite resources, qualifications, and independence to perform the services free from outside direction, control, or influence, and subject only to the accomplishment of TDA’s objectives. Respondents that cannot make this representation and warranty should not respond to this RFP.

In its proposal, each Respondent must disclose any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to Respondent’s and its

Dallas Storage Facility RFP 551-01601 proposed subcontractors’ submission of a proposal, possible selection as Contractor or its performance of the Contract.

As part of this disclosure requirement, each Respondent must include in its proposal all past and present contractual, business, financial or personal relationships between Respondent and TDA and between Respondent’s proposed subcontractors, if any, and TDA. For purposes of this disclosure requirement, “past” is defined as within the two (2) calendar years prior to the deadline for submission of proposals in response to this RFP. For purposes of this disclosure requirement, “TDA” includes the Commissioner of Agriculture and the agency’s current or recent former employees. “Recent former employee” is an individual who resigned or terminated employment with TDA within the two (2) calendar years prior to the deadline for submission of proposals in response to this RFP. For each item, Respondent must provide a detailed explanation of why Respondent does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Respondent’s submission of a proposal, possible selection as Contractor or its performance of the Contract.

For purposes of this RFP, “personal relationship” is defined as a current or past association other than a clearly contractual, business, financial or similar relationship and includes family relationships or other connections that are more significant than simply providing a response to this RFP. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. Chapter 573 of the Texas Government Code defines relationships that are within the third degree of consanguinity or the second degree of affinity.

Associations other than family relationships fall within this definition and must be disclosed if a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of Respondent’s responsibilities to TDA or the state under the Contract. Connections also fall within the scope and requirements of this section if a reasonable person could expect the connection to create a potential appearance of impropriety or conflict of interest. A relationship between TDA and another State of Texas employee may constitute a conflict of interest if the other State of Texas employee has a relationship with Respondent that could be used to influence an individual with authority to make decisions or recommendations on state contracting, procurement or this RFP. Those persons with authority to make such decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

In submitting a proposal in response to this RFP, Respondent affirms that it has not given, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement.

Respondents must disclose any proposed personnel under the contract who are current or recent former employees of TDA or the State of Texas. Recent former employees are defined above.

Disclosures under this Section 3.7 will be evaluated by TDA. An actual or perceived conflict of interest will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the agency and the State of Texas.

If a Respondent is in doubt about whether information should be disclosed, Respondent should consult with its legal counsel. Failure to disclose any information required under this section may be cause for proposal disqualification or termination of a contract resulting from this RFP. TDA reserves the right, in its sole and absolute discretion, to determine if an issue should result in proposal disqualification or Contract termination.

Respondent has a continuing duty to disclose an actual or perceived conflict of interest if circumstances change or additional information is obtained subsequent to submission of a proposal. A Contractor is under a continuing duty to disclose an actual or perceived conflict of interest as described in this section throughout the term of the Contract and any renewal. The duty to disclose an actual or perceived conflict of interest does not end with submission of a proposal or receipt of contract award.

Pursuant to Section 2252.901 of the Texas Government Code, Respondents shall make full disclosure of a former or retired employee of TDA who an agent, consultant, contractor, or employee of Respondent is, or who Respondent intends to employ or retain as a contractor

Dallas Storage Facility RFP 551-01601 subcontractor. Within the first twelve months of leaving employment at TDA, a former or retired TDA employee shall not perform services on a project, or fill a position with Respondent, that the former or retired TDA employee worked on or held while employed at TDA.

Dallas Storage Facility RFP 551-01601

SECTION 4- EVALUATION OF PROPOSALS

4.1 COMPETITIVE SEALED PROPOSALS

TDA may award contract(s) in accordance with the Competitive Sealed Proposals process as authorized by Texas Government Code §2156.121. As such, TDA will evaluate Respondents’ proposals on a variety of factors in addition to price. TDA is not authorized to conduct public proposal openings or tabulations prior to award of any contract(s) awarded pursuant to this RFP.

TDA reserves the right to award contract(s) without any negotiation and reserves the right to not make any contract awards under the terms of this RFP.

Respondent is strongly encouraged to provide its best price in its proposal because TDA makes absolutely no guarantee that there will be any opportunity to negotiate or provide alternative pricing at any point during the RFP process. TDA may limit the number of proposals to a competitive range consisting of the greatest number of proposals that will permit efficient competition among Respondents based on the proposed pricing and criteria specified in the RFP. TDA may seek additional information and solicit best and final offers only from those Respondents determined to be in the competitive range.

Discussions may be conducted with Respondents that submit proposals determined to be reasonably likely to be selected for award, for the purpose of clarification and to ensure full understanding of all terms and conditions of a proposal submitted in response to this RFP, including the requirements of any resulting contract. In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by competing entities.

4.2 REVIEW OF PROPOSALS

TDA will begin review of proposals as soon as is practical after receipt. In TDA’s sole and absolute discretion, Respondent may be asked to make an oral presentation of its proposal at TDA's headquarters in Austin, Texas. If applicable, proposals will be rated again following oral presentations.

By law, TDA may not disclose any information regarding a proposal until a contract is executed by both parties. Upon contract award, TDA will post the Notice of Award on the ESBD at:

http://www.txsmartbuy.com/esbd. Additional copies of proposals not selected for award will be disposed of in accordance with the agency approved records retention policy.

4.3 EVALUATION CRITERIA

Proposals will be evaluated and selected based on best value considerations to the state, including the demonstrated ability of each Respondent to carry out all of the requirements contained in this RFP. A Respondent who is in default or otherwise not in good standing under any other current or prior contract with TDA will not be eligible for award of this contract.

TDA will base its selection on, among other things, demonstrated competence, and the proposed budget/cost. All state agencies report unsatisfactory performance on purchases over $25,000.

Agencies report satisfactory and exceptional vendor performance to assist in determining best value to the state. In accordance with Texas Government Code Sections §§2155.074 and 2155.75, Respondent’s performance may be used as a factor in future contract awards.

TDA will evaluate Respondent’s proposal submitted in response to this RFP based on Respondent’s processes, products, and services and the criteria set forth below.

CRITERIA

POSSIBLE

POINTS

A Price 40

B Meets Specification 30

Dallas Storage Facility RFP 551-01601

C Distance from Go Texan Pavilion

Total 100%

If a contract is awarded under the terms of this RFP, such award will be made to the Respondent who submits a proposal that meets all criteria required set out in this RFP and which TDA determines, in its sole and absolute discretion, represents the best value for the state.

4.4 EVALUATION OF PROPOSALS

Proposals will be selected based on the ability of each Respondent to carry out all the requirements contained in this RFP.

TDA will evaluate proposals in accordance with the selection criteria specified in Section 4.3 of this RFP. Submission of a proposal indicates the Respondent’s awareness of the evaluation process set forth in this RFP and Respondent’s acknowledgement that subjective judgments may be made by TDA during the evaluation process.

4.5 DISCUSSIONS WITH RESPONDENT

TDA may conduct discussions with any Respondent that appears to be eligible for award, pursuant to the selection criteria set forth in this RFP. In conducting the discussions, TDA will not disclose information derived from proposals submitted by competing Respondents.

4.6 BASIS OF AWARD

The selection will be based on the evaluation criteria set forth above, as well as best value considerations to the state, including Respondent’s evaluation set forth in the Texas Comptroller of Public Accounts’ Vendor Performance Tracking System, demonstrated competence, experience, knowledge and qualifications, the evaluation criteria and weights outlined above, as well as the proposed fee and costs for all or each portion of the deliverables, goods, services, or work requested under this RFP as determined by TDA in its sole and absolute discretion. TDA has not committed itself to make an award or retain a Contractor based on the issuance of this RFP, nor does the suggested scope of services or terms of agreement below require that TDA make an award or retain a Contractor for any or all of those purposes. TDA reserves the right to make those decisions after receipt of proposals and TDA’s decision on these matters is final.

4.7 SELECTION OF CONTRACTOR(S)

Contractor selected for award, if any, will be the Respondent(s) whose proposal, as determined by TDA, represents the best value to the state. TDA reserves the right to reject any or all proposals or any portion of any proposal submitted which, in TDA’s opinion, is not in the best interest of TDA.

TDA reserves the right to negotiate individual elements of any proposal. TDA reserves the right to meet with and negotiate terms with one or more Respondents. All Respondents acknowledge that TDA is not bound to accept the lowest-priced proposal.

Awards, if any, under this RFP are at the discretion of TDA and the agency reserves the right to award one or several contracts, to meet its objectives. Any award resulting from this solicitation will be posted on the ESBD located at: http://www.txsmartbuy.com/esbd.

Dallas Storage Facility RFP 551-01601

SECTION 5 – CONTRACTUAL REQUIREMENTS

5.1 CONTRACTOR’S PROPOSAL

Contractor’s proposal will be incorporated into a contract prepared by TDA for signature by the contracting parties. The provisions of this RFP shall prevail, however, in all cases of conflict between the RFP and Contractor's proposal.

5.2 PROJECT REVIEW REQUIREMENTS

TDA reserves the right to review any materials or products developed or adapted by Contractor as part of the evaluation process. Upon completion of the contract period, all documents or products produced prior to an award will be returned to Contractor or destroyed accordingly. Unless otherwise specified in any contract resulting from this RFP, all documents or products created as a result of any contract resulting from this RFP belong to TDA.

The TDA Project Manager will establish procedures for communicating contract completion and transition of the deliverable(s).

5.3 PAYMENT

All payments are made in accordance with the Prompt Payment Act, Government Code, Chapter 2251. Unless otherwise agreed to in writing by TDA, and authorized by state law, payment is only by reimbursement following satisfactory performance of services.

Payment is contingent upon submission of properly prepared and certified invoices. The information provided on each detailed status report must coincide with the tasks outlined in the approved budget. The TDA Project Manager will approve invoices based upon Project progress, task completion, reasonable use of Project funds, and satisfactory performance of services as outlined in the progress report. The invoice shall note the period of time payment is for, together with a list of completed deliverables, contract number, purchase order number, and the Comptroller of Public Accounts (CPA) Payee Identification Number (TIN).

According to guidelines set forth by the CPA, the payment scheduling policy requires agencies to maximize fiscal benefits to the state. Pursuant to §2252.021 of the Government Code, payment by a governmental entity is overdue on the 31st day after the later of the date the governmental entity receives the goods or services under the contract or the date the governmental entity receives a correct invoice for the goods or services.

5.4 PURCHASE ORDER AS APPROVAL TO PROCEED

No services performed prior to the issuance by TDA of the Purchase Order will be reimbursed. The Purchase Order will not be issued until all documents and actions necessary to issuing payment are provided, including:

• IRS Form W-9.

• Proof of Clearance of any Comptroller of Public Accounts Payment Holds.

• Proof of insurance, bonds, or similar if required.

• Proof of criminal clearance for access to TDA offices, systems, or participation in TDA programs, as needed.

ATTACHMENT 1 –

EXECUTION OF OFFER, AFFIRMATION OF TERMS AND CONDITIONS

AND PROPOSAL PREFERENCES

1. Definitions. The following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

a. Agency – the Texas Department of Agriculture, sometimes referred to herein as “TDA.”

b. Contract Manager – the individual designated by Contractor or TDA with overall responsibility for managing any contract resulting from this solicitation. See “Project Manager” below. Either Party may designate one person to be both the Contract Manager and the Project Manager.

c. Contractor – a Respondent selected for an award pursuant to this Solicitation.

d. Include – include, includes and including are terms of inclusion and, where used in this Solicitation or resulting Contract, such terms shall be interpreted in accordance with their dictionary meaning and are deemed to be followed by the words “without limitation.”

e. Key Person or Key Personnel – the employee or employees designated in the Response who are responsible for the overall supervision and management of the activities, projects, services, tasks or work made the subject of this Solicitation and resulting contract, including the timely and satisfactory delivery or completion of the goods, services or work.

f. Parties – all signatories to any contract resulting from this Solicitation. Individual signatories may be referred to herein or a resulting contract as a “Party.”

g. Project Manager – the individual designated by Contractor or TDA with day to day responsibility for accomplishing the undertaking(s) made the subject of this Solicitation and resulting contract.

h. Respondent – an entity or person that submits an application, bid, offer, proposal, quote or response in reply to this Solicitation.

i. Response – an application, bid, offer, proposal or quote submitted in reply to this Solicitation.

j. Solicitation – the purchasing request made by TDA described and identified in this document, whether it be an Invitation for Bids (IFB), Quote Request, Request for Offers (RFO), Request for Proposals (RFP), Request for Qualifications (RFQ), or other form of purchase.

2. References. Unless explicitly stated otherwise, any references to “appendices,” “articles,” “attachments,” “exhibits,” or “sections” are deemed to be references to appendices, articles, attachments, exhibits, or sections of this Solicitation or resulting contract (if any). These General Terms and Conditions shall be automatically incorporated into any contract resulting from this Solicitation without further reference.

3. Order of Precedence. In the event of a conflict or inconsistency among the various documents making up any contract resulting from this Solicitation, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: (a) Signed Contract or Notice of Award; (b) Appendices, Exhibits or Attachments to the Contract or Notice of Award; (c) the Solicitation document and any questions and official responses; and (d) Contractor’s Response.

4. Entire Agreement. Any contract resulting from this Solicitation shall represent the entire understanding between the Parties with respect to its subject matter and shall constitute the entire agreement between the Parties, superseding and preempting any previous communications or agreements that may exist between the Parties.

5. Federal, State and Local Tax and Withholding Requirements. Contractor shall demonstrate on-site compliance with federal income tax laws including issuance of Form W-2s to employees. Contractor is responsible for federal and state unemployment insurance coverage and standard workers compensation insurance coverage. Contractor shall comply with all federal and state tax laws and withholding requirements. Neither TDA nor the State of Texas shall be liable to Contractor or its employees for any unemployment or workers compensation coverage, or federal or state withholding requirements. Contractor shall indemnify the State of Texas and shall pay all costs, penalties, or losses resulting from Contractor’s omission under or breach of this Section.

6. Forms, Assurances, and Reports. Contractor shall timely make and file with the proper authorities all forms, assurances and reports required by federal and state laws and regulations. TDA shall report any failure by Contractor that comes to TDA’s attention and may deny payment or recover payments in the event of noncompliance with this Section.

7. Key Person or Key Personnel. Contractor shall ensure that key persons or key personnel assigned to any contract resulting from this Solicitation shall remain available for the entirety of the project, service or work required by the contract, unless TDA agrees, in writing, to a change in the Key Person or Key Personnel.

8. Federal Rules, Laws, and Regulations. Contractor shall be subject to and shall abide by all federal laws, rules, and regulations pertaining to any contract resulting from this Solicitation, including:

a. Americans With Disabilities Act, 42 U.S.C. § 12101, and the regulations effectuating its provisions, as each may be amended from time to time;

b. Title VI of the Civil Rights Act of 1964, as amended (prohibition of discrimination by race, color, or national origin), and the regulations effectuating its provisions;

c. Title IX of the Education Amendments of 1972, as amended (prohibition of sex discrimination in educational institutions) and the regulations effectuating its provisions;

d. Section 504 of the Rehabilitation Act of 1973, as amended (nondiscrimination on the basis of handicapping condition), and the regulations effectuating its provisions;

e. The Age Discrimination Act of 1975, as amended (prohibition of discrimination on basis of age), and the implementing regulations; and

f. The Anti-Lobbying Act, 18 U.S.C. 1913 (prohibition against the use of federal grant funds to influence legislation pending before Congress), and the Byrd Amendment on government lobbying, 31 U.S.C. 1352 (prohibition against the use of federal grant funds to influence certain federal contracting and financial transactions).

9. Protests. Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation, evaluation or award of…