ESBD_File_344686_301-24-02849A_Solicitation - Part A_FINAL_12.11.23.pdf

STATE OF TEXAS

OFFICE OF THE GOVERNOR

ECONOMIC DEVELOPMENT AND TOURISM

REQUEST FOR PROPOSALS

for

STATE OF TEXAS REPRESENTATION OFFICE PROMOTING

INTERNATIONAL TRADE & INVESTMENT TO TEXAS

Solicitation No. 301-24-02849A

NIGP CLASS ITEMS

915-03 961-28 961-53 962-30

Response Date and Due Time: January 15, 2024 no later than 5:00 pm CT

Point of Contact

Jeffrey Duhon, CTCD, CTCM

CTPM No. CTCD/CTCM 1900017129

Procurement and Contract Manager

Office of the Governor of Texas

Financial Services Division

P.O. Box 12428

Austin, Texas 78711-2878

512-936-9503 jeffrey.duhon@gov.texas.gov

PART A: SPECIFIC TERMS AND CONDITIONS

Solicitation No. 301-24-02849A - Part A

1. STRUCTURE OF SOLICITATION

This Solicitation is composed of three parts:

Part A: Specific Terms and Conditions, including exhibits and other attachments and appendices, if any;

Part B: Standard Terms and Conditions; and

Part C: Provisions Governing the Solicitation Process.

Resolution of Conflicting Provisions. In the event an instruction or term in Part A conflicts with an instruction or term in Part B or Part C, the instruction or term in Part A prevails. Any addenda or amendment to Part A, Part B, or Part C control over their original versions, respectively.

2. GLOSSARY OF TERMS

This Glossary is in addition to the Glossary provided in Section 2, Part B of this Solicitation.

The definition given to a term listed in this Glossary applies whenever the term appears in any

Part of or Exhibit to this Solicitation and in any response to this Solicitation.

Contractor. The Respondent(s) awarded a Contract as a result of the Solicitation.

EDT. The Economic Development and Tourism Office, within the Office of the

Governor of Texas (“OOG”), markets Texas as one of the world’s premier business locations and travel destinations, seeks to create jobs and economic opportunities for

Texas residents and communities, and promotes Texas goods to international markets.

Foreign Direct Investment (“FDI”). An investment that is made when a firm or individual in one country invests directly into business interests located in another country. This generally occurs when an investor establishes foreign business operations or acquires foreign business assets in a foreign company. This is different from a portfolio investment where an investor simply acquires equity in a foreign-based company.

Greenfield Investment. A type of FDI in which a parent company creates a subsidiary in a different country, building its operations from the ground up. In addition to the construction of new production facilities, these projects can also include the building of new distribution hubs, offices, and living quarters.

Monthly Service Fee. The firm, fixed monthly fee charged by the Contractor to fully compensate the Contractor, and supporting subcontractors if applicable, for the costs of all of the Contractor’s in-house services and expenses required to complete work under the Contract as required by Section 4. Such expenses include, but are not limited to: all labor, including, but not limited to, all company account service time;

project and account management, direction, supervision, and coordination, development of investment and trade contacts, regularly scheduled client meetings, background research, strategic counsel, accounting and billing services, administrative support, legal services and fees, travel expenses within the Target

Market, development of the annual Foreign Trade and Investment Representation

Plan, implementation of the Foreign Trade and Investment Representation Plan and related strategies, required monthly and quarterly reporting, and any other plans and reports, and equipment, as required to meet the Contract performance requirements.

The Monthly Service Fee also includes all administrative and overhead costs relating to the establishment and/or operation of the State of Texas Taiwan Office, including, but not limited to, incidental and normal business operating expenses, such as local and long distance phone (landline and mobile) calls, facsimile, routine travel, postage, local courier service; internal copying; supplies, materials, parking and other ongoing services performed or required for routine performance, and facilities (including, but not limited to, the Office Space as further defined and described in this Solicitation, including, but not limited to, workstations, access to conference room(s), utilities, and cleaning services). The Monthly Service Fee includes all costs to provide the services required by Section 4, and any additional services provided by Contractor, except those specifically described as Reimbursable(s).).

Non-Greenfield Investment. A type of FDI in which a foreign company acquires a controlling interest in an existing company through a merger or joint venture with another company. The threshold for an FDI that establishes a controlling interest, per guidelines set by the Organization of Economic Cooperation and Development, is a minimum 10% ownership stake in a foreign-based company.

Office Director. The individual who oversees and provides direction for and manages all activities under the Contract including, but not limited to, trade assistance and business recruitment in the Target Market, office management, accounting for the entire Contract, billing, and reporting.

Performance Period. Each annual period of the Contract Term, running contemporaneously with a Fiscal Year, during which the Contractor will perform the required services under the Contract. Each Performance Period will be separately budgeted by the OOG, subject to available appropriations.

Plan of Action. The comprehensive plan to be proposed by the Contactor, which shall include, at a minimum, a complete schedule of all proposed trade, investment and marketing activities, other detailed data, and recommendations for target audiences and the Target Market consistent with the requirements of the Solicitation, including the goals and objectives identified in Section 4 of Part A of the Solicitation. Subject to revision and approval by the EDT, the Plan of Action as proposed by the Contractor shall become the STTO Trade and Investment Plan to be initially implemented by the

Contractor.

Qualified Prospects. Companies considering the State of Texas as a potential investment destination with defined investment project characteristics including job creation, capital investment, established timeline and financing. For the Contract, the minimum requirements to qualify are at least ten permanent full-time employee positions and at least $500,000 in capital investment.

Reimbursable(s). Reimbursable(s) shall only include purchases made and external expenses incurred by the Contractor, on behalf of the OOG, for services, goods, and local travel associated with coordinating and/or representing the State of Texas at trade shows or Trade and Investment Promotion Missions and out-of-country travel. These costs are not included in the Contractor’s Monthly Service Fee. All Reimbursable(s) must be pre-approved, in writing, by the OOG.

STTO Trade and Investment Plan. The Plan of Action revised, if necessary, and approved by the OOG, to be implemented, maintained, and updated by the Contractor.

Target Market. Taiwan and, in limited circumstances agreed upon by the Parties, other parts of East Asia and Southeast Asia.

Texas Partners. Any Texas community, economic development organization, chamber of commerce, industry association, academic institution, or state agency, looking to promote their location as an investment destination or a Texas-based private entity or supplier looking to export to Taiwan.

Trade and Investment Promotion Mission. A comprehensive trade and investment promotion effort consisting of one-on-one business, industry, and government contacts and other promotional activities. This effort may include special events between the Contractor’s account team and the OOG’s representative(s) or Texas

Partners, and key trade and investment prospects to explore potential international business opportunities and to help create networks of potential investment prospects, buyers, agents, suppliers and key government contacts in

Taiwan. This effort may also include other promotional or special events, usually conducted within a specific geographic market during a defined period, and can include multiple locations and partner organizations.

3. GENERAL INFORMATION

Purpose of Procurement. The OOG seeks written proposals from qualified

Respondents in accordance with the specifications contained in this Solicitation for

Foreign Trade and Investment Representation Services for the State of Texas Taiwan

Office. (“STTO”).

Respondents shall be required to demonstrate ability to perform services as specified in this Solicitation and shall fully understand EDT’s organization, mission, and targeted audience. Respondents are encouraged to review economic overviews and reports located at https://gov.texas.gov/business. Respondents are invited to submit written proposals to represent Texas by providing Foreign Trade and Investment

Representation Services for the STTO. The Contractor shall maintain and operate a representative office in Taiwan to promote investment that generates jobs in Texas, exporting of Texas products, and international relations between Texas and Taiwan.

The STTO will support EDT’s activities in Taiwan and promote Texas as a premier business destination. The Contractor will implement, oversee, and measure all activities within Taiwan.

The purpose of the proposal is to demonstrate the qualifications, competence, and capacity of the Contractor and proposed staff to undertake the engagement described herein. The proposal should contain sufficient information to assure the OOG of its completeness.

Procurement Authority. Section 481.027(a), Texas Government Code, relating to official State of Texas offices located in foreign countries, provides that the EDT “shall maintain and operate offices in foreign countries for the purposes of promoting investment that generates jobs in Texas, exporting of Texas products, tourism, and international relations for Texas.”

Term of Contract

3.3.1. Primary Term. The primary term of any Contract awarded as the result of this

Solicitation shall commence on the date of last signature (“Effective Date”), and shall terminate on August 31, 2025, unless terminated earlier pursuant to the terms of the Contract. The primary term plus any renewal terms or extensions, if any, shall constitute the “Contract Term.”

3.3.2. Renewal Term. The OOG shall have the right to renew the term of the Contract for up to three additional twelve month periods through August 31, 2028 with consideration to Contractor performance. The OOG shall provide the Contractor with written notice of its intention to renew the term of the Contract in writing at least thirty days prior to the Contract termination date.

3.3.3. Optional Extension. Upon the exhaustion of any and all renewal terms, the OOG may, in its sole discretion, extend the term of the Contract in any increment of months for up to six months if the OOG determines that an extension is necessary to facilitate a transition to a new vendor. The OOG shall provide the Contractor with written notice of its intention to extend the term of the Contract in writing at least thirty days prior to the Contract termination date. Any compensation to the

Contractor for this extension period would be based upon negotiated rates between the OOG and the Contractor and/or the reimbursement for actual expenses.

Office of the Governor’s Point of Contact Information. The mailing address of the

OOG for all notices is:

https://gov.texas.gov/business

Jeffrey Duhon, CTCD, CTCM

CTPM No. CTCD/CTCM 1900017129

Procurement and Contract Manager

Office of the Governor of Texas

Financial Services Division

P.O. Box 12428

Austin, Texas 78711-2878

512-936-9503 jeffrey.duhon@gov.texas.gov

Captions and Headings. The captions to the sections of this Solicitation are for convenience only and shall not affect the construction or interpretation of the

Solicitation’s substantive terms.

4. STATEMENT OF WORK – SERVICE REQUIREMENTS

Deliverables shall include, but are not limited to, the requirements contained in this Solicitation.

Deliverables set forth that contain the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Deliverables set forth that contain the words “may” or “can” allow Respondents to offer alternatives to the manner in which the

Deliverables are provided.

Representation Services Requirements. The EDT strives to use the most innovative and cost-effective foreign trade and investment programs to raise awareness of Texas as a premier business destination. The scope of work for services and goods sought by the EDT in the Target Market includes a primary focus on strategic partnerships with key government, industry and business leaders, and business trade and investment strategies. The secondary focus is assistance with Texas marketing activities. With this in mind, the Contractor shall have the following goals while providing trade and investment services as directed by EDT to raise national awareness of Texas as a premier business destination.

Duties. The Contractor’s duties shall include, but are not necessarily limited to, providing the following representation services:

4.2.1. operate and maintain the STTO;

4.2.2. represent the interest of the State of Texas;

4.2.3. review host country and regional government policies that may affect Texas businesses;

4.2.4. develop and implement a robust economic development strategy that successfully promotes the Texas business climate;

4.2.5. conduct high profile meetings with local and federal leaders as well as with private sector leaders to discuss the Texas advantage;

4.2.6. assist EDT in promoting and marketing Texas as a premier business destination;

4.2.7. generate measurable results from trade and investment events (virtual and in-person);

4.2.8. contribute to the development of talking points on foreign trade and investment matters from a Taiwanese-perspective;

4.2.9. assist in the development of marketing strategies for trade expansion and investment opportunities for Taiwanese companies in Texas;

4.2.10. assist EDT in planning, organizing, and executing investment promotion and export development missions to/from Taiwan, which may include, but are not limited to, logistics, meetings, recruitment, venue selection, and invitation dissemination;

4.2.11. act as a liaison with Texas companies and communities, including chambers of commerce, economic development organizations, and regional groups with regard to exporting to Taiwan and investment opportunities in Texas;

4.2.12. interact and develop business networks with other trade and investment, economic development, and other allied organizations, external to EDT as appropriate to accomplish the STTO’s mission;

4.2.13. assist Texas communities with specialized searches of companies creating primary jobs with the potential to set up industrial facilities and corporate operations in

Texas;

4.2.14. provide government liaison and sales assistance/orientation and general legal business orientation for businesses interested in foreign investment and/or export promotion; and

4.2.15. assist in ongoing collaboration with economic development officials from interested cities in Texas to organize Trade and Investment Promotion Missions to

Taiwan.

Business Trade and Investment Promotion and Marketing Initiatives. To meet the

STTO mission and fulfill the representation requirements as further described in this

Solicitation, the OOG is seeking an entity that can provide the following goods and services:

4.3.1. Investment Prospect Generation.

Seek and develop viable prospects with a goal of expansion or relocation to Texas; and

Develop a comprehensive business recruitment and marketing Plan of

Action.

4.3.2. Export Promotion Services.

Provide Texas businesses with technical assistance, information, and referrals related to the export of products and services, including export finance and international business practices;

Assist Texas businesses with distributor and client searches;

Provide information, contacts, and lists from commercial libraries and databases;

Provide government liaison and sales assistance/orientation and general legal business orientation for businesses interested in foreign investment and/or export promotion;

Assist in ongoing collaboration with economic development officials from interested Texas economic development partners to Trade and

Investment Promotion Missions to the Target Market;

Assist the organization of Trade and Investment Promotion Missions for specific industry sectors;

Coordinate with EDT on the representation of Texas exporters at international trade shows, missions, marts, seminars, and other appropriate promotional venues in the Target Market;

Cooperate and act in conjunction with other public and private organizations to promote and advance Texas export trade activities in the Target Market;

Determine the needs of business prospects and fulfill their requirements by obtaining and providing information on Taiwanese distributors and clients that will assist them in making informed decisions as to whether their product or service is competitive in the Target Market;

Maintain a computer/digital database of business prospect information and track assistance given to Texas companies and organizations up to the final conclusion of the service;

Maintain current knowledge of trade and investment policies, procedures, programs and services relative to achieving the STTO’s mission;

Participate in activities, including in-house training, external conferences, seminars and workshops to maintain the currency of

Contractor staff’s knowledge in trade, investment and economic development practices; and

Act as a liaison with Texas companies and communities, including chambers of commerce, economic development organizations, and regional groups with regard to exporting to Taiwan and investment opportunities in Texas.

4.3.3. Investment Promotion.

Participate in domestic trade shows, trade missions, marketing trips, and seminars with a goal of promoting Texas as a premier business investment destination;

Produce and disseminate information through the use of available media and resources, including the Internet, to promote business assistance programs and the overall business climate in Texas;

Plan, organize, and execute events in the Target Market aimed at educating Taiwan’s business community on the benefits and advantages of doing business in Texas;

Assist EDT in planning, organizing and executing investment promotion and export development missions to Taiwan, which may include, but is not limited to, logistics, meetings, venue selection, and invitation dissemination;

Assist in the planning, content development, and publication supplements in Taiwan’s main media outlets as needed;

Assist in presentations and seminars in Texas and in the Target Market;

Interact and develop business networks with other trade and investment, economic development, and other allied organizations, external to EDT as appropriate to accomplish the STTO’s mission;

Market and promote advantages and benefits of doing business in

Texas;

Provide direct technical assistance, and other services to businesses and communities when reasonable and practical;

Contribute to the development of talking points on foreign trade and investment matters from a Taiwan-perspective; and

Plan and organize potential inbound missions for select qualified business prospects.

4.3.4. Social Media. The Contractor shall use social media platforms to promote STTO events and to share content approved by EDT with the goal to highlight Texas as a premier business destination.

4.3.5. Other Duties. The Contractor may propose and may also be required from time-to-time by EDT, to provide additional services that are generally within the scope and intent of the services described herein that are reasonable and necessary to perform and carry out the goals and objectives of the STTO and EDT.

Target Performance Measures for Service Requirements. The Contractor shall be responsible for meeting the following performance measures for service requirements:

Performance Measure Requirement

Qualified Prospects Generated

Generate a minimum of five (5) Qualified Prospects per year, as defined in the Glossary in Section 2 of Part A of this Solicitation

Trade Assistance Events Attended Attend a minimum of 10 events to assist Texas companies find markets in Taiwan

Texas Promotion Events Executed

Execute a minimum of 10 events that promote Texas as an investment location for companies in the Target Market, a minimum of seven (7) of which must be in-person, the remaining of which may be virtual webinars or meetings.

Texas Business/Organizations

Assisted

Report the total number of business or organizations assisted

Reporting. The Contractor must report the following outcomes from all Texas

Promotion Events as part of its monthly and annual reports:

i. Number of Qualified Prospects generated;

ii. Number of Target Market businesses assisted;

iii. Number of Texas Partners assisted; and

iv. Number of Texas communities assisted.

The Contractor must also report, at a minimum, the following information on a monthly and annual basis:

i. Number of Texas businesses assisted;

ii. Number of Texas communities assisted, the name of each community, and the nature and results of the assistance;

iii. Number of Texas exporters assisted;

iv. Number of contacts with Texas and Taiwanese businesses or organizations, the name of each business or organization, the nature of the contact, the results of each contact, and the date of assistance; and

v. Taiwanese Non-Greenfield Investment activity in Texas during the period.

The Contractor may propose additional performance measures for meeting service requirements that will be used in evaluating work in reaching the STTO’s goals.

Activities Tracking. The Contractor shall track and maintain records of all

Contractor-generated activities promoting Texas within the Target Market. The

Contractor shall use a standard method, approved by EDT, to report the activities. The

Contractor shall report on the types and the number of activities generated from activities specified in Section 4 of Part A of this Solicitation.

Plan of Action. On or before June 1st of each year beginning after the effective date of any Contract resulting from this solicitation, the Contractor shall be responsible for development and submission of an annual Plan of Action for the services the Contractor proposes to undertake in the Target Market during the upcoming Fiscal Year. The Plan of Action shall include the Contractor’s evaluations and recommendations for all proposed activities and projects to be undertaken in the Target Market that will most effectively position Texas, create awareness of and stimulate interest in Texas among businesses, the media, and potential investors. Appropriate market research and planning should be conducted and provided in order to determine the most effective and cost-efficient trade and investment effort. The Plan of Action must include a detailed budget for all proposed projects, activities, services to be performed, as well as recommendations of specific goals and measurements that demonstrate the success of the Plan of Action in meeting the goals and objectives outlined in Section 4 of Part

A of this Solicitation.

Any routine use of subcontractors for the provision of Contractor’s in-house services that are to be included in Contractor’s Monthly Service Fee shall be disclosed and clearly identified in the proposed Plan of Action.

The Plan of Action must be approved by EDT prior to implementation. EDT’s approval of the Plan of Action reflects EDT’s adoption of the plan.

STTO Trade and Investment Plan. The EDT-approved Plan of Action will serve as the STTO Trade and Investment Plan. Contractor shall operate in accordance with an approved, detailed, written plan, including budget allocation for representation services to market and promote Texas and, when directed, activities in the Target Market.

Coordination of Efforts. When appropriate, and as required by EDT, the Contractor shall coordinate activities with other vendors (e.g., advertising, public relations and marketing, or research), other state agencies and local, regional, and statewide business and industry associations and organizations involved with or affected by services and goods provided under the Contract.

Required Reports and Status Calls. The Contractor’s account team, in coordination with EDT’s designated representative, shall compile, maintain, and provide certain required reports to, and participate in, status calls with EDT. Section 2252.907, Texas

Government Code, requires that information created or exchanged by the Contractor must be made available in a format that is readily accessible to the public; accordingly, reports may not be delivered or made available solely through portal access to the

Contractor’s information systems or project management applications. Reports must be provided in either Microsoft Word, Microsoft Power Point, Microsoft Access, Microsoft Excel, or PDF formats. Reports must delivered electronically to EDT, such as via email, or through a State of Texas secure file transfer portal, unless otherwise directed. These reports and status calls shall include:

4.10.1. Regularly Scheduled Status Calls. The Contractor will be required to participate in regularly scheduled status calls as determined by EDT in its sole discretion, in addition to ad hoc status calls.

4.10.2. Monthly Report. On or before the fifteenth (15th) Business Day of each month during the Contract Term, the Contractor shall submit to the EDT a monthly report that includes the following:

Response Tracking Report. A log sheet that records all types and the number of activities generated from activities and measures specified in

Sections 4.3 and 4.4 of Part A of this Solicitation during the previous month.

Ongoing and Completed Projects Update. A description and evaluation of all ongoing projects and projects completed by the

Contractor (including all necessary backup) during the previous month, including but not limited to, all services and goods (e.g., research, marketing, trade, and investment events, including webinar/virtual events and activities). This update shall include a copy of all materials produced by the Contractor.

Accounting Report. An accounting of the previous month’s expenditures, including the Monthly Service Fee and all Reimbursable amounts by project, projected future expenditures, a cumulative total of expenditures for the Fiscal Year and Contract Term, and available budget balances for the remainder of the Contract Term and Fiscal Year.

Performance Update. A description, including all relevant figures, of the Contractor’s progress during the month toward meeting key

Contract performance standards and the Contractor’s evaluations and recommendations for meeting annual performance standards targets, including monthly totals and descriptions for the measures identified in

Section 4.4 of this Solicitation.

Annual Report. On or before August 31 of each calendar year, the

Contractor shall submit to EDT a written annual report that provides a comprehensive overview of the performance of the Contractor’s representation services, including, but not limited to, a review of all trade and investment promotion activities, major accomplishments, and performance summaries (including all performance measures). The annual report shall include a comprehensive section on the state of economic development and commercial policy in Taiwan.

Failure to Comply with Reporting Requirements. Except as described in this section, the Contractor’s failure to comply with the reporting requirements under the

Contract may result in the OOG determining the Contractor is not in compliance with the Contract and shall be grounds for termination of the Contract for reason of default.

4.11.1. The following shall not constitute grounds for termination of the Contract for reason of default:

Events that are directly caused by the failure of the OOG, EDT, any

Texas state agency, or any governmental entity to perform any required activity;

Action or inaction by the OOG, EDT, its end-users, their employees, invitees, and third parties, including, but not limited to, changes in applications, protocols, or transmission parameters without prior coordination with the Contractor; or

Breach of the Contract by the OOG; or any other cause beyond the control of the Contractor including, but not limited to Force Majeure (in accordance with the section of the Contract referring to “Force

Majeure”) or failure or unavailability of the OOG or EDT or equipment not provided by the Contractor (as long as the delay or service interruption is due to a problem with the equipment itself and is not due to the fact that the Contractor recommended the wrong equipment or equipment that is not suited for this project).

4.11.2. The Contractor has the burden of proof that the delay or other failure is attributable to someone or something other than the Contractor.

Contractor’s Relationship to the OOG. The OOG is a part of the executive branch of Texas state government, and does not relinquish control over decisions related to the

Deliverables specified in Part A of this Solicitation to the Contractor. Rather, the

Contractor shall provide all Deliverables under the Contract with the EDT’s prior approval.

Contracted Account Staff. The Contractor shall dedicate its employees or its subcontractors as qualified professional staff who must be proficient in the English language and experienced in working on economic development, trade and investment promotion, and export assistance to work on the EDT’s account in Taiwan. Key account staff must be solely assigned to the performance of foreign investment and trade promotion activities on behalf of the State of Texas. The Contractor must dedicate an experienced Account Manager to oversee all activities in the Target Market and under the Contract, including, but not limited to, coordinating investment promotion campaigns in the Target Market, account management, accounting for the entire

Contract, billing, and reporting. The Account Manager will be EDT’s primary day-to-day contact. The Account Manager shall be solely assigned to the STTO account. With prior EDT approval, the Contractor may fulfill investment promotion and export assistance activities through the use of subcontractors.

Personnel must include an Office Director and other key account staff who must work from the Taiwan office described in Section 4.13, unless otherwise agreed to by EDT.

Key account staff shall be responsible for day-to-day activities required to support and service the EDT’s account in the Target Market. The Contractor shall endeavor to maintain the same key account staff assigned to the Contract to avoid disruption of services. If key account staff cannot continue on the account, the Contractor must notify the OOG in writing. The Contractor shall appoint replacement key account staff with reasonably similar qualifications. The Contractor may seek, and the OOG may provide, feedback on proposed replacement key account staff. Notwithstanding anything to the contrary, the Contractor shall have the sole and final discretion in assigning replacement key account staff. Unless otherwise agreed to by EDT, all key account staff must be experienced in working on accounts similar in nature and budget size to the EDT’s account and should be experienced in providing investment promotion and export assistance for Investment Promotion Agencies and Economic Development

Organizations.

4.13.1. Language. Account staff must have the ability to routinely read, interpret between

English and Mandarin Chinese and/or compose correspondence, reports, documents, policies, and procedures, record information, and prepare other documents using handwritten or electronic means. Fluency in additional languages will be considered a plus.

Account staff must have the ability to communicate verbally in English and

Mandarin Chinese with clients/customers in individual or group settings, to gather information and/or explain policies/procedures in a courteous, precise, comprehensible manner.

4.13.2. Experience and Education. Account staff must have graduated from an accredited college or university with a bachelor’s degree in business administration, economics, public administration, planning or program design or related fields. Account staff must have at least two (2) years direct experience desired in business and economic development or related field in a responsible position to include experience in trade and/or investment. Account staff must demonstrate computer literacy (Microsoft Office Suite applications preferred) including database, word-processing, and spreadsheets. Account staff must have the ability to work independently or as a contributing team member. Additionally, they must have the ability to analyze and resolve problems.

4.13.3. Staff Compliance. Account staff must comply and follow all rules, regulations, policies, and procedures of the OOG with respect to the services performed under the Contract.

Physical Office. The OOG is requesting the Deliverables in this Solicitation through an experienced firm with at least one or more physical offices in Taiwan. The terms and conditions of this section apply to the extent permitted by applicable law.

The office shall be adequately staffed and equipped to provide day-to-day operations to support and service the EDT’s account. Unless otherwise agreed to by EDT, the

Contractor’s key account staff, as further described in Section 4.12 of Part A of this

Solicitation, shall be located at, and provide day-to-day operations from, the

Contractor’s office in Taiwan.

Respondents may propose to provide services and goods required under this

Solicitation, including, without limitation, physical office location, utilities, cleaning services, insurance, and taxes, as follows:

Option 1: Contractor’s Current Office Location. Respondents may propose to provide all required services from the Contractor’s current office location in Taiwan.

Within the first sixty (60) days following the award of the Contract, the Contractor shall have established, and shall maintain throughout the Contract Term, a fully operational, centrally-located physical office in Taiwan, preferably located in Taipei’s main business district, or another major industrial city in Taiwan with EDT’s express permission. The space designated for the STTO within Contractor’s current office location must be clearly separated from the rest of the Contractor’s spaces, and have appropriate signage marking it as the STTO.

Option 2: New Office Location. Respondents may propose to provide all required services from a new office location for the STTO. Within the first sixty (60) days following the award of the Contract, the Contractor shall have established, and shall maintain throughout the Contract period, a fully operational physical office in Taiwan, preferably centrally-located in Taipei’s main business district, or another major industrial city in Taiwan with EDT’s express permission.

Respondents must identify one or both of these options for the office location in its proposal, and shall clearly state which option(s) it proposes. If Respondent proposes both options for EDT consideration, Respondent shall provide separate Cost Proposals for each office location option proposed.

Requirements Applicable to the STTO Location. The terms and conditions of this section apply to the extent permitted by applicable law. The STTO, under either option in section 4.14, shall be adequately staffed and equipped at all reasonable times during local business hours to provide day-to-day operations to support and service the EDT’s account in Taiwan, including, without limitation, provision of office space in the form of workstations and access to conference room(s), as well as any and all requirements related to such property and premises as set out in the Contract (including, without limitation, utilities and cleaning services) (“Office Space”).

In accordance with the requirements of Section 481.027, Texas Government Code, the

STTO must be named “The State of Texas” office, and must be made accessible to: (1)

EDT staff; (2) guests authorized by the EDT; (3) other Texas state agencies that conduct business in Taiwan; and (4) Texas-based institutions of higher education and their nonprofit affiliates for the purposes of fostering Texas science, technology, and research development, international trade and investment, and cultural exchange. The

OOG may, in its sole discretion, enter into contracts with other Texas state agencies to place such agencies’ staff in available space in the STTO. In that event, the OOG shall require such agencies to share the overhead and operating expenses of the office.

The Contractor covenants and agrees to pay all taxes, of whatever nature, levied and assessed and to be levied or assessed, on or against the property and improvements during the Contract Term; and to keep the premises (except for modifications or improvements made by the OOG), property, and buildings in good repair and condition during the Contract Term.

The Contractor's maintenance obligations hereunder shall include, but are not limited to, the following services, which shall be undertaken at the Contractor’s cost:

i. Repair and patch wall, ceiling, and floor surfaces and clean, repair, or replace carpet;

ii. Provide routine janitorial services;

iii. Paint as needed;

iv. Replace broken window glass, repair window shades, blinds and/or drapes, fasteners and sash cord or chains, repair roof and ceiling leaks, repair building exterior, interior, provide and repair plumbing, heating, air conditioning and ventilating equipment, fire protection equipment, miscellaneous valves, woodwork, locks, floor surface and coverings, and lighting fixtures, including replacement of defective or burned-out bulbs, fluorescent tubes, ballasts and starters; and

v. Provide EDT with access to additional storage space on site for archival material if such space is available.

It is understood and agreed that if the Contractor does not maintain the premises and all appurtenances thereto, as specified in the Contract, in reasonably good repair, reasonable wear and tear excepted, the OOG shall notify the Contractor in writing in reference thereto. If, within thirty (30) calendar days after such notice has been mailed to the Contractor, action is not taken by the Contractor to remedy the grievances specified, the OOG may take such actions as are set forth in in the Contract concerning the OOG’s right in the event of breach or default by the Contractor.

The Contractor shall covenant and agree that it will not rent, lease, or otherwise furnish space under its control adjacent to the Office Space to any enterprise which, in the usual exercise of its business, could be expected to create noise or odors injurious or disruptive to normal government activity.

The Contractor shall further covenant that it has full power and authority to execute the

Contract in full satisfaction and compliance with the terms and conditions in the

Contract, and, if applicable, in accordance with the Contractor’s lease for the premises in which the Office Space will be housed. The Contractor also shall agree that it will not attempt to impose upon the OOG any requirements of other legal instruments related to the premises in which the Office Space will be housed not referred to herein or made a part hereof. The Contractor shall warrant and defend the OOG against the claims of all persons to the leasehold interest of the STTO.

The Contractor shall further covenant and agree that the OOG may, upon coordination with the Contractor, bring on to the Office Space any and all equipment and improvements reasonably necessary for the efficient exercise of the OOG’s governmental responsibilities. Any and all improvements that may be made by the

OOG shall be and remain the property of the OOG. The OOG shall have the right to remove any or all of such improvements at any time during the term hereof or within a reasonable time following termination of lease.

Any signs necessary to indicate the STTO’s name, location, and governmental purpose shall be prepared and installed in accordance with the Contractor’s applicable rules and regulations and in keeping with building decor. The Contractor shall agree that the

OOG may display the name of the STTO, together with the state seal of Texas in or around the Office Space, with the specific location(s) to be agreed to by EDT and the

Contractor.

On termination of the Contract, by lapse of time or otherwise, the OOG may, within a reasonable time thereafter, at its option and expense, remove from said premises any and all improvements, equipment, appliances or other property placed or owned by it thereon; and shall deliver up said premises and property to the Contractor in as good order and condition as they now are, or may be put by the Contractor; provided however, that reasonable use, ordinary wear and tear, depreciation, damages, or destruction by fire or the elements or unavoidable casualty and repairs, and replacements, for which the Contractor is obligated, are excepted.

During the term of the Contract, if the premises housing Office Space, or any portion thereof, shall be condemned for any public purpose, the OOG shall have the option of terminating and canceling the portion of the Contract relating to the Office Space upon fifteen (15) days’ notice to the Contractor of termination.

It shall be mutually agreed between the OOG and the Contractor that if the premises housing the Office Space, during the term of the Contract or previous thereto, be slightly damaged by fire or any other cause or causes beyond the responsibility of the

OOG, the same shall be promptly repaired by the Contractor. During the time of such repair, if the Office Space cannot be fully utilized by the OOG to its satisfaction, any portion of payments due under the Contract relating to the Office Space (the

“Unavailable Office Space Portion”) shall be either reduced or withheld in accord with the degree of non-use. If the Office Space is so damaged as to be unfit for occupancy, then, and from the date of such damage, the portions of the Contract relating to the

Office Space shall cease and be void. In such event, the Unavailable Office Space

Portion shall be due and payable only to the date that the damage was incurred. If the

Contractor has alternative available space, the OOG shall have first option on use of the available space under the same terms and conditions of the Contract.

The OOG reserves the right to assign any agency of Texas government to occupy all or any part of available area in the Office Space. The OOG covenants and agrees that it will not assign or sublet all or any part of the Office Space to any private person or private corporation.

In the event the Contractor shall breach or be in default in the performance of any of the covenants or obligation imposed upon the Contractor as relate to the Office Space or shall otherwise breach its covenants or obligations hereunder as relate to the Office

Space, and shall be and remain in default for a period of thirty (30) days after written notice from the OOG of such default, the OOG shall have the right and privilege of terminating the portion of the Contract relating to the Office Space and declaring the same at an end, and shall have the remedies now or hereafter provided by the laws of the State of Texas for recovery of damages occasioned by such default. In lieu of a formal declaration of default and resulting termination as provided above, the OOG may withhold payment of a portion of the Monthly Service Fee relating to the Office

Space Portion until such time as the violations have been corrected to the satisfaction of the OOG. If violations of the Contract create an emergency situation and threaten the OOG’s ability to use the Office Space or the safety of its employees, contractors and guests, the OOG may, at its option, correct all or any part of the violations and deduct the cost from the portion of the Monthly Service Fee relating to the Office Space

Portion due or may immediately terminate the Contract. These rights and remedies are in addition to other termination rights and other rights and remedies in the Contract, and in no way limits, the other termination rights and other rights and remedies in the

Contract.

The Contract and each and all its covenants, obligations, and conditions shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the Contractor, and upon any successor of the OOG.

The State of Texas has sole authority and responsibility to employ, discharge, and otherwise supervise and control its employees. The Contractor is responsible for its own labor relations with its employees and, if applicable, subcontractors.

As allowed by law, the Contractor shall be responsible for accidents suffered by the employees, workers, or guests of the OOG (excluding the Contractor’s own employees) resulting from the Contractor’s negligence and as otherwise provided by the Contract.

As allowed by law, the Contractor shall be responsible to the OOG, its employees, workers, and guests for injuries and/or damages suffered from robberies or other breaches of security suffered in or in the same building as the Office Space for which the Contractor is responsible. The Contractor shall maintain security on and near the

Office Space, through security guards, cameras, or other means, to discourage thefts, robberies, and other crimes on or near the Office Space.

The Parties shall be responsible for legal obligations of their own employees only, including, but not limited to, if applicable: taxes, salaries, Social Security, and any other similar expenses, unless otherwise specified herein.

The Contractor shall Contract with appropriate utility providers for the Office Space at the Contractor’s expense if a new office space must be established.

The OOG shall obtain for the STTO any legal authorization under Texas law required to conduct business at the Office Space except as otherwise required of the Contractor by the Contract and except as required of the Contractor as to the Contractor’s own employees or contractors.

The OOG will, upon reasonable notice and at a mutually agreeable time, have the right to access the Office Space to verify the installations, equipment, and structure of premises in which it is located. Such access will be scheduled ordinarily within normal working hours and days. Access shall be provided at any time in cases of emergency.

The Contractor will inform the OOG about any repairs it will be completing in case there are any structural changes.

Preferences Applicable to the STTO Location. This section contains EDT’s preferences for the STTO location.

Any lease entered into by the Contractor for the STTO location under Option 2: New

Office Location in section 4.15, including, but not limited to, any lease relating to the building in which the Office Space is located, is preferred to be fully-assignable to the

OOG and contain an assignment clause permitting the OOG to exercise the right of first refusal to assume or otherwise accept assignment of the lease as to the Office Space in the event that: (1) the Contractor’s lease is ended for any reason; and (2) the Contract is terminated for any reason.

Research. Appropriate market research and planning must be conducted to determine the most effective representation services efforts. The Contractor shall become familiar with and use economic development and trade and investment research data and information made available by EDT and shall incorporate such research into trade and investment activities. EDT’s economic development reports are available at https://gov.texas.gov/business.

Timelines. EDT and the Contractor shall determine projected timelines at the onset of individual projects. Every effort should be made to produce materials in advance of the determined deadlines. Proofs of collateral and other promotional materials shall be submitted to EDT in a timely manner (as determined in EDT’s sole discretion) so that editing is implemented, approval given, and deadlines met.

Other Duties. The Contractor may propose, and may also be required from time-to-time by EDT, to provide additional services that are generally within the scope and intent of the services described herein that are reasonable and necessary to perform and carry out the goals and objectives of the STTO, the OOG, and EDT.

End of Contract Transition. Upon any termination of the Contract, beginning at a time determined solely by the OOG, the OOG may require the Contractor to provide all necessary work products to ensure account transition, account familiarization, and transfer of work to any new vendor of the OOG. The OOG may, in its sole discretion, maintain concurrent contracts for a limited period in order to facilitate this transition.

Impossibility Due to Conflicts With Law or Custom. Notwithstanding any provision in this Solicitation, the Respondent is encouraged to offer alternative methods to accomplish the goals of the Solicitation if the Respondent determines requirements of the Solicitation cannot be met due to conflicts in law between the State of Texas, United

States Federal Law, Taiwanese Law, or any other law or custom that renders performance of the required duties impossible. The OOG will consider the alternative proposals and the Respondents reasoning and judgment in determining impossibility.

5. FINANCIAL TERMS AND CONDITIONS

Maximum Contract Amount. The OOG’s maximum liability to the Contractor, in consideration for the full, satisfactory and timely performance of all its…