TEXAS DEPARTMENT OF AGRICULTURE REQUEST...
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RFP No. 551-5-02169 TEXAS DEPARTMENT OF AGRICULTURE REQUEST FOR PROPOSALS TO PROVIDE DIGITAL CONVERSION, DIGITAL DOCUMENT MANAGEMENT, AND IMAGE STORAGE OF RECORDS RELATING TO CONTRACTING ENTITIES PARTICIPATING IN TDA’S FOOD AND NUTRITION PROGRAMS _____________________________________ Texas Department of Agriculture Stephen F. Austin 1700 North Congress Avenue Austin, Texas 78701 RFP/Requisition Number: 551-5-02169 Proposal Due Date: March 31, 2015 Proposal Due Time: 3:00 pm (Central Time in Austin, Texas) Posting Date: March 2, 2015 Refer Inquiries to: James Gonzalez, CTPM, CTCM [email protected] Pursuant to the Provisions of the Texas Government Code Title 10 Subtitle D Chapter 2156, Sections 2156.121 – 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, names, prices and other proposal details may only be divulged after award of a contract, if a contract is awarded. The award notice will be posted to the electronic state business daily at http://esbd.cpa.state.tx.us/. Pursuant to Section 2155.131 of the Texas Government Code and 34 TAC § 20.41, the Office of the Comptroller of Public Accounts has delegated authority to the Texas Department of Agriculture (TDA) to conduct this Request for Proposal and to award a contract for the purposes stated herein. All written requests for information will be communicated to all applicants known to the agency. All proposals shall become the property of the TDA upon receipt. All proposals must be delivered to the TDA’s Purchasing Office as required by the instructions within this request. All addenda to or clarification of this solicitation shall be issued in writing by TDA. TDA shall not be legally bound by an addenda or interpretation that is not in writing. Contractor understands and agrees that no public disclosures or news releases pertaining to this RFP, negotiations, subsequent award, or any results or findings based on information provided or obtained to fulfill requirements of this RFP shall be made without prior written approval of TDA. NOTE: Failure to formalize the terms of the proposal by signing the Execution of Offer will result in disqualification of the offer contained within the bid package.
Transcript of TEXAS DEPARTMENT OF AGRICULTURE REQUEST...
RFP No. 551-5-02169
TEXAS DEPARTMENT OF AGRICULTURE
REQUEST FOR PROPOSALS TO PROVIDE
DIGITAL CONVERSION, DIGITAL DOCUMENT MANAGEMENT, AND IMAGE STORAGE OF RECORDS RELATING TO CONTRACTING ENTITIES PARTICIPATING IN TDA’S
FOOD AND NUTRITION PROGRAMS _____________________________________
Texas Department of Agriculture Stephen F. Austin
1700 North Congress Avenue Austin, Texas 78701
RFP/Requisition Number: 551-5-02169
Proposal Due Date: March 31, 2015 Proposal Due Time: 3:00 pm (Central Time in Austin, Texas)
Posting Date: March 2, 2015
Refer Inquiries to: James Gonzalez, CTPM, CTCM
Pursuant to the Provisions of the Texas Government Code Title 10 Subtitle D Chapter 2156, Sections 2156.121 – 2156.127, sealed proposals will be received until the date and time established for receipt. After receipt, names, prices and other proposal details may only be divulged after award of a contract, if a contract is awarded. The award notice will be posted to the electronic state business daily at http://esbd.cpa.state.tx.us/. Pursuant to Section 2155.131 of the Texas Government Code and 34 TAC § 20.41, the Office of the Comptroller of Public Accounts has delegated authority to the Texas Department of Agriculture (TDA) to conduct this Request for Proposal and to award a contract for the purposes stated herein. All written requests for information will be communicated to all applicants known to the agency. All proposals shall become the property of the TDA upon receipt. All proposals must be delivered to the TDA’s Purchasing Office as required by the instructions within this request. All addenda to or clarification of this solicitation shall be issued in writing by TDA. TDA shall not be legally bound by an addenda or interpretation that is not in writing. Contractor understands and agrees that no public disclosures or news releases pertaining to this RFP, negotiations, subsequent award, or any results or findings based on information provided or obtained to fulfill requirements of this RFP shall be made without prior written approval of TDA. NOTE: Failure to formalize the terms of the proposal by signing the Execution of Offer will result in disqualification of the offer contained within the bid package.
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TABLE OF CONTENTS Page
SECTION 1 – INTRODUCTION AND PURPOSE 1
1.0 – ACRONYMS, ABBREVIATIONS AND DEFINITIONS 1 1.1 – PURPOSE OF THE REQUEST FOR PROPOSAL 10 1.2 – BACKGROUND INFORMATION 10 1.3 - CONTRACT TERM/ OPTION TO EXTEND 10 1.4 – AWARD 10 1.5 – COMPENSATION 11 1.6 – REQUIREMENTS AND SPECIFICATIONS 11
A. PROJECTS 11 B. PRODUCTS AND SERVICES 15
1.7 – VENDOR RESPONSIBLITIES 21 1.8 – TDA RESPONSIBILITIES 23 1.9 – SERVICE LEVEL OBJECTIVES 23 1.10 – COMPLETION CRITERIA 23 1.11 – ESCALATION PROCEDURE 24 1.12 – PURCHASE ORDER CHANGE NOTICES 24 1.13 – PRICING 25
SECTION 2 - GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS 26
2.1. PROPOSAL SUBMISSION, DATE, AND TIME 26 2.2. SCHEDULE OF EVENTS/CRITICAL DATES 26 2.3. POINT OF CONTACT/INQUIRIES 27 2.4. IRREVOCABILITY OF THE PROPOSAL 28 2.5. STANDARD PROPOSAL REQUIREMENTS 28 2.6. SIGNATURE OF PROPOSER’S RESPONSE 28 2.7. STATE NOT RESPONSIBLE FOR PREPARATION COST OF SUBMITTING THE PROPOSAL 28 2.8. DISCLOSURE OF PROPOSAL CONTENT 28 2.9. CONFLICT OF INTEREST 29 2.10. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) SUBCONTACTING PLAN 29 SECTION 3 – PROPOSAL FORMAT AND CONTENT 31
3.1. PROPOSAL FORMAT 31 3.2. PROPOSAL CONTENT 31
SECTION 4 – EVALUATION OF PROPOSALS 33 4.1 COMPETITIVE SEALED PROPOSALS 33 4.2 REVIEW OF PROPOSALS 33 4.3 EVALUATION CRITERIA 33 4.4 EVALUATION OF PROPOSALS 34 4.5 DISCUSSIONS WITH PROPOSER 34 4.6 BASIS OF AWARD 34 4.7 SELECTION OF VENDOR 35
SECTION 5 – CONTRACTUAL REQUIREMENTS 36
5.1 CONTRACTOR’S PROPOSAL 36 5.2 PROJECT REVIEW REQUIREMENTS 36 5.3 PAYMENT 36
ATTACHMENTS ATTACHMENT A – EXECUTION OF OFFER, AFFIRMATION OF TERMS AND CONDITIONS
AND PROPOSAL PREFERENCES 37 ATTACHMENT B – VENDOR INFORMATION 50 ATTACHMENT C – HUB SUBCONTRACTING PLAN 52 ATTACHMENT D - FEE PROPOSAL/SCHEDULE OF TASK COMPLETION 62
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SECTION 1 – INTRODUCTION
1.0 Acronyms, Abbreviations and
Definitions
AND PURPOSE
Acronyms
Acronym Definition
CACFP The Child and Adult Care Food Program
CCG Council on Competitive Government
CE Contracting Entity (participant in TDA programs)
DSS Document Scanning System
DSS I Document Scanning System - Imaging and Storage for paper source documents
DSS II Desk to DSS – System for managing born-digital records
ERMS Electronic Records Management Systems
ESC Education Service Center
FDP Food Distribution Program fka Commodities
FFVP The Fresh Fruit and Vegetable Program
JPEG Joint Photographic Experts Group (A term for an image compressed by standards developed by
them)
PA Per Annum
PDF Portable Document Format (Adobe Acrobat)
PO Purchase Order
QA Quality Assurance
SFSP The Summer Food Service Program
SNP School Nutrition Programs
SOW Statement of Work
SSO The Seamless Summer Option
TDA Texas Department of Agriculture
TIFF Tagged Image File Format (graphics/image file format/extension)
TSLAC Texas State Library and Archives Commission
TX-UNPS Texas Unified Nutrition Programs System
USDA United States Department of Agriculture
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When capitalized, the following terms have the meaning set forth below. All other terms
have the meaning set forth in Merriam-Webster’s Collegiate® Dictionary, Eleventh Edition.
TERM DEFINITION
Agency Representative The TDA contact to the Successful Respondent for a Work Request.
Backup Files Copies of files or databases kept for a specified time in case the original files or databases are damaged, lost or destroyed.
Blank Page A page that does not contain any legible alphanumeric or special characters.
Business Day The period of time from 7:00 a.m. to 6:00 p.m. Central Time exclusive of weekends and observed holidays when TDA offices are closed. A holiday will be excluded in a computation of Business Days only when such holiday is observed by TDA.
Business Hours Working hours during a Business Day from 7am-6pm Central Standard Time.
Business Month All Business Days within a calendar month.
Business Week All Business Days within a calendar week (Sunday to Saturday).
Calendar Day All days within a month including weekends and holidays.
Calendar Hour All hours within a calendar day.
Capture Process of scanning, storing, and retrieving Documents regardless of original format, using micrographics and/or electronic imaging (i.e., Scanning, OCR, ICR, OMR, etc.). This includes working with born-digital Documents (i.e., capturing/indexing incoming virtual faxes) Born-digital Documents are Documents that were created in other than paper form.
Chain of Custody A documented, chronological process or audit trail for tracking the transfer and control of Documents and electronic information.
Completion Criteria Set of conditions outlining points at which phases of the project can be considered complete, herein contained.
Constraint A limitation that impedes the ability of the parties to perform the project work as outlined.
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Contract Administrator The Contract Administrator is responsible for general administration of this Contract, negotiation of any changes, and issuance of written changes/modifications to this Contract. The Contract Administrator may be changed at any time by the Department without prior notice to the Contractor. The Contractor will be notified of the change.
Contracting Entity An Independent School District, a School, a Non-profit, or profit making entity who applies for USDA funding from TDA to provide Nutrition Assistance to the community.
Data Capture Data entry. Process of inputting specified information into a computer. The process by which information/ text to be associated with images made searchable.
Data File Information file created as a result of processing usually for upload into TDA’s system.
Database Management System (abbr. DBMS) Software that allows information to be captured, organized, and stored, so that the information can be analyzed, reorganized, and reported in many different ways.
Defect Non-fulfillment of an intended usage requirement (e.g., blurred, cut off, blank pages, missing pages, etc.) See ANSI/AIIM, TR-34-1996.
Deliverable Documentation or services to be delivered to client, subject to client review.
Dependency A factor that affects project success wherein one party or task must rely on another for the subsequent event to occur.
Deskew The operation of removing skew from images during scanning due to a misaligned camera, imperfections in the scanning surface, or simply because the paper was not completely flat during scanning.
Despeckle The process of removing speckles from images during scanning due to imperfections in the scanner hardware, or dust or dirt being present on the camera, scanning surface or even the document being scanned.
Digital Imaging The process of Capturing a variety of source Documents from multiple Source Media with varying degrees of Image quality. Digital Imaging may use character recognition and file compression and deliver in multiple Output File Formats on a variety of Output Media.
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Disaster Recovery Disaster Recovery is defined as the contingency plan a Contractor has prepared that would enable it to continue to conduct normal operations should a natural or catastrophic situation cause normal production and distribution activities to be disrupted.
Disposition Date The Date that a document may be destroyed under TDA Records Retention Policy.
Disposition Notes A notation to a record relating to TDA Records Retention Policy
Document A written or printed instrument that conveys information. Digital versions of Documents should adhere to ANSI/AIIM standards and any other standards per SOW. This includes working with born-digital Documents (i.e. capturing/indexing incoming virtual faxes) – Documents that originate to TDA in other than paper form.
Document Handling Document Handling describes how a Contractor’s equipment processes the Document. For example, scanners may be sheet-fed with or without a straight paper path. Scanners may be of several types, for example, flatbed, rotary, or planetary. Document Handling may include Secure overnight storage (e.g., vault), expert care and handling, stringent standards for temperature, humidity, light, air quality, gas fire suppression, UV light exposure limits, etc., as required by TDA.
Document Preparation Document Preparation includes removing bindings, paper clips, attachments, and fasteners; photocopying oversize or undersize Documents; purging unnecessary information; or repairing damaged originals for Document receipt, inspection, and inventory. Also included is the mounting of notes or undersized documents to standard white sheets or on the back of the corresponding document if it is blank, unfolding of folded pages, the proper orientation of Images; and, the marking of illegible documents as "Best Available Copy".
Field A storage area that is designated to hold a particular type of information and that, in some contexts, may be subdivided into smaller fields. A field may be used to hold a string of characters, a numeric value, or a digital object used for processing.
File Format A format for encoding information in a file. Each different type of file has a different File Format. The File Format specifies first whether the file is a binary or ASCII file, and second, how the information is
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organized. For example, raster Images, ASCII text, SGML tagged for electronic distribution or publishing, PDF Image files, etc.
Final Files and Materials The Contractor shall provide Final Files and Materials in a format as agreed upon at project completion to the PA. The file shall conform to SOW requirements. The list of Documents converted shall, at a minimum, consist of each Document number, Document title, and date. This file shall be structured from the source data as specified by the PA. TDA may request source Documents, Source Media, Images, indexes, audit trails, searchable text, data dictionary, etc.
Image Repository A central place where a collection of digital Images is kept and maintained in an organized way, usually in computer storage. It may be part of a Document management system with specific functionality to control the check in/out of material, version control, and look-up against defined attributes.
Gov't Code The Texas Government Code.
Image As a noun: An electronic representation of content, such as a Document. It may be loosely divided into two types: master Images, which are Images prior to any enhancement or correction saved in an uncompressed format, and derivative Images, which may have been processed in some manner and are often saved at a lower resolution or in a different format for access purposes.
Image Enhancement Removal of date stamps and other markings, De-skewing Images to within five (5) degrees or less of skew, De-speckling, cropping, rotation, etc. Image Enhancement is a process to alter (usually in an automated manner) Images to render soiled, faded, speckled, deteriorated, and other aspects of Images to be more pleasing to viewers or more susceptible to automated extraction of text. The Image Enhancement process may reduce background noise and alter uneven line widths, dull edges, faded areas, and uneven illumination.
Index Field String of alpha-numeric characters that identify a Document.
Indexing Based on a pre-defined Taxonomy and Metadata, identification of specific attributes of a Document or database record to facilitate retrieval. For example, Images may be indexed by Fiscal Year in order to retrieve only those documents pertaining to that
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year.
Intelligent Character Recognition (ICR)
The computer translation of manually entered text characters into machine readable characters.
Large Format Document Source Media above 11” x 17” to accommodate maps, or other outsized documents
Metadata Data that provides information about other data. It is usually expressed as elements in a schema or fields in a database. Typical elements include "Fiscal or Program Year," "CE Name," "CE ID," "Retention Date," and other keywords where keywords are terms used in natural language. Metadata may be used by Indexing systems to help retrieve specific items.
On-time Driver arrives at client site within 30 minutes of scheduled arrival.
Output File Format An Output File Format is a way for TDA to receive digital Images in digital files. The SOW may require multiple Output File Formats (i.e., single-page TIFFs with Group IV compression). Sample Output File Formats include, but are not limited to, PDF, PDF/A, searchable PDF, TIFF, JPEG, etc.
Pilot Prior to Service Delivery, all processes from receipt of boxes to delivery of images and associated text into DSS subject to appraisal and approval by client.
Productive Hours As it relates to web service availability, the hours that the service is available for use, not including the times when the system is unavailable due to scheduled maintenance requirements.
Requirements/Needs Analysis Activities performed by the Vendor in order to understand project scope, requirements and dependencies during the Contract Management and Contract Delivery Management phases.
Service Delivery Production services delivered to TDA for this project after exiting pilot.
Special Handling Performance of imaging and processing for documents that are exceptions to Contract standards.
Standard Document Non-workflow paper documents that are 8 ½ x 11, 14 or 17; 11 x 17; voucher forms; checks; and bi-tonal (non-colored).
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State Record Gov’t Code 441.180 (11)"State Record" means any written, photographic, machine-readable, or other recorded information created or received by or on behalf of a state agency or an elected state official that documents activities in the conduct of the state business or use of public resources. The term includes any recorded information created or received by a Texas government official in the conduct of official business, including officials from periods in which Texas was a province, colony, republic, or state.
Statement of Work (SOW) Scope of Work (SOW)
A PA’s Digital Imaging Services request that fully describes the PA’s requested services, terms and objectives.
Threshold Scanning specification that determines if the image of a page will be captured. A minimum threshold must be set. The values are in Bytes and represent the size of the TIFF image created by the scanner. Any page with an image size below the threshold will not be captured.
TIFF Tagged Image File Format
Turnkey Solution A solution that is immediately ready to use upon implementation and is designed to fulfill the required process.
Work Request A digital imaging request for services from a TDA. Work requests that occur regularly or are cyclical in nature can be defined as one Work Request.
Workflow Document Documents that are digitally imaged by an agency upon receipt, either in-house or using a Successful Respondent, for immediate use by agency personnel or customers of the agency to perform daily job functions.
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1.1 PURPOSE OF THE REQUEST FOR PROPOSAL
The Texas Department of Agriculture (TDA) issues this Request for Proposals (RFP) for digital conversion, digital document management, and image storage of records* services relating to Contracting Entities (CEs) participating in TDA’s Food and Nutrition programs. If a contract is awarded as a result of this RFP, Successful Respondent (also referred to as “Contractor” herein), will be expected to work with TDA staff to have access to internal programs and meet all other program
requirements in order to complete this project and answer any questions related thereto.
1.2 BACKGROUND INFORMATION
The TDA's Food and Nutrition Division administers twelve (12) federal child and special nutrition programs for the State of Texas. TDA supports providers of nutrition assistance (called Contracting Entities) by helping ensure accountability and the efficient use of taxpayer dollars to nourish Texans in need. TDA, has engaged in a contract to convert approximately 2 million pages of documents and records in paper and electronic form to non-alterable indexed images in a searchable database. This effort has converted and processed Contracting Entity-related paper and electronic documents and records for the foregoing programs such as the CACFP, SFSP, SNP, FFVP, Commodities and Permanent Agreements, and delivered the resulting image files via the current contractor’s services to a Web-accessible secured electronic database. (DSS I) TDA is embarking on an effort to streamline this process and to optimize the processing and incorporation of digital-born documents to the database. TDA’s requirements include consideration of solutions to enable TDA to continue to comply with the USDA, State of Texas, Texas Department of Agriculture, TSLAC, and other agency policies and standards. The solutions TDA will consider include, but are not necessarily limited to: cost effectiveness; security; records retention; integrity; availability for the purpose of audits; and such other new requirements as might arise in the future. (DSS II).
1.3 CONTRACT TERM/OPTION TO EXTEND
The Term of any Contract resulting from this RFP shall be from contract award until August 31, 2016. Unless terminated in accordance with the provisions of this Contract, this contract shall automatically renew for up to three (3) consecutive one (1) year periods, contemporaneous with the State of Texas fiscal year. TDA will notify Contractor of the renewal term through a purchase order. All original contract terms and conditions will survive the termination or expiration of the initial contract period.
1.4 AWARD
TDA reserves the right to award one contract or more contracts under the terms of this RFP. Awards may be made solely at the discretion of TDA. Any award resulting from this RFP will be posted on the ESBD located at: http://esbd.cpa.state.tx.us. Any additional questions regarding award phase can be forwarded to the Purchaser noted in this solicitation. If a contract is awarded under this RFP, TDA will issue an internal purchase order referencing the RFP/Requisition Number and the TDA Contract number as referenced on the Notice of Award. The Successful Respondent’s response, this RFP, the Notice of Award, and any amendments thereafter will make up the Contract.
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1.5 COMPENSATION
All payments under the Contract, if any, will be made in accordance with Texas Government Code §2251.001, et seq., Payments for Goods and Services. Unless otherwise agreed to in writing by TDA, and authorized by state law, payment shall be made only by reimbursement upon satisfactory performance of services or after the delivery of goods authorized in an approved invoice. Successful Respondent agrees that if the Texas Comptroller of Public Accounts is prohibited from issuing a warrant to the successful respondent under section 403.055 of the Texas Government Code regarding payments to debtors or delinquents prohibited, any payments owed to Successful Respondent under any contract resulting from this RFP will be applied towards the debt or delinquent taxes owed to the State of Texas until the debt or delinquent taxes are paid in full.
1.6 REQUIREMENTS AND SPECIFICATIONS
This Statement of Work (SOW) outlines TDA’s current requirements, and anticipated additional enhancements, solutions and upgrades for the Document Scanning System (DSS) set forth in this RFP. TDA requests that all respondents provide an outline of their capabilities, requirements and costs for the Projects outlined below in this RFP. In addition, TDA requests that respondents submit a Disaster Recovery Plan that outlines recovery steps and responsibilities of each party, should an adverse event occur such as prolonged power failures, security breach, or other unforeseen occurrences. A. PROJECTS:
1. DSS I
a. Provide Ongoing Web based-Image Repository Hosting and Redundancy Hosting and Retrieval for secured access by approximately 250 TDA and Education Service Center staff, and auditors. All data and records are to remain the property of TDA, no matter where housed. Images currently housed number approximately 1.7 million, with approximately 250,000 images added every year.
b. Paper File Conversion: Ongoing processing and conversion of approximately 60 banker boxes of paper and other media records per year (may include CDs), preferably to be picked up, processed, and uploaded to DSS as indexed records by Contractor at its secured site, and then returned to TDA for Quality Assurance and Records Retention. Contractor shall provide a document management system that maintains continuous chain of custody and quality assurance.
2. DSS II
c. TDA On-site Processing: Provide an upload feature and desktop scanners to process approximately 65,000 electronic documents and 43,000 pages/images per year into DSS by TDA employees.
d. TX-UNPS Gateway for uploading Documents for CEs: Contractor shall provide a method and the facilities to securely link TX-UNPS and DSS to allow CEs the ability to attach PDF (and other) supporting documents to be delivered directly into DSS for multiple programs.
e. TX-UNPS Gateway for uploading Documents for TDA staff: Contractor shall provide a method and facilities to securely link TX-UNPS and DSS to allow TDA staff (monitors, compliance officers, and others) the ability to attach PDF Review and other supporting documents to be delivered directly into DSS for multiple programs.
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f. Records Retention: Contractor shall provide an automated method for TDA staff to select records not marked for ongoing retention for deletion according to TDA’s Records retention policy. Contractor shall provide reporting to prepare a TDA Deletion Authorization Request and develop a Group Deletion Utility.
g. Development of New Services: TDA may require additional services during the Contract period. Some of the additional needs may include, but are not limited to capabilities necessary to enable: group deletions; movement of material from one tab to another; additional reporting; the ability to upload directly from Field Digital Devices; on-line presentation of TDA Training; making Help files accessible from within DSS; and additional security measures.
3. Project 1
TDA uploads approximately 250,000 page equivalents of images per year. The source of these documents may be: a. Digital (PDF, Word, EXCEL, jpg, etc.) or paper, b. From Contracting Entities (CEs) in the form of Applications and supporting materials,
Audits, Claims, and Correspondence), or from TDA employees (Reviews and supporting materials, Contracts, and Correspondence.)
c. TDA will utilize desktop scanning and an upload feature on-site to image (as necessary) and upload electronic and paper files to DSS.
Contractor shall provide ongoing web-based Image repository hosting and redundancy hosting and retrieval for a structured database to manage and maintain DSS, with functions including but not limited to:*
d. Secured access, limited by role of user; e. Indexing (meta-data) to permit efficient storage and retrieval, with editing capabilities to
correct erroneous or missing indexes; f. Full Text Searching of Records; g. Ability to correct orientation or ordering of images, but prevent any image editing by users
with the exception of very few users who may delete images for Records retention purposes or to correct duplicates;
h. Reporting to maintain a complete audit trail of users and actions, and to facilitate QA audits; i. Downloading of images in PDF form to be used in review, legal, audit, or other actions; j. Conversion of approximately 2,000,000 images from current form to the Vendor Solution;
and k. *Alternately all respondents should describe solutions including provisions for a TDA-
Hosted Solution.
4. Project 2
TDA may generate or discover approximately 60 banker boxes of paper and other media records per year (may include CDs), preferably to be picked up, processed, and uploaded to DSS as indexed records by the Contractor at a secured site, and then returned to TDA for QA and Records Retention.
a. Contractor shall provide a document management system to provide for maintaining chain
of custody and quality assurance.
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5. Project 3
TDA receives approximately 25,000 paper documents per year and 65,000 digital images from CEs as part of the Application, Audit and Claims, and other processes, and internally generates documents and images as part of the Review and Audit and other processes.
a. Contractor shall provide TDA a system of desktop scanning and/or an upload feature on-
site to image and deliver electronic and paper files to DSS. 6. Project 4
TDA maintains an on-line system called TX-UNPS for CEs to enter Applications, Claims, and revisions. Contractor shall provide TX-UNPS Gateway for uploading Documents from CEs. Applications are time critical, as there is an application due date and time cutoff for each of our programs.
a. Contractor shall provide a method and facilities to securely link TX-UNPS and DSS to allow
CEs the ability to attach PDF (and other) supporting documents to be delivered directly into DSS as the required documentation. This documentation is to be reviewed by TDA staff outside of TXUNPS for multiple programs as part of the process carried out in TX-UNPS of Application review and approval, return for correction, or denial by TDA Program staff.
b. This method will automatically index and time and date stamp these entries, and permit a QA Review process (for format and completeness) for each entry on the instance of upload.*
7. Project 5
TDA staff (Monitors, Compliance Officers, and others) audit, review, and issue corrective action documents for CE’s post-Application approval.
a. Contractor shall provide a method and facilities to securely link TX-UNPS and DSS to allow
TDA staff (monitors, compliance officers, and others) the ability to attach PDF Review and other supporting documents to be delivered directly into DSS for multiple programs.
b. This method will automatically index and time and date stamp these entries, and permit a QA Review process (for format and completeness) for each entry on the instance of upload.*
8. Project 6
TDA is bound by policy to follow Records Retention Guidelines for the length of storage and the destruction of records. These periods vary by type of document (Application, Review, or Agreement, for example)
a. Contractor shall provide an automated method for items entered via TX-UNPS to affix the
appropriate Records Retention Date in an indexing field. b. Contractor shall also provide an automated process for TDA staff to select records not
marked for ongoing retention for deletion according to TDA’s Records Retention policies. c. Contractor shall provide reporting to be used in the preparation of Destruction requests,
including the full record name and all indexes and metadata. d. Contractor shall provide a method for TDA Staff to index certain records for ongoing
Retention due to Legal, Audit, or other extended hold reasons. e. Contractor shall provide a Group Editing Utility to permit TDA to delete a group of records
per the approved Destruction Request.
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9. Project 7
TDA strives for cost efficiency and adherence to USDA, State of Texas, and Texas State Library and Archives Commission (TSLAC) standards for business processes and records. TDA may require additional services during the Contract period to meet these standards. Some of the additional needs may include, but are not limited to: additional reporting, the ability to upload directly from field staff digital devices, and additional security measures.
a. Authorization
This Statement of Work (SOW) is authorized under, and subject to the terms of: Digital Imaging Services Contract for State Agencies, Local Governments, and Local Co-ops CCG Contract #: 920-C1. This SOW will remain in effect until the Contract has expired or is terminated. In addition, TDA may terminate this SOW upon thirty (30) calendar day’s written notice to Contractor. 1. Parties
Contractor and TDA will assume the responsibilities and roles specified in each section of this RFP. These organizations, as represented by the signatories listed in "Approvals", must acknowledge, understand and accept the importance of each of its responsibilities by signing this document. This document is not binding until all signatures have been obtained.
2. Project Phases
The Statement of Work (SOW) contained herewith will be performed in three phases:
b. Contract Management The first step, Contract Management, allows for the identification of Texas Department of Agriculture (TDA) requirements and determining how the Contractor can meet those requirements. The information elicited during this step will be provided to TDA as a statement of work. Upon approval of such statement of work and receipt of the purchase order (PO) from TDA, Contractor shall provide a deployment plan for each project including timelines. Approval of these plans by TDA signals the conclusion of the Contract Management phase.
c. Service Delivery
The second step, Service Delivery, allows for the on-going delivery of service to TDA for each phase of the contract which will follow the process as approved during after any Pilot or Testing Exercises. This includes Contractor’s receipt of the files from TDA, preparation of TDA file documents, scanning of TDA file documents, indexing of TDA file documents, processing, and delivery of the imaged TDA file documents and associated data files to TDA via DSS. Service Delivery for all phases will be monitored on a monthly basis by TDA to provide feedback on the level of quality service received from Contractor.
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B. PRODUCTS AND SERVICES
1. CONTRACT MANAGEMENT ACTIVITIES
Contractor shall commence the following activities upon execution of the SOW and receipt of the PO from TDA.
a. Project Plan
Upon execution of the SOW and receipt of the Purchase Order, Contractor shall draft a deployment plan, meant to set expectations and facilitate effective communication. This plan will contain all key contact information for all project members, all key deliverables as driven by the SOW, every risk identified during the project and testing, and tracking for every major milestone and activity to be performed. This is understood to be a living document which will grow and change throughout the life of the project phase. The plan may change prior to the Service Delivery commencement date due to adjustments and/or issues identified during the Pilot activities of the Contract Delivery Management phase or an unforeseen situation.
2. CONTRACT DELIVERY MANAGEMENT ACTIVITIES
This section describes the Contract Delivery Management activities that Contractor shall perform in order to ensure project continuance during the Service Delivery step for each phase with regard to TDA file documents. Contractor’s ability to perform these contract delivery management activities may be dependent on many variables outside Contractor’s control. Both parties understand that Contractor is not liable for any delay due to any circumstance under TDA’s control, including but not limited to:
Presentation of representative samples of documents by TDA.
Receipt of Records Retention Schedule from TDA.
Receipt of data sources/data logs from TDA.
Receipt of contact information from TDA for all key TDA personnel.
Availability of designated TDA personnel to review/approve all required deliverables.
Availability of key TDA personnel to address questions and/or discrepancies.
a. Requirements/Needs Analysis
1. Document of Understanding
Contractor shall provide a DSS checklist (as required for certain DSS Web Services) for TDA's I/T support to complete, as well as request from TDA a sample of file documents for Contractor to reference during any Pilot activities. Each sample set will be representative of TDA file documents that Contractor will be processing.
TDA will provide any database feed(s) (if applicable) for Contractor to review for validation purposes and to allow for the review of any additional data fields (as applicable) that will need to be included in the final output. TDA will provide an electronic copy of TDA’s Records Retention Schedule (RRS) associated with the file documents to be processed. Contractor shall review and analyze the document samples and database feed(s) (if applicable) before conducting interview sessions (as needed) with TDA's designated subject matter experts. Any business rules, exceptions, or otherwise additional detail pertaining to the Service Delivery requirements or technical aspect as taken from the completed DSS Checklist will be combined into a Document of Understanding (DOU).
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2. Project Specifications
Contractor shall develop a Project Specifications document based upon the analysis of the project requirements which will serve as a blueprint for the implementation, configuration, and customization of selected internal capture processes and of Contractor’s Web Services (as each Web Service applies).
The Project Specifications document will include:
I. TDA data requirements regarding the manual index fields, and/or key fields to be entered into Contractor’s system and any additional associated data extracted from client provided data feed(s), as applicable,
II. Service requirements for document management services, information management services, and records management services as applicable.
III. Contractor shall provide pricing and enumerate what resources will be needed with regard to staffing, hardware, software, network, consumables, etc.
b. Installation and Configuration of Resource Components
Contractor shall begin internal implementation development efforts on the selected capture processes as well as customization of each applicable Web Service after TDA’s acceptance of the Project Specifications document. Contractor shall begin developing test plans, test cases, and any required Pilot plans. The development effort is only considered partially complete when the internal processing applications and the applicable Web Services are ready for testing. Only after the applications have passed testing and are accepted as applicable during the Pilot by TDA will development be considered completed. TDA will be deemed to have accepted the applications (through evaluation of the Pilot) if it fails to accept the applications or propose changes thereto within ten (10) Business Days (or by agreed upon date) of Contractor notifying it in writing that the applications have passed testing.
Once the configured tools and Web Services are ready for testing, Contractor shall execute the test plans and test cases using the samples provided during Requirements/Needs Analysis, as well as validate and verify the performance and scalability objectives. Contractor shall create desk procedures as well as internal certification processes to help with staff training. After the appropriate Service Delivery staff has been identified for this project, they will be trained and certified using the samples provided during Requirements/Needs Analysis.
If the samples received during Requirements/Needs Analysis are determined by Contractor to not be representative so that that testing or training cannot be adequately performed, TDA will provide an additional sample set of TDA's file documents.
c. Definition of Service Delivery Metrics Certain quality adjusted Service Delivery metrics, utilization metrics, and productivity metrics will be defined by Contractor for internal use in order to enable the monitoring and management of the associated aspects of Service Delivery.
d. Pilot
For any new efforts which require a pilot, Contractor shall engage the appropriate TDA representatives once all applications have successfully exited Contractor testing, so that training can be provided on the applicable DSS Web Services and an evaluation can be made of the Pilot data and images.
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Contractor shall process feedback that TDA provides to Contractor during the Pilot. Any feedback requiring changes that are outside the approved SOW, DOU, and/or Project Specifications will be specified in writing by Contractor to TDA. The TDA must approve and accept the Pilot before Service Delivery can officially begin. Acceptance is based upon the completion criteria as defined in Section 1.10, "Completion Criteria".
3. SERVICE DELIVERY ACTIVITIES
After TDA has approved and accepted the Pilot, Contractor shall perform Service Delivery activities as outlined in this Section. All delivered images and associated data files are subject to acceptance as outlined in Section 1.10, "Completion Criteria". Contractor shall maintain standard non-disclosure and confidentiality agreements with the same terms and conditions provided in the CCG Contract, with its employees working on TDA's selected files. Contractor’s employees will only view TDA's file documents for the purpose of processing the selected TDA file documents for TDA.
a. Ongoing Web based-Image Repository Hosting and Redundancy Hosting and
Retrieval Contractor shall provide a structured database to manage and maintain DSS, with functions including but not limited to:
1. Secured access to DSS, limited by role of user, TDA requires:
I. Password Protected Access, via secured channel (VPN) for any user II. Administrator access for TDA to set up and maintain users III. The ability for Users to Reset their own passwords IV. System Lockout after 3 failed password attempts
2. Roles available to permit different levels of Access (By Profile, Program, or Document type (i.e. confidential Documents))
3. Roles available to permit different levels of Function (some users may need to perform multiple functions)
I. View only Roles II. Create and Add Records, Index, Download III. Edit Indexes IV. Merge Documents V. Delete Documents VI. View Reports
4. Indexing (meta-data) to permit efficient storage and retrieval, with editing capabilities to correct erroneous or missing indexes. Minimum Indexes to include:
I. Profile, II. CE Name III. CE Program Number (if Applicable) IV. CE ID Number (if Applicable) V. Document type, VI. Program or Fiscal year
VII. Disposition Date VIII. Tab (document types)
IX. Disposition Notes (For Records which need to be retained outside the standard Retention Guideline Date)
5. Search Capabilities I. Retrieve CE Related records by any one or combination of the following: II. Profile,
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III. CE Name IV. CE Program Number (if Applicable) V. CE ID Number (if Applicable) VI. Document type,
VII. Program or Fiscal year VIII. Disposition Date
IX. Tab (document types) (optional) X. NUL record search (for Documents missing index fields) (optional)
6. Full Text Searching of Records
I. Search within any record to locate specific pages, using a text term. II. Search for Records throughout DSS to locate relevant Documents (optional)
7. Ability to correct orientation or ordering of images, but prevent any other image editing by users with the exception of very limited users who may delete images for Records retention purposes or to correct duplicates.
I. Image Rotation or Re-ordering (Moving pages ) II. Move documents within any specific record III. Image Deletion by specific staff only IV. Merge or Separate Records (optional)
8. Reporting to maintain a complete audit trail of users and actions, and to facilitate QA audits.
I. User Login and Activity Reports II. Record Modification (Rotation, Re-ordering, re-indexing, or Deletions by
document, user and date/time III. CE Reports to list all records/documents by CE
9. Downloading of images in PDF form to be used in review, legal, audit, or other actions. 10. Contractor should provide a methodology and all included costs for moving from a
contractor-hosted solution to a TDA hosted solution. 11. Contractor should provide a methodology for converting approximately 2,000,000
images from the current Web-hosted Solution, including timelines and all included costs, and outline resources required from Contractor and TDA. All respondents should include case studies of experience in a similar or scalable conversion.
b. Document Conversion Services
1. Retrieval Requests (rare): If any open records requests are made to TDA, or there is another need for access to documents currently in Contractor’s possession, the document(s) may be returned via Contractor delivery or electronically to TDA following the request. If applicable the original document(s) may be delivered to TDA located at:
1700 North Congress Ave., 11thFloor Attn.: Bookie Read-Orr
Austin, TX 78701
or the document(s) may be sent to a different location other than the aforementioned address. Document(s) may also be sent electronically to TDA at their discretion via email as scanned images (if available at time of request). Should the electronic file be too large to email, the images can be packaged with a zipping program prior to emailing.
2. Document/Box Preparation performed by Contractor on behalf of TDA: Contractor shall perform all document/box preparation on behalf of TDA. Contractor shall collect all boxes from TDA Main Office. Any additional trips, outside of the TDA Main Office, will be charged on an actual cost basis and will be subject to prior approval by TDA before pick up. Documents that should not be scanned will be removed by Contractor per TDA instructions.
3. Pages to be scanned are 11"x 17" or smaller (standard sized). Pages that are smaller than 4"x4" (i.e. post-its, business cards, etc.) and envelopes that are significant to TDA
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and are to be processed by Contractor shall be photocopied by Contractor. The photocopies will be used in place of the originals.
4. Contractor shall ensure that the pages associated to a particular record are kept together such that the pages occur one immediately after the other.
5. TDA standard file documents will be packed in banker's boxes (16"x 13"x 10") with separated lids and/or package envelopes, both to be supplied by TDA.
6. Contractor shall pick up the boxes of documents from TDA facilities and deliver to Contractor’s production facility, preferably located in Austin, Texas.
7. Contractor shall perform preparations for scanning boxes that have been received.
8. Preparations to be performed are removal of staples, paperclips or rubber bands.
9. Contractor personnel shall receive and verify each box's contents against what was inventoried by TDA.
10. Contractor may utilize production scan settings during its processes. Every page will be scanned with the same settings. The standard sized (no larger than 11"x17") paper documents will be scanned bi-tonal at 300dpi in full duplex mode.
11. Images will be cropped, de-speckled, and de-skewed, as appropriate.
12. Indexing: Document Management Index Fields CACFP, SFSP, SNP, FFVP, Permanent Agreements will follow the existing projects requirements established for:
I. CACFP II. SFSP
III. SNP IV. FFVP V. FDP VI. Permanent Agreements
13. Contractor shall verify processing of all received boxes.
14. Consecutive images associated to the same CE, Program, Year, and Document Type will be merged together into image files. If more than one file exists for one record type there will be multiple resulting image files.
15. All pages will be merged to the bottom of the base file.
16. For the images associated with the standard sized pages, every effort will be made to remove Blank Pages (including bleed through pages) from the final paper output by disregarding images smaller than a defined byte threshold or that fit the definition of a Blank Page, as defined in Section 1.0, "Acronyms, Abbreviations and Definitions". This threshold for Blank Pages will be determined during analysis and will be reviewed by TDA during the Pilot. The threshold will be set such that the maximum number of Blank Pages will be caught and disregarded. These disregarded images will not be included in the resulting image files, but any Blank Pages that occur above this threshold, however, will appear in the final output.
17. All original input images will be backed up on tape.
18. Product Return: Each set of processed image files and associated data files will be delivered via DSS to TDA as they successfully exit Contractor’s processes. The paper documents will remain in the boxes in the condition that Contractor prepared them for scanning (i.e. bindings will not be replaced).
19. Contractor shall take commercially reasonable efforts to remediate (rework) TDA-identified issues on defective product delivered related to deviation from the latest agreed upon SOW, DOU, CCN, SMS and/or Project Specifications at no cost to TDA, provided, however, that TDA will notify Contractor of defects in need of rework within
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ninety (90) days of Contractor completing the Service Delivery contemplated under this SOW.
20. All delivered image files and associated data files are subject to acceptance within the timeframe outlined in Section 6.0, “Completion Criteria”.
21. All images scanned using the desktop scanner, Contractor imaging and PDF electronic uploads will be FULL TEXT searchable in DSS.
c. Project 3
TDA On-site Processing: Provide an upload feature and desktop scanners to process approximately 65,000 electronic documents and 43,000 pages/images per year into DSS by TDA employees.
1. Desktop scanners and DSS “Upload” feature will be used at TDA designated sites and the resulting images delivered directly into DSS.
2. All images scanned using the desktop scanner, Contractor imaging and PDF electronic uploads will be FULL TEXT searchable in DSS.
3. Each set of processed image files and associated data files scanned using the desktop scanner or upload feature on DSS will be delivered to TDA within 1 hour of being scanned or uploaded.
4. TDA employees shall be provided with a utility to designate the record (Document Type, CE Name, CE ID, CE Program number (if applicable), Program or Fiscal Year) to which material should be uploaded, to determine the TAB, edit Indexing Fields, and rotate pages (as authorized).
5. TDA Employees shall be able to access a report to help them track and manage their upload activity including, but not limited to: Date and Time of Upload, the Record CE Name, CE ID, CE Program number, the FY or Program Year, the Document Type, and any Disposition notes.
d. TX-UNPS Gateway for uploading Documents for CEs. Contractor shall provide a method and facilities to securely link TX-UNPS and DSS to allow CEs the ability to attach PDF (and other) supporting documents to be delivered directly into DSS for multiple programs.
e. TX-UNPS Gateway for uploading Documents for TDA staff: the vendor will provide a method and facilities to securely link TX-UNPS and DSS to allow TDA staff (monitors, compliance officers, and others) the ability to attach PDF Review and other supporting documents to be delivered directly into DSS for multiple programs. .
f. Records Retention: the vendor will provide an automated method for TDA staff to select records not marked for ongoing retention for deletion according to TDA’s Records retention policy..
g. Development of New Services: TDA may require additional services during the Contract period. Some of the additional needs may include, but are not limited to: group deletions, move material from one tab to another, additional reporting, the ability to upload directly from Field Digital Devices, on-line presentation of TDA Training and Help files accessible from within DSS, and additional security measures..
5. SERVICE DELIVERY MILESTONES
Contractor shall use reasonable efforts to meet the milestone dates indicated in the Deployment Project Plans; however, both parties agree that the Service Delivery is subject to factors and delays outside Contractor’s control. In case of such a delay, Contractor reserves the right, in its
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reasonable discretion, to negotiate with TDA to adjust the sequence or duration of its work activities, and deliver to TDA a revised milestones schedule.
All delivered images and associated data files are subject to acceptance as outlined in Section 1.10, "Completion Criteria".
1.7 VENDOR RESPONSIBILITIES
A. Contract Delivery Management:
Contractor shall be responsible for: 1. Coordinating with the appropriate TDA users and TDA I/T representatives to understand the
documents, their context in TDA’s daily business processes, and identifying as many constraints as possible.
2. Conveying the SOW to TDA for review and obtaining approval and acceptance from TDA. 3. Facilitating the translation of the requirements into the Project Specifications documentation
once the project commences. 4. Keeping TDA up-to-date on all project status and milestones. 5. Gaining agreement from TDA on the captured specifications and requirements. 6. Conveying expected deliverables to TDA for review and obtaining approval and acceptance
from TDA. 7. Providing training manuals (as applicable) and contacting the appropriate TDA users and TDA
I/T representatives to arrange for training sessions in preparation for the Pilot activities and Service Delivery phase.
8. Overseeing the external Pilot activities, providing support as necessary. 9. Obtaining approval and acceptance for any TDA Pilots.
B. Service Delivery:
Contractor shall be responsible for: 1. Preparing the boxes according to Section 2.3.1.2, "TDA Document/Box Preparation" on behalf
of TDA. 2. Timely box/document preparation, scanning, indexing, validation, processing, and output of
TDA's boxes. 3. Handling all reasonable TDA information requests for in-house documents. 4. Resolving any Service Delivery issues that may arise that materially affect the output to TDA. 5. Monitoring SMS and routing issues to the appropriate groups for resolution. 6. Support of the desktop scanner hardware and software. 7. Training for TDA personnel utilizing any provided desktop scanners on how to clean and
perform general maintenance on them.
C. Technology Requirements for Confidentiality:
Contractor shall implement the following information technology standards to ensure the confidentiality of information.
1. Network Security: Contractor shall maintain network security which includes the use of a
firewall, unique user names and passwords to access network resources. Contractor shall provide maintenance of a secure processing environment, and acknowledges that this deliverable includes but is not limited to the timely application of patches, fixes and updates to operating systems and applications.
2. Data Security: Contractor shall preserve the confidentiality, integrity, and accessibility of TDA data in motion or at rest with administrative, technical, and physical measures that conform to generally recognized industry standards and best practices.
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3. Data Storage: Contractor shall maintain any and all TDA data so that it is stored, processed and maintained solely on designated computers/servers and that no TDA data will be transferred to any portable or laptop computing device or any portable storage medium, unless that device or storage medium is in use as part of Contractor’s designated backup and recovery processes and encrypted in accordance with the Data Encryption provision below.
4. Data Transmission: Contractor shall ensure tha any and all electronic transmission or
exchange of system and application data with TDA shall take place via secure means (HTTPS or SFTP or equivalent).
5. Data Encryption: Contractor shall store all TDA data in encrypted form, using a commercially
supported encryption solution. Contractor shall maintain any and all TDA data defined as personally identifiable information under current regulations in encrypted form. Encryption solutions shall be deployed with no less than a 128-bit key.
6. Data Re-Use: Contractor shall ensure that any and all data exchanged shall be used expressly
and solely for the purposes enumerated in the Agreement. Data shall not be distributed, repurposed or shared across other applications, environments or business units of Contractor. Contractor shall ensure that no TDA data of any kind shall be transmitted, exchanged or otherwise passed to other vendors or interested parties except as specifically required to provide services agreed to in this agreement. Any other release of information requires specific agreement in writing by TDA.
7. If any hardware is replaced during the term of the contract, Contractor shall sanitize the hard
disks with a DOD compliant file deletion utility and notify the Information Security Officer of TDA, at [email protected] or 512-936-4117 of this procedure.
8. End of Agreement Data Handling: Contractor shall, upon termination of this Agreement for any
reason, Contractor shall erase, destroy and render unrecoverable all TDA data and certify in writing that these actions have been completed within 30 days of termination of this agreement or within 7 days of the request of an authorized TDA official, whichever comes first.
9. Contractor shall provide a list of all Contractor’s employees who have system administrative
access on the server and database level. This information shall be sent to TDA’s Information Security Officer without delay.
10. Security Incident Notification:
a. A “security incident” is defined as “any time TDA data has been or possibly has been exposed, accessed, shared or lost, whether in part whole, intentionally or unintentionally with a known or unknown individual or group other than TDA or its contractors or Contractor.”
b. In the event of a security incident, Contractor shall provide a subset of affected data and to comply with any and all additional requests for information.
c. Contractor shall not contact individuals affected by a security incident. d. In the event of a security incident, Contractor’s breach of its security obligations or other
event requiring notification under applicable law, Contractor shall immediately notify the following individuals:
Angela Gower Information Security Officer Texas Department of Agriculture [email protected] 512-936-4117
Angela Olige Chief Administrator Food and Nutrition Division Texas Department of Agriculture [email protected] 512-463-8583
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1.8 TDA RESPONSIBILITIES
A. Contract Delivery Management:
TDA will: A. Provide the “Records Retention Schedule” and “Electronic Records Management System
(ERMS) metadata” to Contractor; B. Identify to Contractor the appropriate TDA representatives responsible for coordinating with
Contractor throughout the life of the project. C. Provide Contractor with a list of key TDA personnel to contact for project-specific issues,
resolutions, and approvals. D. Address questions and/or discrepancies within two Business Days from receipt of question(s)
from Contractor’s Project Manager (or agreed upon due dates) to ensure Contract Delivery Management continuance according to the project schedule as defined in the Project Plan (PP).
E. Be responsible for communicating TDA requirements specifically and accurately. F. Be responsible for reviewing all Contractor communications and documentation and providing
feedback, approval and acceptance, or grounds for rejection within agreed upon due dates. G. Be responsible for ensuring that the proper users are present during scheduled training
sessions. H. Be responsible for providing feedback and/or sign-off on any required Pilots by agreed upon
due dates. I. Be responsible for communicating all issues, providing enough detail to allow reproducibility of
the defect (when applicable). J. Be responsible for notifying Contractor when new requirements are identified. K. Be responsible for cleaning and general maintenance of any Contractor-provided equipment.
B. Service Delivery:
1. TDA will provide acceptance or grounds for rejection based upon the Service Delivery Performance Summary referenced in Section 1.9, "Service Level Objectives".
2. TDA will notify Contractor in writing when new requirements are identified.
1.9 SERVICE LEVEL OBJECTIVES
A. ACCEPTABLE QUALITY LEVEL (AQL)
Contractor shall work with TDA to determine Acceptable Quality Levels for each Project, and measures thereof.
B. SERVICE REVIEW MEETINGS
Service review meetings will take place on an as-needed basis. The meetings will be conducted by the Contractor Account Executive and include the TDA DSS Administrator.
1.10 COMPLETION CRITERIA
Contractor shall have fulfilled its obligation under this SOW when each of the following has occurred:
A. Contract Delivery Management
1. Project Requirements analysis is complete when the Document of Understanding (DOU) has been updated with any provided feedback and delivered to TDA. The DOU must be approved and accepted by the agreed upon deadline as specified in the Deployment Project Plan (DPP) or TDA accepts the risk of delaying the rest of the scheduled activities. Approval and acceptance indicates that TDA's business requirements have been identified.
2. Technical analysis is complete when the Project Specifications documentation has been updated with any provided feedback and delivered to TDA. The Project Specifications must be approved and accepted by the agreed upon deadline as specified in the Deployment Project Plan (DPP) or TDA accepts the risk of delaying the rest of the scheduled activities. Approval
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and acceptance indicates that the fields that will appear in the final output after processing and/or how the data will be packaged/delivered have been identified and allows Contractor development team to begin the tooling phase and the customization of DSS.
3. Training is complete when training documentation (if applicable) has been delivered and training sessions have been provided to TDA.
4. Pilot is complete upon the last Business Day of the Pilot period. Pilot is considered approved and accepted within ten (10) Business Days or agreed upon due date after the Pilot has ended.
5. Approval and acceptance of the Pilot will be deemed TDA’s agreement of the following:
a. Pilot images and associated data files (if applicable) have been received into DSS and were formatted according to the requirements outlined in this SOW.
b. Pilot images and associated data files information (if applicable) has passed QA checks (acceptance test) by TDA representatives according to procedures developed by TDA.
c. All TDA reported issues have been resolved and documented.
B. Service Delivery
Contractor shall use reasonable efforts to process and deliver documents within the agreed turnaround time. Each electronic delivery is considered approved and accepted by TDA within two weeks of delivery if there are no issues currently outstanding.
Approval and acceptance indicates that the images and associated data files (if applicable) have met all of the following criteria:
1. All associated physical boxes and their contents have been received back in satisfactory order according to the requirements outlined in this SOW. Signed manifests indicate that all corresponding boxes were accounted for.
2. The images and associated data files (if applicable) have been received and were formatted according to the requirements outlined in this SOW.
3. The images and associated data files information (if applicable) has passed QA checks (acceptance test) by TDA representatives according to procedures developed by TDA.
4. All TDA reported issues have been resolved and documented.
1.11 ESCALATION PROCEDURE
All problems and issues concerning the performance of this agreement that are not resolved within agreed-upon timeframes, shall be escalated according to a set list of responsible parties. List shall be available upon request.
1.12 PURCHASE ORDER CHANGE NOTICES
Purchase Order Change Notices under this SOW must be exercised in the following situations:
1. Changes are required after the SOW has been executed.
2. Changes are required after the DOU has been accepted and approved.
3. Changes are required after the Project Specifications document has been accepted and approved.
4. Changes are required after the Pilot has been accepted and approved.
5. Changes are required after Service Delivery has commenced. In order to change the scope, specifications, schedule, or cost of an approved SOW, DOU, or Project Specifications document, a designated TDA representative or Contractor representative must submit a written request to the other party outlining the changes in the scope of work sought. Both parties must
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agree upon the changes, outlining such changes and agree on the necessary adjustments in staffing, schedule and/or pricing. The Agreed upon changes must be submitted to CAMPS by TDA, and approval will be in the form of a Purchase Order Change notice (POCN). Both Contractor and TDA team members are responsible for communicating the change approved through the Change Order Process of CAMPS to their respective individual group members to fulfill their part of approved POCNs.
1.13 PRICING
The pricing on the following page is based on the following assumptions:
A. (Project 1) Approximately 2,000,000 images stored, 250,000 added, 250,000 deleted P.A. 1. If Conversion is anticipated, please include costs based on 2,000,000 images. 2. Please provide any available pricing based on TDA hosting rather than as Contractor-Hosted
Solutions. B. (Project 2) Quarterly Paper Scanning – 60 bankers boxes P.A. C. (Project 3) 65,000 electronic images & 43,000 pgs/images added PA. D. (Project 4) Replace items from Project 3, no net addition in number of images*, Development Cost
Only E. (Project 5) Replace items from Project 3, no net addition in number of images*, Development Cost
Only F. (Project 6) Replace items from Project 1, 0 net deletion (Approximately 250,000 images to be
deleted PA). Need Reporting to prepare Deletion request, Development of Group Deletion Utility. G. (Project 7) Development of Utilities and Reporting or Security measures, no net effect on image
capture or deletion.
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SECTION 2 – GENERAL INSTRUCTIONS AND STANDARD PROPOSAL REQUIREMENTS All proposals in response to this request must meet the following conditions in order to be considered. Failure to meet these conditions shall result in disqualification of proposal and the proposal shall receive no further consideration. Any terms and conditions attached to a solicitation will not be considered unless specifically referred to in this solicitation and may result in disqualification.
2.1 PROPOSAL SUBMISSION, DATE, AND TIME.
Proposals must be received no later than: March 31, 2015- 3:00 P.M., Central Time (CT)
Hard copy proposals and samples shall be delivered to:
Texas Department of Agriculture Stephen F. Austin Bldg.
Attention: James Gonzalez 1700 N. Congress Avenue, 11
th Floor
Austin Texas 78701
And shall reference the solicitation number below:
RFP/Requisition Number: 551-5-02169
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. Proposal responses, modifications or addenda to an original response received by TDA after the specified time and date for closing will not be considered. TDA will not consider any late proposals for any reason. All submitted proposals become the property of TDA after the RFP submittal deadline/opening date. Facsimile (FAX) or Email transmission of proposals are not acceptable methods of responding to this RFP and will not be accepted under any circumstances.
2.2 NUMBER OF COPIES OF PROPOSAL
Five (5) copies of the proposal must be submitted and delivered to TDA at the specified in Section 2.1 by 3:00 P.M. on the established deadline date. Failure to meet either of these conditions shall result in disqualification of the proposal and the proposal shall receive no further consideration. Photocopying services are not available to respondents at TDA. Respondents may not rely upon or request TDA to make the requisite number of copies. Additions or replacements to the proposal will not be accepted after the closing date for receiving the proposal in the TDA Purchasing Office.
2.3 SCHEDULE OF EVENTS/CRITICAL DATES
Time is of the essence in making this award. In order to meet the target date for implementation, TDA shall strictly adhere to the following time schedule for the procurement process. The Successful Respondent, if any, must be able to meet all requirements to accommodate TDA’s needs identified in this RFP. The schedule is as follows:
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SCHEDULE OF EVENTS DATE
Publication of RFP in the Electronic State Business Daily (ESBD) at http://esbd.cpa.state.tx.us/
March 2, 2015
Proposer’s Conference, beginning at 9 AM, Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress Ave., check in to the 11
th Floor Reception Area, Austin, TX 79701
(RESERVATIONS REQUIRED) 512-463-1090 or [email protected]
March 10, 2015
Deadline for Submitting Questions to TDA, no later than 5:00 P.M., CT
March 18, 2015
TDA’s Official Response to Questions Posted on the ESBD
March 24, 2015
PROPOSAL/RESPONSE DUE: 3:00 P.M., CT March 31, 2015
Evaluation Process, Oral Presentations, and/or negotiations
April 1 - April 10, 2015
Selection of Proposer(s), or as soon thereafter as practical
April 15, 2015
Estimated Contract Award Date, or as soon thereafter as practical
June 1st, 2015
Beginning date of contract and commencement of work September 1st, 2015
Ending date of contract and final product submitted to TDA (unless extended per Section 1.3)
August 31st, 2016
It should be noted that all of these dates except the final completion date may vary slightly as conditions require.
2.4 POINT OF CONTACT/INQUIRIES
Respondents shall direct all inquiries and communications concerning this RFP to the Point of Contact listed below in writing by fax or email. Any person wishing to obtain clarifying information concerning this RFP shall contact:
James Gonzalez, CTPM, CTCM – Purchasing Coordinator [email protected]
Fax: (800) 509-1190
All inquiries will result in written responses posted to the Electronic State Business Daily at: http://esbd.cpa.state.tx.us/.
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. After award of this RFP’s contract, Contractor shall communicate with the project manager or TDA employee designated for management of an award made under this RFP. 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. The Respondent’s failure to periodically check the ESBD will in no way release the selected Contractor(s) from the requirements of “addenda or additional information” nor will any resulting additional costs to meet the requirements be allowed after award(s).
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2.5 IRREVOCABILITY OF THE PROPOSAL
The Proposal is irrevocable for 30 calendar days following the Proposal Opening Date and Time identified in Section 2.1. This period may be extended at TDA’s request with the Respondent’s written agreement.
2.6 STANDARD PROPOSAL REQUIREMENTS
A duly authorized representative of the respondent must execute the response submitted to this RFP. An unsigned proposal will not be accepted. Incomplete proposals may be rejected as non-responsive. Proposals must include the following: A. Vendor Tax ID. B. Vendor CMBL Vendor ID and HUB status. C. Vendor staff capabilities specific to this Statement of Work (SOW). D. Resumes of proposed staff and management. TDA expects the staff included in the proposal to be
the same staff actually performing the work on the project. E. Expertise with special emphasis on vendor experience with deliverables similar to those outlined in
this SOW (limit 4 pages). F. Vendor must provide reference list for other projects completed for other State Agencies G. Proposed project plan and project schedule. H. Proposals that address only part of the requirements contained in this RFPmay be considered non-
responsive. I. TDA reserves the right to reject any and all proposals and to negotiate portions thereof including cost
or budget. J. TDA reserves the right to select the best proposal considering the outcomes desired. The proposer
shall furnish such additional information as required by TDA for evaluation of the proposals.
2.7 SIGNATURE OF PROPOSER’S RESPONSE
Proposers must sign the “Execution of Offer, Affirmation of Terms and Conditions, and Proposal Preferences” (Attachment A). By signing, the Proposer or the Proposer’s legally authorized agent affirms 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 and Proposer shall also be removed from all vendor lists maintained by TDA.
2.8 STATE NOT RESPONSIBLE FOR PREPARTION COST OF SUBMITTING THE PROPOSAL
TDA will not be liable for any costs incurred in the preparation or submittal of a proposal and will not reimburse the Respondent for any cost related to its Proposal. The Respondent is responsible for any expense related to the preparation or submission of its Proposal.
2.9 DISCLOSURE OF PROPOSAL CONTENT
TDA will not consider any Proposal that bears a copyright. Proposals will be subject to the Texas Public Information Act (PIA), Texas Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies.
If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that 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
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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 the Proposal that are considered by the Respondent 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 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.
2.10 CONFLICT OF INTEREST
Respondent must disclose any existing or potential conflicts of interest. Respondents shall disclose all contractual or informal business arrangements/agreements, including but not limited to, fee arrangements and consulting agreements between your Company and TDA, TDA's staff, or any entity that provides services to TDA. Respondents must disclose all relationships with any other Texas state agencies. If a contract award is made under this RFP, successful respondent must certify compliance with all state and federal laws pertaining to application for and use of grant funds. Successful Respondent, if any, must be in compliance with and maintain compliance with all state and federal laws pertaining to ethics.
Failure to provide all requested information, or the inclusion of false or misleading information, shall be sufficient cause for the rejection of the proposal or termination of any subsequent contract.
Pursuant to Section 2252.901 of the Texas Government Code, Proposer shall make full disclosure of former employee/retiree of TDA who is an agent, consultant, contractor, or employee of Proposer or the intent to employ or subcontract with an individual who is a former employee/retiree of TDA. Within the first twelve months of leaving employment at TDA, a former employee/retiree selected by the Proposer for employment or subcontracting, shall not perform services on a project or fill a position that the former employee/retiree worked on while employed at TDA.
If the circumstances certified by Respondent change or additional information is obtained subsequent to submission of proposals, by submitting a response Respondent agrees that it is under a continuing duty to supplement its response under this provision and that the duty to disclosure of any conflicts of interest is an ongoing obligation throughout the term of the contract. Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation.
2.11 HUB SUBCONTRACTING PLAN REQUIREMENTS (Required for Contracts over $100,000)
It is the policy of TDA to promote and encourage contracting and subcontracting opportunities for State of Texas certified Historically Underutilized Businesses (HUBs) in all contracts in compliance with Chapter 2161, Gov't Code. Accordingly, TDA has adopted the Policy on Utilization of HUBs. If the TDA determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan (HSP) is a required element of the Proposal. Statement of Probability – TDA has determined that subcontracting opportunities are probable in connection with this procurement. Therefore, ALL respondents must fill out and submit a HUB Subcontracting Plan Form with the Proposal to be considered responsive. The respondent shall develop and administer the HSP as a part of the respondent's Proposal in accordance with the TDA Policy on Utilization of HUB and state law. Proposer must make a good faith effort and solicit a minimum of three Texas certified historically underutilized businesses from the state’s Centralized Master Bidders List (CMBL) for work that they cannot complete with their own staff and resources. Respondents must also notify minority or women trade organizations or development centers of subcontracting opportunities. Additional requirements are listed in the HUB Subcontracting Plan (HSP) (Attachment C). All Proposers are required to submit a HSP for this RFP.
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A. If the proposer is a HUB, a HSP is still required in order to identify the percentage of the work to be performed by subcontractors.
B. If the proposer (HUB or non HUB) is not subcontracting any portion of the work, the Self Performance portion of the HSP must be completed and returned with the proposal response.
The HUB subcontracting goal for this procurement is 23.6% minority and/or woman owned business participation.
If a RFP requires a HSP to be submitted and the proposal fails to include a HSP, it shall be rejected for noncompliance with the advertised specifications.
Eligible respondents are encouraged to become HUB certified. State of Texas HUB applications may be found at: http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ Definitions for State of Texas HUB certifiable businesses can be found in 34 TAC Chapter 20, Subchapter B, which is available at: http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=34&pt=1&ch=20&sch=B&rl=Y How to Find Texas Certified HUBs for Subcontracting Opportunities
Use the Comptroller Centralized Master Bidders List (CMBL)/HUB Directory (make sure to check both “HUBs not on the CMBL” and “HUBs on the CMBL”) 1. Open http://www2.cpa.state.tx.us/cmbl/cmblhub.html.
2. Search: HUBs on CMBL & HUBs not on the CMBL.
3. Selection 1:
Class Codes:/Item Codes
920-30 IMAGE PROCESSING AND CONVERSION SERVICES
920-34 MEDIA CONVERSION SERVICES
920-38 OPTICAL SCANNING SERVICES
958-82 DOCUMENT MANAGEMENT SERVICES
990-28 DOCUMENT/FILM/TAPE DISASTER RECOVERY SERVICES
4. Click Submit Search.
Proposers who are certified as a HUB with the State of Texas are encouraged to submit a proposal for the services requested in this RFP. Additional minority and women owned business association resources are available for subcontracting notices at: http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/ Questions about the HUB Subcontracting Form, finding HUB vendors, or the State of Texas HUB Program, should be directed to the TDA HUB Coordinator. Additional information and training regarding how to complete a HUB Sub-Contracting Plan can be found on the CPA Website at the following link: http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/
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SECTION 3 – PROPOSAL FORMAT AND CONTENT
3.1 PROPOSAL FORMAT
Proposers must submit five (5) printed copies of the Proposal. In addition, Proposers may submit one (1) electronic CDs/USB devices containing both a PDF and Microsoft® Word version of entire Proposal (including all attachments), and a Microsoft® Excel version of the required appendices. Proposals must be submitted in a manner which does not carry any benefit, keepsake, or value for members of the review panel. Proposal format should include the following: A. Bound in three ring binders B. Written on 8 ½” x 11” paper C. Sequentially numbered pages from front to back. (1, 2, 3, etc.) D. Tabs between each Section E. Proprietary and/or confidential, clearly marked
3.2 PROPOSAL CONTENT
RFP Cover Page
Proposer Response A. Cost Proposal B. Understanding of Project Requirements and Methodology C. Management Plan D. Task Activity Plan
Attachment A - Signed Execution of Offer, Affirmation of Terms and Conditions, and Proposal
Preferences
Attachment B – Vendor Information
Attachment C - HUB Subcontracting Plan (HSP)
Attachment D – Fee Proposal/Schedule of Task Completion 3.2A Cost Proposal
The proposer must identify all task activities and submit a corresponding budget detailing costs necessary to accomplish the services requested under this RFP. It is recommended that the task activities and budget detail be submitted in Excel compatible or Excel format. Costs must be justified in terms of activities and objects of expenditure and must be reasonable (i.e., consistent with current market price) and necessary to accomplish the work. 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. The cost proposal must also contain a proposed schedule of task completion which ensures completion of tasks and the delivery of products by specified dates. Payment will be made upon satisfactory performance of services, receipt by the TDA of specified deliverables, and receipt of properly prepared and certified invoices/expenditure reports. Failure to meet these conditions may result in disqualification of proposal and Proposer will receive no further consideration.
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3.2B Understanding of Project Requirements and Methodology
The proposal must communicate an understanding of the project, describe the tasks to be performed, and identify potential problems in the conduct of the project and methods to identify and solve such problems. The proposer must describe clearly, specifically, and as completely as possible, the methodology for carrying out the objectives and requirements of the project as described in this RFP. The proposal must describe the project design, project activities, materials, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in the RFP. Evidence relating to the proposer's ability to perform the proposed services must be appended to the proposal. Failure to meet these conditions may result in disqualification of proposal and Proposer will receive no further consideration.
3.2C Management Plan
The proposer must provide satisfactory evidence of capability to manage and coordinate the types of activities described in the RFP and to produce the specified product or service on time. To provide information on qualifications to accomplish the described tasks, proposers must include in this section the following information:
Structure of the organization
Indications of the ability to perform the tasks described in section 1.6.
Evidence that the proposer has gained experience through working on similar projects. The name of the agency or agencies served must be cited, the kinds of activities that were performed by the proposer must be described, and the name and phone number of a contact person from each employing agency must be provided.
Names of staff member(s) who will direct the overall project throughout the duration of the contract as well as those of staff members who will coordinate major activities during each phase of the contract, and the time allocations that the personnel described will devote to fulfillment of the contract. (An appendix to the proposal must contain resumes of project staff members.) If the resumes include references, the references will not be considered in the review. Names given as references will not affect the scoring. In addition, no employees of TDA can be listed in the proposal as references. If the proposer plans to use external consultants or subcontractors, a staff organization and resumes of consultants and/or subcontractors must be included.
3.2D Task/Activity Plan
Proposer must plan for a project starting date of no earlier than September 1st, 2015__, and an ending date of no later than August 31st, 2016 if selected as the contractor. The proposer must submit a task/activity plan specifying to the degree possible the tasks and activities which are to be undertaken. Timelines showing beginning and ending dates for each major task are to be included, as well as the name(s) of person(s) responsible for each task. Activities must be sufficiently designed and outlined in the task/activity plan that will provide evidence of satisfactory delivery of services and products. Time frames must be logical and appropriate to complete all activities within the beginning and ending dates of the contract. Failure to meet these conditions may result in disqualification of proposal and receive no further consideration.
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SECTION 4 - EVALUATION OF PROPOSALS 4.1 COMPETITIVE SEALED PROPOSALS
As TDA is awarding Contract(s) to respondent(s) pursuant to Competitive Sealed Proposals as authorized by Government Code §2156.121, TDA will evaluate respondents’ proposals on a variety of factors in addition to price. As such, TDA is not authorized to conduct public proposal openings or proposal tabulations prior to award of this Contract. Respondents should be aware that such information cannot and will not be provided prior to award of this Contract.
TDA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The 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 the 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 proposers 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 the response to this RFP and contract’s requirements. In conducting these discussions, there shall be no disclosure of any information derived from proposals submitted by competing entities.
4.2 REVIEW OF PROPOSALS
Review of proposals will begin as soon as practical after receipt. In the sole and absolute discretion of TDA, a proposer may be asked to come in and conduct an oral presentation of their proposal. If applicable, proposals will be rated again following oral presentations. By law, the Agency may not disclose any information until a contract is executed by both parties. Upon contract award, TDA will post the contract award notice to the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us/. Additional copies of proposals not selected for award will be disposed of only in accordance with the agency approved records retention policy.
4.3 EVALUATION CRITERIA
Proposals will be selected based on best value considerations to the state, including the demonstrated ability of each proposer to carry out all of the requirements contained in this RFP. A proposer who is in default or otherwise not in good standing under any other current or prior contract with TDA at the time of selection will not be eligible for award of this contract. TDA will base its selection on, among other things, demonstrated competence, qualifications of the proposer, past vendor performance, and the proposed budget/cost. All state agencies report unsatisfactory vendor performance on purchases over $25,000. Agencies report satisfactory and exceptional vendor performance to assist in determining best value. In accordance with Texas Government Code, §2155.074 and §2155.75, vendor performance may be used as a factor in future contract awards.
TDA will evaluate the proposer’s responses to this RFP based on proposer’s processes, products, and services and the criteria set forth below.
Following are the criteria and the total number of points of each portion of the RFP that will be applied in selecting a proposer:
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CATEGORIES POSSIBLE POINTS (may vary)
A Cost 50%
B
Understanding of Project Requirements and Methodology 1. Understanding of needs and requirements of project 2. Clear description of details for carrying out project 3. Identification of tasks to be performed 4. Materials, products, or services needed to complete project
25%
C
Management Plan 1. Evidence of capability to manage project 2. Experience of organization 3. Experience and qualifications of Key Personnel
10%
D
Task/Activity Plan 1. Logical and appropriate time frames
2. Activities are of sufficient scope and detail to provide evidence of satisfactory delivery of services and products
15%
An award will be made to the respondent that meets all criteria required by TDA 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 proposer to carry out all of 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 Proposer’s awareness of the evaluation process set forth in this RFP and the Proposer’s acknowledgement that subjective judgments may be made by TDA in regard to the evaluation process.
4.5 DISCUSSIONS WITH PROPOSER
TDA may conduct discussions with any proposer that appears to be eligible for award (“Eligible Proposer”), 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 Proposers.
4.6 BASIS OF AWARD
The selection will be based on best value considerations to the state, including demonstrated competence, experience, knowledge and qualifications, as well as the proposed fee 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. By this RFP, however, TDA has not committed itself to make an award or retain a vendor nor does the suggested scope of service or term of agreement below require that TDA make an award or retain a vendor 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.
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4.7 SELECTION OF VENDOR
The vendor selected for award will be the respondent whose proposal, as presented in response to this RFP and as determined by TDA to represent 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 vendors. All proposers acknowledge that TDA is not bound to accept the lowest-priced proposal.
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SECTION 5 – CONTRACTUAL REQUIREMENTS
5.1 CONTRACTOR’S PROPOSAL
The selected proposal may be incorporated into a contract prepared by the TDA for signature by the contracting parties.
5.2 PROJECT REVIEW REQUIREMENTS
TDA reserves the right to review any materials, and/or products developed or adapted by the Contractor. Upon completion of the contract period, all documents will be returned to TDA or destroyed accordingly. All documents created at any time during the contract period belong to TDA.
The TDA Project Manager will establish procedures for communicating phase out and transition of the deliverable(s).
5.3 PAYMENT
All payments are made in accordance with Texas Government Code §2251.001 et seq. Payments for Goods and Services. Unless otherwise agreed to in writing by TDA, and authorized by state law, payment is only by reimbursement upon 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, as negotiated by the TDA. 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, the agreed upon monthly amount, contract number, purchase order number, and the Texas Comptroller of Public Accounts Payee Identification Number (TIN). According to guidelines set forth by the Texas Comptroller of Public Accounts, the payment scheduling policy requires agencies to pay as close to the due date as possible in order to maximize fiscal benefits to the state. Payments are due from TDA 30 days from receipt of a correct and complete invoice.
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ATTACHMENT A – EXECUTION OF OFFER, AFFIRMATION OF TERMS AND CONDITIONS, AND PROPOSAL PREFERENCES
1. As used in the RFP and the Contract
The terms “include,” “includes,” and “including” are terms of inclusion and, where used in the RFP or this Contract, are deemed to be followed by the words “without limitation.”
Unless explicitly stated otherwise, any references to “Sections,” “Articles,” “Exhibits,” or “Attachments” are deemed to be references to the Sections, Articles, Exhibits, and Attachments to this RFP and the Contract.
2. As used in these General Provisions:
Contract means the entire document, including this RFP and all of TDA’s attachments, appendices, schedules (including but not limited to the General Provisions and the Special Provisions), amendments and extensions of or to the Standard Contract;
Receiving Agency or Party or TDA means the Texas Department of Agriculture;
Performing Agency or Contractor means the party or parties to this Contract other than TDA, including its or their
officers, directors, employees, agents, representatives, consultants and subcontractors, and subcontractors’ officers, directors, employees, agents, representatives and consultants;
Project Manager/Administrator means the respective person(s) representing TDA or Contractor, as indicated by the Contract, for the purposes of administering the Contract Project;
Contract Project means the purpose intended to be achieved through the Contract;
Amendment means a Contract that is revised in any respect, and includes both the original Contract, and any
subsequent amendments or extensions thereto;
Works means all tangible or intangible material, products, ideas, documents or works of authorship prepared or
created by Contractor for or on behalf of TDA at any time after the beginning date of the Contract (“Works” includes but is not limited to computer software, data, information, images, illustrations, designs, graphics, drawings, educational materials, assessment forms, testing materials, logos, trademarks, patentable materials, etc.); and,
Intellectual Property Rights means worldwide intangible legal rights or interests evidenced by or embodied in: (a) any
idea, design, concept, method, process, technique, apparatus, invention, discovery, or improvement, including any patents, trade secrets, and know-how; (b) any work of authorship, including any copyrights, moral rights or neighboring rights; (c) any trademark, service mark, trade dress, trade name, or other indicia of source or origin; (d) domain name registrations; and (e) any other similar rights. The Intellectual Property Rights of a party include all worldwide intangible legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses.
3. Contractor's Proposal: Contractor’s proposal that was furnished to TDA in response to a request for proposal is
incorporated in this Contract by reference. The provisions of this RFP shall prevail, however, in all cases of conflict arising from the terms of Contractor's proposal.
4. Contract Document. The Contract will consist of the Notice of Award; and any Contract Amendments thereto issued by
TDA; this RFP, together with any modifications thereto; and the successful Proposal, together with any Contract Amendments signed by both Parties.
5. Order of Precedence: In the event of conflicts in the interpretation of wording and/or meaning of various sections, parts,
Appendices, General Provisions, Special Provisions, Exhibits, and Attachments or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract (or Notice of Award), Attachments to the Contract (or Notice of Award), Request for Proposals, and Contractor’s Response to Request for Proposals.
6. Severability: In the event that any provision of the Contract is later construed to be illegal or invalid, such construction will
not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions will continue in full force and effect.
7. Contingency: The Contract(s), including any amendments, extensions or subsequent contracts, are executed by TDA
contingent upon the availability of appropriated funds by legislative act. Notwithstanding any other provision in this Contract or any other document, this Contract is void upon the insufficiency (in TDA’s discretion) or unavailability of appropriated funds. In addition, this Contract may be terminated by TDA at any time for any reason upon notice to Contractor. Expenditures and/or activities for which Contractor may claim reimbursement shall not be accrued or claimed subsequent to receipt of such notice from TDA.
8. Indemnification and Liability:
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Acts or Omissions Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of the Vendor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. Infringements a) Vendor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF VENDOR PURSUANT TO THIS CONTRACT. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. b) Vendor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Vendor’s written approval, (iii) any modifications made to the product by the Vendor pursuant to Customer’s specific instructions, (iv) any intellectual property right owned by or licensed to Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any applicable license agreement. c) If Vendor becomes aware of an actual or potential claim, or Customer provides Vendor with notice of an actual or potential claim, Vendor may (or in the case of an injunction against Customer, shall), at Vendor’s sole option and expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer’s use is non-infringing. Taxes/Workers’ Compensation/Unemployment Insurance – Including Indemnity 1) VENDOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, VENDOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF VENDOR’S AND VENDOR'S EMPLOYEES’ TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. VENDOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE CUSTOMER AND/OR THE STATE SHALL NOT BE LIABLE TO THE VENDOR, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER. 2) VENDOR AGREES TO INDEMNIFY AND HOLD HARMLESS CUSTOMERS, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS’ FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. VENDOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY VENDOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. VENDOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. This section is not intended to and shall not be construed to require the Contractor to indemnify or hold harmless the State of Texas or TDA for any claims or liabilities resulting from the negligent acts or omissions of TDA or its employees.
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9. Subcontracting and Substitutions: The Contractor shall perform the Contract with its own resources and those
subcontractors identified in the contractor’s HUB Subcontracting Plan, if applicable. In the event that the Contractor should determine that it is necessary or expedient to execute additional or alternative subcontracts for any of the performances under the Contract, the Contractor shall submit a revised Subcontracting Plan for prior approval before executing any subcontracts. The Contractor shall also transmit to TDA for review and prior TDA approval a true copy of the subcontract it proposes to execute with a subcontractor. The Contractor, in subcontracting for any performances specified herein, expressly understands and acknowledges that in entering into such subcontract(s), TDA is in no manner liable to any subcontractor(s) of the Contractor. In no event shall this provision relieve the Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all terms of this RFP and Contract. The Contractor shall manage all quality and performance, project management, and schedules for subcontractors. The Contractor shall be held solely responsible and accountable for the completion of all work for which the Contractor has subcontracted.
The TDA Project Manager must pre-approve any changes in key personnel throughout the contract term. Any changes to the HUB Subcontracting Plan (HSP) must be approved by the Agency HUB Coordinator before staffing changes are initiated. Substitutions are not permitted without written approval of the TDA Project Manager.
10. Affirmations and Certifications: Submitting a Proposal with a false statement is a material breach of contract and shall
void the Proposal or the Contract, and the Contractor shall be removed from all bid lists. By signature thereon affixed, the Contractor thereby affirms or certifies that:
A. Gratuities: The Contractor has not given, offered to give, and does not intend to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted response. Violation of this requirement may result in the termination of the Contract at the discretion of TDA.
B. Actual and Perceived Conflicts: By submitting a Proposal, the Contractor represents and warrants that it is in full
compliance with the conflict of interest standards set out in 7 CFR § 205.501(a)(11) and that neither it nor its
employees and subcontractors have an actual or potential conflict of interest in entering a Contract with TDA. The Contractor also represents and warrants that entering a Contract with TDA will not create the appearance of impropriety. In its Proposal, the Contractor shall disclose any existing or potential conflict of interest that it might have in contracting with TDA. TDA will decide, in its sole discretion, whether an actual or perceived conflict should result in Proposal disqualification or Contract termination. If the circumstances certified by Respondent change or additional information is obtained subsequent to submission of proposals, by submitting a response Respondent agrees that it is under a continuing duty to supplement its response under this provision and that the duty to disclosure of any conflicts of interest is an ongoing obligation throughout the term of the contract. Respondent shall submit updated information as soon as reasonably possible upon learning of any change to their affirmation
C. Current and Former TDA Employees: In addition to the disclosures required above, the Contractor shall also
disclose any of its personnel who are current or former employees of TDA or who are related, within the third degree by consanguinity (as defined by §573.023, Gov’t Code) or within the second degree by affinity (as defined by §573.025, Gov’t Code), to any current or former employees of TDA.
Contractor must comply with all applicable Texas and federal laws and regulations relating to the hiring of former state employees (see e.g., Texas Government Code Chapters 572 and 573). Such “revolving door” provisions generally restrict former agency heads from communicating with or appearing before the agency on certain matters for two years after leaving the agency. Contractor, by signing this solicitation, certifies that it has complied with all applicable laws and regulations regarding former state employees.
D. Executive Head: Pursuant to §669.003, Gov't Code, TDA may not enter into a contract with a person who employs a
current or former Executive Head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a Proposal, the Contractor certifies that it does not employ any person who was the Executive Head of a state agency in the past four years. If Section 669.003 applies, bidder will complete the following information in order for the bid to be evaluated: Name of Former Executive; Name of State Agency; Date of Separation from State Agency; Position with Bidder; and Date of Employment with bidder.
E. Default on Previous Contracts: By submitting a Proposal, the Contractor certifies that it has not had a contract
terminated or been denied the renewal of any contract for non-compliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the Contractor does have such a terminated contract, the Contractor shall identify each and provide an explanation for the termination.
F. True and Correct Representations. The Contractor shall promptly notify TDA in the event that any representations
and warranties provided in this Contract are no longer true and correct. The Contractor acknowledges that all of its representations and warranties contained in any part of its Proposal and this Contract are material and have been relied upon by TDA in selecting the Contractor for the award of the Contract. Further, the Contractor warrants and
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represents that all of its statements and representations made to TDA prior to being awarded the Contract, and those made during the negotiation of this Contract, are material, true and correct.
G. Child Support Obligations: Under §231.006, Texas Family Code, (relating to child support) the Contractor, by
submitting its Proposal, certifies that it is not ineligible to receive payments under the Contract and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate.
H. Texas Corporate Franchise Tax Certification: The Contractor, by submitting its Proposal, certifies that its
Corporate Texas Franchise Tax payments are current, or that it is exempt from or not subject to such tax.
I. Certification Concerning Dealings with Public Servants: The Contractor certifies that it will comply with all
applicable laws at all times, including, without limitation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery; or (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants and has not given and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this transaction.
J. Certification Concerning Financial Participation: Pursuant to §2155.004, Gov't Code, the Contractor certifies that
the individual or business entity named in its Proposal is not ineligible to receive the Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. Section 2155.004 prohibits a person or entity from receiving a state contract if that person or entity received compensation for participating in preparing the solicitation or specifications for the Contract.
K. Certification Concerning Hurricane Relief: Sections 2155.006 and 2261.053, Government Code, prohibit TDA
from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by §418.004, Gov't Code, occurring after September 24, 2005. Under §2155.006, Gov't Code, the Contractor certifies that the individual or business entity named in its Proposal is not ineligible to receive the Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate.
L. Fraud, Waste, and Abuse: The Contractor represents and warrants that it has read and understood and shall
comply with TDA’s Anti-Fraud Policy, found at: http://www.window.state.tx.us/ssv/ethics.html, as such Policy currently reads and as it is amended throughout the term of the Contract.
M. Deceptive Trade Practices: Unfair Business Practices: The Contractor represents and warrants that it has not been
the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that the Contractor has not been found to be liable for such practices in such proceedings. The Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.
N. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration
Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) enacted on September 30, 1996.
O. Civil Rights: The Contractor agrees that no person shall, on the ground of race, color, religion, sex, national origin,
age, disability, political affiliation, or religious belief, be excluded from the participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in the administration of, or in connection with, any program or activity funded in whole or in part with funds available under this Contract. The Contractor shall comply with Executive Order 11246, "Equal Employment Opportunity," as amended by Executive Order 11375, "Amending Executive Order 11246 relating to Equal Employment Opportunity," and as supplemented by regulations at 41 C.F.R. Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity Department of Labor."
11. Encumbrances/Obligations: All encumbrances, accounts payable, and expenditures shall occur on or between the
beginning and ending dates of this Contract. All goods must have been received and all services rendered during the Contract period in order for Contractor to recover funds due. In no manner shall encumbrances be considered or reflected as accounts payable or as expenditures.
12. Assignment of Contract: This Contract may not be assigned, sold, or transferred without the express written consent of
TDA. An attempted assignment after Contract award without TDA approval will constitute a material breach of contract.
13. Requirements, Terms, Conditions, and Assurances: The terms, conditions, and assurances, which are stated in the
Request for Proposal, in response to which Contractor submitted a proposal, are incorporated herein by reference for all purposes, although the current General Provisions shall prevail in the event of conflict.
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14. Records Retention: The Contractor shall retain all financial records, supporting documents, and any other records or
books relating to the performances called for in the Contract. The Contractor shall retain all such records for a period of four (4) years after the expiration of the Contract, or until all audit and litigation matters are resolved, whichever period is longer. The Contractor shall grant access to all books, records and documents pertinent to the Contract to TDA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. Following the termination of the contract, all records maintained or created by the Contractor shall be returned to TDA.
15. Intellectual Property Ownership: Contractor agrees that all Works are, upon creation, works made for hire and the sole
property of TDA. If the Works are, under applicable law, not considered works made for hire, Contractor hereby assigns to TDA all worldwide ownership of all rights, including the Intellectual Property Rights, in the Works, without the necessity of any further consideration, and TDA can obtain and hold in its own name all such rights to the Works. Contractor agrees to maintain written agreements with all officers, directors, employees, agents, representatives and subcontractors engaged by Contractor for the Contract Project, granting Contractor rights sufficient to support the performance and grant of rights to TDA by Contractor. Copies of such agreements shall be provided to TDA promptly upon request.
Contractor warrants that (i) it has the authority to grant the rights herein granted, (ii) it has not assigned or transferred any
right, title, or interest to the Works or Intellectual Property Rights that would conflict with its obligations under the Contract, and Contractor will not enter into any such agreements, and (iii) the Works will be original and will not infringe any intellectual property rights of any other person or entity. These warranties will survive the termination of the Contract. If any preexisting rights are embodied in the Works, Contractor grants to TDA the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license to (i) use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such preexisting rights and any derivative works thereof and (ii) authorize others to do any or all of the foregoing. Contractor agrees to notify TDA on delivery of the Works if they include any such preexisting rights. On request, Contractor will provide TDA with documentation indicating a third party’s written approval for Contractor to use any preexisting rights that may be embodied or reflected in the Works.
Contractor agrees, at Contractors expense, to indemnify, hold harmless and defend TDA and the State from claims involving infringement of third parties’ licenses, trademarks, copyrights or patents.
16. Capital Outlay: If Contractor purchases capital outlay (furniture and/or equipment) to accomplish the Contract Project, title
will remain with Contractor for the period of the Contract. TDA reserves the right to transfer capital outlay items for Contract noncompliance during the Contract period or as needed after the ending date of the Contract. This provision applies to any and all furniture and/or equipment regardless of unit price and how the item is classified in Contractor's accounting record. This provision is applicable when federal funds are utilized for the Contract.
17. TDA Property (terms): In the event of loss, damage or destruction of any property owned by or loaned by TDA while in
the custody or control of Contractor, Contractor shall indemnify TDA and pay to TDA the full value of or the full cost of repair or replacement of such property, whichever is the greater, within 30 days of Contractor's receipt of written notice of TDA's determination of the amount due. This applies whether the property is developed or purchased by Contractor pursuant to this Contract or is provided by TDA to Contractor for use in the Contract Project. If Contractor fails to make timely payment, TDA may obtain such money from Contractor by any means permitted by law, including but not limited to offset or counterclaim against any money otherwise due to Contractor by TDA.
18. State of Texas Laws: This Contract constitutes the entire agreement between TDA and Contractor for the
accomplishment of the work. This Contract shall be interpreted according to the laws of the State of Texas.
19. No Implied Authority. Any authority delegated to the Contractor by TDA is limited to the terms of the Contract. The
Contractor shall not rely upon implied authority and specifically is not delegated authority under the Contract to: (1) incur debt; or (2) have authority to represent TDA, other than to communicate or negotiate with clients, on behalf of TDA in relation to the terms of this contract.
20. Contractor Liability for Damage to Government Property: The Contractor shall be liable for all damages caused by the
Contractor and its employees, agents, subcontractors, and suppliers, in connection with any performance pursuant to the Contract. The Contractor shall notify the TDA Project Manager in writing of any such damage within one (1) calendar day.
21. Applicable Law and Venue: Subject to and without waiving any of the Agency’s rights, including sovereign immunity, this
Contract is governed by and construed under and in accordance with the laws of the State of Texas. Exclusive venue and jurisdiction of any legal action or suit concerning TDA under this Contract is, and that any such legal action or suit shall be brought, in a court of competent jurisdiction in Travis County, Texas
22. Point of Contact: All notices, reports and correspondence required by this Contract shall be in writing and delivered to
the TDA project manager listed in the notice of award
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23. Notices
A. Delivery of Written Notices: Any notice required under the Contract by one Party to the other Party shall be in writing and shall be addressed to the receiving Party at the address specified in the notice of award. The notice shall be deemed to have been given immediately if delivered in person or by electronic transmission. It shall be deemed to have been given on the date of certified receipt, if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the receiving Party at the address hereinafter specified.
B. Notice to the Successful Respondent: Within 10 days of the issuance of the Purchase Order, the Contractor shall identify in writing to TDA the address and contact person for all notices. If there is any change to this information during the term of the contract, the Contractor shall notify TDA in writing.
24. Key Personnel: The Contractor agrees that the key personnel assigned to the Contract shall remain available for the
entirety of the project throughout the term of the Contract as long as that individual is employed by the Contractor or unless TDA agrees to a change in the key personnel.
25. Federal Rules, Laws, and Regulations That Apply to all Federal Programs: Contractor shall be subject to and shall
abide by all federal laws, rules, and regulations, pertaining to the Contract Project, including, but not limited to: A. Americans With Disabilities Act, P.L. 101-336, 42 U.S.C. sec. 12101, and the regulations effectuating its provisions
contained in 28 CFR Parts 35 and 36, 29 CFR Part 1630, and 47 CFR Parts 0 and 64; 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 contained in 34 CFR Part 100; C. Title IX of the Education Amendments of 1972, as amended (prohibition of sex discrimination in educational
institutions) and the regulations effectuating its provisions contained in 34 CFR Part 106, if Contractor is an educational institution;
D. Section 504 of the Rehabilitation Act of 1973, as amended (nondiscrimination on the basis of handicapping condition), and the regulations effectuating its provisions contained in 34 CFR Parts 104 and 105.
E. The Age Discrimination Act of 1975, as amended (prohibition of discrimination on basis of age), and the implementing regulations contained in 34 CFR, Part 110;
F. Section 509 of H.R. 5233 as incorporated by reference in P.L. 99-500 and P.L. 99-591 (prohibition against the use of federal grant funds to influence legislation pending before Congress);
26. Federal, State, and Local Requirements: Contractor shall demonstrate on-site compliance with federal income tax laws
including issuance of Form W-2's to employees. Contractor is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Contractor shall comply will all federal and State tax laws and withholding requirements. The State of Texas shall not 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 omission or breach of this Section.
27. Audit Requirements: Pursuant to §2262.003, Gov't Code, the State Auditor's Office, or successor agency, may conduct
an audit or investigation of the Contractor or any other entity or person receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds by the Contractor or any other entity or person directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Contractor or other entity that is the subject of an audit or investigation must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. The Contract may be amended unilaterally by TDA to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement of §2262.003. The Contractor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards.
28. Forms, Assurances, and Reports: Contractor shall timely make and file with the proper authorities all forms, assurances
and reports required by federal laws and regulations. TDA shall be responsible for reporting to the proper authorities any failure by Contractor to comply with the foregoing laws and regulations coming to TDA's attention, and may deny payment or recover payments made by TDA to Contractor in the event of Contractor's failure so to comply. Contractor who is indebted or owes delinquent taxes to the state will have any payments under the Contract applied toward the debt or delinquent taxes owed the state until the account is paid in full, regardless of when the debt or delinquency was incurred. This provision does not apply if the warrant or transfer results in payments being made in whole or in part with money paid to the state by the Federal Government.
29. Signature Authority; Final Expression; Superseding Document: Contractor certifies that the person signing this Contract
has been properly delegated this authority. The Contract represents the final and complete expression of the terms of agreement between the parties. The Contract supersedes any previous understandings or negotiations between the parties. Any representations, oral statements, promises or warranties that differ from the Contract shall have no force or
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effect. The Contract may be modified, amended or extended only by formal written amendment properly executed by both TDA and Contractor.
30. Antitrust and Assignment of Claims: Pursuant to Texas Government Code §2155.005, the Contractor affirms that the
Contractor and any person, firm, corporation, partnership, or institution represented by the Contractor, and any person or entity representing the Contractor (1) have not violated the antitrust laws of Texas (Tex. Bus. & Com. Code §15.01, et seq.) or the United States (15 U.S.C. §1 et seq.); and (2) have not, directly or indirectly, communicated Contractor’s
Proposal for the Contract, or any pertinent portion thereof, to any competitor or any other person engaged in such line of business.
The Contractor hereby assigns to the State of Texas all of Contractor’s rights, title and interest in and to all claims and causes of action Contractor may have under the antitrust laws of Texas or the United States for overcharges associated
with the Contract.
31. Dispute Resolution: Chapter 2260 of the Texas Government Code prescribes dispute resolution processes for certain
breach of contract claims applicable to certain contracts for goods and services.
The dispute resolution process provided for in Chapter 2260 shall be used, as further described herein, to attempt to resolve any claim for breach of contract asserted by the Contractor under the Contract. If the Contractor claim for breach of Contract cannot be resolved by the Parties in the ordinary course of business, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260, to TDA. The notice shall also be given to the individual identified in the Contract for receipt of notices. Compliance by the Contractor with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.
The contested case process provided in Chapter 2260 is the Contractor’s sole and exclusive process for seeking a remedy for an alleged breach of Contract by TDA if the Parties are unable to resolve their disputes as described above.
Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TDA nor any other conduct of any representative of TDA relating to the Contract shall be considered a waiver of sovereign immunity to suit.
For all other specific breach of contract claims or disputes under the Contract, TDA and the Contractor shall first attempt to resolve them through direct discussions in a spirit of mutual cooperation. If the Parties’ attempts to resolve their disagreements through negotiations fail, the dispute will be mediated by a mutually acceptable third party to be chosen by TDA and the Contractor within fifteen (15) days after written notice by one of them demanding mediation under this Section. The Contractor shall pay all costs of the mediation unless TDA, in its sole good faith discretion, approves its payment of all or part of such costs. By mutual agreement, TDA and the Contractor may use a non-binding form of dispute resolution other than mediation. The purpose of this Section is to reasonably ensure that TDA and the Contractor shall, in good faith, utilize mediation or another non-binding dispute resolution process before pursuing litigation. TDA’s participation in, or the results of, any mediation or other non-binding dispute resolution process under this Section or the provisions of this Section shall not be construed as a waiver by TDA of (1) any rights, privileges, defenses, remedies or immunities available to TDA as an agency of the State of Texas or otherwise available to TDA; (2) TDA's termination rights; or (3) other termination provisions or expiration dates of the Contract.
Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TDA, the Contractor shall continue performance and shall not be excused from performance during the period any breach of contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of §2251.051, Gov't Code, and such suspension of performance is expressly applicable and authorized under that law.
32. Public Information Act: TDA is subject to the provisions of the Texas Public Information Act. If a request for disclosure
of this Contract or any information related to the goods or services provided under the Contract or information provided to TDA under this Contract constituting a record under the Act is received by TDA, the information must qualify for an exception provided by the Texas Public Information Act in order to be withheld from public disclosure. It shall be the responsibility of the Contractor to make any legal argument to the Attorney General or appropriate court of law regarding the exception of the information in question from disclosure.
THE CONTRACTOR WAIVES ANY CLAIM AGAINST AND RELEASES FROM LIABILITY TDA, ITS OFFICERS, EMPLOYEES, AGENTS, AND ATTORNEYS WITH RESPECT TO DISCLOSURE OF INFORMATION PROVIDED UNDER OR IN THIS CONTRACT OR OTHERWISE CREATED, ASSEMBLED, MAINTAINED, OR HELD BY THE CONTRACTOR AND DETERMINED BY THE ATTORNEY GENERAL OR A COURT OF LAW TO BE SUBJECT TO DISCLOSURE UNDER THE TEXAS PUBLIC INFORMATION ACT.
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33. News Releases: TDA does not endorse any Contractor to this RFP. News releases pertaining to this transaction and/or
advertisements, publications, declarations and any other pronouncements by the Contractor using any means or media mentioning the State of Texas or TDA must be approved in writing by TDA prior to public dissemination. Contractor may not send out unsolicited electronic mail or facsimile transmissions to TDA and/or customer entities without prior written approval of TDA, regardless of whether the proposed communication specifically references the awarded contract.
34. Protests: Any actual or prospective bidder or contractor who is aggrieved in connection with the solicitation, evaluation, or
award of this or any other contract by the TDA may submit a formal protest to TDA in accordance with Title 4, Part 1, Chapter 1, Subchapter Q of the Texas Administrative Code. This protest procedure shall be the exclusive method by which anyone may make a challenge to any aspect of the TDA’s contracting process.
35. Liability for and Payment of Taxes: TDA is exempt from State Sales tax and Federal Excise tax. The Contractor
represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, but not limited to any federal, state or local income, sales, property taxes or excise taxes of the Contractor or its employees. TDA shall not be liable for any taxes incurred by the Contractor in providing services as a part of this Contract.
36. Conformance: The Contractor warrants that all goods and services furnished shall conform in all respects to the terms of
this Contract, including any drawings, specifications or standards incorporated herein, and any defects in materials, workmanship, and free from such defects in design. In addition, Contractor warrants that goods and services are suitable for and will perform in accordance with the purposes for which they are intended.
37. Non-Waiver of Rights: Failure of a Party to require performance by another Party under the Contract will not affect the
right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach.
38. No Waiver of Sovereign Immunity: The Parties expressly agree that no provision of the Contract is in any way intended
to constitute a waiver by TDA or the State of Texas of any immunities from suit or from liability that TDA or the state may have by operation of law.
39. Criminal Convictions: Contractor represents and warrants that Contractor has not and Contractor's employees assigned
to TDA projects have not been convicted of a misdemeanor involving moral turpitude or felony criminal offense, or that, if such a conviction has occurred, Contractor has fully advised TDA as to the facts and circumstances surrounding the conviction. If awarded the contract, Contractor has a continuing duty to amend, supplement or correct this representation and warranty not later than ten (10) days after discovering additional information relating misdemeanor involving moral turpitude or to felony criminal convictions of Contractor or any of its employees. Contractor shall not allow any employee convicted of a misdemeanor involving moral turpitude or felony criminal offense to perform tasks related to the contract without such disclosure and express permission from TDA.
40. Buy Texas: In accordance with §2155.4441, Gov't Code, the Contractor shall, in performing any services under the
Contract, purchase products and materials produced in Texas when they are available at a comparable price and in a comparable period of time to products and materials produced outside Texas.
41. Excluded Parties List System: TDA is federally mandated to adhere to the directions provided in the President's
Executive Order (EO) 13224, Executive Order on Terrorist Financing - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing Contractors/vendors with the Federal General Services Administration's System for Award Management (SAM), https://www.sam.gov, which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Contractor certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the Contractor is in compliance with the State of Texas statutes and rules relating to procurement and that Contractor is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.
42. Web Accessibility Policy: State law requires State Agencies and institutions of higher education to provide persons and
employees with disabilities access comparable to access and use provided to the public and State employees without disabilities for the following: telephones and other telecommunications products, information kiosks, transaction machines, internet websites, and multimedia resources. TDA adheres to the standards set forth in 1 TAC §206, State Web Sites, 1 TAC § 213, Electronic and Information Resources, and the Federal 508 requirements which may be viewed at http://www.governor.state.tx.us/disabilities/resources/keylaws/access. This policy is applicable to all TDA contractors who develop or provide any of the services or products listed above as a result of a TDA contract award or approved vendor list. All documents created or developed under this Contract must also be compliant with all state and federal regulations
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for web accessibility (i.e., Americans with Disabilities Act (ADA) compliance, http://www.dir.state.tx.us/general_info/accessibility.htm).
43. Collusion: Contractor certifies and represents that Contractor has not colluded with, nor received any assistance from,
any person who was paid by TDA to prepare specifications or a solicitation on which a Contractor bid or proposal is based and will not allow any person who prepared the respective specifications or solicitation to participate financially in any contract award.
44. Independent Contractor: The Contract shall not render the Contractor an employee, officer, or agent of TDA for any
purpose. The Contractor is and shall remain an independent contractor in relationship to TDA. TDA shall not be responsible for withholding taxes from payments made under the Contract. The Contractor shall have no claim against TDA for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
45. Sanctions for Failure to Perform or for Noncompliance: Contractor performance shall be based on the timely
submission of deliverables identified in Section 1.6, Requirements and Specifications. If Contractor, in TDA's sole determination, fails or refuses for any reason to comply with or perform any of its obligations under this Contract, TDA may impose such sanctions as it may deem appropriate. This includes but is not limited to the withholding of payments to Contractor until Contractor complies; the cancellation, termination, or suspension of this Contract in whole or in part; and the seeking of other remedies as may be provided by this Contract or by law. Any cancellation, termination, or suspension of this Contract, if imposed, shall become effective at the close of business on the day of Contractor's receipt of written notice thereof from TDA.
46. Termination: This contract shall terminate upon full performance of all requirements contained in this contract, unless
otherwise extended or renewed as provided in accordance with the contract terms and conditions.
A. Convenience of TDA: TDA reserves the right to terminate the Contract at any time, in whole or in part, without cost
or penalty, by providing written notice, if TDA determines that such termination is in the best interest of the state in its sole and absolute discretion. In the event of such a termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon the effective date of termination.
B. Cause/Default: If the Contractor fails to provide the services contracted for according to the provisions of the
Contract, or fails to comply with any of the terms or conditions of the Contract, TDA may, upon written notice of default to the Contractor, immediately terminate all or any part of the Contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or under the Contract.
TDA may exercise any other right, remedy or privilege which may be available to it under applicable law and/ or proceed with appropriate court action to enforce the provisions of the Contract, or to recover damages for the breach of Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless TDA notifies the Contractor in writing prior to the exercise of such remedy. The Contractor shall remain liable for all covenants and indemnities under the Contract. The Contractor shall be liable for all costs and expenses, including court costs, incurred by TDA with respect to the enforcement of any of the remedies listed herein.
C. Change in Federal or State Requirements: If federal or state laws or regulations or other federal or state
requirements are amended or judicially interpreted so that either TDA or the Contractor cannot reasonably fulfill the Contract and if the Parties cannot agree to an amendment that would enable substantial continuation of the Contract, the Parties shall be discharged from any further obligations under the Contract.
D. Rights upon Termination or Expiration of Contract: In the event that the Contract is terminated for any reason, or
upon its expiration, TDA shall retain ownership of all work, work product and documentation, if any, obtained from the Contractor under the Contract.
E. Survival of Terms: Termination of the Contract for any reason shall not release the Contractor from any liability or
obligation set forth in the Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding confidentiality, indemnification, transition, records, audit, property rights, dispute resolution, and invoice and fees verification.
47. No Liability Upon Termination: If this Contract is terminated for any reason, TDA and the State of Texas shall not be
liable to Contractor for any damages, claims, losses, or any other amounts arising from or related to any such termination. However, Contractor may be entitled to the remedies provided in Government Code, Chapter 2260.
48. Contract Cancellation, etc.: If this Contract is cancelled, terminated, or suspended by TDA prior to its expiration date,
the reasonable monetary value of services properly performed by Contractor pursuant to this Contract prior to such cancellation, termination or suspension shall be determined by TDA and paid to Contractor as soon as reasonably possible, if so authorized under applicable law.
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49. Refunds Due to TDA: If TDA determines that TDA is due a refund of money paid to Contractor pursuant to this
Contract, Contractor shall pay the money due to TDA within 30 days of Contractor's receipt of written notice that such money is due to TDA. If Contractor fails to make timely payment, TDA may obtain such money from Contractor by any means permitted by law, including but not limited to offset, counterclaim, cancellation, termination, suspension, total withholding, and/or disapproval of all or any subsequent applications for said funds.
50. Amendments:
A. Any alterations, additions, or deletions to this Contract, subject to Paragraph 7 of the General Provisions will be made on AMENDMENT TO TEXAS DEPARTMENT OF AGRICULTURE STANDARD CONTRACT form supplied by TDA. Amendments must be mailed to the Purchasing Division, Texas Department of Agriculture, Stephen F. Austin Building, 1700 North Congress, Austin, Texas 78701. An amendment to this Contract will become effective on the date of signature of TDA. However, changes considered substantial will be submitted to the Contract Advisory Team for review prior to approval. Changes are considered substantial when: 1) the solicitation change caused the estimated value for the original term of the contract, not including renewal periods, to increase by 25% or more; or 2) there are significant revisions, deletions and/or additions to the specifications, statement of work, set(s) of deliverables, performance measures, payment methodology, etc.
B. The Contractor shall submit a revised budget document to the TDA Project Manager for approval. Once approved,
the documents must be submitted to the Purchasing Division and will be incorporated into the Contract file. Failure to submit the budget documents will result in invoices being rejected or payment delayed. The Contractor shall not be entitled to payment for any additional services, work, or products that are not authorized by a properly executed Contract amendment.
C. Written amendments are required for the following Contract changes:
1. any revision to the scope of work or the required deliverables or services to be performed under the contract; 2. any revision to a term or provision of the Contract; 3. any revision which would result in the need for additional funding; 4. any revision to the scope or objectives of the Contract (regardless of whether there is an associated budget
revision requiring prior approval); 5. a request to extend the period of the Contract; 6. cumulative transfers among direct cost categories which exceed or are expected to exceed ten percent of the
current total approved budget category 7. any reduction of funds or reduction in the scope of work; 8. whenever a line item within a class/object code is added; 9. an increase in the quantity of capital outlay item(s) requested; and 10. an increase or decrease in the number of positions charged to Contract.
51. Insurance:
The Contractor represents and warrants that it will obtain and maintain for the term of the Contract all insurance coverage required to ensure proper fulfillment of the Contract and its liabilities thereunder. The Contractor shall insure any of its motor vehicles used to fulfill its duties under the Contract and ensure that its subcontractors do the same. Such insurance shall comply with Texas statutory requirements and also cover any cargo being picked up or delivered to Members. The Contractor represents and warrants that all of the above coverage will be obtained from companies that are licensed in the state of Texas, have an “A” rating from Best, and are authorized to provide the coverage.
Unless specified in the RFP, Contractor must maintain insurance in the amounts specified below: A. Workers Compensation and Employee Liability
Contractor must maintain Workers compensation insurance coverage in accordance with the following statutory limits:
Employers Liability: Each Accident $1,000,000 Disease- Each Employee $1,000,000 Disease-Policy Limit $1,000,000
B. Commercial General Liability Coverage
Contractor must maintain the minimum general liability insurance coverage as reflected below: Occurrence based:
Bodily Injury and Property Damage Each occurrence limit: $1,000,000 Aggregate limit: $2,000,000 Medical Expense each person: $5,000 Personal Injury and Advertising Liability: $1,000,000 Products /Completed Operations Aggregate Limit: $2,000,000 Damage to Premises Rented to You: $50,000
The Respondent represents and warrants that all of the above coverage will be obtained from companies that are licensed in the state of Texas, have an “A” rating from Best, and are authorized to provide the coverage.
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52. Payment:
A. Payment for service(s) described in this Contract is contingent upon satisfactory completion of the service(s).
Satisfaction will be determined by TDA, in its sole discretion. Unless otherwise stated, payment under this Contract will be made upon performance of services based upon submission of an expenditure report/invoice, properly prepared and certified, outlining expenditures by cost category. Include the contract number, purchase order number, and the Texas Comptroller of Public Accounts Texas Identification Number (TIN) on all invoices/expenditure reports. The cost categories provided in the expenditure report/invoice must coincide with the cost categories detailed in the approved budget. A list of tasks/activities performed during the invoice period must accompany the expenditure report/invoice. The final expenditure report/invoice is due within forty-five days after the end of the Contract. Payment on the final expenditure report is contingent upon receipt of all reports/products required by this Contract.
B. Contractor who is indebted or owes delinquent taxes to the state will have any payments under the contract applied
toward the debt or delinquent taxes owed the state until the amount is paid in full, regardless of when the debt or delinquency was incurred. TDA shall determine whether a payment law prohibits the Comptroller from issuing a warrant or initiating an electronic funds transfer to a person before TDA enters into a written contract with that person.
C. Contractor may verify their account status by accessing the Comptroller’s website at: http://ecpa.cpa.state.tx.us/vendor/tpsearch1.html. If the account status message is “on vendor hold,” the contractor
is advised to contact the Comptroller’s Warrant Hold Section in the Division of Revenue Accounting at 1-800-531-5441 ext. 3-4561 for assistance in resolving the issue.
D. Direct Deposit
The Texas Comptroller of Public Accounts encourages vendors to receive payment by direct deposit. To receive future payments by direct deposit, vendors should download and fill out the New Setup Direct Deposit/Advance Payment Notification, Form 74-207 available at www.txdirectdeposit.org. Vendors may request Advance Payment Notification by fax or e-mail. This feature includes notification one business day before the deposit posts to the vendor’s bank account. It also provides the amount of the deposit and which agency it came from. Vendors may also receive remittance information with the notification.
E. Invoicing
1. Invoices for services are to be submitted at the first business day of each month for the number of hours worked the previous month.
2. Each invoice must clearly outline the number of hours worked on each item. 3. Invoices should be submitted via email to appropriate TDA staff person with TDA Purchase Order number
clearly indicated on the invoice.
53. Debts and Delinquencies: As required by § 2252.903, Gov't Code, the Contractor agrees that any payments due
under the Contract shall be directly applied towards eliminating any debt or delinquency including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.
54. No Debt Against the State: The Contract shall not be construed as creating any debt by or on behalf of the State of
Texas.
55. Prohibition of text messaging: Prohibition of text messaging and emailing while driving during official federal grant
business: Federal grant recipients and their grant personnel are prohibited from text messaging while driving a government owned vehicle or while driving their own privately owned vehicle during official grant business, or from using government supplied electronic equipment to text message or email while driving. Recipients must comply with these conditions under Executive Order 13513, “Federal Leadership On Reducing Text Messaging While Driving,” effective October 1, 2009.
56. Force Majeure: TDA and the Contractor shall not be responsible for performance under the Contract should it be
prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of TDA. In the event of an occurrence under this Section, the Contractor will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Contractor continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Contractor shall immediately notify TDA Contract Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance.
57. Drug Free Workplace Policy: The contractor shall comply with the applicable provisions of the Drug-Free Work Place
Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work
RFP No. 551-5-02169
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environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued.
The Texas Government Code and Family Code sites referenced in this document may be viewed at:
http://www.statutes.legis.state.tx.us/ The Texas Administrative Code site referenced in this document may be viewed at:
http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac
58. U.S. Department of Homeland Security’s E-Verify System: By entering into this Contract, the Contractor certifies
and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of:
1. All persons employed to perform duties within Texas, during the term of the Contract; and 2. All persons (including subcontractors) assigned by the Respondent to perform work pursuant to the Contract,
within the United States of America.
The Contractor shall provide, upon request of (agency name), an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Contractor, and Contractor’s subcontractors, as proof that this provision is being followed. If this certification is falsely made, the Contract may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The Contractor shall also be responsible for the costs of any re-solicitation that the state must undertake to replace the terminated Contract.
Check below if preference claimed under Title 34, Part 1, Chapter 20, Subchapter C, Rule 20.38.
(__) Supplies, materials or equipment: Produced in Texas/offered by Texas bidders (__) Agricultural products produced or grown in Texas (__) Agricultural products and services offered by Texas bidders (__) Products offered by Texas Bidder owned by a Texas resident service-disabled veteran (__) USA Produced supplies, materials or equipment (__) Products of persons with mental or physical disabilities (__) Products made of recycled, re-manufactured, or environ-sensitive materials including recycled steel (__) Energy efficient products (__) Rubberized asphalt paving material (__) Recycled motor oil and lubricants (__) Products produced at facilities located on formerly contaminated property (__) Products and services from economically depressed or blighted areas (__) Vendors that meet or exceed air quality standards (__) Recycled or Reused Computer Equipment of Other Manufacturers (__) Foods of Higher Nutritional Value By submitting a response to this RFP, and if such response is not withdrawn prior to the time for opening proposals arrives, respondent understands and agrees that they are making a firm offer to enter into a contract, which may be accepted by TDA and which will result in a binding contract. ___________ (Respondent must initial and date here to show agreement) By signing this proposal, Contractor certifies that if a Texas address is shown as the address of the Contractor, Contractor qualifies as a Texas Resident Bidder as defined in Texas Administrative Code, Title 34, Part 1, Chapter 20. We, as an interested party, agree to the criteria and specifications, as stated herein, and have submitted our proposal as requested. (Failure to sign will disqualify bid.) COMPANY ADDRESS
RFP No. 551-5-02169
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CITY, STATE, ZIP SIGNATURE NAME TITLE TELEPHONE DATE
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TEXAS DEPARTMENT OF AGRICULTURE VENDOR INFORMATION
ATTACHMENT B RFP #551-5-02169
Mailing Address: P.O. Box 12847, Austin, Texas 78711
Physical Address: 1700 N. Congress Avenue, Austin, Texas 78701
Voice: (512) 463-2805 Fax: (888) 223-9048
Hearing Impaired: (800) 735-2988 www.TexasAgriculture.gov
PROPOSALS MUST BE RECEIVED BY March 31, 2015. LATE SUBMISSIONS WILL BE RETURNED.
SECTION 1 – RESPONDENT INFORMATION
D.B.A. Name (if applicable)
Type of Business
(check one):
Corporation Limited Liability Co. Limited Partnership General Partnership
Sole Proprietor Cooperative Other (specify)
DUNS Identification Number
(must be nine (9) digits and match W-9) -
Social Security Number (if sole proprietor) - -
SECTION 2A. APPLICANT - Please list the full legal name (no aliases or nicknames) of the primary person (Partner, Manager or Owner) responsible for the business. This person can enter into legal agreements on behalf of the business.
First Name
Last Name
Mr. Dr.
Ms. Other
Mailing Address
City
State
Zip
County
Business Phone
( ) -
Cell Phone
( ) -
E-mail Address
Title
Respondent’s Website, if any
SECTION 2B. PRIMARY CONTACT INFORMATION – (if different from applicant) This person can answer day-to-day questions about the organization.
Same As Above
First Name of Contact
Last Name of Contact
Mr. Dr.
Ms. Other
Contact phone number
( ) -
Contact E-mail Address
Title
Name of Business Respondent’s Website, Twitter, and Facebook link, if any
TODD STAPLES, COMMISSIONER
RFP No. 551-5-02169
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ATTACHMENT B
PROPOSALS MUST BE RECEIVED BY March 31, 2015. LATE AND INCOMPLETE PROPOSALS WILL NOT BE ACCEPTED.
SECTION 3—PROPOSAL CHECKLIST
REQUIRED: Responses received without the required documentation will be disqualified.
ATTACHMENT A—EXECUTION OF PROPOSAL
PROPOSAL
HUB FORM, IF APPLICABLE
SAMPLES OF WORK
ASSUMPTIONS AND EXCEPTIONS, IF APPLICABLE
CONFLICT OF INTEREST DISCLOSURE, IF APPLICABLE
SECTION 4 –CERTIFICATIONS
The Respondent does hereby acknowledge that it can meet all requirements as stated and also acknowledges the receipt, review, and acceptance of the Request for Proposals identified in its Proposal. Any exceptions to the statement of work, terms, requirements, and conditions have been explicitly set forth in the Respondents Proposal. Failure to sign and submit this form with its Proposal may disqualify the Proposal. By signing below, applicant:
(1) Certifies that all information provided in connection with this application is true and correct; (2) Acknowledges that any misrepresentation or false statement made by applicant or an authorized
agent of applicant in connection with this application, whether intentional or not, will constitute grounds for denial of this proposal, or termination of contract award, and may be the subject of civil and/or criminal liability and sanctions;
(3) Acknowledges that acceptance of funds in connection with this application acts as acceptance of the authority of the Texas Department of Agriculture (TDA), or any successor agency, the State Auditor’s Office (SAO), or any successor agency, to conduct an investigation in connection with those funds, and applicant further agrees to cooperate fully with TDA or its successors, SAO or its successor, in the conduct of the audit or investigation, including allowing TDA and SAO to inspect applicant’s premises and providing all records requested during the grant period and for at least three years after the award period has terminated; and
(4) Acknowledges, if applicant is an individual, that this application and any payments owed to applicant in connection with this application may be denied due to delinquency in payment of a guaranteed student loan and for failure to pay child support. The person signing this application certifies that he or she is authorized to submit this application and to make the preceding certifications and acknowledgements on behalf of applicant.
(5) This application becomes public record and is subject to disclosure. With few exceptions, you have the right to request and be informed about the information that the State of Texas collects about you. You are entitled to receive and review the information upon request. You also have the right to ask the state agency to correct any information that is determined to be incorrect. (Reference: Government Code, Sections 552.021, 552.023, and 559.004.)
SECTION 5 –AGENT SIGNATURE (Person Listed in Section 2A)
X________________________________________
Date (mm/dd/yyyy)
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ATTACHMENT C Historically Underutilized Business Subcontracting Plan (HSP)
While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.
If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – Yes, I will be subcontracting portions of the contract
Section 2 b. – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors
Section 2 c. – Yes
Section 4 – Affirmation
GFE Method A (Attachment A) – Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all
the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous contract* in place for five (5)
years or less meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”,
complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – Yes, I will be subcontracting portions of the contract
Section 2 b. – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors
Section 2 c. – No
Section 2 d. – Yes
Section 4 – Affirmation
GFE Method A (Attachment A) – Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the
aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous
contract* in place for five (5) years or less does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special
Instructions/Additional Requirements”, complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – Yes, I will be subcontracting portions of the contract
Section 2 b. – List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors
Section 2 c. – No
Section 2 d. – No
Section 4 – Affirmation
GFE Method B (Attachment B) – Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.
If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources, complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources
Section 3 – Self Performing Justification
Section 4 – Affirmation
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the
prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is util ized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
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HUB SUBCONTRACTING PLAN (HSP) While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.
If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – Yes, I will be subcontracting portions of the contract
Section 2 b. – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors
Section 2 c. – Yes
Section 4 – Affirmation
GFE Method A (Attachment A) – Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all
the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous contract* in place for five (5)
years or less meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”,
complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – Yes, I will be subcontracting portions of the contract
Section 2 b. – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors
Section 2 c. – No
Section 2 d. – Yes
Section 4 – Affirmation
GFE Method A (Attachment A) – Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the
aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous
contract* in place for five (5) years or less does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special
Instructions/Additional Requirements”, complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – Yes, I will be subcontracting portions of the contract
Section 2 b. – List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors
Section 2 c. – No
Section 2 d. – No
Section 4 – Affirmation
GFE Method B (Attachment B) – Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.
If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources, complete:
Section 1 – Respondent and Requisition Information
Section 2 a. – No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources
Section 3 – Self Performing Justification
Section 4 – Affirmation
Rev. 02/12
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the
prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
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HUB SUBCONTRACTING PLAN (HSP) In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).
NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).
The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are:
11.2 percent for heavy construction other than building contracts,
21.1 percent for all building construction, including general contractors and operative builders contracts,
32.7 percent for all special trade construction contracts,
23.6 percent for professional services contracts,
24.6 percent for all other services contracts, and
21 percent for commodities contracts.
- - Agency Special Instructions/Additional Requirements - -
SECTION 1 RESPONDENT AND REQUISITION INFORMATION
a. Respondent (Company) Name: State of Texas VID #:
Point of Contact: Phone #:
E-mail Address: Fax #:
b. Is your company a State of Texas certified HUB? - Yes - No
c. Requisition #: Bid Open Date:
(mm/dd/yyyy)
Enter your company’s name here: Requisition #:
In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.
Rev. 02/12
RFP No. 551-5-02169
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SECTION 2 SUBCONTRACTING INTENTIONS
After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.
a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:
- Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b, of this SECTION and continue to Item c of this SECTION.)
- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3
and SECTION 4.)
b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/)
c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.
- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)
- No (If No, continue to Item d, of this SECTION.)
d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified
HUBs with which you have a continuous contract* in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on
page 1 in the “Agency Special Instructions/Additional Requirements”.
- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)
- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)
Item # Subcontracting Opportunity Description
HUBs Non-HUBs
Percentage of the contract expected to be subcontracted to HUBs with which you have
a continuous contract* in place for five (5) years or less.
Percentage of the contract expected to be subcontracted to HUBs with which you have
a continuous contract* in place for more than five (5) years.
Percentage of the contract expected to be subcontracted
to non-HUBs .
1 % % %
2 % % %
3 % % %
4 % % %
5 % % %
6 % % %
7 % % %
8 % % %
9 % % %
10 % % %
11 % % %
12 % % %
13 % % %
14 % % %
Aggregate percentages of the contract expected to be subcontracted: % % %
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
Rev. 02/12
RFP No. 551-5-02169
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Enter your company’s name here: Requisition #:
SECTION 2 SUBCONTRACTING INTENTIONS (CONTINUATION SHEET)
a. This page can be used as a continuation sheet to the HSP Form’s page 2, SECTION 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
Item # Subcontracting Opportunity Description
HUBs Non-HUBs
Percentage of the contract expected to be subcontracted to HUBs with which you have
a continuous contract* in place for five (5) years or less.
Percentage of the contract expected to be subcontracted to HUBs with which you have
a continuous contract* in place for more than five (5) years.
Percentage of the contract expected to be subcontracted
to non-HUBs .
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
% % %
Aggregate percentages of the contract expected to be subcontracted: % % %
Enter your company’s name here: Requisition #:
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
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SECTION 3 SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.)
Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources.
- Yes (If Yes, in the space provided below list the specific page(s)/section(s) of your proposal which explains how your company will perform the entire
contract with its own equipment, supplies, materials and/or employees.)
- No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/or
employees.)
SECTION 4 AFFIRMATION
As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition:
The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls).
The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.
The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.
Signature Printed Name Title Date
(mm/dd/yyyy)
REMINDER: If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.
If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.
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HSP Good Faith Effort - Method A (Attachment A)
Enter your company’s name here: Requisition #:
IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A
(Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanAttachment-A.doc
SECTION A-1 SUBCONTRACTING OPPORTUNITY
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing this attachment.
Item #: Description:
SECTION A-2 SUBCONTRACTOR SELECTION
List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Company Name Texas
certified HUB VID #
(Required if Texas certified HUB)
Approximate Dollar Amount
Expected Percentage of Contract
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide
notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
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HSP Good Faith Effort - Method B (Attachment B)
Enter your company’s name here: Requisition #:
IMPORTANT: If you responded “No” to SECTION 2, Items c and d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B
(Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanAttachment-B.doc
SECTION B-1 SUBCONTRACTING OPPORTUNITY
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing this attachment.
Item #: Description:
SECTION B-2 MENTOR PROTÉGÉ PROGRAM
If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work.
Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé.
- Yes (If Yes, to continue to SECTION B-4.)
- No / Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTION B-4.)
SECTION B-3 NOTIFICATION OF SUBCONTRACTING OPPORTUNITY
When completing this section you MUST comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and minority or women trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/
Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBs and minority or women trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the minority or women trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.
a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Search directory located at http://www.window.state.tx.us/procurement//cmbl/cmblhub.html. HUB Status code “A” signifies that the company is a Texas certified HUB.
b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID) number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
Company Name VID # Date Notice Sent (mm/dd/yyyy)
Did the HUB Respond?
- Yes - No
- Yes - No
- Yes - No
c. Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more minority or women trade organizations or development centers in Texas to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to minority or women trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/
d. List two (2) minority or women trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
Minority/Women Trade Organizations or Development Centers Date Notice Sent (mm/dd/yyyy)
Was the Notice Accepted?
- Yes - No
- Yes - No
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HSP Good Faith Effort - Method B (Attachment B) Cont.
Enter your company’s name here: Requisition #:
SECTION B-4 SUBCONTRACTOR SELECTION
a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
Item #: Description:
b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Company Name Texas
certified HUB VID #
(Required if Texas certified HUB)
Approximate Dollar Amount
Expected Percentage of Contract
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
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In accordance with 34 TAC §20.14, each notice of subcontracting opportunity shall be provided to at least three (3) Texas cer tified HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, we must provide the same notice to two (2) or more minority or women trade organizations or development centers at least seven (7) working days prior to submitting our bid response to the contracting agency.
(A working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the minority or women trade organizations or development centers is considered to be “day
HUB Subcontracting Opportunity Notification Form In accordance with Texas Gov’t Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified below in Section B has determined that subcontracting opportunities are probable under the requisition to which my company will be responding.
34 Texas Administrative Code, §20.14 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three (3) Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at least seven (7) working days to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, the respondent must provide notice of each of its subcontracting opportunities to two (2) or more minority or women trade organizations or development centers at least seven (7) working days prior to submitting its bid response to the contracting agency.
We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.
Section A PRIME CONTRACTOR’S INFORMATION
Company Name: State of Texas VID #:
Point-of-Contact: Phone #:
E-mail Address: Fax #:
Section B CONTRACTING STATE AGENCY AND REQUISITION INFORMATION
Agency Name:
Point-of-Contact: Phone #:
Requisition #: Bid Open Date:
(mm/dd/yyyy)
Section C SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION
1.
Potential Subcontractor’s Bid Response Due Date:
If you would like for our company to consider your company’s bid for the subcontracting opportunity identified below in Item 2,
we must receive your bid response no later than
Central Time on:
Date (mm/dd/yyyy)
2. Subcontracting
Opportunity Scope of Work:
3. Required
Qualifications:
- Not Applicable
4. Bonding/
Insurance Requirements:
- Not Applicable
5. Location to review
plans/specifications:
- Not Applicable
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ATTACHMENT D
FEE PROPOSAL/SCHEDULE OF TASK COMPLETION
Title of Proposed Project Proposer Organization (Name) Beginning and Ending Dates: to Task/Activity Numbers Projected Completion Date and Cost by Task Projected Projected Completion Date Cost Task No. 1 (title) Activities 1. (list) Month , 20 2. etc. Total Task No. 1 $xxxxx.xx Task No. 2 (title) Activities 1. (list) Month , 20 2. etc. Total Task No. 2 $xxxxx.xx Etc. Total Budget $xxxxx.xx Cost may also be by activity if feasible but must be shown, at a minimum, for task total. Selected proposer will be reimbursed for actual expenditures upon satisfactory performance of services/completion of tasks and upon submittal of properly prepared and certified invoices/expenditure reports.
