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This document outlines the general terms and conditions for contracts resulting from a solicitation by the Texas Department of Agriculture (TDA). It covers definitions, references, order of precedence, entire agreement, tax and withholding requirements, forms and assurances, key personnel, federal laws and regulations, protest procedures, insurance requirements, invoicing, payment approval, prohibition of text messaging while driving, antitrust affirmation, buy Texas affirmation, child support obligation affirmation, computer equipment recycling, dealing with public servants, debts and delinquencies, disaster recovery plan, disclosure of prior state employment, dispute resolution, entities that boycott Israel, e-verify program, excess obligations, excluded parties, executive head of a state agency affirmation, false statements, financial participation prohibition, foreign terrorist organizations, former agency employees, governing law and venue, indemnification (general and IP), no conflicts of interest, prior disaster relief contract violation, public information act, signature authority, state auditors right to audit, suspension and debarment, technology access clause, television equipment recycling, terms and conditions attached to response, Texas bidder affirmation, agency's right to audit, Americans with Disabilities Act, assignment, binding effect, change in law and compliance with laws, damage to government property, disclosure of interested parties, discounts, drug-free workplace, electrical items, equal employment opportunity, federal occupational safety and health law, force majeure, immigration, independent contractor, legal and regulatory actions, license grant simple, limitation on authority, lobbying prohibition, media releases, no felony criminal convictions, no implied waiver, no quantity guarantees, no third-party beneficiaries, permits certifications and licenses, prompt payment, property rights, records retention, refund, restricted employment for certain state personnel, secure erasure of hard disk capability, severability, sovereign immunity, subcontractors, survival, taxes, TDA graduated remedies schedule and liquidated damages, termination for cause or convenience, trademark license, trademark ownership, unfair business practices, use of state property, waiver of consequential damages, transition, preference claims, binding offer and effect of TDA acceptance, capital outlay, notices, change of address, human trafficking prohibition, abortion provider and affiliate transactions prohibited, contracting information responsibilities, COVID-19 vaccine passport prohibition, energy company boycotts, firearm entities and trade associations discrimination, cloud computing state risk and authorization management program, critical infrastructure affirmation, cybersecurity training, data management and security controls, dispute resolution engineering architectural or construction services, indemnification engineering or architectural services, standard of care for architectural and engineering contractors, national anthem verification, critical infrastructure subcontracts, and diversity, equity and inclusion. It also includes affirmations and certifications required from respondents.
The bid notice states that payment is contingent upon receipt of all items required for proper invoicing and payment, including the contractor's correctly completed W9 form, Texas identification number, and delivery of goods or completion of services. Payment for goods are to be submitted within thirty (30) days after all ordered goods have been delivered and accepted. Invoices for services delivered for an hourly rate are to be submitted on the first business day of each month for the number of hours worked the previous month. Invoices for services rendered on a flat or project rate are to be submitted within thirty (30) days after all services for the item or project have been delivered and accepted. Invoices should be submitted by email to ***@***. *. * with the TDA purchase order number clearly indicated on the invoice.
The bid notice states that TDA may utilize graduated remedies in the event the respondent fails to perform under a contract. Upon initial breach, TDA will provide written notice and give the respondent fourteen (14) calendar days to provide a corrective action plan. Upon a second breach, TDA will provide written notice and give seven (7) calendar days to provide a corrective action plan and cure the breach, and will withhold up to ten (10%) of all future payments due as liquidated damages. Upon a third or subsequent breach, TDA may immediately terminate the contract. TDA may utilize the following remedies in the event respondent fails to perform under a contract resulting from this solicitation:
The bid notice states that 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 TDA may submit a formal protest to TDA in accordance with Title 4, Part 1, Chapter 1, Subchapter Q of the Texas Administrative Code.
