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Request for Proposals REQUEST FOR PROPOSALS Date: July 5, 2018 Proposal Category: School Nutrition Program Food Safety and Sanitation Product and Services Proposal Number: 19-AGENCY-000055 The Region One Education Service Center is soliciting request for proposals from firms (“Respondents”) for the selection of School Nutrition Program Food Safety and Sanitation Product and Services in accordance with the terms, conditions, and requirements set forth in the Request for Proposals (“RFP”) Statements for consideration by the Region One ESC and its members. Region One ESC Purchasing Department will receive request for proposals for School Nutrition Program Food Safety and Sanitation Product and Services 19-AGENCY-000055 electronically through the eBuyOne website: https://esc1.buyspeed.com/bso/ no later than 3 PM CST, Thursday, August 2, 2018. Late submittals will not be considered. Questions/clarifications regarding this RFP must be submitted in writing through the “Bid Q&A” tab located within the bid solicitation available through the eBuyOne website: https://esc1.buyspeed.com/bso/ no later than 3 PM, Friday, July 27, 2018. Questions/clarifications regarding this RFP will not be answered by phone. It is the Respondent’s responsibility to view the webpage regularly, or prior to submitting a response, to view any response(s) to question(s) issued for this solicitation. Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by Region One ESC as an addendum. All such addenda/additional information issued/posted to https://esc1.buyspeed.com/bso/ prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of each addendum in its Response. It is the Respondent’s responsibility to view the webpage regularly, or prior to submitting a response, to ensure that no addenda or additional information have been issued for the solicitation. Resources for Vendors regarding eBuyOne can be found at www.esc1.net/eBuyOne. The awarding of the proposal will take place at a public Region One ESC board meeting. The Board of Region One ESC reserves the right to accept, reject any and/or all proposals, waive minor technicalities, to award contracts for individual items as they may appear advantageous to the Region One ESC and its members or to award the proposal to the most responsible offeror which best serves the interest of the Region One ESC and its members. Sincerely, Dr. Cornelio Gonzalez Executive Director Connie Lopez, CPA Deputy Director for Business Operations and Finance Support Enclosure Region One Education Service Center does not discriminate on the basis of age, race, color, national origin, gender, or disability. 1 REGION ONE EDUCATION SERVICE CENTER TABLE OF CONTENTS SCHOOL NUTRITION PROGRAM FOOD SAFETY AND SANITATION PRODUCT AND SERVICES RFP 19-AGENCY-000055 DUE: 3 PM, AUGUST 2, 2018 PAGE A. PROPOSAL PACKAGE CHECKLIST 3 B. STANDARD TERMS AND CONDITIONS 4 C. SPECIAL TERMS AND CONDITIONS 27 D. EVALUATION CRITERIA 35 E. REFERENCES 36 F. FORM W-9 37 G. VENDOR AFFIDAVITS AND CERTIFICATIONS 38 H. CONFLICT OF INTEREST QUESTIONNAIRE – FORM CIQ 49 I. CERTIFICATE OF INTERESTED PARTIES – FORM 1295 51 J. DEVIATION AND EXCEPTIONS FORM 52 K. CNP-STC MEMBER LIST AND DELIVERY/SERVICE LOCATIONS ATTACHMENT A L. ADDITIONAL PRODUCTS/SERVICES PRICE LIST- CATALOG ATTACHMENT B 2 REGION ONE EDUCATION SERVICE CENTER SCHOOL NUTRITION PROGRAM FOOD SAFETY AND SANITATION PRODUCT AND SERVICES RFP 19-AGENCY-000055 DUE: 3 PM, AUGUST 2, 2018 In order for your proposal to be considered, the following items are REQUIRED to be uploaded in the eBuyOne Attachments tab of your RFP response, click “add File” to add the file attachments. DESCRIPTION OF ITEM YES NO N/A 1. REFERENCES 2. FORM W-9 3. VENDOR AFFIDAVITS AND CERTIFICATIONS i. Certification of Residency ii. HUB Certification iii. Antitrust Certification iv. Compliance with Texas Family Code v. Felony Conviction Notification vi. Terrorist Organizations & Boycotting Israel vii. Prohibited Employment Assistance viii. Breach of Contract Terms, Sanctions and Penalties ix. Termination for Cause or Convenience x. Equal Employment Opportunity xi. Davis Bacon Act xii. Contract Workhours and Safety Standards Act xiii. Rights to Inventions xiv. Clean Air Act and Federal Water Pollution Control Act xv. Compliance with the Energy Policy and Conservation Act xvi. Debarment and Suspension xvii. Byrd Anti-Lobbying Amendment xviii. Procurement of Recovered Materials xix. Profit as a Separate Element of Price xx. Employment Verification xxi. Record Retention Requirements xxii. Non-Collusion Statement xxiii. Financial Health and Stability xxiv. Health and Safety Certificates, Licensing and Regulation xxv. Compliance with Buy American Provision xxvi. Food Recall/HACCP Procedures xxvii. Signature and Declaration of Compliance 4. FORM CIQ 5. FORM 1295 6. DEVIATION AND EXCEPTIONS FORM 7. ATCH. B – ALT PRODUCT/SERVICES-PRICE LIST CATALOG 8. PROOF OF INSURANCE 9. EVIDENCE OF FINANCIAL HEALTH AND STABILITY 10. SUPPLEMENTAL CONTRACT (if applicable) 11. MWBE, HUB, SBE, LSA CERTIFICATIONS (if applicable) 12. SAFTEY DATA SHEETS (if applicable) 13. HEALTH & SAFETY CERTIFICATES/LICENSES (if applicable) 14. PRODUCT RECALL/HACCP PROCEDURES (if applicable) **FAILURE TO MANUALLY SIGN THE REQUIRED FORMS AND UPLOAD/PROVIDE ALL REQUIRED DOCUMENTS WILL DISQUALIFY IT** 3 REGION ONE EDUCATION SERVICE CENTER STANDARD TERMS AND CONDITIONS SCHOOL NUTRITION PROGRAM FOOD SAFETY AND SANITATION PRODUCT AND SERVICES RFP 19-AGENCY-000055 DUE: 3 PM, AUGUST 2, 2018 The words bids, request for proposals, RFP, proposal, agreement, quotes, solicitation, procurement, and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, requests for proposals, quotes, competitive sealed quotes, and other procurement solicitations to which they are attached. The term proposer, firm, vendor, offeror, bidder, and respondent may be used interchangeably in these terms and conditions to refer to responders to this bid solicitation. These Standard Terms and Conditions are part of the final contract in each commodity and/or service contract and are part of the terms and conditions of each purchase order or other bid/proposal forms issued in connection with this solicitation. Contracts awarded pursuant to this RFP comply with the Texas Education Code §44.031 and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR § 200.318-326. It is the intent of Region One ESC to comply with the most restrictive Federal or State rule or regulation, and Region One ESC, and/or its cooperative members, intends to conduct a cost or price analysis in connection with every procurement action using Federal funds. This Agreement is entered into between Region One Education Service Center (Region One ESC), on behalf of its purchasing cooperative members, and Vendor having submitted a proposal in response to a procurement solicitation issued by Region One ESC and whose proposal has been accepted and awarded by Region One ESC. In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Region One ESC and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows: 1. PROCUREMENT METHOD: Region One ESC is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code §44.031(3) Purchasing Contracts, Request for Proposals for services other than construction services, and 2 CFR 200.320(d) Procurement by Competitive Proposals. 2. ESTIMATED QUANTITIES: The good(s) and/or service(s) to be purchased under the awarded contract, if any, may be of indefinite delivery and indefinite quantity (IDIQ). The listed items are commonly acquired items and prices will be used to determine best value. Region One ESC, and its cooperative members, makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. Region One ESC, and its cooperative members, makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation. Quantities specified are per unit of measure listed in the proposal solicitation. 3. AWARD OF CONTRACT: In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the responsible Vendor(s) whose proposal(s) is/are determined after evaluation by Region One ESC, and/or its cooperative members, to be the best value. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document. Copyrighted proposals are unacceptable and may be disqualified. 4. RIGHTS RESERVED BY REGION ONE ESC AND RESTRICTIONS ON RFP PROCESS: a. Region One ESC reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals. b. Region One ESC further reserves the right to accept, reject or negotiate modifications in any terms of a proposed vendor’s proposal or any parts thereof. c. Region One ESC may conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing. d. Region One ESC reserves the right to reject any and/or all proposals, to award contracts for individual products and/or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of Region One ESC and/or its purchasing cooperative members. e. Region One ESC further reserves the right to waive any formalities or technicalities if deemed in the best interest of Region One ESC and/or its purchasing cooperative members; request clarification 4 and/or correction of the Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. f. Region One ESC also reserves the right as sole judge of quality and equality.
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