KILLEEN INDEPENDENT SCHOOL DISTRICT
REQUEST FOR PROPOSAL 21-26-07-151-RFP FULL-SERVICE DELIVERY - FRESH PIZZA TABLE OF CONTENTS
SECTION 1.0.0...... 2
SECTION 1.1: PURPOSE ...... 2 SECTION 1.2: GENERAL INFORMATION ...... 2 SECTION 1.3: INTRODUCTION...... 3 SECTION 1.4: SUBMISSION REQUIREMENTS...... 3 SECTION 1.5: OPENING OF PROPOSAL(S)...... 4 SECTION 1.6: WITHDRAWAL OF PROPOSAL(S) ...... 4 SECTION 1.7: NEGOTIATIONS ...... 4 SECTION 1.8: PROPOSAL SELECTION...... 4 SECTION 1.9: EVALUATION FACTORS...... 5 SECTION 1.10: AWARD OF CONTRACT ...... 5 SECTION 1.11: RESERVATIONS...... 5 SECTION 1.12: ESTIMATED QUANTITIES…………………………………………. 5 SECTION 1.13: HACCP REQUIREMENTS…………………………………………… 6 SECTION 1.14: TRANS FAT…………………………………………………………... 6 SECTION 1.15: CN LABELS, NUTRITION FACTS AND INGREDIENT STATEMENT 6 SECTION 1.16: USDA/TDA REGULATIONS…………………………………………. 6 SECTION 1.17: WHOLE GRAIN RICH………………………………………………… 7 SECTION 1.18: MEAT/MEAT ALTERNATIVE……….………………………………. 7 SECTION 1.19: SODIUM………………………………………………………………… 8 SECTION 1.20: SMART SNACK COMPLIANCE……………………………………… 8
SECTION 2.0 GENERAL CONDITIONS ...... 9
SECTION 2.1: EMERGENCY ORDERS ...... 9 SECTION 2.2: TERMS OF PAYMENT...... 9 SECTION 2.3: DEFAULT...... 9 SECTION 2.4: COMPLIANCE REQUIREMENTS...... 9 SECTION 2.5: REASONS FOR TERMINATION ...... 10 SECTION 2.6: LEGAL REMEDIES...... 11 SECTION 2.7: FORCE MAJEURE ...... 11 SECTION 2.8: ASSIGNMENT DELEGATION ...... 12 SECTION 2.9: WAIVER...... 12 SECTION 2.10: VENUE ...... 12 SECTION 2.11: PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS 12 SECTION 2.12: PENALTIES FOR NON-PERFORMANCE ...... 13
SECTION 3.0 GENERAL SPECIFICATION REQUIREMENTS...... 14
SECTION 3.1: GENERAL SPECIFICATION REQUIREMENTS...... 14 SECTION 3.2: GENERAL PREPARATION QUESTIONS...... 21 SECTION 3.3: ATTACHMENT 1 (FORM TDA 9.36 LUNCH) ...... 23 SECTION 3.4: ATTACHMENT 2 (FORM TDA 9.21) ...... 24 SECTION 3.5: EVALUATION MATRIX………………………………………………. 25 SECTION 3.6: COST ANAYLISIS FORM………………………………………………. 26
1 FULL-SERVICE DELIVERY - FRESH PIZZA#21-26-07-151-RFP
SECTION 1.0. 0 REQUEST FOR PROPOSAL
Section 1.1: Purpose
The Killeen Independent School District hereby requests proposals from qualified Vendors for providing FULL-SERVICE DELIVERY - FRESH PIZZA for twenty-one (21)of its campuses. Those campuses are: KilleenHigh School, Ellison High School, Killeen Career Center, Gateway High/Middle, Pathways Academic Campus, Harker Heights High School, Shoemaker High School, Early College High School (Ft. Hood Campus), Early College High School (CTC Campus), Leo Buckley Stadium, Rancier Middle School, Manor Middle School, Eastern Hills Middle School, Palo Alto Middle School, Liberty Hill Middle School, Live Oak Middle School, Union Grove Middle School, Audie Murphy Middle School, Charles Patterson Middle School, Roy J Smith Middle School and Nolan Middle School. Killeen ISD is required to conduct a cost or price analysis for the procurement of goods and/or services within the scope of services offered with this bid solicitation. All products and services submitted for consideration, unless otherwise noted, mustbe appropriate for Federally Funded School Nutrition Programs. Food and beverage items must meet the USDA Healthy Hunger Free Kids Act (HHFKA) of 2010 requirements and/or the USDA Smart Snacks in Schools Standards, as well as the Buy American Provision, and any additional requirements mandated by the United States Department of Agriculture (USDA) and/or Texas Department of Agriculture (TDA). Resources: https://www.fns.usda.gov/school-meals/healthy- hunger- free-kids-act; https://schools.healthiergeneration.org/focus_areas/snacks_and_beverages/smart_snacks/ product_calculator/. All products and services submitted for consideration, unless otherwise noted, must be appropriate for commercial kitchens.
Section 1.2: General Information
Proposals should be made on the basis of:
(1) Price per slice (8 cut) and whole pizza as specified. (2) Delivery of FRESH PIZZA to the campuses indicated in the specifications. (3) Service to the District. (4) Applicable warming equipment to keep pizza at proper serving temperature. (5) Paper or plastic plates for serving pizza. (6) Banded banners or menu boards to advertise products. (7) No escalation of prices between August 1, 2021 and July 31, 2022. (8) Promptness of deliveries. (9) Any other factors relevant to this proposal.
Under no circumstances should the Killeen Independent School District, its staff, its employees, any member of the KISD's Board of Trustees, or any other public official be contacted during the receipt of the RFP and before the awarding of the contract except the Purchasing Office personnel. Violation of this requirement may result in the disqualification 2 of your response from consideration. All communications in regards to the RFP are to be directed to Angel Wolf, Purchasing Specialist, located at 2301 Atkinson Drive, Killeen, Texas 76543. The phone number is (254) 336-0107.
All questions must be submitted in writing through the ‘Questions’ tab in IonWave, or via email [email protected]. Questions and their answers will be shared with all RFP participants.
The contract will be effective August 1, 2021, through July 31, 2022, with the option to renew up to four (4) consecutive additional one (1) year periods, or through July 31, 2026. An awarded Respondent has no right to or vested interest in contract renewal. All parties must mutually agree upon a renewal. A renewal agreement will be done in writing along with a new one “1” year contract extension if all parties agree. The bid award is contingent that USDA will continue to provide funding for the Child Nutrition Programs for contract period(s) stated and that based on the funding allocated, Killeen ISD will continue food service operations including the National School Lunch Program (NSLP) and the School Breakfast Program (SBP). Pricing may be negotiated during each contract renewal process, not to exceed 5% per year.
Killeen ISD, may at its sole option, extend this bid for an additional sixty (60) days from the date of expiration, under the same pricing and terms and conditions if it is determined by the District that additional time is required to avoid a contract lapse. Section 1.3: Introduction
The Killeen Independent School District (KISD) is located in Killeen, Texas. Killeen is a growing community with very close ties with the military as Fort Hood is their adjacent western neighbor. Killeen ISD is located almost midway between Austin and Waco. The District has a student population of approximately 43,500. The District is composed of 32 elementary schools, 12 middle schools, 4 high schools, and 5 special campuses.
Section 1.4: Submission Requirements.
All required bid documents shall be submitted via the web-based software system called IonWave. Type https://kisdebid.ionwave.net/Login.aspx in an Internet browser to access the IonWave software. Responders must set up a IonWave “Vendor” user account login and password. D Required documents can be found in the “Attachments” section of IonWave and downloaded for completion and signatures where required. E All required bid documents must be uploaded into the IonWave software in the “Response Attachments” section. F IonWave will prevent you from submitting your proposal if all “Response Attachments” have not been uploaded.
If mailed, proposal must be sealed in an envelope and clearly labeled "FULL-SERVICE DELIVERY - FRESH PIZZA Proposal". Any alternate proposal must be in a separate envelope from your main response and clearly marked "FULL-SERVICE DELIVERY - FRESH PIZZA Proposal Alternate". Your written proposal must be addressed to Angel Wolf, Purchasing Specialist, Killeen Independent School District, 2301 Atkinson Drive, Killeen, Texas 76543 no later than 2:00 PM on July 15, 2021. Any proposal(s) received after 2:00 PM shall be returned to the proposer unopened.
3 Section 1.5: Opening of Proposal(s)
All proposals received by the deadline will be downloaded from the IonWave system shortly after the 2:00 pm closing time. Proposals will be opened so as to avoid disclosure of contents to competing proposers and kept secret during the process of evaluation and negotiation. All proposals will be open for public inspection after the contract award is made. KISD will attempt to safeguard information identified by the proposer as being proprietary or trade secrets but cannot guarantee an absolute safeguard. Any incomplete proposals shall be deemed “non-responsive,” and therefore “disqualified” and retained as a public record, which will be subject to the Texas Public Information Act. Proposers are solely responsible for uploading all requested documents into the IonWave software and entering pricing into the Bid Table. Proposers assume all risks of missed deadlines or bid closing times. Faxed or E-mailed proposals will not be accepted. This RFP is a 100% electronic bid submission. The Killeen Independent School District reserves the right to accept, reject any and/or all proposals, waive minor technicalities, award contracts for individual items as they may appear advantageous to the Killeen Independent School District, or to award the proposal to the most responsible Proposer which best serves the interest of the Killeen Independent School District.
Section 1.6: Withdrawal of Proposal(s)
Vendors are allowed to withdraw their responses prior to the electronic submission deadline. If you need to withdraw your proposal, you will click on the “retract” button.
Section 1.7: Negotiations
Negotiations may be conducted with responsible proposers who submit proposals that are reasonably susceptible of being selected. Companies selected for final negotiation will be notified when to appear for revisions/negotiations to proposals. Revisions to proposals may be permitted after submission and preparatory to receipt of the best and final offers. All proposers will get fair and equal treatment for revision of proposals. Oral negotiations must be confirmed in writing prior to contract award. However, contract award may be made without any negotiation of proposals. Section 1.8: Proposal Selection
Criteria for awarding the contract are as follows:
(A) ability of the proposer to meet the District's requirements. (B) ability of proposer to provide the services required. (C) effective administration of the contract. (D) pricing is important in the context of value. (E) special consideration will be given to those proposers willing to commit contractually to reasonable performance standards. (F) the best value to the District.
4 Section 1.9: Evaluation Factors A committee of KISD personnel will consider many objective and subjective evaluation factors (of which price is only one factor) including, but not limited to the following: (not listed in order of priority)
(A) Cost. (B) The quality of the vendor’s goods or services (C) The extent to which the goods or services meet the district’s needs (D) The vendor’s past relationship with the district (E) The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses (F) The total long-term cost to the district to acquire the vendor’s goods or services (G) Completeness of proposal (H) Reputation and experience of the proposer (I) Operational strength of the proposer (J) Geographic coverage of the KISD area (K) Student taste test evaluation results (L) Percent of compliance with published specification
***Samples are requested to be delivered on July 20, 2021, at 2:00 p.m. to 5708 E Veterans Memorial Blvd, Killeen, TX 76543. ***
Section 1.10: Award of the Contract
The award of the contract shall be made to the responsible proposer whose proposal is determined to be the best evaluated proposal resulting from negotiation taking into consideration the relative importance of price and other evaluation factors set forth in Section 1.9. All proposals submitted in accordance with the requirements of the RFP shall be considered offers to contract on the terms contained in the proposal and in this RFP and at the price offered by the successful proposer. Proposer agrees that this offer shall be valid and effective for a minimum of ninety (90) days from the date that proposals are opened by the KISD. When the KISD awards a contract to the successful proposer, it will constitute an acceptance of that offer as subsequently amended by negotiation. A letter of acceptance will be sent to the successful proposer which will constitute the contract.
Section 1.11: Reservations
The Killeen Independent School District expressly reserves the right to:
(A) Waive any immaterial defect, irregularity or informality in any proposal. (B) Reject or cancel any proposals, or parts of any proposal. (C) Reject all proposals.
The KISD reserves the right to select the proposer who will offer contractual items and conditions most favorable to the KISD.
Section 1.12: Estimated Quantities
KILLEEN ISD was required to submit their “estimated quantities”for each product planned for purchase to the best of their knowledge and based on planned menus. KILLEEN ISD did
5 their best to represent accurate quantities, but some items may see higher or lower volume purchasing depending on but not limited to continued Federal Funding to school nutrition programs, manufacturer production issues, external forces such as weather or school closures or other causes that may create a lag in purchasing.
Section 1.13: HACCP Requirements
Vendors are required to have, and follow, written Hazard Analysis Critical Control Point (HACCP) program procedures. HACCP procedures must be provided with theproposal submission.
Section 1.14: Trans Fat
Vendor must provide Nutrition information for all food items. Nutrition label or manufacturer’s specifications must state zero grams of trans-fat per serving (less than 0.5 grams perserving); this excludes naturally occurring trans-fat.
Section 1.15: CN Labels or Signed Product Analysis, Nutritional Facts and Ingredient Statement
Vendor is required provide a CN Label or Signed Product Analysis, nutrition label/facts, and an ingredient statement for each item bid within the required 5-year range from current date. The documentation must identify the contribution of thefood product toward meeting the meal pattern requirements and/or the nutritional values required forthe competitive foods’ standards for each item bid.
Section 1.16: USDA/TDA Regulations
Every product bid must meet all USDA and TDA regulations for use inSchool Nutrition Programs (SNPs). a. Healthy, Hunger-Free Kids Act of 2010: (the Act), Public Law 111-296, enacted by the President on December 13, 2010. The Final Rule regarding the Nutrition Standards in the National School Lunch and School Breakfast Programs was issued on January 26, 2012, in 7 CFR Parts 210 and 220. This final rule updates the meal patterns and nutrition standards forthe School Meal Programs to align them with the 2010 Dietary Guidelines for Americans. To view the Final Rule in its entirety and/or read the technical assistance and guidance materialsissued by USDA, view the following link: http://www.fns.usda.gov/cnd/Governance/Legislation/nutritionstandards.htm b. All products submitted in this Proposal must comply with the meal pattern requirements for the 2021-2022 school year and must continue to comply over the expanse of the potential award ofthis contract. As products are reformulated and specifications are revised to be consistent withthe nutrition goals and the phase-in requirements of the meal pattern, adjustments for substitutions, alternates, or compatible items could be required or product substitutions to awarded items may occur.
6 Section 1.17: Whole Grain Rich
All specifications containing creditable grain, unless otherwise noted, will mean a whole grain rich (WGR). To be considered whole grain rich (WGR), a product must contain 51% or more whole grains by weight or have a whole grain listed as the first ingredient on the ingredient label, or as allowed in FNS guidance. The information provided herein is for reference only and not intended to replace Proposer’s own diligence to ensure most current guidance is used in Proposal response. Determining and Crediting Whole Grains under the Final Rule “Nutrition Standards in the National School Lunch and School Breakfast Programs”: a. Until the whole grain content of food products is required on a product label by the Food andDrug Administration (FDA), schools must evaluate a grain product using the two- element criterion developed by the Institute of Medicine and set forth in the final rule: L Element #1: A serving of the food item must meet portion size requirements for the Grains component as defined in FNS guidance; AND LL Element #2: The whole grains per serving (based on minimum serving sizes specified for grains in FNS guidance) must be ≥ 8 grams. This may be determined from information provided on the product packaging or by the manufacturer, if available. In addition, manufacturers currently may apply for a Child Nutrition Label for qualifying products to indicate the number of grain servings that are whole grain rich. The food must meet at least one of the following: The product includes the following Food and Drug Administration (FDA)-approved whole grain health claim on its packaging. “Diets rich in whole grain foods and other plant foods and low in total fat, saturated fat and cholesterol may reduce the risk of heart disease and some cancers.” Product ingredient listing lists whole grain first, specifically: D Non-mixed dishes (e.g., breads, cereals): Whole grains must be the primary ingredient by weight (a whole grain is the first ingredient in the list) E Mixed dishes (e.g., pizza, corn dogs): Whole grains must be the primary grain ingredient by weight (a whole grain is the first grain ingredient in the list)
Section 1.18: Meat/Meat Alternative
All meat and poultry products are to be processed in USDA-inspected plants. D All raw products shall be of domestic origin. E All beef products specified are to be considered free of chemical processes and additives L Lean Finely Textured Beef (LFTB): Proposer shall specify any beef products submitted for bid consideration which contain or may contain LFTB. Products containing LFTB will not be disallowed from consideration of bid award but must be identified for reference. Products containing LFTB shall be identified separately on the Deviations and Exceptions form. F Vegetable Protein Product (VPP), used in any form, in the process of an itemsubmitted forbid consideration, usage must conform to the USDA-FNS requirements for use in meeting a portion of the meat/meat alternate requirement of the Child Nutrition Programs. Any product that contains VPP, in any form, must be labeled with the required USDA labeling statement. L If product contains VPP, in any form, Proposer must supply the following information with the bid: Type and source of VPP
7 2. Percent protein content of VPP 3. Weight (not volume) of liquid used to hydrate the VPP
Section 1.19: Sodium
School Nutrition Programs are required to meet the following sodium targets:
Target I: SY 2014-15 Target 2: SY 2017-18 Final Target: SY 2022-23
Lunch Breakfast Lunch Breakfast Lunch Breakfast
≤1230mg (K-5) ≤540mg ( K-5) ≤935mg (K-5) ≤485mg ( K-5) ≤640mg (K-5) ≤430mg ( K-5)
≤1360mg (6-8) ≤600mg (6-8) ≤1035mg (6-8) ≤535mg (6-8) ≤710mg (6-8) ≤470mg (6-8)
≤1420mg (9-12) ≤640mg (9-12) ≤1080mg (9-12) ≤570mg (9-12) ≤740mg (9-12) ≤500mg (9-12)
Section 1.20: Smart Snack
In addition, proposers are required to identify each product that meets the USDA Nutrition Standards for All Foods Sold in Schools (aka Smart Snacks in School nutrition standards) specifically as it relates to a la carte cafeteria sales. Check the "Smart Snack Compliant" checkbox in the IonWave Bid Package for each product that meets the following criteria: General Criteria (must be one of these 4):
1. Whole grain rich (51% or more whole grains by weight or first ingredient is whole grain; or 2. Have as the first ingredient fruit, vegetable, dairy or protein (meat, beans, nuts, eggs etc.); or 3. A combination food with at least ¼ cup fruit and/or vegetable; or
AND meets the following additional nutrient standards:
Nutrient Standard
Entrée: ≤350 calories per item Calories Snack/Side Dish: ≤200 calories per item
Entrée: ≤480 mg sodium per item Sodium Snack/Side Dish: ≤230 mg sodium per item (≤200 mg after July 1, 2016)
Total Fat ≤35% of total calories from fat per item as packaged/served
Saturated Fat <10% of total calories per item as packaged/served
Trans Fat Zero (<0.5 g) grams of trans fat per portion as packaged/served
Total Sugar ≤35% of weight from total sugars per item (dried/dehydrated fruits/vegetables exempt)
8 SECTION 2.0 GENERAL CONDITIONS
Section 2.1: Emergency Orders
In the event of an emergency need, the District reserves the right to purchase where it can get the quickest delivery.
Section 2.2: Terms of Payment
Funds for completed purchase orders concerning this contract will be available within thirty (30) calendar days of completion and acceptance by the District. No charge, in addition to the item price, shall be made by the vendor for placing or invoicing materials. The delivery by vendor shall be accompanied by a set of commercial invoices (one original and one duplicate copy) on the vendor's regular invoice form.
Section 2.3: Cancellation Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies that Buyer may have in law or equity.
Section 2.4: Compliance Requirements
Items below apply to and become a part of the terms and conditions of proposals unless superseded by any attached terms and supplemental conditions (a full listing is in the Terms and Conditions, page 12, #44, A-O):
(A) Contract Work Hours and Safety Standards Act, Section 103 and 107 (40USC327-330). For contracts awarded by the school district for $2,500.00 or more, the successful bidder and subgrantees must comply with section 103 and 107 of the Contract Work Hours and Safety Standards Act (40USC327- 330) as supplemented by Department of Labor Regulations (29CFR, Part 5) Section 103. Each contractor is required to compute wages of every laborer and mechanic on the basis of a standard workday of eight hours and a standard workweek of 40 hours. Work in excess of eight hours per day or forty hours per week shall be compensated at a rate of not less than 1-1/2 times the basic rate of pay. No contractor may require a laborer or mechanic to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor.
(B) Equal Employment Opportunity Act. For contracts awarded in excess of $10,000.00 by the school district, the successful bidder and their contractors or subgrantees must be in compliance with executive order 11246 "Equal Employment Opportunity" as amended by executive order 11375, and as further supplemented in Department of Labor Regulations (41CFR, Part 60), executive order 11246, as amended, prohibits job discrimination because of race, color, religion, sex, or national origin and requiring affirmative action to ensure equality of opportunity in all aspects of employment.
9 (C) Equal Opportunity and Affirmative Action Employer. Neither party shall discriminate because of race, color, religion, sex, age, national origin, handicap, or status as a Vietnam Veteran, as defined and prohibited by applicable government law, in the recruitment, selection, training, utilization, promotion, termination, or other employment related activities concerning personnel. In addition, bidder affirms that it is an equal opportunity and affirmative action employer and shall comply with all applicable federal, state, and local laws and regulations including, but not limited to, Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11750; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act, 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination in Employment Act of 1976; and Public Law 95- 507.
(D) Energy Policy and Conservation Act (P.L. 94-163). Successful bidders must comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163)
(E) The successful bidder must agree to provide to the school district, the Texas Education Agency, the Comptroller General of the United States, or any other duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The successful bidder must also agree to maintain all required records for five (5) years after the school district makes final payment and all other pending matters are closed. Section 2.5: Reasons for Termination
The performance of work under this contract may be terminated in whole or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be affected by the delivery to the Seller of a “Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of buyer set forth in Clause 25, herein.
Valid causes for termination of this contract will include, but are not limited to:
A) Lack of funds by the District. Lack of funds includes, but is not limited to, non-appropriation and/or non-availability of funds.
B) Non-compliance of all federal regulations including, but not limited to the "Contract Work Hours and Safety Standards Act", "Equal Employment Opportunity Act", and the "Energy Policy and Conservation Act" by the grantee.
C) Failure to meet bidding specifications as determined by Killeen ISD.
D) Failure of the successful bidder to deliver the item(s) within the specified time.
10 E) Delivery of items on two (2) or more occasions that are rejected.
F) In the event that bidder becomes insolvent or commits act of bankruptcy, bidder shall notify the District in writing immediately.
G) Breach of warranties or service agreements.
H) Breach by bidder of any term or condition of the contract.
I) Any attempt by the successful bidder to misrepresent the product or service provided. (i.e., listing a product as the product ordered on the statement of charges and shipping a non-approved alternate.)
J) Any unethical business practice or attempt to misrepresent or commit fraud against the Killeen Independent School District.
The basis for settlement prior to completion of the contract will, at Killeen ISD’s discretion, be non-payment to the successful bidder (grantee), assessment of liquidated damages, and other remedy at law or in equity available to Killeen ISD. The bidder agrees that this is a reasonable cost to compensate KISD for time and effort involved in procuring replacement products, goods, or services, which cost would be difficult, if not impossible, to compute with certainty, and does not constitute a penalty. Assessment of liquidated damages does not preclude Killeen ISD from seeking and obtaining other remedies as set forth in this solicitation or any other remedy at law or in equity available to Killeen ISD.
Section 2.6: Legal Remedies
In case of default of the successful bidder, the District reserves the right to terminate the contract and to purchase equal in the open market to meet KISD's requirements, or to exercise any other remedy available under the law or in equity. A deliverable is defined as a specific contract line item (i.e., module, service training, etc.) that is identified to be in place by a certain time, to do or provide a certain function. The bidder agrees that this is a reasonable cost to compensate KISD for time and effort involved in procuring replacement products, goods, or services, which cost would be difficult, if not impossible, to compute with certainty, and does not constitute a penalty. Assessment of liquidated damages does not preclude KISD from seeking and obtaining other remedies as set forth in this solicitation or any other remedy at law or in equity available to KISD. Section 2.7: Force Majeure
If by reason of Force Majeure, either party shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within fourteen (14) days after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability
11 then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure, as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, land sinkage, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.
Section 2.8: Assignment Delegation
No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer, provided that Buyer shall not unreasonably withhold permission. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.
Section 2.9: Waiver
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.
Section 2.10: Venue
Both parties agree that venue for any litigation arising from this contract shall lie in Bell County, Texas.
Section 2.11: Prohibition Against Personal Interest in Contracts:
Any School Board member which has any substantial interest, either direct or indirect, in any business entity seeking to contract with the District, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body are also required to file, and do file similar affidavits, then the member is not required to abstain from further participation. Vernon's Texas Codes Annotated, Local Government Code, Ch. 171.
12 Section 2.12: Penalties for Non-Performance
If, at any time, the vendor fails to fulfill or abide by the terms, conditions, or specifications of the contract, Killeen Independent School District reserves the right to:
A) Purchase on the open market and charge the contractor the difference between contract and actual purchase price, or
B) Deduct such charges from existing invoice totals due at the time, or
C) Cancel the contract within thirty (30) days by written notification of intent.
Section 2.13: Exclusions This proposal excludes FROZEN PIZZA which are purchased for warehouse stock on another bid or purchased by bid in quantity purchases.
13 SECTION 3.0.: GENERAL SPECIFICATION REQUIREMENTS
SECTION 3.1 KILLEEN INDEPENDENT SCHOOL DISTRICT SCHOOL NUTRITION FULL-SERVICE DELIVERY-FRESH PIZZA BID SPECIFICATIONS
, Introduction: It is the intention of Killeen Independent School District to enter into a contract for delivery of fresh pizza. The locations and amounts are listed on the Pizza Bid Table located under the ‘Attachments’ tab in IonWave.
$ The high schools will receive deliveries 3 times per week. The tentative dates scheduled are Monday, Wednesday, and Friday. Deliveries will need to be made between 11:15 am – 11:45 am to all campuses.
% The middle schools will receive deliveries once a week (day to be determined). The middle school deliveries will need to be split deliveries; the first being between 10:30 am – 11:00 am, and the second being between 11:30 am – 12:00 pm.
& Deliveries to Leo Buckley Stadium Concession will be duringtimes when the stadium is being used for various sporting venues.
,, General:
$ Price: Prices are to be quoted per slice of pizza (8 cut) and whole pizza as specified on the Pizza Bid Table located in IonWave under the ‘Attachments’ tab. The price quoted must include the following:
Delivery as stated above.
Applicable warming equipment to keep pizza at proper serving temperature.
Paper or plastic plates for serving pizza.
Branded banners or menu boards to advertise products.
Prices quoted are to remain in effect with no charge or escalation for the duration of the bid, which will run from August 1, 2021, through July 31, 2022. This contract period may also be extended for an additional four (4) years if both vendor and the District can reach an agreement about the contract requirements.
B. Discounts: All prices quoted in this proposal must already have discounts figured into them. It is not possible for us to figure in your discounts for net pricing. This is your responsibility.
C. Bid Errors: All bids shall be deemed final, conclusive, and irrevocable, and no bids shall be subject to correction or amended for errors or miscalculations by the bidder after 14 bid opening date and time.
D. Qualifying Bids: Any special conditions or qualifications concerning price, delivery, ordering, etc., of items bid must be noted on the bid forms.
E. Deviation from Specifications: All deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of deviations from specifications at the time of bid submittal will hold the bidder strictly accountable to the District to the specifications as written. Any deviations from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or item when delivered.
F. Method of Award: The bid award for fresh pizza will be dependent upon:
1. National School Lunch Program requirements.
2. Price quoted.
3. Quality of the item bid.
4. Availability of the item bid.
5. Service performance.
6. Evaluation Panel acceptance/taste preference.
7. Supplying a copy of the most current Bell County Health Department Inspection Report with a grade of 90 or better.
All decisions as to the quality of products and service performance shall be made by the District in cooperation with the School Nutrition Department and such decisions shall be final.
In the event it becomes necessary to re-award the bid for Fresh Prepared Pizza because of cancellation of the contract or default of the bidder, re-award will be made to the next successful bidder meeting the above award criteria.
G. Samples: The Killeen Independent School District will request samples of all fresh prepared pizzas bid. After the bid opening, the vendor will be notified by the School Nutrition Department of the date, time, and place for sample delivery and evaluation. Sample evaluation will be within one week of bid opening. The evaluation panel will consist of a representative cross section of our customers and staff.
H. Cancellation: The Killeen Independent School District reserves the right to cancel the entire contract after three (3) infractions of the following and/or buy in the open market at the current price and charge the contractor the difference between the price so paid and the bid price in the event:
15 1. Any item is not delivered according to the specifications and/or awarded bid price.
2. Orders are not delivered within the specified time period.
I. Sole Supplier: The dealer bidding shall be the sole supplier of items awarded and shall fulfill the contract without subcontracting.
J. Laws: All foods furnished under this bid must comply in all respects to standards and regulations established by Federal and Texas Laws including the Federal Food, Drug, and Cosmetic Act as amended and subsequent decisions of the U.S. Department of Agriculture.
K. Delivery: All deliveries will be made to the Killeen Independent School District delivery areas each school day unless otherwise notified of a change by the Supervising Manager.
The exact time of deliveries and the number of deliveries needed per day will be dependent on each High School and Middle School lunch schedule. Exact delivery arrangements will need to be coordinated with the Supervising Manager at each school location. Deliveries will begin on or about Monday, August 16, 2021. Fresh Pizzas need to be delivered “HOT” and in boxes. Delivery temperatures and packaging must meet all Bell County Health Department Standards for transportation of prepared hot foods.
L. Billing: Billing is to be for the entire pizza delivered in good condition with no defects. Upon receipt of each delivery a clear and legible copy of the delivery invoice is to be left with the Supervising Manager. Invoices will be forwarded for payment upon completion of verification and approval by the Supervising Manager. A monthly statement must be sent to the KISD Business office in order to receive payment. Payment will be made once a month.
M. Credits: Fresh Pizza delivered that is out of condition for any reason or not served will not be paid for: i.e., only good Fresh Pizza that is approved by the Supervising Manager will be accepted and invoiced.
N. Ordering: It will be the Supervising Manger of each High School and Middle School who is responsible for determining the variety and quantity of Fresh Pizza needed for sale each school day.
O. Signs and Logos: In keeping with the Killeen Independent School District’s policy to maintain good overall appearance in the High School and Middle School cafeterias, commercial vendors may appropriately advertise their products by observing the following guidelines:
1. KISD will provide hooks to hang vendor signs on when products are being sold.
2. The hooks will be located in the vendor’s serving area so the eye appeal of the sign will draw the customer to the product.
16 3. Sign specifications are as follows:
a. 72 inches maximum length.
b. 20 inches maximum width.
c. maximum surface area of 1296 square inches.
d. designed to hang horizontally on 24 inch centers.
4. Suggested sign material should be sturdy and yet not excessively heavy; i.e., Masonite type board.
P. KISD Outside Vendor Philosophy:
1. No product sold in the High School or Middle School cafeteria will cost more than in the vendor’s place of business excluding sales tax.
2. No product sold in the High School or Middle School cafeteria will be of lower quality than in the vendor’s place of business.
Q. Bid Forms: Bids must be submitted online by the time and date specified in the bid request. Late bids will be returned unopened. Bids must show both the unit price and total price for each variety of pizza. Bids must be completed with all other applicable information as requested.
R. Withdrawal of Bids: No proposal may be withdrawn for a period of 45 days after bid opening, except by mutual consent of Killeen Independent School District and bidder, and except that proposals may be withdrawn upon written request received from bidder prior to time established for receipt and opening of the bid.
S. Taxation: The Killeen Independent School District is exempt under the Sales tax and Use Tax Laws of the State of Texas, and the bidder shall not include such taxes in the bid prices or in subsequent invoicing.
T. Reservation of Rights: The Killeen Independent School District reserves the right to accept or reject any and all bids, award contracts for individual items as they may appear advantageous and waive any and /or all informalities in bidding.
U. Quantities: KILLEEN ISD collects estimated quantities. The good(s) and/or service(s) to be purchased are common to foodservice operations and pricing proposals along with other evaluation criteria as listed in this solicitation will be used to determine best value. KILLEEN ISD makes no guarantee or commitment of any kind concerning quantities or services that will actually be purchased. KILLEEN ISD makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation. The right to alter or vary these quantities, the right to purchase lesser amounts, and the right to purchase additional amounts are reserved.
17 III. Delivery Locations: The Following are the delivery locations for the campuses involved in this bid: A. Killeen High School 500 North 38th Street Killeen, Texas 76543
B. Ellison High School 909 Elms Road Killeen, Texas 76542
C. Killeen Career Center 1320 Stagecoach Rd Killeen, Texas 76542
D. Gateway HS/MS 4100 Zephyr Road/1307 Gowen Drive Killeen, Texas 76543
E. Pathways Academic Campus 1322 Stagecoach Rd Killeen, Texas 76542
F. Harker Heights High School 1001 FM 2410/Knights Way Harker Heights, Texas 76548
G. Shoemaker High School 3302 Clear Creek Road Killeen, Texas 76542
H. Early College High School (Ft. Hood Campus) 51000 Tank Destroyer Blvd Ft. Hood, Texas 76544
I. Early College High School (CTC Campus) 6200 W. Central Texas Expressway Killeen, Texas 76549
J. Leo Buckley Stadium Concessions 500 North 38th Street Killeen, Texas 76543
K. Rancier Middle School 3301 Hilliard Ave Killeen, Texas 76543
L. Manor Middle School 1700 S WS Young Dr Killeen, Texas 76543
18 M. Eastern Hills Middle School 300 Indian Trail Harker Heights, Texas 76548
N. Palo Alto Middle School 2301 W Elms Road Killeen, Texas 76549
O. Liberty Hill Middle School 4500 Kit Carson Trail Killeen, Texas 76542
P. Live Oak Ridge Middle School 2600 Robinett Road Killeen, Texas 76549
Q. Union Grove Middle School 101 E Iowa Dr Harker Heights, Texas 76548
R. Audie Murphy Middle School 53393 Sun Dance Drive Ft Hood, Texas 76544
S. Charles Patterson Middle School 8383 W Trimmier Road Killeen, Texas 76542
T. Roy J Smith Middle School 6000 Brushy Creek Drive Killeen, Texas 76549
U. Nolan Middle School 1600 Warriors Path Harker Heights, Texas 76548
IV. Ingredients and Processing Specification:
The following are minimum requirements for the Pizza’s that are produced:
A. Pizza Crust: To be made with 51% Whole Grain, to be “Pan Style” of medium thickness, and to be 14-16 inches in diameter finished size before baking.
B. Pizza Sauce: To be made from Domestic (California Pack) tomato products and flavor profiled for high school students.
C. Pizza Cheese: To be 100% real cheese of any variety suitable for pizza.
19 ' Pizza topping: Cheese and Cheese with Pepperoni will be the two standard pizzasto be sold in the Killeen Independent School District.
( All pizzas must meet National School Lunch Program Requirements.
) Each slice of pizza must contribute 2 ounces of meat/meat alternate and 2 servings of bread/bread alternate.
* NSLP Cheese Pizza:
14 – 16 inch diameter crust.
1-1/2 cups cheese spread evenly on bottom pizza ring.
3 cups cheese spread evenly on top of pizza.
1 cup extra cheese spread evenly on top of pizza.
+ NSLP Pepperoni Pizza:
14 – 16 inch diameter crust.
1-1/2 cups cheese spread evenly on bottom pizza ring.
3 cups cheese spread evenly on top of pizza.
Pepperoni 48 pieces spread evenly on top of pizza.
V. PROPOSAL TIMELINE: Following is a list of projected dates with respect to this proposal. These dates are subject to change and are provide only as a reference, so Respondents are aware of thescheduling constraints associated with this proposal.
Bid Opens in IonWave: Sunday, June 20, 2021; 9:00 am (CST)
Legal Notices: KILLEEN ISD advertises in the Killeen Daily Herald for 2 consecutive weeksbeginning the week of the release date and week after Bid Questions Due: No Later than Monday, July 12, 2021, by 12:00 pm (CST)
Bid Closes in IonWave: Thursday, July 15, 2021, at 2:00 pm (CST)
20 SECTION 3.2 KILLEEN INDEPENDENT SCHOOL DISTRICT SCHOOL NUTRITION FRESH PIZZA GENERAL PREPARATION QUESTIONS
To aid us in our evaluation please complete the following questions about the pizza that your firm is proposing:
A. Dough ball weight: lb./oz.
B. Finished dough weight before baking: lb./ozs.
C. Standard pizza finished dough diameter before baking: inches.
D. Standard pizza finished dough diameter after baking: inches.
E. Origin of tomatoes in sauce: region US.
F. List basic sauce ingredients in order of Dominance:
G. Amount of sauce on pizza before baking: oz./cups
H. Types of cheese used for topping: type.
I. Percent of real cheese in pizza topping: %. J. Style of pizza cheese topping: (Check all that are applicable)
Shredded: Grated: Sliced: Diced: Combo:
K. Cheese and Pepperoni topping:
Cheese: oz.. Pepperoni: oz..
L. Additional information that you wish to provide that would be relevant and helpful in the evaluation of your product that was not covered by the information you provided above.
21 M. The following attachments must be completed and returned with your bid in order for your bid to be considered a valid bid:
1. Attachment 1: (Texas Department of Agriculture – May 2005 (Form 9.36 Lunch) Product Analysis (Product Formulation) Information to Provide for a Grains/Breads Product. This attachment must be completed for the Pizza crust.
2. Attachment 2: (Texas Department of Agriculture – May 2005 (Form 9.21) Product Analysis Form. This form must be completed for each product separately other than bread (i.e. 1 for cheese, 1 for Pepperoni, 1 for Sauce).
VI. Comments:
Any questions regarding these bid specifications and requests for further information or clarification should be directed to Angel Wolf, Purchasing Specialist, (254) 336-0107.
22 SECTION 3.3 PRODUCT ANAYLSIS (PRODUCT FORMULATION) INFORMATION TO PROVIDE FOR A GRAINS/BREADS PRODUCT (place on company letterhead)
Product Name: Code No.:
Manufacturer:
Case Weight and Pack / Count:
Volume and weight of one serving of product:
Grain ingredient(s) in product: (Note: primary grain ingredient must be enriched or whole grain flour or meal.)
Weight of grain (gram weight) in one serving of product:
(Note: It takes 14.75 grams of whole grain or enriched flour or meal, bran or germ, or an equivalent amount of cereal as provided in FNS Instruction 783-1, Rev. 2, to equal 1 serving Grains/Breads. Grains/Breads may be credited in ¼ serving increments.)
I certify that the above information is true and correct and that one serving of the above product (ready to eat) contains serving(s) of Grains/Breads.
SIGNATURE TITLE
PRINTED NAME DATE
9.36 Lunch Texas Department of Agriculture – May 2005
A T T A C H M E N T 1 23 SECTION 3.4
EXAMPLE OF PRODUCT ANAYLSIS FORM
This product analysis form is an example of one that provides information to assist the purchaser in determining the extent a meat product is purported to contribute to the meal pattern requirement.
Product Name: Code No.:
Manufacturer:
Case / Pack / Count / Portion Size:
List Variety(ies) and Cuts of Meat Used in Product:
Total Weight Per Portion of Uncooked Product:
Weight of Raw Meat Per Portion (List each variety separately):
Percent of Fat in Raw Meat (List fat in each variety separately:
Weight / Measure (as appropriate) of Meat Alternates (specify):
*Source (e.g., soy, peanut), Type (e.g., flour, isolate, concentrate), and percent of protein in VPP as purchased:
*Weight of Dry VPP in One Portion of Product:
*Weight of Water (Liquid) to Fully Hydrate Dry VPP in One Portion of Product:
I certify that the above information is true and correct, and that a ounce serving of the above product (ready for serving) contains ounces of cooked lean meat/meat alternate when prepared according to directions.
I further certify that an VPP used in this product is authorized as an alternate food in the Child Nutrition Programs and its use conforms to Food and Nutrition Service regulations (7 CFR Part S 2310, 225 OR 226, Appendix A).
SIGNATURE TITLE
PRINTED NAME DATE
A T T A C H M E N T 2 24
SECTION 3.5
SECTION 3.6 Killeen Independent School District Cost Analysis Form
Purpose: Federal regulations require documentation of cost analysis or price analysis for every procurement action at or above $150,000 (see 2 C.F.R. § 200.323), however, the state of Texas “Simplified Acquisition Threshold” is $50,000. The Cost Analysis form is used to document the estimated contract value prior to release of the solicitation. Cost analysis is determined by estimated quantities multiplied by current known costs with anticipated pricing increases based on new bids or renewals. All products or services specified along with the analysis is attached to this form as documentation that all efforts were made to demonstrate that the procurement process was conducted according to guidelines and provided Killeen Independent School District the ability to ensure all responses received offered the most advantageous price.
Instructions: 1. Determination of Cost is attached via detailed report of all products specified with estimated quantities and projected pricing increases. 2. Digitally signed by preparer. 3. Per TDA ARM Section 17, Records Retention requirement, this document will be kept for 5 years.
Prepared by: Angel Wolf Date: 6/18/2021
Email: [email protected] Phone Number: 254-336-0107
Department: Killeen Independent School District – Purchasing Department
Subject: Pre-bid Cost Analysis
Goods or service to be acquired: Child nutrition approved fresh pizza
RFP #/Solicitation Title: 21-26-07-151: Fresh Pizza
Explanation for cost analysis:
This cost analysis was completed prior to the release of the solicitation to determine total estimated contract value. The child nutrition department was required to submit their estimated quantities along with current known pricing. Anticipated and projected pricing increases were calculated to allow for the review of potential upcoming budget costs and to be used for comparison on responses, once received to determine best value.
Estimated Contract Value: $230,175.00
This expenditure is being made under one or more of the following:
A. Sole source (as defined under TDA ARM, Section 17)
B. Emergency procurement (as defined under TDA ARM, Section 17)
C. Interlocal Agreement or Purchasing Cooperative (TEC 44.031(a)(4) / Tex. Gov’t Code Ch. 791; 2 C.F.R. § 200.318(e))
D. Request for Quotes for goods or services at or below $50,000
俶䢢 E. Request for Proposals for goods or services at or above $50,000 (as defined accordance with TDA ARM Section 17)
F. Non-Competitive bid (as defined in TDA ARM Section 17)
G. Professional Services (as defined under TEC 44.031(f) and/or Ch. 2254 of the Tex. Gov’t Code)
H. Price adjustment to Purchase Order or Contract, and already procured under item A-G
I. Extension or Renewal of an existing contract past its initial term as defined in the Terms and Conditions.
J. Other condition (specify):
CERTIFICATION:
I certify that the information provided above is true and correct to the best of my knowledge and belief. I further certify that I have determined that the costs or prices analyzed are necessary, fair, and reasonable.
Angel Wolf Purchasing Specialist
Name of Preparer Title Digitally signed by Angel Wolf
Date: 2021.06.18 17:19:53 6/18/2021 Angel Wolf -05'00' Signature Date