5-IC Special Instructions to Bidders 26-237.docx (4).pdf

SPECIAL TERMS AND CONDITIONS

PROPOSAL EFFECTIVE JULY 1, 2026 THROUGH JUNE 30, 2027.

A. The Proposal may be renewed in one (1) year increments for a period of four (4) additional years from the initial award with the mutual consent of the Klein Independent School District Superintendent, or her designee, and the awardee(s). The Klein Independent School District Board of Trustees will only consider changes in terms or conditions or price increases: (1) at the time of renewal (not during the term of the contract); and (2) upon a determination that such changes are necessary due to market conditions and in the best interest of the District. Any such changes must be submitted to Klein Independent School District with documentation supporting the reason for the changes, attention Purchasing Director, at least sixty (60) days prior to contract termination. If there is a reduction in the price during the term of the contract, the price to the District shall be reduced in the same amount and manner as the greatest reduction in price granted to any political subdivision or segment of the trade. Any price reduction shall be effective immediately.

B. No guarantees are made regarding actual numbers of items to be purchased.

C. If it is in the best interest of the Klein Independent School District, this Proposal may be awarded to multiple vendors.

D. In determining to whom to award a contract, the District shall consider the factors listed in Texas Education Code 44.031(b).

SPECIAL INSTRUCTIONS TO PROPOSERS

Proposals for the purchase of Ice Cream Products RFP #26-237 are requested by the Klein Independent School District for the school year 2026-2027. Award of this proposal will be made by the Klein ISD Board of Trustees at the June 8, 2026 meeting.

All prices shall be firm and fixed for the specified contract period of July 1, 2026 until June 30, 2027, with the option of four (4), one (1) year renewals. Any request for price increase, after the initial contract period, must be submitted in writing to the District at least sixty

(60) days prior to the increase taking place.

All bids should be in compliance with current federal procurement standards as mandated by the U.S. Department of Agriculture. Klein ISD requires that the vendor must be in compliance with Executive Order #11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR Part 60). “No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of, or in connection with, any such program because of race, color, national origin, sex, age, or disability.” Klein ISD requires that the supplier must be in compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)).

PROPOSAL TERMS AND CONDITIONS:

1. All bid prices shall be quoted by the vendor according to the unit specified. In the event your company does not provide products in the units specified, it is the vendor's responsibility to convert the price to our specified unit. If this requirement is not adhered to, Klein ISD reserves the right to reject the bid submitted on that particular item involved.

2. Klein ISD reserves the right to cancel the entire contract and/or buy on 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 that (1) any item is not delivered according to the specifications during the bid period; (2) brands of merchandise, other than brands named on the bid, are delivered without prior approval; (3) orders are not delivered within the specified time period. Quantities are estimates only.

3. A copy of the bidder's current HACCP certificate must be submitted prior to the bid opening as an attachment to the bid or delivered to the Klein ISD Nutrition and Food Services Office, 7500 FM 2920 Rd., Klein, TX 77379. Attachment may be uploaded under the ”Response Attachment” tab of the bid document.

4. A copy of the current nutrition analysis, including the list of ingredients and trans fat information, must be submitted for all products prior to the bid opening as an attachment to the bid or delivered to the Klein ISD Nutrition and Food Services Office, 7500 FM 2920 Rd., Klein, TX 77379 or via email to rmendiola1@kleinisd.net.

Attachment may be uploaded under the ”Response Attachment” tab of the bid document.

5. Deliveries:

a. Klein ISD will only accept deliveries on the products and brands specified in these bid documents. No substitutions will be accepted unless authorization has been granted by the Director of Nutrition and Food Services.

b. Only quality products will be accepted. Klein ISD reserves the right to reject any product delivered not meeting specifications or other provisions of this agreement.

If products are not received within proper temperature ranges, per HACCP guidelines, products will be refused. Vendor must then reship products in a timely manner.

c. Deliveries shall be made to all 50 campuses within Klein ISD. A list of locations and addresses is attached.

d. The driver should wear a uniform that identifies him/her as a representative of the awarded vendor. The driver should present a neat and clean appearance.

e. Ice cream product deliveries will need to be made at a minimum of once per week.

Deliveries are to be made in temperature controlled trucks between the hours of 6:00 a.m. to 11:00 a.m.

f. All ice cream orders will be sent electronically by the Klein Nutrition and Food Service Office at least three (3) days prior to delivery.

g. Ice cream products must meet state, local and/or federal specifications.

h. All products must be in compliance with Texas Senate Bill 314 which includes a ban on synthetic dyes and preservatives. Klein ISD requires that all food items must contain zero added trans-fat.

i. A velocity report must be available upon request.

j. Samples of products, if bidding other than specified, shall be furnished upon request. Any samples furnished shall be marked with the company name.

k. Marketing materials must be provided at no additional cost.

l. Klein ISD reserves the right to cancel the contract with any vendor by giving ten (10) days written notice to the vendor.

PAYMENT FOR GOODS RECEIVED:

1. The vendor shall provide two copies of the invoice with each delivery, an original copy for the Nutrition and Food Services Office and a copy for the cafeteria manager. All invoices must be signed by the cafeteria manager or a person designated by the manager. All invoices must be extended. A statement must be submitted, on a monthly basis, to the Nutrition and Food Services Office at 7500 FM 2920 Rd., Klein, TX. 77379. A breakdown of charges for each school shall be provided. The original invoice is the official document used by the Accounts Payable Department for payment and shall be furnished before payment can be made.

PERFORMANCE OF CONTRACT

The District reserves the right to discharge or terminate this contractual obligation and seek legal remedies when the bidder violates or breaches the terms of the contract, and/or the enactment of new laws.

The District reserves the right to terminate the contract upon default by the contractor. The definition of contract default includes but is not limited to the following:

A. Failure to provide specified items to meet scheduled service;

B. Any attempt at concealment of “true” cost; C. Failure to solicit Proposal pricing as agreed upon;

D. Failure to adhere to or abide by any additional requirements as outlined above or in the instructions to Proposers;

E. Failure to respond to customer complaints regarding quality, acceptance, and/or performance of the product;

F. Misrepresentation of products such as inaccurate counts and/or weights.

The District will impose a compensatory penalty of 5% of “sell” price on all items delivered that are not approved products as specified. Repeated substitutions of specified items will constitute default of contract. School officials will have the right to inspect all facilities of company submitting a proposal to ensure that the needs of the Food Service Department can be filled according to the proposal.

EVALUATION AND AWARD CRITERIA

The proposal will be awarded on an “all or none” basis. Student acceptability and taste testing will be considered in awarding food products.

Evaluation Criteria

1. Purchase Price - 70 points

2. Reputation of the vendor and of the vendor's goods or services - 10 Points

3. Quality of the vendor's goods or services - 10 Points

4. Extent to which the goods or services meet the district’s needs - 5 Points

7. Long-term cost to the district to acquire the vendor’s goods or services - 5 Points

Information regarding the awarding of Proposals will be available after June 10, 2026.

Information regarding Proposals and/or specifications may be obtained by contacting Monique Williams @ mwilliams12@kleinisd.net.

The successful Proposers will receive an award letter by email that will constitute acceptance of the terms contained in the Proposal offer.

BUY AMERICAN

As required by the Buy American provision, all products must be of domestic origin as required by 7 CFR Part 210.21(d).

Klein Independent School District participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products for Program meals. A ”domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR Part 210.21(d).

The country of origin must be completed on all food items. If the product is not domestic, please bid a domestic product as an alternate or state ”no US product available”.

mailto:mwilliams12@kleinisd.net

USDA Civil Rights Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at:

https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. Mail:

U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C., 20250-9410; or

2. Fax: 833-256-1665 or 202-690-7442 or

3. Email: program.intake@usda.gov

This institute is an equal opportunity provider.

mailto:program.intake@usda.gov