6-Special Instructions.pdf

Klein Independent School District

Smallwares Bid

Effective March 10, 2026 – December 31, 2026

Special Terms and Conditions

A. Contract Term & Renewals

This contract will be effective March 10, 2026, through December 31, 2026. The contract may be renewed in one (1)-year increments for up to two (2) additional years, with the mutual consent of the Klein Independent School District (Klein ISD) Superintendent, or designee, and the awarded vendor(s).

Renewals will not be considered if terms, conditions, or pricing change without mutual agreement between both parties. The Klein ISD Board of Trustees will consider requested changes only at the time of renewal, and only when necessary, due to market conditions and when determined to be in the best interest of the District. Any requested adjustment must include supporting documentation and must be submitted at least sixty (60) days prior to Klein ISD Purchasing Director for 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.

If the awarded vendor reduces pricing during the contract period, the same reduction must be passed to the District immediately.

B. No Quantity Guarantees

Estimated quantities are not guaranteed. Klein ISD will purchase items on an as-needed basis.

C. Multiple Awards

If it is in the best interest of the District, this bid may be awarded to multiple vendors.

D. Evaluation Factors

In determining which vendor offers the best value, the District will consider the factors listed in Texas Education Code 44.031(b).

Special Instructions to Bidders

Klein Independent School District is requesting bids for Smallwares for the 2025–2026 school year. The Klein ISD Board of Trustees will consider the award at the May 9, 2026, Board meeting.

The award period is March 10, 2026 – December 31, 2026. Prices must be guaranteed for the full contract term. Bid pricing is being solicited directly from manufacturers, distributors, or brokers, as applicable.

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)).

Delivery Requirements

1. All smallwares must be delivered to: Klein ISD Central Warehouse 7206 Spring Cypress Road Klein, TX 77379-3299

2. Deliveries must be scheduled with the Klein ISD Central Warehouse during regular business days and operating hours.

Bid Terms and Requirements

1. Pricing

Unit price must represent the net price to the District, including all allowances, off-invoice discounts, freight, and bill-backs. Bid should be the guaranteed maximum price on any item.

Prices should be guaranteed for the bid period.

2. Restrictions & Minimum Orders

Any order minimums or restrictions must be clearly stated. These will be considered in the evaluation.

3. Samples

Samples may be requested by the District, at no cost to the District. Samples must be provided promptly to allow fair evaluation of product(s).

4. Brands & Equivalents

Manufacturer brands listed in the specifications are for reference only. Equivalent products meeting all required specifications will be considered.

5. Estimated Usage

Usage figures provided are estimates only and do not represent purchase commitments.

6. All-or-Nothing Groups

Some product groups may be awarded on an all-or-nothing basis to meet shipment or minimum order requirements.

Performance and Compliance Requirements

The District reserves the right to terminate the contract and seek all legal remedies if the vendor breaches any term of the contract, fails to perform, or if new laws render the contract non-compliant. Failure to respond to or resolve customer complaints or issues related to product quality, acceptance, performance, or customer service. The District reserves the right to terminate the contract upon default by the contractor.

Contract default includes, but is not limited to:

Failure to provide specified items or meet scheduled delivery requirements

Concealment or misrepresentation of true costs

Failure to solicit bid pricing as agreed

Failure to comply with instructions or requirements stated in this document or special instructions to the bidder.

Failure to resolve product quality, performance, or customer service issues

Misrepresentation of product descriptions, weights, or specifications

Unauthorized substitutions will result in a 5% compensatory penalty based on the sell price. Repeated substitutions will be considered contract default.

Award Reassignment and Failure to Perform – Equipment Purchases (Federal Funds Clause)

In accordance with 2 CFR §200.318–326, if the awarded vendor is unwilling or unable to execute the contract, deliver equipment or smallwares as specified, or otherwise fulfill the terms of the award in a timely and satisfactory manner, Klein ISD reserves the right to:

1. Award the contract to the next lowest responsive and responsible bidder, provided their bid remains valid and pricing is acceptable.

2. Cancel the award and re-solicit the procurement.

3. Take any other action deemed necessary and in the best interest of the District to ensure timely delivery and compliance with all applicable procurement regulations.

All procurement actions will be fully documented to ensure compliance with federal and state requirements, including those required under the National School Lunch Program (NSLP), when applicable.

Bid information and specifications may be obtained by contacting: Monique Williams — Email: mwilliams12@kleinisd.net

Award information will be available after March 9, 2026. The successful bidder will receive an award letter that will constitute acceptance of the terms contained in the bid offer.

Bid Type: Line Item. Vendors may bid on all or any portion of the items listed.

Freight: Must be included in all bid prices based upon estimated quantities.

Evaluation Criteria

Total possible points: 100

1. Purchase price – 70 points

2. Reputation of vendor and vendor’s goods/services – 10 points

3. Quality of goods/services – 5 points

4. Extent to which goods/services meet District needs – 5 points

5. Long-term cost to the District – 5 points

6. Vendor resources to meet the district’s needs – 5 points

USDA Nondiscrimination 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 (including gender identity and sexual orientation), 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 (e.g., Braille, large print, audiotape, American Sign Language) should contact the state or local agency administering the program, or USDA’s TARGET Center at (202) 720-2600 (voice and TTY). Individuals who are deaf, hard of hearing, or have speech disabilities may 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 institution is an equal opportunity provider.