ESBD_399645_1740776628216_2025-05-27-009 FANS Full Line Grocery Bid Invitation.pdf

2025-05-27-009

FANS Full Line Grocery

Issue Date: 2/28/2025

Questions Deadline: 4/8/2025 07:00 AM (CT)

Response Deadline: 4/15/2025 10:00 AM (CT)

Contact Information

Contact: Mandy Palazzo Address: Purchasing

Plano Independent School District 6600 Alma Drive Plano, TX 75023

Phone: (469) 752-0289 Fax: (469) 752-0281 Email: mandy.palazzo@pisd.edu

Deadline: 4/15/2025 10:00 AM (CT) 2025-05-27-009Page 1 of 161 pages

Event Information

Number: 2025-05-27-009 Title: FANS Full Line Grocery Type: Request for Proposal Issue Date: 2/28/2025 Question Deadline: 4/8/2025 07:00 AM (CT) Response Deadline: 4/15/2025 10:00 AM (CT) Notes: PURPOSE: The purpose of this Request for Proposal (RFP) is to establish a competitive sealed proposal for Plano ISD Food and Nutritional Services (FANS). A listing of specific items to be proposed upon is provided with this solicitation. This is a proposal process; terms or prices may be negotiated. Any negotiable criteria will be established and notifications will be made to potential contractors. This RFP includes but not limited to the purchase of:

Frozen/Refrigerated Products Canned/Shelf Stable Products Beverages Chemicals/Custodial Supplies Disposable and Other Essential Products

The proposal is being issued in accordance with Title 2 of the Code of Federal Regulations (2 CFR) Part 200, United States Department of Agriculture (USDA) and Texas Department of Agriculture (TDA) to procure vendors who provide goods and/or services purchased by Plano ISD using federal dollars.

ANNUAL EXPENDITURE: The estimated expenditure for this contract is approximately $11,500,000.00 per year. However, this estimate should not be construed to be a guarantee of either minimum or maximum since usage is dependent upon actual needs and available funding. This estimated expenditure may be exceeded by 10% annually.

TERM: The initial term of this RFP will be for one (1) year from date of award. This contract, upon the agreement of both the successful vendor(s) and Plano ISD, will renew for one (1) additional one (1) year period if agreed to in writing by both parties. This decision will be made in the best interests of Plano ISD.

All pricing shall be firm and calculable at the time of sale during the life of the contract and must conform and comply with the proposed pricing in response to the original solicitation.

This proposal may be awarded to one or multiple vendors by line item, section or package as determined to be best value to the district.

Initial Contract Period: July 1, 2025 - June 30, 2026

Contract YR2 (Option): July 1, 2026 - June 30, 2027

Deadline: 4/15/2025 10:00 AM (CT) 2025-05-27-009Page 2 of 161 pages

Billing Information

Address: 2700 West 15th St.

Att'n: Accounts Payable Dept.

Plano, TX 75075

Bid Attachments

Sample Insurance form.pdf View Online

Sample Insurance form - Certificate Holder must have Plano ISD 6600 Alma Dr, Plano, TX 75023

Insurance_Requirements (1).doc Download

Insurance Requirements

CIQ_Form.pdf View Online

Conflict of Interest Form - If applicable

USDA AD-1047.pdf View Online

USDA AD-1047

Iran Contracting Act.pdf View Online

Iran Contracting Act

Felony Conviction Notification.pdf View Online

Felony Conviction Notification

Form W-9 (Rev. March 2024).pdf Download

W-9 form (Rev. March 2024)

Buy_American_Deviations 4.2.24.xlsx View Online

Buy American Deviations

Disclosure_of_Lobbying_Activities.pdf View Online

Disclosure of Lobbying Activities

Form 1295 Sample - Texas-Ethics-Commission-Conflict-of-Interest.pdf View Online

SAMPLE-1295 Form-File online on TEC website

PLANO ISD STANDARD TERMS AND CONDITIONS 1.22..pdf View Online

Plano ISD Standard Terms and Conditions

FANS Procurement Code of Conduct.pdf View Online

Plano ISD FANS Procurement Code of Conduct

FANS Procurement Plan (Policies and Procedures).pdf View Online

FANS Procurement Plan (Policies and Procedures)

ARM_Complete_240531.pdf Download

ARM Complete 240531 (valid 12.16.24)

District_Map.pdf View Online

Plano ISD School Locator Map (4.10.24)

Plano ISD Calendar25-26.pdf Download

Plano ISD Calendar 25-26

Deadline: 4/15/2025 10:00 AM (CT) 2025-05-27-009Page 3 of 161 pages https://pisd.ionwave.net//VendorLanding.aspx?e=rx7hWZ-6z0K3WD9oo~U3j-1JIn9yQponCPKi7rieTHWL4ti0q1CCUOagDw0RyQPM https://pisd.ionwave.net//extract.aspx?e=RkXegSO-EHkIIixnFy-IJVJMqXHO8fVb1iD6ELZWeLhx-60FTOrCZ8iVS3aLL1Z6IibRhovcWWDxE5H3zO9TKQ https://pisd.ionwave.net//VendorLanding.aspx?e=WO3If55ZhWb4haJ2VIc1lNgrdMPg0-KxYi0Wa3X8IKd21y4M7DpBZT6fBxTGKvIf https://pisd.ionwave.net//VendorLanding.aspx?e=14tlYBG21eDa8k-V6tnHNb5VNkt3MXKQ-5H3-llBY5lSPg7frjj48RC2~Su26fGB https://pisd.ionwave.net//VendorLanding.aspx?e=G7dzyGjfLzhlTOX0XXctmazgWk3RChMXUfN81icOYzz0CvY3rY67V0-IrgSgKqC~ https://pisd.ionwave.net//VendorLanding.aspx?e=STDSJPvYf-xoFtl5CTTkIcrQX6daC9AfSXDb4QzghsqeFn~E2gbOonZ-KzzWfrNV https://pisd.ionwave.net//extract.aspx?e=uz8i4WWyKpnrKnRwLHJtPBkQ~TyTbYaejSO-4RCKboLSMzJp2PyPjlDCbdRsWNFQHawxGNDaT5vBzWmdiRfF3g https://pisd.ionwave.net//VendorLanding.aspx?e=1Usd0DlqeqK9HxvDrljGBUNlEOlI4U5Ff4wAvvh9m0cXY1D3EihyXfNVh6aXP8lc https://pisd.ionwave.net//VendorLanding.aspx?e=vZC5TvTYCsdONT3wc~VNeALIu96Wu-qAj8H4CaBeCyZ8ZrN6oAceUDEhcgRJuwxS https://pisd.ionwave.net//VendorLanding.aspx?e=e6d0F6d1C7HAZICI4bduItL5mJ5X7oOPXHzugQDZ0p2rXh~cxPKMcrHGdsK5WmLS https://pisd.ionwave.net//VendorLanding.aspx?e=w3KYaotN4Oub~SlIWpzwqcNUk2JDLnaNLhA-hsC3Ou7jc-ct4LtPsXPzsu4-b~b8 https://pisd.ionwave.net//VendorLanding.aspx?e=T-C9WXK5bQrZdnztgw317SdLfRwZS8ZnUjSxcv88N0bnvFf3GS2lKTTf4Ofw338O https://pisd.ionwave.net//VendorLanding.aspx?e=PTriB-JTzIqCV597PxUtjUdDk5Z861fVzGqJjgACLkdF1THyr7tRbFUIRcfJiQUW https://pisd.ionwave.net//extract.aspx?e=Is9zI-b3kQizNjyt13Y5oAFcnEJ308R0BWA0bnJwdirKVEWF63ydzOjX~YB4twRZDK9njhzxYCmnzsDCcpBUew https://pisd.ionwave.net//VendorLanding.aspx?e=7jSqNHvGzlcm2FgB2FKtklZFvJJdNemL6erEtmbZpYg3lNG~iWxR0IL3MEPEqk-A https://pisd.ionwave.net//extract.aspx?e=mTivcELczUClnNQ~C11PHaNq2R~JsiLwRfZn6DbHq7tY9r6~uaIwHiJEn3~Dm4KsO8YxnBYqXkKdGVqe~hcSKw

Working Spreadsheet.xlsx View Online

Grocery-Working Spreadsheet

Bid Attributes

1 Introduction

There are several attributes associated with this proposal. Some are notes and require no response, but most have a required response. Please view and respond to all attributes on each page. If you do not read and/or respond to all bid attributes that require a response, the system will not allow you to submit your electronic bid response.

2 Electronic Bid Submittal

The district is legally required to accept paper bids; however, we recommend that bidders submit electronically.

Please feel free to contact us if you require assistance. When filing this bid electronically, please do not send us a paper copy, as the electronic version will prevail.

No faxed, email or late bids received will be accepted.

If the district office location where bids/proposals are to be submitted is closed due to inclement weather, natural disaster, or for any other cause including if the electronic bid systems is unavailable on the due date due to Ionwave system outage, the deadline for submission shall be extended until the next district calendar business day upon notification from the district.

Bidders are advised to click save before leaving each screen in the e-bidding process. Failure to save your work per screen of activity will result in an inaccurate filing of the bid or failing to submit the bid.

Please confirm that you have read and understand this instruction. This is your electronic signature.

Yes No (Required: Check only one)

3 Company Information

Please list the name and address of the company, name of the person completing this bid, contact phone number, and email address.

(Required: Maximum 1000 characters allowed)

4 Customer Service/Quote Contact Name

Please advise if there is a specific person or department.

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5 Customer Service/Quote Contact Phone Number

Please provide contact phone number.

(__ __ __) __ __ __ - __ __ __ __ ext:

(Required)

6 Customer Service/Quote Contact Email

Please provide contact email address.

(Required: Email address)

7 Years of Business

How many years has your firm been in business?

This is your electronic signature.

(Required: Numbers only)

8 References

In the section below list three references preferably from school districts with whom you have conducted business.

Include the company name, e-mail address, phone number, and contact person. References are optional but preferred. Do not include Plano ISD or Plano ISD employees as a reference.

9 Reference #1- Company Name, Address, and Contact

Company Name Address City, State, Zip Contact Name

(Optional: Maximum 1000 characters allowed)

Reference #1 - Phone Number

Phone Number

(Optional)

Reference #1 - Email Address

Email Address

(Optional: Email address)

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Reference #2- Company Name, Address, and Contact

Reference #2 - Phone Number

(Optional)

Reference #2 - Email Address

Reference #3- Company Name, Address, and Contact

Reference #3 - Phone Number

(Optional)

Reference #3 - Email Address

Deadline: 4/15/2025 10:00 AM (CT) 2025-05-27-009Page 6 of 161 pages

TYPES OF INSURANCE COVERAGE LIMITS OF LIABILITY

1.Workers' Compensation Statutory

2.Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee

3.Commercial General Liability $1,000,000 combined single limit policy aggregate $500,000 combined single limit each occurrence

(Property damage deductible not to exceed $500 per occurrence)

4.Business Auto Liability $1,000,000 combined single limit each occurrence

Forms

Please note the list of forms below must be uploaded before a vendor can be evaluated and awarded this bid.

Forms can be found in the attachment tab.

Certificate of Insurance

Conflict of Interest if applicable

1295 Form - will be required if awarded

W9 Form

USDA AD 1047 Form

Disclosure of Lobbying Activity

Felony Conviction Notification (if needed)

Buy American Deviation

Iran Contracting Act

Insurance Requirements

If it is necessary for you to come onto Plano ISD property in the performance of this contact, successful contractor will be required to supply proof of insurance in accordance with the following schedule. Plano ISD requires that contractor's insurance be placed only with companies that have achieved at least an "A" rating with A.M. Best. The district reserves the right to require higher limits of coverage depending on the size, scope, and nature of a contract. Plano ISD must be named as an additional insured on both the General and Auto liability.

The immunity of the owner shall not be a defense from the insurance carrier. Only the awarded proposer is required to furnish a certificate of insurance naming Plano ISD as additional insured and said certificate will be delivered within 14 days of the date of the award notification.

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Communication Process

Contact between vendors and Plano ISD personnel during the RFP process or evaluation process is prohibited.

All communications shall go through the Purchasing Department during the competitive process. All questions received and the corresponding answers will be distributed to all proposers. Verbal responses will not be provided.

You may click on the questions tab to submit your question(s).

Limited Entry

Ionwave allows bidders to offer pricing for the specified product and also enter an alternate option. Bidders should offer pricing on recommended manufacturers and products listed on the line items when possible. Bidders may offer an equal brand or product to any specified item as an alternate. All alternate items must be entered by clicking on the +add alternate button to the right of each line item to be accepted. Alternate items bid in the notes section may be subject to disqualification.

A no bid must be completed for each item not being bid. $0.00 will be considered a no bid.

Vendors are encouraged to provide pricing on specified items, even if no estimated quantity is provided.

Do you agree to bid following the instructions above?

Yes, I agree to follow bid instructions. No, I do not agree. I understand my bid may be disqualified.

(Required: Check only one)

Errors and Omissions

Due care and diligence have been used in the preparation of the specifications and information contained in the solicitation and is believed to be sustainably correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely on the respondent.

Plano ISD FANS will not be responsible for any errors and omissions in the specifications nor the failure on the part of the vendor to determine the full extent of the conditions, requirements and specifications before submitting a proposal. Failure to do so will be at the vendor’s own risk and vendor cannot secure relief on the plea of error.

Neither law nor regulation make allowance for errors of omission or commission of the part of the vendor.

Right of Rejection

Proposals must comply with all terms of the RFP, and all applicable local, state, and federal laws, codes, and regulations. Plano ISD may reject as non-responsive any proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

This RFP does not commit Plano ISD to award a contract. Plano ISD reserves the right to reject any or all proposals if it is in the best interest of the district.

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Assignment Delegation

Vendor may not assign this agreement or any of its rights, duties, or obligations hereunder without the prior written approval from Plano ISD FANS.

Any attempted assignment of this agreement by vendor shall be null and void. Any purchase or work order made because of this agreement may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by vendor without the prior written approval of FANS.

Vendor is required to notify FANS when any material change in operations occurs, including but not limited to, changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within three (3) business days of such change.

Funding out Clause

Any contract for the acquisition, including lease, of real or personal property is a commitment of Plano ISD’s current revenue only:

1. Plano ISD retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.

2. The contract is conditioned on a best effort attempt by Plano ISD to obtain and appropriate funds for payment of the contract. Plano ISD, as a governmental entity, may not be held liable for non-funding of a contract caused through no fault of its own. If Plano ISD fails to appropriate funds to provide for the annual renewal of a contract, the district may cancel without termination charge. This is provided that the vendor receives at least thirty (30) days written notice of the termination stating the lack of funding as the reason for the termination.

Right to Terminate

Plano ISD, by a 120-day written notice, may terminate this contract upon non-performance by vendor, in whole or in part, when it is in the district's interest. If this contract is terminated, the recipient shall be entitled only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

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Warranty

All goods and/or services provided by the vendor under this agreement shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended (the “FDC Act”) for the period during which the vendor’s guaranty is effective.

Vendor guarantees that no products shall be classified as hazardous materials subject to Department of Transportation regulations contained in 49 CFR 177.800 – 177.870. If the vendor /manufacturer’s warranty is less than the indicated period, the vendor shall warrant the goods and/or services to the full extent as provided by the vendor/manufacturer. FANS will endeavor to give the contractor written notice of the breach of warranty within thirty

(30) days of the discovery of the breach of warranty, but failure to give timely notice shall not impair FANS rights under this section.

Vendor warrants that any services rendered by the vendor in relation to warranty of items will be fully and timely performed in a professional and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the agreement, and all applicable federal, state, and local laws, rules, and regulations.

Vendor warrants that all goods and/or services furnished under this agreement shall conform in all respects to the terms of this agreement, including, without limitation, those detailed in the procurement solicitation issued by FANS.

In addition, vendor warrants that goods and/or services are suitable for and will perform in accordance with the purchases for which they are intended.

Vendor shall assume all liabilities incurred within the scope of the consequential damages and incidental expenses, as set forth in the vendor or manufacturer’s warranty, which result from either delivery or use of product, which does not meet the specifications within this agreement, the procurement solicitation, or purchase order.

Warranty Maintenance Agreement

Any information regarding warranties and/or maintenance agreements pertaining to the goods and/or services in this solicitation shall be noted. The vendor shall provide warranty information and/or company guarantees concerning the goods and/or services proposed. Goods and/or services that is found to be defective shall be replaced or fully repaired to the satisfaction of FANS before payment is made.

Limitation of Warranty

Vendor shall not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect.

Manufacturer's Guarantee

A manufacturer’s total satisfaction written guarantee shall be required, in accordance with Uniform Commercial Code (UCC), for the one-year agreement term, with FANS, reserving the right to have any item replaced should the original item prove to be unreliable or defective as expressed or implied by verbal or written specification.

The items will then and after adequate time to remedy, be replaced without charge to FANS, satisfaction. This will be provided at no additional cost to FANS during the term of the contract.

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Specifications

Specifications may be those developed by Plano ISD to represent items of regularly manufactured products or services.

a. Plano ISD specifications have been developed to represent minimal standards as to the usage, materials, and contents based on need.

b. Manufacturer's specifications, when used by the Plano ISD, are to be considered informative to give the bidder information. Proposals on any reputable manufacturers regularly produced product of such items similar and substantially equivalent will be considered,

c. If any conflict exists, the written specification will override any referenced brand. Compliance with all specifications and conditions is required. All proposals must include a detailed statement of exceptions taken to any part of the request.

Product Samples

Samples may be requested at no cost to the district. In order to be considered, samples must be received within five

(5) working days of request. Each sample must be labeled with the RFP number, vendor’s name and product code number. Option to add item will be under the same terms and conditions of the contract. Estimated quantities will be provided for negotiated price.

Samples shall be submitted directly to Food and Nutritional Services, 6600 Alma Dr. Suite B, Plano, TX 75023.

Will your company provide this service? This is your electronic signature.

Yes No (Required: Check only one)

Quantities and Estimated Usage

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.

The awarded vendor shall be aware that some quantity needs may be altered significantly or deleted due to allocations of USDA Foods commodities and/or participation changes. Quantities are estimates only.

PISD reserves the right to purchase more or less of the units specified.

The district is not responsible for any proprietary merchandise or quantities of product in the vendor’s inventory at the end of the contract period as a result of the District’s estimated needs; however, the district shall make every effort to use all proprietary merchandise during the term of the contract.

RFP Pricing Structure

Pricing is submitted via electronic bid submission in the e-bid software utilized for this RFP. Pricing requested may require firm/fixed for the contract term, or escalation if RFP is for milk, and/or weekly market or monthly pricing if fresh produce.

Will you comply? This is your electronic signature.

Yes No

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Firm/Fixed Pricing

All prices in vendor’s proposal shall remain fixed and firm for the term of the agreement. Pricing is submitted via electronic bid submission in Ionwave. Any price changes shall be presented to Plano ISD FANS, for acceptance or rejection by FANS, in its sole discretion, using the same format as was accepted in vendor’s original proposal; all price changes for goods and/or services provided under this agreement, must be approved, in writing, by FANS prior to taking effect.

The following documentation shall be provided to support a request for price change: justification for change/increase using a known market index/market condition, terms and conditions, and/or manufacturers/distributors’ impact (if any).

a. Pricing shall encompass the costs of the product’s receipt into storage, distribution, financing and profit, production losses, analyses cost, waste, labor, overhead, and transportation costs of the specified products.

b. Proposal price must be submitted on cases and/or units of quantity specified and extended to show total if applicable.

c. Case price must be shown to the penny in two decimals unless otherwise indicated. Unit price must be shown with a minimum of four decimal places.

d. In the event of discrepancies in extension, the unit price will govern.

e. Vendors are encouraged to provide pricing on specified items, even if no estimated quantity is provided.

f. Discount from list quotations may be requested, but not part of the evaluation.

g. Proposer shall not include sales tax with any pricing. Plano ISD FANS is exempt from Federal Excise Tax, State Tax, and Local Tax. Tax exemption certificates will be provided on the back of every PO.

h. Proposer agrees, upon issuance and acceptance of this proposal, to furnish awarded items or services at the bid price and all other conditions contained in the Terms and Conditions, specifications, other special options proposal forms and bid documents within this proposal.

Will you comply? This is your electronic signature.

Pricing: Escalator/De-escalator

This RFP is setup as an escalator and de-escalator bid with pricing based on Raw Milk Class I and Base Skim Milk Class I pricing. The original quoted price and subsequent price changes will remain fixed for at least (30) days.

a. Requests for price increases/decreases must be submitted in writing to FANS for approval.

b. The request shall be submitted by the 10th day of the month preceding the month in which the change will occur.

i. A copy of the Federal Milk order shall be attached to the request, as well as a written calculation showing how the price was determined.

c. Price changes will only be considered when the cost of raw milk per hundred-weight (cwt.) has changed by at least $0.10, increase or decrease.

d. Awarded vendor may increase their price per half pint of milk by $0.00054 and must decrease their price per half pint of milk by $0.00054 for every $0.10 raw milk price change.

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Market Basket Method and Adding Products, if applicable

Plano ISD utilizes the Market Basket solicitation method that allows Plano ISD to procure a list of products with varied pricing options and evaluate using a total price cost analysis or simplified total cost analysis.

Per TDA’s ARM, Section 17 (https://squaremeals.org/Portals/8/files/ARM/ARM_Complete_200812.pdf) when a CE plans to make purchases beyond the products listed on a current market basket contract, these purchases should be made using the appropriate procurement method: micro, small purchase, sealed bid, or competitive proposal.

However, if Plano ISD determines that adding the purchase of a limited number of products to a current market basket contract would be advantageous, Plano ISD may do so if: The option to add products not included in the current market basket contract is described in the original solicitation and contract as a specific percentage of the estimated value of the contract. The specified percentage must be no more than 10% of the estimated value of the contract.

Adding new products to the contract must not cause the contract to exceed the estimated total value of the contract at the beginning of the contract year. If the value for the purchase of the added products exceeds the specified percentage (no more than 10%), a separate procurement for those products will be conducted. The purchase of any additional products on an existing market basket contract that exceeds the specified percentage (no more than 10%) is an unallowable cost.

Plano ISD includes written item specifications that have zero known estimated quantities. Vendors are highly encouraged to propose bid pricing on all written specifications. Any product with a zero quantity listed will be placed on a catalog list if vendor is awarded. Plano ISD has the right to add items from the catalog list throughout the contract term if the addition of product/products does not exceed the material change threshold of 10% of total contract value.

Minimum Order Requirement

Does your firm require a minimum order?

(Required: Check only one)

Minimum Order Amount

What is your minimum order amount?

(Required: Numbers only)

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Ordering Process

Please explain the ordering process for individual schools to place orders.

1. Do you offer online ordering system?

2. Do you offer online scheduling system?

3. Do you offer online velocity reports?

(Required: Maximum 4000 characters allowed)

Delivery of Orders

Deliveries will be made weekly inside the receiving areas of approximately sixty-eight (68) Plano ISD school sites between the hours of 6:30 a.m. and 2:30 p.m. Some school sites may require twice a week delivery. Plano ISD prefers Tuesday and Wednesday for the primary delivery days. Thursday and Friday are delivery days for any shortages, damaged or substandard merchandise. If deliveries are late and cannot be delivered during the specified time frame, regardless of the cause, deliveries must be made at the start of the following day.

Should the district have to pay additional labor to any employee due to late deliveries, labor cost will be charged to the awarded vendor. Proposal prices will include all freight and delivery charges.

Will your firm provide Plano ISD with this service? This is your electronic signature.

Yes No (Required: Check only one)

Delivery Conditions

If you answered no to the above bid attribute, please explain.

(Optional: Maximum 4000 characters allowed)

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Schedule Routes and Holidays/Closures

The awarded vendor must provide a scheduled route list before beginning of the current school year. (see attached PISD map)

In the event of school closure (bad weather, etc.), FANS will not accept deliveries on the dates closed without prior approval. If a scheduled delivery day is a holiday, deliveries will occur the next business day after the holiday. Some school sites may require May through August summer deliveries. (see attached current school year calendar)

Will your company provide this service?

(Required: Check only one)

Emergency Deliveries

Plano ISD may request an emergency delivery. Awarded vendor shall use their best efforts to comply with rush or emergency request. However, if the award vendor cannot fulfil the emergency delivery requirement, Plano ISD reserves the right to purchase from an alternate source.

Vendor may be requested to hot shot deliver products if failure to deliver ordered products is fault of vendor. Hot shot deliveries must be handled within a 24-hour period of the original delivery time. This service must be provided at no additional cost to the district.

Will you provide this service? This is your electronic signature.

Yes No (Required: Check only one)

Vendor Sign-In Sheet

Vendors must sign in and out when they deliver to any Plano ISD site. The vendor sign in sheet will be located at the delivery area in each kitchen.

Will you comply to this request? This is your electronic signature.

Yes No (Required: Check only one)

Acceptance of Merchandise

Cafeteria manager or a designated employee will be responsible for checking the quality and quantity of merchandise delivered to each campus. The cafeteria manager or designated employee shall have the authority to refuse any merchandise that does not meet specifications. Merchandise returned at time of delivery will have credit issued by immediate correction of invoice.

Packaging/Conditions

Unless otherwise indicated, items will be new, unused and in excellent condition and delivered in containers suitable for damage-free shipment and storage. FANS will not accept factory seconds or otherwise inferior goods and reserves the right to return such item(s) within thirty (30) days of receipt at vendor’s expense. If refurbished products are being offered it must be clearly stated in proposal.

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Product Recall

Vendors are required to have, and follow, written product recall procedures, which includes a primary and secondary point of contact. If a product recall is instituted on any good that has been furnished and delivered to Plano ISD FANS, vendor must immediately (i.e., within 24 hours but preferably sooner) notify the Director or Assistant Director by e-mail or in writing and must include all pertinent information relating to the recall. Vendor will be responsible for all costs associated with replacing the recalled product, including replacement cost, shipping charges, etc. This requirement shall survive payment and acceptance of the goods.

Vendor is required to submit their recall procedures to satisfy proposal submission requirements.

Damage

Any vendor proven to have caused damage on Plano ISD property is solely responsible.

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Purchase Order and Payment Method

Orders may not be filled until awarded vendor has received an approved purchase order signed by the Executive Director of Purchasing. This purchase order may be faxed, mailed or attached to an e-mail. Payment will be made within 30 days after order is fulfilled and itemized invoice is received.

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Invoice and Statements

Invoices shall be directed to Plano ISD accounts payable department. Vendor shall submit invoices within a timely manner during the fiscal year in which the good(s) and/or service(s) are purchased, and:

a. Submit separate invoices, in duplicate, on each purchase order at the time or shortly after each delivery.

b. Invoices shall indicate the purchase order number.

c. All invoices shall be itemized to include a description of each good(s) and/or service(s) rendered.

d. Items should be shown in numerical order and must correspond with the item numbers shown on the purchase orders.

e. Quantity, unit and price of each item must be shown. All prices should be extended on the invoice.

f. Total all extensions on the invoice.

g. Discounts, credits and/or rebates, if applicable, must be stated, extended and deducted to arrive at a net total for invoice.

h. Transportation charges, if any, shall be listed separately.

i. A copy of the bill of lading, and the freight weight bill when applicable, should be attached to the invoice.

j. Shipment date of merchandise must be shown.

k. Date of purchase order must be shown.

l. Payment shall not be due until product is received or services are rendered and all documents received.

m. Vendors should keep the Accounts Payable department advised of any changes to remittance addresses.

n. Buyer's obligation is payable only and solely from funds available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to seller by buyer.

o. Do not include Federal Excise, State or City Sales Tax. Every PO has the tax exemption certificate.

p. If a credit is due, the next/subsequent invoice must show the credit owed and applied.

r. If the FANS personnel denies or rejects a product deemed unacceptable personnel will make a notation directly on the invoice, initial and date it, along with the initials of the delivery driver.

The awarded vendor must issue delivery invoices in duplicate and designated personnel must sign all three (3) copies.

A contact person must be given to Plano ISD Accounts Payable Department to communicate any discrepancies in pricing and other problems that might occur. This contact person must respond in a timely manner to any questions concerning invoices in question or delay of payment will occur at no fault of the Plano ISD Accounts Payable Department. Payment will be made by Plano ISD after services have been received, accepted, and properly invoiced per the purchase order. Invoices must include the purchase order number.

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Damaged Goods & Credit Procedures

All containers in which products are packaged must be sturdy enough to contain the product. The awarded vendor will be required to replace at no charge to Plano ISD all products lost due to spillage or leakage from faulty containers. Any damaged or unusable products must be picked up by the awarded vendor at the time of the next delivery.

The vendor shall issue credits for products that do not meet the Plano ISD standards such as:

Product shortage upon delivery Product quality Food Safety and/or Sanitation Specifications set forth in this RFP/Bid

The awarded vendor must issue credit invoices in duplicate. All three (3) copies must be signed by FANS personnel.

Describe in detail your company's procedure for pickup and credit of damaged goods.

Material Changes

If a material change occurs to a contract, the contract will not be renewed upon the conclusion of its term. Upon the expiration of the term, Plano ISD may issue a new RFP for the goods or services procured under the previously existing contract. Material change means a modification that substantially exceeds and/or alters the terms of the original contract, and/or the total contract value greater than 10%.

Manufacturer Product Change

If the manufacturer's product formulations change and/or pack sizes change prior to or during the contractual period, it is the responsibility of the awarded vendor to notify Plano ISD FANS immediately with proper documentation, along with price adjustments.

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Discontinued Products or Substitution of Products

All substitutions require prior written approval by FANS. If applicable, the product substitution request must be accompanied with CN Label or Nutritional Analysis information, and/or other product information. FANS reserve the right to require the vendor to offer possible substitutes if any material or equipment becomes unobtainable during the term of the contract. Outstanding orders are not automatically amended by an approved substitution. The vendor must contact the qualified ordering entity 72-hours prior to shipment of the approved substitution.

a. If substitutions are made without prior written or verbal approval of the ordering entity, under Uniform Commercial Code, the entity shall retain the Right to Remedy and purchase the product(s) from another supplier, charging the difference of the bid price to the vendor.

b. Bid pricing, based on per serving cost, for the product substituted will apply to the substitute product unless substitute product is of a lesser price and/or vendor can prove that reason for substituted product is not the fault or their own.

c. FANS provide all awarded contractors with estimated quantities. Vendors are required to gather forecasted products and quantities. Failure to properly manage forecasts and order products in a timely fashion to meet the district’s needs will be considered fault on the contractors’ behalf. It is recommended to forecast a minimum of 4-6 weeks out to ensure proper and timely ordering.

d. Vendors may not substitute a product that does not meet the Buy American Provision. If a non-domestic substitution is made without a 72-hour notice to FANS, contractor will be considered in breach of the awarded contract and may incur penalties as described in these Terms and Conditions.

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Yes, I agree No, I do NOT agree

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Price Changes

During the life of a contract only industry-wide published price changes as reflected in a manufacturer's printed price list, published documentation, or other approved method in a proposal may be submitted to FANS for price adjustment consideration.

FANS will accept or reject increases after receipt of a properly submitted request from the vendor, which includes documentation as to the nature of the change substantiated by, but not limited to, the following indexes: The Food Institute Report, Urner Barry Market Indexes, Producer Price Index (PPI), Consumer Price Index (CPI) and any other relevant commodity price indexes. Price changes must be measurable and auditable, and supported by a published index, and supporting documentation must be submitted for review.

The Producers Price Index is an accurate index for basing product price escalations and de-escalations. The monthly “PPI Detailed Report”, “Table 9: Producer price indexes and percent changes for commodity and service groupings and individual items, not seasonally adjusted” can be used as a reference for price adjustments, both up and down. (This table begins roughly on page 29 of the monthly report).

FANS will respond to such requests by: 1) granting the request; 2) reassigning the item(s) to another awarded vendor; 3) rebidding the item(s); 4) taking any other action as deemed necessary.

If a properly submitted increase is rejected, the vendor may cancel such items from the contract by giving FANS written notice. Cancellation will not go into effect for thirty (30) working days after receipt of the written request. Old prices must be honored on orders dated up to the official date of cancellation.

Vendors are required to immediately implement any industry wide price decreases that become available. FANS must be notified in writing of any decrease for file updating purposes.

Best and Final Offers

Plano ISD may request best and final offers from those proposers whose proposals are within the competitive range, prior to making an award. The evaluation team shall review the best and final offers and adjust final proposal scores accordingly. If a proposer does not submit a best and final offer by the time and date required, the original offer will be deemed the best and final offer.

Geographic Preference

FANS may apply preference to agricultural products produced, processed, or grown in Texas if the cost to the school district is equal and the quality is equal; if agriculture products produced, processed, or grown in Texas are not equal in cost and quality to other products, the school district shall give preference to agriculture products produced, processed, or grown in other states of the United States over foreign products if the cost to the school district is equal and quality is equal; a school district that purchases vegetation for landscaping purposes, including plants, shall give preference to Texas vegetation if the cost to the school district is equal and the quality is not inferior.

Preferences must be explicitly claimed by vendor and may not be applicable in procurements and/or contracts involving federal funds unless the procurement and/or contract involves unprocessed locally grown or locally raised agricultural products for use by FANS in a School Nutrition Program. See 2 CFR § 200.319(b), and 7 CFR § 210 (National School Lunch Program), 215 (Special Milk Program for Children), 220 (School Breakfast Program), 225 (Summer Food Service Program), 226 (Child and Adult Care Food Program).

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Child Nutrition Labels

All Child Nutrition labels must be valid according to the USDA Child Nutrition (CN) label verification report. If the product doesn't have a CN label vendor must provide a valid product formulation statement.

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Nutritional Fact Sheets

Awarded vendor must maintain current nutritional fact sheets and provide an internet location with easy access to the nutritional fact sheet.

Will your company comply with this information? This is your electronic signature.

Yes No (Required: Check only one)

Value Pass Through Methods Utilized

a. Fee for Service through Distributor (FFSD): This method is allowed as per USDA Food Distribution National Policy Memorandum FD-025 Fee for Service Billing Methods through a distributor. Commercial distributor will bill the district for the total case cost which includes the manufacturer’s FFS case cost plus a distribution fee as outlined by the commercial distributor.

b. Indirect Discount (Net Off Invoice or NOI): Preference is given to manufacturers who can offer cost savings associated with approved USDA Full Substitution and/or Standard Yield Programs as well as distribution through the commercial food distributor for the Net Off Invoice (NOI) option for deliveries. Processor inventories or banks approved donated USDA commodity food pounds and then draws down from the cooperative member’s inventory based on the requested and approved end products. Commercial distributor’s invoice lists the commercial price per case with the discounted value of the donated food used per case (as per the USDA Commodity File Report issued in November), resulting in the net cost per case. The district is eligible for the discount until their inventoried or banked donated food pounds are depleted. Manufacturer shall state the verification system utilized to track USDA donated food pounds and end products. FANS shall have access to the inventoried or banked donated food pounds data and/or will provide a monthly report.

Will you comply? This is your electronic signature.

Yes No Not applicable (Required: Check only one)

USDA Competitive Food Nutrition Standards, if applicable

REGULATIONS: Every product bid must meet all USDA and TDA regulations for use in School Nutrition Programs (SNPs).

Nutritional guidelines are subject to change by the United States Department of Agriculture and the Texas Department of Agriculture and may change quantity estimates.

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Safety Data Sheet, if applicable

It is the policy of Plano ISD to comply with the Texas Hazard Communications Act. Therefore, it is required that all suppliers of chemicals provide Plano ISD with a Safety Data Sheet for all chemicals. This information shall be provided on an OSHA Form 20 Safety Data Sheet or a suitable equivalent. The awarded vendor must provide the requested information within 10 business days after award notification.

Will your company comply with this request? This is your electronic signature.

(Required: Check only one)

Vendor Customer Support

The awarded vendor shall provide a designated Plano ISD customer service representative to handle inquiries, delivery information, quantity and/or quality problems and overall customer service. The awarded vendor shall provide a one (1) business day maximum response time for customer inquiries. The awarded vendor’s sales representative will be responsible for visiting Plano ISD to advise about manufacturer and supplier marketing programs as well as new products. The awarded vendor shall provide a usage report of items used whenever requested. These usage reports are due within the time frame Plano ISD requests.

FANS recommend the awarded vendor maintain a 98% or better fill delivery rate at all times. Fill rate report must be submitted upon request.

Evaluation Criteria

Plano ISD FANS will evaluate responsive proposals based on TDA criteria:

In accordance with applicable laws, rules, and regulations for public procurement, FANS award(s) the most responsible vendor(s) whose proposal(s) is/are determined after evaluation by FANS, to be the best value. To qualify for evaluation, proposers must submit all required documents and pricing no later than the submission deadline identified in this document.

It is not the policy of Plano ISD to award bids on the basis of low price alone.

Purchase price (50 points) - Vendor's cost/lowest proposed cost x 50.

Vendor submitted responsible and responsive bid (10 points) - All requested documents were received and completed per solicitation instructions.

Quality of vendor's goods/services (15 points) - If unknown, samples will be requested and compared.

Extent to which goods/services meet district needs (20 points) - Variety of products offered and products meet specifications.

Reputation of vendor and vendor's goods/services (4 points) - Reference feedback

Qualifies as HUB or Minority, Woman-Owned, Small or Veteran-Owned Business (1 point) - Certificates received.

Total points 100

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System of Award Management (SAM)

If your company wants to successfully pursue a contract, it is essential that your business registers in the federal government's vendor database. SAM is an official website of the U.S. government. There is no cost to for registration. You can use this site to:

• Register to do business with the U.S. government

• Update or renew your entity registration

• Check status of an entity registration

• Search for entity registration and exclusion records

Plano ISD utilizes ”SAM” as a tool to Search for entity registration and exclusion records to ensure that federal grant money may be utilized as a method of payment for a particular vendor.

Will you register your company on SAM.gov? This is your electronic signature.

Yes No (Required: Check only one)

Workers' Compensation Certificate

Labor Code section 3700 in relevant part provides:

Every employer except the state shall secure the payment of compensation in one or more or the following ways:

(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state.

(b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees.

I am aware of the provisions of section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of work of this contract.

This is your electronic signature.

Yes, I agree No, I do NOT agree (Required: Check only one)

Vendor Online Platform Update

It is the expectation of Plano ISD Food and Nutritional Services (FANS) for the vendor to update and activate their online platform with Plano ISD awarded items and pricing immediately upon award. This allows Plano ISD FANS to properly prepare order guides and menus in a timely manner.

Do you agree to update your online platform immediately upon award of this bid?

No, I do not agree. Yes, we will update our platform upon award.

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Federal Regulations - Certifications & Affidavits

Purchases using Federal Grant Funds (2 C.F.R. 200)

Required federal contract provisions of Federal Regulations for Contracts with Plano ISD under USDA for purchases in conjunction with the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Feeding Program.

The following provisions are required to be in place and agreed if the procurement is funded with federal funds.

Plano ISD is the subgrantee or subrecipient by definition.

The federal rule numbering or identification below is only for reference purpose on this form and does not identify an actual federal designation or location of the rule.