ESBD_403230_1742238655228_1_Part A 304T-25-380M2.1 Ice Cream Scheduled Deliveries.pdf

Solicitation No. 304T-25-380M2.1 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BID

Ice Cream Scheduled Deliveries

IFB No. 304T-25-380M2.1

NIGP CLASS-ITEMS

380-45

SCHEDULE OF EVENTS

ESBD Posting Date 3/17/2025 Questions Submission Deadline Date 3/21/2025 Response to Questions through Addendum Date, or as soon thereafter as practical 3/25/2025

RESPONSE DUE DATE 4/7/2025

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E – SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

MANUFACTURER’S PRICE LIST

DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.16 AND SECTION A.17 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION

A.5.3 PRICE ADJUSTMENT REQUESTS

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.2 SPECIFICATIONS

A.7.3 CONDITION OF PRODUCTS

A.7.4 QUANTITIES

A.7.5 WARRANTY AND REPLACEMENT

A.8 SHIPPING, PACKAGING, AND DELIVERY

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 PACKAGING AND LABELING

A.8.3 SPECIAL DELIVERY REQUIREMENTS

A.8.5 HOURS OF DELIVERY

A.8.6 DELIVERY SCHEDULE

A.8.7 DELIVERY DELAYS

A.8.8 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.3 REPORTING REQUIREMENTS

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 HUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

A.14.3 BEST VALUE

A.14.4 TIES

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

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A.15.4 SUBSTITUTIONS

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B - RESPONDENT INFORMATION

A.16.4 ATTACHMENT C - PREFERENCES

A.16.5 ATTACHMENT D – INSURANCE STATEMENT OF INTENT

A.16.6 MANDATORY PRICE SHEET

A.16.7 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.8 DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

A.16.9 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA The Texas Comptroller of Public Accounts, the state agency issuing this Solicitation.

Customer State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

ESBD The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd

FDA Food and Drug Administration

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

Party or Parties Either CPA or Respondent, separately or collectively.

Respondent Any person who submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Solicitation This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for scheduled deliveries for ice cream products.

A Major Customer for these items is the Texas Parks and Wildlife Department (TPWD).

http://www.txsmartbuy.com/esbd

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A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on November 30, 2025.

1st Renewal Option: December 1, 2025, through November 30, 2026 2nd Renewal Option: December 1, 2026, through November 30, 2027 3rd Renewal Option:

4th Renewal Option:

December 1, 2027, through November 30, 2028 December 1, 2028, up to one (1) additional year

CPA may unilaterally renew the Contract.

A.4 PRICING

A.4.1 Pricing Structure – Firm Price with Escalation

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

Unit prices must include all Contract requirements. Shipping shall be FOB destination; therefore, unit prices must include statewide delivery (all shipping, handling, and delivery fees and fuel surcharges).

A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that becomes available. Contractor shall notify CPA of price decreases or discount increases by email to:

spd.cmo@cpa.texas.gov.

A.5.2 Price Adjustment Calculation

This Contract provides for price increases only in connection with increases in manufacturer list pricing. To be eligible for a contractual price increase on any item, Respondent must submit an acceptable manufacturer’s price list that includes the item. The list must be current as of the submission date of the bid and price increase request. The list must be in a form recognized in the applicable industry; a price list prepared for purposes of this Solicitation is not acceptable. The list must include an effective date or other verification that it is current. CPA must be able to verify the list using an external or third-party source, such as reviewing the manufacturer’s website or corresponding with the manufacturer’s representative. CPA may reject a price list in its sole discretion. CPA may disqualify any Response that does not include a manufacturer’s price list.

If the Respondent is unable to provide an acceptable manufacturer’s price list, Respondent may request CPA to consider an appliable PPI or other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable.

Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, and (3) certified as complete and accurate by the Respondent, under penalty of perjury.

mailto:spd.cmo@cpa.texas.gov

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Ineligibility for Price Increases. If Respondent fails to provide an acceptable manufacturer’s price list, applicable PPI, or acceptable alternate cost documentation related to a particular item, CPA may award a Contract at a firm, fixed price for those items. Respondent will not be eligible for any price increases for the duration of the Contract, including all renewal and extension periods.

For a price adjustment request, after the initial contract term, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Price ÷ Original Mfg. Price) x New Mfg. Price, where:

(1) “Original Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Mfg. Price” is the price reflected on the manufacturer’s price list submitted with the response or alternate cost documentation accepted by CPA in accordance with Section A.5.2 above;

(3) “New Mfg. Price” is the price reflected in the manufacturer’s price documentation or alternate cost documentation submitted by Contractor in support of its price adjustment request that CPA in its sole discretion determines is acceptable.

A.5.3 Price Adjustment Requests

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the Contract, price adjustments may be requested based upon the formula in Section A.5.2.

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the contract, price adjustments may be requested based upon changes in an approved manufacturer’s price list. Any request that does not include an approved manufacturer’s price list or alternate cost documentation will not be considered. As stated above, if no manufacturer’s price list or alternate cost documentation was accepted by CPA before Contract award, price increases are not permitted under normal conditions.

CPA may accept, reject, or negotiate price adjustments. The Contractor will receive written notification from Statewide Contract Management (SCM) documenting action taken, including effective dates, when appropriate.

If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the Contract price in effect when issued.

Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov.

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A.5.4 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract and any renewal periods the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See Section A.16.7. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

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Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate

Commercial General Liability (Occurrence based) Required types of coverage: Blanket, Broad Form Property Damage, Premises and Operations Hazards, Products and Completed Operations Hazards, Independent Contractor’s, and Contractual Liability

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability

Automobile Liability All Owned, Hired and Non-Owned Vehicles (Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

$500,000 Combined Single Limit (for each accident)

Workers’ Compensation (Required if the Contractor has one or more employees)

Statutory Limits

Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Umbrella or Excess Liability

$1,000,000 of additional coverage (either Umbrella or Excess Liability) for all liability policies required for this Contract (excluding Workers’ Compensation insurance)

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

All required insurance policies must be issued from a company or companies with a Financial Strength Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to CPA. Except as specified below, all insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

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(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this Contract or any purchase order.

Prior to Contract award, Contractor must submit acceptable current certificate(s) of insurance to CPA.

Contractor must maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR.

Contractor must obtain CPA’s prior approval of an SIR in excess of $10,000, and provide any documentation requested by SPD.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy; and

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Referenced Brand Example

Catalogs, brand names, or manufacturer’s references are descriptive only and indicate type and quality desired. Responses on brands of like nature and quality will be considered. Response must include manufacturer, brand, or trade name and product number on the Mandatory Price Sheet. Respondent should provide complete descriptive information of product(s) offered.

A.7.2 Specifications

Reference Attachment F – Requirements and Specifications.

Reference the Mandatory Price Sheet for line items.

Reference Exhibit 1 for expected delivery locations and frequencies.

Products that require “chocolate flavoring” may contain either artificial chocolate flavoring or cocoa.

However, any items that contain chocolate flavoring derived from natural cocoa must be processed with alkali (i.e., Dutch-Processed), as to reduce the acidity and bitterness of the chocolate.

All items must satisfy applicable U.S. Food and Drug Administration (USFDA) standards outlined in the Code of Federal Regulations.

CFR Title 21, Chapter I, Subchapter B, Part 135, Subpart B, §135.110 Ice cream and frozen custard https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=4621200e2f840b2457421738fdb1b788&mc=true&n=sp21.2.135.b&r=SUBPART&ty=HTML#se21.2.135_1110

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A.7.3 Condition of Products

Proposed and delivered products must be new, in current production, and in first class condition, including packaging and containers suitable for shipment and storage, unless otherwise specified in the solicitation. Remanufactured, reconditioned, or discontinued products are not acceptable.

A.7.4 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed. Quantities indicated for each item in the Mandatory Price Sheet are estimates only and are based upon previous usage for a four-year period, if available, along with other data. These items are new products, and estimated quantities are not known.

Estimates should not be construed as a minimum or a maximum quantity that Customers may order.

Locations may be added or removed based on Customer needs. Scheduled deliveries and quantities may change based on the time of year and operations.

A.7.5 Warranty and Replacement

a. Contractor shall replace defective products during the initial Contract term and any exercised renewals.

b. The replacements must be processed and received by the Customer within two weeks of written notice of the defects to the Contractor.

c. Contractor will provide replacements free of charge, including any shipping necessary to return the product when necessary.

d. In lieu of replacement, Contractor will refund the full purchase price of the product, upon customer request.

A.8 SHIPPING, PACKAGING, AND DELIVERY

A.8.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

A.8.2 Packaging and Labeling

All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

Bar codes must be included on each individual item and each case for receiving purposes. Must be code 39 barcode, types UPC-A or UPC-E.

A.8.3 Special Delivery Requirements

Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

Additionally, Contractor shall adhere to the following:

a. Products carrying expiration dates must be delivered within a time frame that will allow for normal usage.

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b. All items must be packaged according to US FDA and industry standards to assure the safety and wholesomeness of the products.

c. All items must be fresh and delivered in clean, sealed containers and clearly marked as to the contents and placed as designated by the Customer.

d. All products shall be maintained at their proper temperature throughout their staging, loading, transport and delivery.

e. Contractor must have the capability to provide direct store deliveries to all facilities.

f. Each location must be serviced with sufficient deliveries per week, or as requested, to ensure adequate inventory for resale.

g. Customers reserve the right to adjust delivery frequency based upon demand.

h. Contractor must have the capability to provide invoices and generate credits at time of delivery.

A.8.4 Special Delivery Requirements

Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

Texas Department of Criminal Justice Security: If making deliveries to Texas Department of Criminal Justice (TDCJ) correctional facilities, Contractor’s compliance with TDCJ security procedures is required. This includes deliveries to all TDCJ units and warehouses, owned, leased or contracted premises.

A.8.5 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.6 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Failure to state delivery time may disqualify the Response.

A.8.7 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.8.8 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s FOB destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense.

CPA and the Customer may exercise contractual remedies in connection with late delivery.

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A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

Purchase orders dated during the term of the Contract must be honored even if received, by the Contractor, after the Contract expiration date. Contractors may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.10.2 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and Customer purchase order number.

A.10.3 Reporting Requirements

By the 10th day of every calendar month, Contractor must report the past month’s sales under the Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by CPA.CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.10.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

mailto:tcmo.reporting@cpa.texas.gov

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A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.11.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.11.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.11.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.16 and A.17.

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Primary Point of Contact - CPA Contract Specialist Kayla Dugue, CTCD, CTCM 512-936-5182 Email: Kayla.Dugue@cpa.texas.gov

Secondary Point of Contact Statewide Contract Development (SCD) Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide Contract Management at spd.cmo@cpa.texas.gov.

A.11.5 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A - Special Instructions (this document)

2. Part B - General Instructions and Contract Terms and Conditions

3. Attachment A – Execution of Response (with authorized signature)

Attachment B – Respondent Information Attachment C – Preferences Attachment D – Insurance Statement of Intent Attachment E – Self Insured Retention Certification

4. Attachment F – Requirements and Specifications

5. Exhibit 1 – Expected Delivery Locations and Frequencies

6. Mandatory Price Sheet

A.12 HUB SUBCONTRACTING PLAN

CPA has reviewed this solicitation and determined there are no probable subcontracting opportunities.

Therefore, a HUB Subcontracting Plan (HSP) is not required for this solicitation unless a Respondent will use subcontractors. If a Respondent will subcontract any portion of this Contract, the Respondent must submit a completed HSP located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php with its Response.

A.13 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested Parties at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm; (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for Respondent’s failure to comply with this requirement.

mailto:Kayla.Dugue@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov mailto:spd.cmo@cpa.texas.gov https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcomptroller.texas.gov%2Fpurchasing%2Fvendor%2Fhub%2Fforms.php&data=02%7C01%7C%7C23cca4c0388b4d3dc43108d62fb470c8%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C636748849367763372&sdata=1W%2BS%2BvP6a01dQHgFV9YBwPv87%2B%2B%2Bs3AyHsIOuKiV618%3D&reserved=0 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm;

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A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A), or to return a required HUB subcontracting plan, will result in disqualification.

A.14.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the Contract. The Respondent bears the burden of establishing:

• ability, capacity, and skill to perform the contract or provide the service required;

• ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

• character, responsibility, and integrity;

• current compliance with laws relating to the contract or service;

• sufficient financial resources to perform the contract and provide the service; and

• conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

• A score of less than a C in the Vendor Performance Tracking System;

• Currently under a corrective action plan for a CPA contract;

• Repeated negative Vendor Performance Reports for the same stated reason;

• A record of repeated non-responsiveness to vendor performance issues; and

• Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.com/vpts

Vendor Performance may also be used to determine a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

http://www.txsmartbuy.com/vpts

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A.14.3 Best Value

CPA will determine best value for the state as directed by Texas Government Code § 2155.074. CPA will consider compliance with specifications, purchase price, risk of vendor non-performance as described in A.14.2 above, and may include the following factors:

Responses offering delivery times exceeding the required number of days ARO will be considered for award only if, in the discretion of CPA, there is no acceptable offer within the competitive ARO range and a bid with a longer delivery time provides best value to the state of Texas. Respondents are strongly encouraged to meet the required delivery ARO.

A.14.4 Ties

CPA may break a tie by applying preferences under state law that were claimed in the Response. If no preference applies, CPA may award tied items to a randomly selected qualified Respondent.

A.15 AWARDS

A.15.1 Award Approach

CPA intends to make an award to the vendor providing the best value to the state for each line item.

A.15.2 Non-award

CPA may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

A.15.3 Award Notice

If the Solicitation is awarded, CPA will issue a Notice of Award to the successful Respondents. The Notice of Award will be transmitted via email to the Authorized Respondent Representative.

A.15.4 Substitutions

The Contractor shall not substitute a contract item or brand without prior written approval from Statewide Contract Management.

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 Confidential/Proprietary Information

If any material in the Response is confidential or proprietary, Respondent must clearly mark those pages as “confidential” in bold type. Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas Public Information Act. A blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not sufficient and may make the entire Response subject to release under the Act. Any information not clearly identified as confidential may be disclosed.

See also Section B.2.4 of Part B of this Solicitation for additional terms and conditions related to the Public Information Act.

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A.16.2 Attachment A - Execution of Response

Respondent must complete, sign, and submit the Execution of Response – Attachment A. Failure to complete, sign, and submit this form will disqualify the Response.

A.16.3 Attachment B - Respondent Information

Respondent must provide all requested information on Attachment B and submit the form with Response.

A.16.4 Attachment C - Preferences

Respondents should review this attachment and complete it. CPA will apply preferences as required by law.

A.16.5 Attachment D – Insurance Statement of Intent

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.6.

A.16.6 Mandatory Price Sheet

Respondent must complete the Mandatory Price Sheet and return with Response in the format requested. CPA will disqualify Responses received without the Mandatory Price Sheet.

Respondent must use the latest version of the specific price sheet for this Solicitation. Respondent must not manipulate or modify the price sheet, other than by entering the requested information in the provided spaces. If Respondent represents multiple brands or has multiple qualifying models with different pricing, Respondent may submit multiple bids for a single line item by submitting multiple Mandatory Price Sheets.

Reference Exhibit 1 for expected delivery locations and frequencies.

A.16.7 Negotiations, Assumptions, and Exceptions

The inclusion of assumptions in a Response may render it nonresponsive. No assumptions should be included in a Response. Instead, Respondent should seek to clarify a section of the Solicitation as needed through the question-and-answer process in Section A.11.3.

CPA is statutorily prohibited from negotiating IFB terms or conditions under most circumstances.

Accordingly, CPA must disqualify any Response with exceptions or assumptions under most circumstances. CPA must disqualify any Response that includes exceptions that materially change the specifications. Instead of including exceptions, Respondent should request any desired modifications to the solicitation through the question-and-answer process in Section A.11.3. CPA, as a state agency, is prevented by the Texas Constitution from indemnifying vendors. The Respondent should not request CPA or Customers to indemnify it.

On company letterhead or in a Microsoft Excel® spreadsheet, the Respondent must clearly identify each exception taken, noting the specific Solicitation section number, section title, detailed description of exception taken, and Respondent’s proposed alternate language using the following format:

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Section Section Title Exception Proposed Language

CPA may reject an incomplete exception without consideration. If there are no exceptions, the Response should explicitly state that the Respondent takes no exceptions.

A.16.8 Descriptive Literature for Products Offered

Reference Section A.7 – Requirements and Specifications

Respondent must indicate manufacturer, brand or trade name and product number on the Mandatory Price Sheet and should provide with its Response complete descriptive information for each product offered, to include product labels and pictures.

A.16.9 Signed Addenda to Solicitation

Respondent shall submit signed copies of all Solicitation addenda, if any, with its Response.

A.17 SUBMITTING THE RESPONSE TO CPA

The Response must clearly state the Response Due Date and Time identified on the Cover Page, Schedule of Events, and be titled: Response Submitted for IFB 304T-25-380M2.1 Ice Cream Scheduled Deliveries.

A.17.1 Electronic Submission (Preferred)

Use the following email address to submit a Response electronically:

SPD.ebids@cpa.texas.gov

The email subject line should contain the Solicitation number and title as indicated on the cover page.

The Respondent is solely responsible for ensuring that its Response is received by CPA before the deadline at the proper destination server. It is recommended that Respondent begin the process well in advance of 1:30 p.m. on the due date.

CPA recommends a limit of 10 MB of attachments per email. To meet this limit, a Response may be split into multiple emails. In addition, please be aware that your internet service provider may limit the size of attachments to outgoing emails.

All documents should be submitted in Microsoft Office® formats (Word® and Excel®) or in a form that may be read by Microsoft Office® software. Respondent must submit the price sheet electronically in its original format even if Respondent submits a hard copy of its Response.

Any documents with signatures shall be submitted as an Adobe® portable document format (pdf) file. Responses in other formats may be disqualified.

CPA takes no responsibility for electronic Responses that are captured, blocked, filtered, quarantined or otherwise prevented from reaching the proper destination server by any anti-virus or other security software. To confirm receipt of electronic submissions, contact 512-463-3034, option 1, or request a confirmation by email.

mailto:TPASS.ebids@cpa.texas.gov

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Encrypted documents or links to documents on an external server are not allowed without prior written approval from CPA.

A.17.2 Hard Copy Submission

In lieu of electronic submission, CPA currently accepts hard copy Responses. Respondent must submit one original signed paper copy; however, the Mandatory Price Sheet should be submitted in the electronic format requested.

CPA will document receipt of hard copy Responses with a time stamp.

Submit Responses by Overnight/Express Mail (8:15 a.m. - 4:45 p.m.) to:

Attn: Statewide Procurement Statewide Contract Development Room 174-A (CPA Mailroom, N.E. Back Dock) 1711 San Jacinto Blvd.

Austin, TX 78701