ESBD_405632_1743175426686_A. RFP #2417SM PRODUCE.pdf

RFP #2417SM PRODUCE

Issued by:

SARA MYERS

Email: SaraEMyers@katyisd.org

Katy ISD Purchasing Department URL: https://www.katyisd.org/dept/purchasing

Phone: (281) 396-6260

Submittal Deadline

Date: May 1, 2025, 2:00 p.m. (CST) https://www.katyisd.org/dept/purchasing

TABLE OF CONTENTS

Items below represent components which comprise this RFP package. Respondents are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, please notify Sara Myers immediately.

Part Page

1.0 Notice of Intention

2.0 Request for Proposals (RFP) Requirements

3.0 Special Terms and Conditions

4.0 Scope & Specifications

5.0 Evaluation & Award of RFP

6.0 Pricing/Delivery Information

7.0 Attachments

1.0 Notice of Intention

It is the intention of Katy ISD to solicit responses to this Request for Proposal (RFP) for 2417SM PRODUCE. Katy Independent School District (Katy ISD) is utilizing the Request for Proposals (RFP) method for the procurement of this service in accordance with Texas Education Code § 44.031 (a)(3). For information regarding the RFP process, please contact the Purchasing Department at (281) 396-6260.

The term of this contract will be for Four (4) years. The first year of contract shall be from May 22, 2025, through May 22, 2026, with the option to renew annually for up to an additional three (3) years, provided any subsequent renewal is agreed to in writing by both parties.

Interested vendors should respond to this RFP and submit responses to Katy ISD for consideration

2.0 Request for Proposals (RFP) Requirements

Please read this entire RFP document and specifications carefully. Respondent must complete all forms and submit their bid with all appropriate attachments.

2.1 Request for Proposals (RFP) Documents

It is the responsibility of the vendor submitting a response to make certain that the Katy ISD Bonfire System has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda, or other critical information.

2.2 Tentative Timetable

Katy ISD anticipates following the timetable listed below for this solicitation:

Item Activity Date & Time (all times listed as CST)

1 Solicitation starts to advertise (1st run) March 30, 2025

2 Solicitation advertised (2nd run) April 6, 2025

3 Pre-Proposal Conference NA

4 Deadline for Questions April 15, 2025 5 Deadline for submission of responses Thursday May 1, 2025 at 2:00 PM (CST) 6 Demonstrations / Interviews NA

7 Anticipated Board Meeting Approval NA

The table above is only an estimate and may vary.

2.3 Requirements for Responses

a) Respondents must submit solicitations by Thursday May 1, 2025 at 2PM (CST). Please refer to the “Instructions to Vendors” section to ensure that you submit all required information in the Katy ISD Bonfire System.

b) Katy ISD does not accept responses after the due date and time.

2.4 Rights Reserved by Katy ISD and Restrictions on RFP Process

a) Katy ISD reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

b) Katy ISD further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with Katy ISD. Katy ISD may make multiple awards, and this fact should be taken into consideration by each vendor.

c) Katy ISD assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a response, any amendments, or addenda; participating in bid conferences, negotiation sessions, or discussions; or any other costs incurred by vendors prior to award of a contract pursuant to this RFP.

d) Katy ISD reserves the right to reject any and/or all responses, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of the School District. Katy ISD further reserves the right to accept, reject, or negotiate modifications in any terms of a proposed vendor’s response or any parts thereof. Katy ISD further reserves the right to waive any formalities or technicalities if deemed in the best interest of the School District.

e) Katy ISD reserves the right to be the sole judge of quality, make all decisions regarding this RFP, including, without limitation, the right to decide whether a Proposal substantially complies with the requirements of this RFP.

f) The District may elect to issue subsequent proposals and approve additional vendors for the same or similar items/services during the agreement period, if it is determined to be in the best interest of the District. Subsequent proposals will have the same proposal number followed by an alpha character (i.e., Proposal XXXX-A). Vendors that have responded successfully to the original or a subsequent proposal do not have to respond to other subsequent proposals.

2.5 Questions and Clarification

a) Questions regarding the requirements specified in this solicitation must be submitted within the Katy ISD Bonfire System.

b) Katy ISD will not answer verbal questions; any responses to a prospective vendor’s questions will be posted within the Katy ISD Bonfire System.

3.0 SPECIAL TERMS AND CONDITIONS

This portion of the RFP includes instructions on the format vendors must follow in preparing and submitting their responses. It further identifies how questions should be raised and will be addressed.

3.1 Compliance with Terms and Specifications

Vendors are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP. Any exceptions to the terms, conditions and/or specifications shall be conspicuously noted by the Vendor in writing on the provided deviations form and shall be included with the response. Each vendor, by submitting a response, represents that they have read and understand the RFP.

3.2 Required Response Format

Responses should be direct, concise, complete, and unambiguous. Please ensure that you respond to all documents and attachments in this RFP.

3.3 Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions, and understandings (whether orally or in writing). Submitted responses should be self-explanatory and should not require any clarification or additional information.

3.4 Submission Deadline

Proposals shall be received no later than the submittal day and time deadline in the Katy ISD Bonfire System.

No provisions or exceptions are made for late submissions due to the actions or consequences of the Vendor or a third- party. Any responses received after the submittal deadline date and time will be disqualified.

3.5 Submission Format

Katy ISD will accept bids and proposals submitted online via Katy ISD Bonfire System. Faxed or emailed proposals will not be accepted.

3.6 Vendor Information

The Vendor is responsible for ensuring that Katy ISD has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information.

3.7 Addendum

Any interpretations, corrections, additions, or changes to this RFP will be communicated to vendors by the issuance of an addendum. All vendors shall comply with the requirements specified in any addendum issued by Katy ISD. It is the responsibility of the Vendor, prior to submitting their response, to determine whether an addendum was issued.

3.8 Disqualification

A Vendor may be disqualified before or after the responses are unsealed, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage. Additionally, responses submitted without all specified required components may not be considered and may be disqualified.

3.9 District Locations

School District locations may be added or removed based on District need as determined Katy ISD during the contract period. A list of the current campus/facility addresses may be found at https://www.katyisd.org/

3.10 No Return of Responses; Withdrawal of Responses

Once submitted, Katy ISD will not return responses to vendors. A Vendor may withdraw their response that has been submitted in the Katy ISD Bonfire System prior to the submittal deadline.

3.11 Open Records Policy

CONFIDENTIAL INFORMATION: If a Respondent submits any information considered to be proprietary, trade secret, or otherwise confidential, the Respondent must identify all such information in the bid by clearly marking each page containing confidential information with the words “Confidential Information.” If the Respondent fails to identify confidential information as set forth in this paragraph, it agrees that by submission of its response that the entirety of the response shall be deemed non-confidential and non-proprietary and shall be made available to the public upon request. All responses and parts of responses which are not marked as confidential will automatically be considered public information after the contract is awarded.

Respondents should consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other confidential or proprietary information before submitting a response. Katy ISD assumes no liability or responsibility for release of any information not properly identified and documented as confidential pursuant to the requirements set forth herein.

In the event Katy ISD receives a request for portions of a response marked as “Confidential Information” as specified above, Katy ISD shall forward such request to the Office of the Texas Attorney General for an opinion on whether such information may be withheld from disclosure under the Texas Public Information Act. Katy ISD will notify Respondent whose response is the subject of the request when the information is forwarded to the office of the Attorney General. Katy ISD assumes no obligation for asserting legal arguments on behalf of Respondent. Respondents are advised that Katy ISD is obligated to comply with the decision of the Attorney General, including any such decision calling for the release of information marked as “Confidential Information” by a Respondent.

3.12 Responsible Vendor

A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein.

3.13 Responsive Submissions

Submissions shall be deemed responsive if it meets or exceeds the provisions of the bid solicitation, including specifications and/or scope of work.

3.14 Demos/Interviews

Katy ISD reserves the right to create a short list of vendors based on factors listed in the evaluation criteria.

Interviews may be scheduled with short listed vendors. Should the evaluation committee decide to interview or conduct demos the date, time and location.

3.15 Environmental Initiatives

Katy ISD is committed to reducing waste and promoting energy conservation. Toward that end, vendors responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

3.16 Similar Products

Whenever an article or material is defined by Katy ISD in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency (as applicable).

3.17 Buy American Provisions

Schools and institutions participating in the National School Lunch Program and the School Breakfast Program are required by law to use Child Nutrition Program funds, to the maximum extent practicable, to buy domestic commodities or products for meals served under these programs. A “domestic commodity or product” is defined as one that is either produced in the United States or is processed in the United States substantially using agricultural commodities that are produced in the United States. The term “substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.

Therefore, when Child Nutrition Program funds are used to acquire foods, schools and institutions must ensure that the items are in compliance with this requirement. The awarded vendor is required to provide the Nutrition and Food Service department with a report with every delivery, twice a week, indicating which products sold to the District did and did not meet the Buy American requirement. For products purchased that did not meet the Buy American provision, the report must also include reasoning (i.e. cost prohibitive, etc.)

Required Certification from Offerors:

We require that suppliers certify the food product was processed in the U.S. and certify the percentage of U.S.

content, by weight or volume, in the food component of processed food products supplied to us. or We require bidders to certify that ___ (insert product name) ___ was processed in the U.S. and contains over ____ (insert % of weight or volume) of its agricultural food component from the U.S. The awarded vendor is requested to complete the included google spreadsheet (name), for each delivery.

The contractor must provide documentation that demonstrates that food products meet the Buy American Provision.

The contractor must notify CEs if a delivery contains non-domestic products, so the CE can approve delivery as an exception to the Buy American provision.

3.18 Small And Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms Katy ISD encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these entities must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to prequalify any subcontractors offered as HUB, MWBE and SBE participants. The Vendor shall indicate on their submitted proposals whether or not they are a HUB, MWBE, or SBE vendor and with whom they are certified, e.g., State, City, Federal. (2 CFR Part 200.321)

Equal Employment Opportunity – the successful vendor shall be in compliance with Executive Order 11246, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 and as supplemented in Department of Labor regulation (41CFR Part 60).

4.0 – SCOPE & SPECIFICATIONS

4.1 Request for Proposals Defined

The intention of this Request for Proposals (RFP) is to solicit responses for PRODUCE. Katy ISD is utilizing the Request for Proposals (RFP) method for the procurement of this service in accordance with Texas Education Code Section 44.031 Purchasing of Contracts, Subsection (a)(3) Request for Proposals. For information regarding the RFP process, contact the Purchasing Department at (281)396-6260.

Interested vendors should respond to this RFP and submit responses to Katy ISD.

4.2 Product Specifications

It is the intention of Katy ISD to establish a contract a with highly qualified Vendor to provide PRODUCE for our Food and Nutrition program to campuses and facilities. Vendor shall, at the request of Katy ISD, provide these products and/or covered services under the terms of this RFP.

Complete list is included in Bonfire

ORDERING SPECIFICATIONS

• Web-based online ordering system - available from all eighty (80) kitchen locations is required.

• Substitutions - vendors shall contact the food service central office staff for approval of any substitutions prior to delivery. Substituted products shall be of the same, or higher quality, and the price shall be equal to the price for the specified item(s).

• Shortages - vendor will notify Katy ISD one (1) day prior to delivery of any backorder or shortage of items.

Any items that the vendor fails to deliver on the designated, scheduled delivery date must be reshipped by 10:00 a.m. the following day.

• Farm to School Produce- must be picked up at the Texas Department of Agriculture's designated commodity warehouse when available and stored until the delivery date to the district schools.

• Labels for processed items - should state the name of product, list of ingredients, nutrition information, weight, production date, and "Use By" date. Online nutrient analysis for all processed items preferred.

• Produce Quality- all items are to be packed in accordance with U.S. #1 grade standards.

• Recalled products – if instituted and product has been delivered, the awarded vendor will notify Katy ISD staff both verbally and in writing within twenty-four (24) hours with all pertinent information regarding the recall.

• A company representative shall be designated by the awarded vendor to coordinate the program, be responsible for all products ordered, and communicate directly with Katy ISD regarding deliveries, services, and products.

DELIVERY SPECIFICATIONS

● Delivery frequency – twice week deliveries are to be made to all eighty (80) district locations as agreed.

Delivery day(s) shall be mutually determined by Katy ISD and vendor.

● Delivery time – deliveries to the kitchen locations are to be made between the hours of 12:00 a.m. and

2:00 p.m. as per school schedule according to mutually agreed delivery schedule. Key drop delivery routes are required in order to prevent traffic concerns at school sites and avoid late delivery of product.

Supplier(s) may be subject to charges for employee overtime when deliveries are made before or after regularly scheduled work hours.

● Inside delivery – all products shall be delivered inside the kitchen door, and/or walk-in cooler as designated by the food service manager or alternate. When key drop deliveries take place, all storage areas must be unlocked by driver and re-locked prior to driver departure.

● Delivery vehicles – all fresh fruit and vegetables must be delivered at the appropriate temperature in clean, enclosed trucks according to HACCP guidelines.

● Drivers – shall present a neat and clean appearance, be in uniform, show picture ID, and make deliveries in an efficient and courteous manner. Drivers are responsible for safe keeping of door access cards to enter buildings when staff is not on site.

● Notification of Delivery Schedule – online web-based transportation routing information to locate delivery truck preferred. If not available, direct notification to the food service designee.

● Sanitation/Safety – all products will be fresh, clean and wholesome upon delivery, and will be packaged, handled, and transported in an acceptable manner. All temperature and sanitation procedures must meet HACCP guidelines at all times during the delivery process.

o If the delivered product is determined to be unacceptable, the food service manager has the right to refuse the product. The product may be picked up and a credit issued or a replacement be provided in a timely manner.

o Damaged, defective or partially frozen products will be either returned during the unloading process or reported on a Katy ISD product complaint form to the company representative.

Monetary credit will be expected on any reported damaged item.

• Key drop delivery drivers must take temperatures of product prior to delivery and document on provided log to maintain appropriate food safety practices.

o Product delivery shall be in original sealed containers. Containers shall be of a quality that will not leak under normal handling and storage conditions.

o Deliveries must be received in dry and unbroken packages. No repacked or resealed cases will be accepted.

o Any product lost due to inferior packaging shall be picked up and replaced by the awarded full service distributor at no cost to the District.

• License - vendors submitting a proposal shall include a copy of all HACCP related certificates with the proposal. Vendors must also include copies of the Food Wholesaler License and the Texas Department of Agriculture License for Handling and Marketing of Perishable Commodities.

INVOICING AND PRICING SPECIFICATIONS

• Fixed Fee Schedule - for the delivery and handling of produce to be purchased by the eighty (80) district kitchens. All fees are to be fixed for the entire term of the proposal.

• Firm Pricing - firm pricing is requested for twelve (12) produce items (# 1-1 through #1-12 on the bid table) and thirty-four (34) processed items (#2-1 through #2-34 on the bid table). Additional items requested will be purchased under a weekly price quote structure using a Fee Schedule.

• Invoice – distributor shall issue at least one (1) copy of the invoice which includes unit, unit price and extensions. Invoice must be signed by a designated food service manager or alternate.

• Online invoice – web-based viewing of the weekly invoices from the food service central office to check prices and quantities delivered for each kitchen location is preferred.

• Direct payments – ability of vendor to accept EFT direct payment transfers preferred.

• Prompt payment – clearly state any discount terms for prompt payment of all weekly invoices, if available, and submit with the attached Fee Schedule.

• Discounts, rebates, allowances and incentives – must be fully disclosed and paid to the District in a timely manner.

DEFINITIONS AND REGULATIONS

• Processed items are defined as produce items that are processed and packaged separately.

• True Cost is defined as cost paid by supplier to wholesaler and includes FOB pricing plus freight. Additional costs of doing business shall not be included in True Cost. The District reserves the right to audit invoices to determine True Cost.

• Weekly Price Quotes will be True Cost plus the Fixed Delivery Fee

• Geographic Preference will be given to local, regional and Texas grown produce.

4.3 Scope of Work

The Katy Independent School District desires to contract with a vendor for PRODUCE purchases. The estimated annual expenditures are $2,870,000.00 The estimated expenditures and quantities are based on purchases made during the 2023-2024 school year. No guarantees as to actual quantities to be purchased are presumed in this proposal. Purchase orders will be prepared on an “as needed basis” throughout the year.

Katy ISD is scheduled to open one (2) new elementary schools in the fall of 2025. All contract terms must be applicable to these campuses as well as any additional schools or facilities during the term of the contract.

Katy ISD will participate in the DoD Fresh program with estimated allocation of $800,000.00

A list of the current campus/facility addresses is included in this proposal.

School calendars will be issued at the beginning of the school year. It will be the responsibility of the successful vendor to be aware of any changes in the school calendar which may alter deliveries.

Product description/unit, brands and additional information can be found in Bonfire, our E-Bidding website, as a downloadable excel sheet.

Contract Award:

This Proposal will be awarded on an "all or none" basis to a single vendor for All items in Basket 1-Produce and Basket 2_Processed Items.

4.4 No Guarantee of Quantities

Katy ISD makes no guarantee or commitment of any kind concerning quantities that will actually be purchased under this RFP and the resulting contract, if any. Katy ISD makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this RFP.

4.5 IRS Form W-9

All vendors doing business with Katy ISD must have an IRS Form W-9 Request for Taxpayer Identification Number and Certification on file with Katy ISD.

4.6 Certificate of Interested Parties – FORM 1295

For any contracts requiring Board action, that are valued at $1 million or more, or a contract for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code, the District will require the awarded Vendor to submit the Disclosure of Interested Parties Form 1295 from the Texas Ethics Commission and then certify to Katy ISD that the disclosure has been filed.

Certain contracts, including contracts with a public traded business entity, including a wholly owned subsidiary of the business entity, are exempt from this requirement. Texas Ethics Commission Rules 46.1(c) references other types of contracts not requiring the filing of a Form 1295.

4.7 VENDOR CERTIFICATIONS

The Vendor Certifications addendum includes certifications and provisions that are required and apply when Katy ISD expends federal, state, and local funds for any contract resulting from this procurement process including, but not limited to, APPENDIX II TO 2 CFR PART 200 - CONTRACT PROVISIONS FOR NON-FEDERAL

ENTITY CONTRACTS UNDER FEDERAL AWARDS.

Vendor must certify its willingness and ability to comply with each provision, law, act, regulation, etc. as specifically noted, by having its authorized representative initial the applicable boxes and sign the acknowledgment at the end of the addendum.

4.8 Insurance Requirements

When applicable, Vendor shall maintain liability insurance, including non-owned automobile liability, Workmen’s Compensation, and employer’s liability insurance as well adequately protect Katy ISD against such damage, liabilities, claims, losses and expenses (including attorneys’ fees). Vendor agrees to submit certificates of insurance evidencing its insurance coverage when requested by Katy ISD.

See Table Below for Insurance Requirements

Katy Independent School District Insurance Requirements for Independent Contractors

Policy Type

Individual Presenters

Company Consultants

Rentals - In- District

Construction, Installation, Renovation, Building Modifications, Service, Maintenance or Repair

Projects

Charter Bus Service Private Lesson

Tutors Individual

Consultants

As determined by contract

Inflatable Bouncers

Carnival Rides

Small Projects Less than 4 Days and/or $10,000

Medium Projects $10,000 to < $25,000

Large Projects Equal to or

Greater than $25,000

Commercial General Liability

BI & PD Each Occurrence Not Required 1,000,000 1,000,000 300,000 1,000,000 1,000,000 1,000,000 BI & PD General

Aggregate Not Required 1,000,000 1,000,000 600,000 1,000,000 1,000,000 1,000,000

Products & Completed Operations

Not Required 1,000,000 1,000,000 600,000 1,000,000 1,000,000 1,000,000

Personal & Adv Injury Not Required 1,000,000 1,000,000 300,000 1,000,000 1,000,000 1,000,000 Sexual Assault and Molestation Not Required 1,000,000 1,000,000 300,000 1,000,000 1,000,000 1,000,000 Fire & Legal Liability Not Required 100,000 100,000 50,000 100,000 100,000 100,000 Medical Expenses Not Required 5,000 5,000 5,000 5,000 5,000 5,000

Commercial Auto Liability Not Required

Bodily Injury

Each Person Not Required 100,000 100,000 100,000 100,000 1,000,000 1,000,000

Bodily Injury

Each Accident Not Required 300,000 300,000 300,000 300,000 2,000,000 2,000,000

Property Damage

Each Occurrence

Not Required 100,000 100,000 100,000 100,000 $250,000 $250,000

Combined Single Limit Not Required 1,000,000 3,000,000

Umbrella Liability (Excess) Not Required Not Required Not required Not required

Over GL, Auto & Workers' Comp Not Required 1,000,000

One times the contract amount for contracts exceeding $1M up to $25M.

$1M minimum.

5,000,000

Workers' Compensation Not Required Required Required Required Required Required Required Employers Liability Not Required 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Do you accept accident policies & waivers in lieu of workers comp?

Not Required No No No No No No

Builders' Risk/Installation Floater Not Required N/A N/A N/A Full Insurable

Value of Project

Full Insurable Value of Project N/A

Owners' & Contractor's Protective Liability

Not Required N/A N/A N/A 1,000,000 1,000,000 N/A

Professional Errors & Omissions Liability for certified professionals

As Requested based on project.

As determined by contract N/A N/A N/A N/A N/A

Insurance Company "AM Best" Rating

A-VII A-VII A-VII A-VII A-VII A-VII

Cancellation Notice Not Required 30 Days 30 Days 30 Days 30 Days 30 Days 30 Days

Bonds

Bid Bond N/A N/A N/A If Requested If Requested If Requested N/A Payment Bond N/A N/A N/A N/A 100% 100% N/A Performance Bond N/A N/A N/A N/A 100% 100% N/A

Other Bodily Injury & Property Damage Injury Releases Yes

5.0 – EVALUATION AND AWARD OF RFP

In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the responsible vendor(s) whose response(s) is/are determined, after evaluation by a committee of Katy ISD administrators and educators, to be the best value for the District. To qualify for evaluation, a response must have been submitted on time and must materially satisfy all mandatory requirements identified in this RFP solicitation.

5.1 Evaluation Criteria

A committee selected by the Katy ISD Purchasing Department will review and evaluate all responses and make a recommendation for contract award. This recommendation will be based on the following factors, in accordance with Texas Education Code § 44.031:

Evaluation Criteria Point System

Purchase price Offer a fair reasonable price for items or services to be procured by Katy ISD.

Reputation of the Vendor and of the Vendor’s goods or services Vendor should have a solid reputation with other ISD’s, Government or Collegiate entities that show a high level of customer service, a high level of quality of good or services.

Quality of the vendor’s goods or services

Extent to which the goods or services meet the district’s needs

Vendor’s past relationship with the district or similar size district.

If no experience with the District, then with an entity of similar size and scope.

Long-term cost to the district to acquire the Vendor’s goods or services

Whether the Vendor’s Principal place of business is in the state of Texas, or employs 500 people in this state.

The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses;

Extent to which the Vendor agrees to and/or deviates from Katy ISD’s Solicitation Information and Instructions, Standard Terms and Conditions and Special Terms and Conditions

Any other relevant factor specifically listed in the solicitation.

TOTAL

points

5.2 Formation of Contract

A response to this solicitation is an offer to contract with Katy ISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/response does not become a contract unless and until it is accepted, evaluated, and awarded by Katy ISD, including Katy ISD Board of Trustees approval, when required.

5.3 Non-Exclusive Contract

Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of Katy ISD. Katy ISD is free to have multiple contracts for the awarded goods and services and may initiate other procurement solicitations or purchasing activity with other vendors at any time, in Katy ISD’s sole discretion.

5.4 Awards

Awards will be made to the successful vendor(s) for the total line of products and services submitted. Awards will be based on the criteria set forth within this document. Katy ISD reserves the right to award contracts to multiple vendors if these vendors offer items that are unique and have value to Katy ISD. Katy ISD shall comply with the Texas Public Information Act in the event Katy ISD receives an open records request for information relating to responses submitted in response to this RFP.

5.5 Purchase Orders

Purchase orders will be issued on an as-needed basis. The district will not be responsible for any products and/or services rendered without a Katy ISD purchase order signed electronically by authorized District personnel and/or proper authorization by the district’s purchasing Department. Requests for items will originate at each campus or department and the subsequent purchase order will be processed only by the Katy ISD Purchasing Department.

Please note that items and/or services are not to be delivered/provided to Katy ISD without an approved purchase order. If your company provides an item and/or service without a properly drawn Katy ISD purchase order, you are not guaranteed payment and the item/or service you provided could be constituted as a donation.

5.6 Invoices

Invoices shall show the Katy ISD purchase order number, copy of signed delivery ticket, and bid name, and shall be emailed directly to AP@KatyISD.org.

5.7 Inspection & Acceptance

Awarded vendor(s) shall deliver the goods or services procured on this contract to the Katy ISD Department issuing a Purchase Order. If delivery is not or cannot be made within proper time period, the awarded vendor must receive authorization from the issuing Katy ISD Department for the delayed delivery. If defective or incorrect goods are delivered, Katy ISD may make the determination, in its sole discretion, to return the goods to the vendor at no cost to Katy ISD. The vendor agrees to pay all shipping and handling costs for any such return shipment. The vendor also shall be responsible for arranging the return of the defective or incorrect goods.

5.8 Payment Terms

Payment will be made upon receipt and acceptance by Katy ISD of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Government Code VTCA.

As required by law, the awarded contractor is required to pay subcontractors within ten (10) days from the receipt of this payment.

5.9 E-Payables Solution

Katy ISD has implemented an E-Payables solution. All vendors and contractors doing business with Katy ISD will be offered the option of accepting payments through the District’s E-Payables VISA account. This payment will be transmitted electronically to the vendor on or before the due date, and receipt of funds will be as per the terms of the merchant’s VISA agreement. Payment terms, unless negotiated with the District, will remain the same. Vendors and contractors may negotiate, and the District will consider earlier payment terms if such terms are advantageous to Katy ISD.

mailto:AP@KatyISD.org

6.0 – PRICING / DELIVERY INFORMATION

6.1 Pricing

Vendors must provide pricing in the Katy ISD Bonfire System (including any additional pricing examples and pricing discount schedules) that need to be submitted to provide Katy ISD with a comprehensive catalog.

Catalog/price lists must be included in the Vendor’s proposal.

6.2 Tax Exemption

Katy ISD is exempt by law from the payment of Texas and Local Sales Tax and Federal Excise Tax. Responses should not include any such taxes.

6.3 Percentage Discount

If applicable, respondents should provide a discount off shelf, catalog, price list and/or website. The actual cost to Katy ISD will be the price less the percent discount quoted by the vendor in this proposal. Completing the Discount Section – If offering current shelf, catalog, list, or website pricing only, with no additional discounts, so indicate on the Discount Section of the proposal form in the ‘PERCENTAGE DISCOUNT’ column with 0% as the discount to be taken from the purchase total. The discounts requested will be a percentage off (-) current shelf, catalog, website and/or published price list(s).

6.4 Firm Pricing

Firm pricing is requested for the first (1) term of the contract. Firm Pricing is requested for twelve (12) produce items (# 1-1 through #1-12 on the bid table) and thirty-four (34) processed items (#2-1 through #2- 34 on the bid table). Additional items requested will be purchased under a weekly price quote structure using a Fee Schedule. Notice of any changes thereafter must be submitted in writing to Nutrition and Food Service Department and the Director of Purchasing, at least thirty (30) days prior to the effective date of the increase. Invoices with price changes that did not receive prior approval from the Nutrition and Food Service Department and Purchasing Department will not be honored. If during the term of the contract, the vendor’s costs are lowered and such savings are passed along to other customers, it is understood and agreed that the benefits of such reduction shall be extended to Katy ISD.

6.5 Freight / Delivery / Inspection & Acceptance

All deliveries shall be F.O.B. Destination and Inside Delivery. Deliveries shall be made per the delivery instructions on the Scope of Work in section 4.0

A purchase order(s) shall be generated by Katy ISD to the Vendor. The purchase order number must appear on all itemized invoices and packing slips. Katy ISD will not be held responsible for any orders placed/delivered without a valid current purchase order number.

7.0 – ATTACHMENTS

7.1 Required Attachment(s)

Please complete the Attachment Packet attached to the proposal in the Katy ISD Bonfire System https://katyisd.bonfirehub.com/portal/?tab=openOpportunities https://katyisd.bonfirehub.com/portal/?tab=openOpportunities