ESBD_427155_1749565051898_Final RFP 26.02 - Snack Bar Replacement Project.pdf

REQUEST FOR PROPOSALS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

RFP 26.02 – SNACK BAR REPLACEMENT PROJECT

Snack Bar Replacement Project Marshall Middle School

RFP 26.02

SCHEDULE:

Pre-Proposal Conference: Monday, June 23, 2025 at 10:00 a.m. at Marshall Middle School, 6455 Gladys, Beaumont, TX 77706 Questions Due: Monday, July 7, 2025 by 2:00 p.m.

Responses to Questions Posted: Monday, July 14, 2025 by 2:00 p.m.

Response to RFP Due: Monday, July 28, 202 at 2:00 p.m.

Board Contract Approval: Estimated August 21, 2025 Estimated Installation Dates: To be coordinated with BISD Director of Child Nutrition

The Beaumont Independent School District (“BISD” or “the District”) is requesting proposals (RFP 26.02) from qualified offerors to replace a snack bar in the cafeteria at Marshall Middle School campus (or also referred to as “the Project”) as identified herein.

Proposals must be addressed to the Administration at the address listed below and marked as follows:

for

RFP 26.02 SNACK BAR REPLACEMENT PROJECT

due no later than

MONDAY, JULY 28, 2025 AT 2:00 P.M.

BEAUMONT ISD

Attn: Purchasing Department

3395 Harrison Avenue Beaumont, TX 77706

ANY PROPOSAL RECEIVED AFTER THE TIME AND DATE STATED ABOVE WILL NOT BE CONSIDERED.

UNSIGNED PROPOSALS AND/OR PROPOSALS RECEIVED VIA FACSIMILE OR EMAIL WILL NOT BE

CONSIDERED. ALL RESPONSES MUST BE RECEIVED AT THE ADDRESS SHOWN ABOVE. RESPONSES

SENT/ DELIVERED TO ANY OTHER DISTRICT ADDRESS WILL NOT BE CONSIDERED.

FAILURE TO COMPLY WITH SPECIFICATIONS MAY RESULT IN THE DISQUALIFICATION OF YOUR

PROPOSAL.

Offerors must provide all requested information; failure to comply with any portion of this solicitation will be reflected in the evaluation process. The BISD reserves the right to accept or reject any Submission or any part thereof or any combination of Submissions and to waive any or all formalities. All responses in the Submission may be used by the BISD in the selection process. The BISD reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to the BISD without regard to whether such information appears in the Submission.

I. OVERVIEW

Pursuant to the provisions of Texas Education Code 44.031, it is the intention of the Beaumont Independent School District (“BISD” or “the District”) to select a vendor via the Request for Proposal process as authorized by TEC Section 44.031(a)(2) for Snack Bar Replacement Project generally described herein. Responses to this Request for Proposals (“RFP”) are referred to herein as “proposals” or “submissions.” Entities submitting proposals are referred to as “Offerors” or “Proposers.” The RFP may be obtained at Beaumont ISD Administration Building, 3395 Harrison Avenue Beaumont, TX 77706. It is the intention of BISD to award a contract to a single vendor.

PROPOSALS MUST BE RECEIVED NO LATER THAN JULY 28, 2025 AT 2:00 P.M.

Any Proposal received after such time will not be considered and will be returned unopened.

Proposals will be received by:

BISD Purchasing Department 3395 Harrison Avenue

Three (3) copies of the proposal must be submitted. Proposal envelopes must be plainly marked on the outside as follows:

SEALED PROPOSAL

RFP 26.02 SNACK BAR REPLACEMENT PROJECT

PROPOSALS MUST BE SUBMITTED ON THE PROPOSAL FORM ATTACHED AS EXHIBIT A. THIS REQUEST

FOR RFP CONTAINS REQUIRED TERMS AND DESCRIPTIVE INFORMATION ABOUT THE

GOODS/SERVICES. RESPONSES NOT MADE AS SET FORTH IN THE REQUEST FOR PROPOSALS MAY BE

DEEMED NON-RESPONSIVE AND MAY NOT BE CONSIDERED.

For questions regarding this Request for Proposals, please contact BISD Purchasing Department via email at bids@bmtisd.com.

Questions must be received no later than 2:00 p.m. July 7, 2025. Questions and Answers (responses) will be posted on the District’s website no later than 2:00 p.m. July 14, 2025.

PRE-PROPOSAL CONFERENCE:

An optional pre-proposal conference will be held at 10:00 a.m. on Monday, June 23, 2025 at Marshall Middle School, 6455 Gladys, Beaumont, TX 77706. Attendance is encouraged by all offerors, but not mandatory.

Proposals are to include the information requested in Section IV of this Request for Proposals. In addition to and separate from the requested information, Offerors submitting proposals may provide supplementary materials further describing their capabilities and experience.

mailto:bids@bmtisd.com

Deviations or exceptions stipulated in a Vendor’s response may result in disqualification. Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. ANY EXCEPTIONS TO THE RFP, INCLUDING THE TERMS AND CONDITIONS, MUST BE NOTED DIRECTLY BELOW EACH OF THE

RESPECTIVE TERMS AND CONDITIONS, VIA TRACKED CHANGES, AND SUBMITTED WITH VENDOR’S

SUBMISSION.

SUBMISSION OF PROPOSALS

Following the deadline for receipt, the BISD’s staff will receive, publicly open, and read aloud the names of the Offerors and, if any are required to be stated, all prices stated in the proposals. Within forty-five (45) days after the opening of the Proposals, the BISD shall evaluate and rank each Proposal submitted in relation to the selected criteria set forth below. The BISD shall either select one or more vendor(s) from the respondents to this Request for Proposals or may reject all proposals.

The recommended ranking shall be based on the data furnished by the Offerors in response to the Request for Proposals. The following is a list of criteria and weight for each criterion. Unless modified by addendum prior to opening of the Proposals, the following listing of criteria and weight of criteria shall be utilized by the BISD.

WEIGHT CRITERIA

60 points The Price Proposal – based on total proposal price 10 points Project Experience & Reputation 15 points Quality of the vendor’s goods and services 10 points Extent to which the goods and services meet the District’s needs 0 points Vendor’s past relationship with the District (if previously worked with and good experience = 5 points; if previously worked with and poor experience = 0; if no previous experience with the District = 2)

0 points Total long-term cost to the district to acquire vendor’s goods and services 0 points For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state;

or (B) employs at least 500 persons in this state.

100 TOTAL POINTS

All responses in the Proposal may be used to help the BISD select a vendor based on these criteria.

The BISD reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to the BISD without regard to whether such information appears in the proposal.

II. COMMITMENTS/RESERVATIONS OF BISD

1. The BISD reserves the right to withdraw this Request for Proposals at any time and for any reason.

2. Receipt of response by the BISD or submission of a response to the BISD or selection of an Offeror for the purposes of negotiating a contract; confers no rights to the Offeror, nor obligates the BISD in any manner.

3. The BISD reserves the right to award or not award a contract. The BISD also will award the Contract to the party or parties that the Board of Trustees of the BISD determines to be most qualified and most responsive to this Request for Proposals.

4. The BISD is under no obligation regarding this Request for Proposals until a written contract is approved and executed by all parties and funding of the Project occurs.

5. The cost of developing a response is the sole responsibility of the Offeror. The BISD shall not provide reimbursement of such cost and shall not be liable for any response preparation cost for any reason whatsoever.

III. GENERAL TERMS AND CONDITIONS

1. The initial base term of the prospective contract is for a set time period only and the award will last until the goods or services have been delivered, installed, completed and accepted by the District.

This Contract shall remain in effect until (1) the project is complete or (2) the Contract is terminated by mutual consent of BISD and Vendor. In the event of a breach or default of the Contract and/or the RFP by Vendor, BISD reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of BISD. BISD further reserves the right to terminate the Contract immediately in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the RFP, this Contract, and/or a Purchase Order; (2) make any payments owed; or (3) otherwise perform in accordance with this Contract and/or the RFP. BISD also reserves the right to terminate the Contract immediately, with written notice to Vendor, if BISD believes, in its sole discretion that it is in the best interest of BISD to do so.

In the event that a material change to the terms of the Contract occurs, then the Contract shall be allowed to expire and shall not be renewed upon the conclusion of the Contract’s term. The phrase “material change” in this paragraph shall mean a modification that substantially exceeds the terms of the original contract between BISD and Vendor. Upon the expiration of the Contract’s term, BISD may issue a new RFP for the goods or services procured under the previous contract.

Vendor agrees that BISD shall not be liable for damages in the event that BISD declares Vendor to be in default or breach of this Contract and/or the RFP. Vendor further agrees that upon termination of the Contract for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor.

2. BISD reserves the right to accept or reject all or any part of any proposal, waive minor technicalities, and award the proposal to serve the best interest of the BISD.

3. BISD reserves the right to cancel this contract without pecuniary risk or penalty upon written notice of the intent. The Board reserves the right to cancel this contract upon written notice of the intent. Vendor may not assign this Contract or any of its rights, duties or obligations hereunder without the prior written approval of BISD. Any attempted assignment of this Contract by Vendor shall be null and void. Any Purchase Order made as a result of this Contract 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 BISD.

4. If at any time the vendor fails to fulfill or abide by the terms, conditions, or specifications of this contract, BISD reserves the right to cancel upon thirty (30) days written notification of the intent.

5. Contract shall be put into effect by means of a purchase order(s) executed by the District after proposal has been awarded.

6. ADDENDUM: In the event that any changes to this Proposal Document occur subsequent to the mailing or other delivery of the original Proposal Document, the changes or corrections to this Proposal Invitation will be made by addendum. It is your responsibility to obtain any addenda that pertains to this proposal.

7. INSURANCE - Vendor is required to provide BISD with copies of certificates of insurance for Texas Statutory Worker’s Compensation, Commercial General Liability Insurance and Commercial Auto Liability Insurance. Insurance carrier(s) shall maintain a minimum AM BEST rating of A-VIII.

Certificates of Insurance, name and address of Vendor, the limits of liability, the effective dates of each policy, and policy number shall be delivered to BISD prior to commencement of any work under this Contract. The insurance company insuring Vendor shall be licensed in the State of Texas and shall be acceptable to BISD. Vendor shall give BISD a minimum of ten (10) days’ notice prior to any modifications or cancellation of said policies of insurance. Vendor shall maintain (and require all subcontractors performing any work under or relating to this Agreement to maintain) insurance coverage as specified below.

Minimum Insurance Requirements:

Vendor shall, at all times during the Term of this Contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of Vendor. These requirements do not establish limits of Vendor’s liability.

All policies of insurance shall waive all rights of subrogation against BISD, its officers, employees, and agents.

BISD shall be named as an “Additional Insured” on insurance policies, except Worker’s Compensation.

Upon request, certified copies of original insurance policies shall be furnished to BISD.

BISD reserves the right to require additional insurance should BISD deem additional insurance necessary, in BISD’s sole discretion.

Workers’ Compensation (with Waiver of subrogation to BISD) Employer’s Liability, including other endorsements, and Employers Liability: $1M.

Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations, Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout, catering and underground damage.

$1M each occurrence Limit Bodily Injury and Property Damage combined $1M Products-Completed Operations Aggregate Limit $500,000 per Job Aggregate $300,000 Personal and Advertising Injury Limit

Automobile Liability $1M Combined Liability Limits Bodily Injury and Property Damage

8. TAX EXEMPT - No charge will be allowed for Federal, State, or City taxes for which the Beaumont Independent School District is exempt. The price shall be net and shall not include the amount of any such tax. Exemption certificate, if required, will be furnished by the District.

9. PRICES – shall be net, including transportation and delivery charges fully prepaid by the vendor, F.O.B. locations listed. All prices must be typed or written in ink. Proposals written in pencil will not be accepted. The District reserves the right to add additional service locations stated at the same unit price unless otherwise specified by the bidder.

All prices in Vendor’s proposal shall be firm for the duration of this Project. Any adjustment or escalation of the fixed price(s) will not be allowable.

10. WARRANTY CONDITIONS

All product(s) and/or service(s) provided by the Vendor under this Contract must be warranted to be free from defects in material, workmanship, and free from such defects in design for a period of one (1) year upon the later of BISD’s acceptance of the product and/or service or payment of the applicable invoice. Vendor warrants that all products and/or services furnished under this Contract shall conform in all respects to the terms of this Contract, including any drawings, specifications, and/or standards incorporated herein, including, without limitation, those detailed in the RFP and Purchase Order. In addition, Vendor warrants that products and/or services are suitable for and will perform in accordance with the purposes for which they are intended. Vendor shall assume all liabilities incurred within the scope of 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 Contract, the RFP, or Purchase Order.

11. CUSTOMER SUPPORT

Vendor shall provide timely and accurate technical advice and support to BISD staff. Vendor shall respond to requests for customer support within one (1) business day after receipt of the request. Vendor shall provide feedback to BISD staff regarding products and/or services supplied by Vendor, at no additional charge, if requested by BISD.

12. SPECIFICATIONS

Specifications have been developed by the District to show minimal standards as to the usage, materials, and contents based on our needs. Whenever product(s) and/or material(s) are referred by BISD 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 product(s) and/or material(s) 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.

Any purchase or PO issued pursuant to this Contract shall conform to the specifications and descriptions identified in this Contract and the RFP. Vendor will be responsible for all costs associated with cleaning and disposing, permitting, including shipping/freight charges, etc. This requirement shall survive payment and acceptance of the services. Whenever product(s) and/or material(s) are referred by BISD 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 product(s) and/or material(s) 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.

13. ALLOWABLE COSTS

Include all costs allowable under TDA rules and regulations, including, but not limited to, the pricing information requested in this RFP, such as costs for materials, services and installation (labor hours), delivery, and the like.

14. DELIVERIES – Proposal prices shall include all freight, delivery, installation, and haul off charges.

Vendors shall keep the district advised of the status of orders.

All deliveries must be pre-scheduled with the Child Nutrition Office. Deliveries will be accepted between the hours of 8:00 AM and 4:00 PM.

All packaging materials must be removed from premises.

Removal/disposal of current equipment is mandatory

If defective or incorrect products are delivered, BISD may make the determination, at its sole discretion, to reject and request replacement of the products at no cost to BISD. Vendor agrees to pay all shipping and handling costs for any such return shipment. Vendor also shall be responsible for arranging the return of the defective or incorrect products.

In the event of loss, damage, or destruction of any property owned by or loaned by BISD that is caused by Vendor or Vendor’s representative, agent, employee, or contractor, Vendor shall indemnify BISD and pay to BISD the full value of or the full cost of repair or replacement of such property, whichever is greater, within thirty (30) days of Vendor’s receipt of written notice of BISD’s determination of the amount due. If Vendor fails to make timely payment, BISD may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by BISD.

15. EQUIPMENT – ALL Measurement confirmations are the vendors’ responsibility.

All equipment is to be received by awarded vendor, checked for freight damage, and delivered to each individual school as listed. The equipment will be set in place, cleaned, shipping brackets, packing tape and other shipping materials are to be removed. All crates and boxes are to be removed and disposed of off BISD premises.

The install must take place when school is not in session and students are not on the campus for the entire duration of the installation. The Vendor is responsible for contacting the BISD Child Nutrition Director to schedule installation period.

Vendor, its subcontractor(s), and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules, and regulations in the performance of services under this Contract, including, without limitation, those promulgated by BISD and by the Occupational Safety and Health Administration (“OSHA”). In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all other safety guidelines and standards as required by BISD. Vendor shall indemnify and hold BISD harmless from and against all claims, demands, suits, actions, judgments, fines, penalties, and liability of every kind arising from the breach of Vendor’s obligations under this provision.

16. DATES OF SERVICES – The District is requesting that the removal and installation of a new snack bar be completed per the specifications during a time approved by the District’s Director of Child Nutrition.

Vendor, its subcontractor(s), and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules, and regulations in the performance of services under this Contract, including, without limitation, those promulgated by BISD and by the Occupational Safety and Health Administration (“OSHA”). In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all other safety guidelines and standards as required by BISD. Vendor shall indemnify and hold BISD harmless from and against all claims, demands, suits, actions, judgments, fines, penalties, and liability of every kind arising from the breach of Vendor’s obligations under this provision.

17. BONDS – No bonds are required for these services.

18. LOSS OR DAMAGE – In the event of loss, damage, or destruction of any property owned by or loaned by BISD that is caused by Vendor or Vendor’s representative, agent, employee, or contractor, Vendor shall indemnify BISD and pay to BISD the full value of or the full cost of repair or replacement of such property, whichever is greater, within thirty (30) days of Vendor’s receipt of written notice of BISD’s determination of the amount due. If Vendor fails to make timely payment, BISD may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by BISD.

19. INVOICES shall have all items/services performed listed. We must have a separate invoice for each Purchase Order Number. Invoices will be verified by the Child Nutrition Department.

Invoices are to be mailed to:

Beaumont ISD

Attn: Accounts Payable 3395 Harrison Ave.

Beaumont, Texas 77706

20. PAYMENT will be made in accordance with this section, after receipt of properly prepared invoices and after completion of services on the Purchase Order. All items/services will be checked for defects prior to payment of invoice.

Vendor shall submit invoices, in duplicate, directly to BISD. Each invoice shall include BISD’s Purchase Order number and RFP/ Contract Number. All invoices shall be itemized to include the type of product(s) and/or service(s) rendered. Vendor shall submit invoices within a timely manner during BISD’s fiscal year in which the product(s) and/or service(s) are purchased.

Pertinent information for verification of BISD’s receipt shall be made available upon request by BISD. BISD will make payments directly to Vendor. BISD placing the Purchase Order with Vendor shall alone be liable and/or responsible for payment for product(s) and/or service(s) ordered and must be invoiced directly by Vendor.

TEX. GOV’T. CODE § 2251.021 shall govern when payments are due to the Vendor. Payments are due to Vendor by BISD, within forty-five (45) days after the later of the following: (1) the date BISD receives the products and services under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date BISD receives an invoice for the products or service. Vendor agrees to pay any subcontractors the appropriate share of the payment received from BISD not later than the tenth (10th) day after the date the Vendor receives the payment from BISD. The exceptions to payments made by BISD and/or Vendor listed in TEX. GOV’T. CODE § 2251.002 shall apply to this Contract.

18. NONPERFORMANCE OF CONTRACT - The District reserves the right to cancel the entire contract with a ten (10) day notice in the event:

a. any service is not performed according to proposal price.

b. services are not performed within the specified time period.

c. service quality is not acceptable.

19. PROTEST PROCEDURES - Any actual or prospective bidder, offeror, or contractor who considers himself to have been aggrieved in connection with the solicitation, evaluation, or award of a contract by Beaumont ISD may formally protest by filing a complaint/appeal in accordance with BISD Board Policy GF (Local) with the Purchasing Director of BISD. Such protests must be made in writing and received by the Purchasing Director by the close of business on or before the 15th BISD business day after award of the contract resulting from this RFP.

20. RECORDS RETENTION

When school nutrition program funds are expended by BISD pursuant to this Contract, Vendor certifies that it will comply with the record retention requirements promulgated by USDA/TDA.

Vendor further certifies that Vendor will retain all records as required by USDA/TDA for a period of five (5) years after the end of the fiscal year to which the documentation/records pertain.

Vendor further certifies that these records must be accessible to appropriate BISD representative and federal or state reviewers. See TDA ARMS Manual, Section 17, Procurement.

21. TITLE AND RISK OF LOSS

Whenever BISD is purchasing (and not leasing) a product under this Contract, title and risk of loss shall pass upon the later of BISD’s acceptance of the product or payment of the applicable invoice.

22. PERFORMANCE

Vendor agrees to use commercially reasonable best efforts to provide the product(s) and/or service(s) subject to this Contract. Vendor shall furnish all supervision, labor, tools, equipment, permits, licenses, transportation, insurance, material, and supplies necessary to complete any scope of work, Purchase Order under this Contract. Vendor shall use skilled, trained personnel, who shall be supervised by Vendor.

23. INDEMNIFICATION

VENDOR SHALL INDEMNIFY AND HOLD HARMLESS BISD, INCLUDING BISD’S TRUSTEES, OFFICERS, ADMINISTRATORS, EMPLOYEES, AND AGENTS, FROM ALL CLAIMS, LIABILITIES, COSTS, SUITS OF

LAW OR IN EQUITY, EXPENSES, ATTORNEYS’ FEES, FINES, PENALTIES OR DAMAGES ARISING

FROM ACTS OR OMISSIONS OF VENDOR, VENDOR’S EMPLOYEES, AGENTS, OR

SUBCONTRACTORS, IN CONNECTION WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION,

THOSE ARISING FROM CLAIMED INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHT

OR OTHER CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM VENDOR IS REQUIRED

TO DELIVER. VENDOR’S OBLIGATIONS UNDER THIS CLAUSE SHALL SURVIVE ACCEPTANCE AND

PAYMENT BY BISD.

24. GOVERNING LAW AND EXCLUSIVE VENUE

The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this

Contract. Any dispute under this Contract involving BISD must be brought exclusively in the state and federal courts located in Jefferson County, Texas.

25. COMPLIANCE WITH LAWS

Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations, local, state, and federal health and safety certifications, licensing, and regulations, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352), the Davis-Bacon Act (40 U.S.C.

§ 276a-7 as supplemented by Department of Labor regulations 29 CFR Part 5), the Copeland “Anti- Kickback” Act (18 U.S.C. § 874 as supplemented in Department of Labor regulations29 CFR Part 3), the Equal Opportunity Employment requirements (Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order11375 of October 13, 1967 and as supplemented in Department of Labor regulations 41 CFR Chapter 60), the McNamara- O’Hara Service Contract Act (41 U.S.C. 351), the Clean Air Act (42 U.S.C. § 7401-7671q), Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15), Solid Waste Disposal Act (Section 6002 as amended by the Resource Conservation and Recovery Act), the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 Sections 103 and 107 as supplemented by Department of Labor regulations (29 CFR Part 5)), Civil Rights/Discrimination laws (Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), the Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75-77 and 81 (“EDGAR”), mandatory standards and policies contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.

L. 94-163, 89 Stat. 871), Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms (Historically Underutilized Business or HUB) (200 CFR 200.321), and all applicable requirements and regulations, including those related to reporting, patent rights, copyrights, and data rights (including but not limited to Rights to Inventions (pertaining to patent rights, copyright and rights, 37 CFR 401.2) and those mandated by federal agencies making awards of federal funds to BISD. Vendor understands that Vendor is ineligible to receive a contract award with BISD if Vendor or its principal(s) is listed on the government wide exclusions in the System for Award Management (Debarment and Suspension Orders: Executive Orders 12549 and 12689).

26. USDA/TDA Special Terms and Conditions

It is anticipated that federal School Nutrition Program funds will be used for the Snack Bar Replacement Project detailed in this RFP. Therefore, the following terms and conditions apply.

In the event of a conflict or inconsistency between the following terms and conditions and any provision of the Agreement, the procurement solicitation issued by BISD, or the portion of Vendor’s proposal submitted in response to BISD’s procurement solicitation that is satisfactory to BISD, the following terms and conditions shall control.

i. Material Change If a material change (as the term is defined by TDA rules and regulations) to a contract entered into between BISD and Vendor occurs, then the contract will not be renewed upon the conclusion of its term. Upon the expiration of the term, BISD may issue a new RFP for the goods or services procured under the previously-existing contract. Material change for purposes of this Section means a modification that substantially exceeds the terms of the original contract between BISD and Vendor.

ii. New Products During the Term of a Contract awarded under this RFP, additional purchases not included in the original RFP list and resulting awarded contract may become necessary and benefit BISD. Vendor and BISD agree that the aggregate value of added purchases during each year of the Contract (if renewed) shall not exceed 10% of the estimated total value of the Contract. The total value of the Contract must be agreed upon, and the dollar value listed in the Contract and each renewal term of the Contract (if any). For purposes of this section, the total value of the Contract includes all contracts awarded as a result of the procurement solicitation to all vendors. For the initial Term of a Contract awarded under this RFP, Vendor and BISD agree that the total value of the Contract shall be the price proposed by selected Vendor upon evaluation and Board approval. Additions of new products may be included in the awarded Contract list during the renewal of the Contract through an amendment to the Contract, and the total Contract value adjusted accordingly. For each renewal term of the Contract, the total actual value of the Contract in the preceding year and the additional new product(s) made during that Term will be the basis for determining the maximum dollar amount (not to exceed 10%) of the additional new product(s) that will be allowed during the next Contract renewal term.

iii. Use by Other Governmental Entities In the event that BISD allows other governmental entities to utilize any existing contract between BISD and Vendor entered into pursuant to this procurement solicitation, Vendor agrees and understands that such other governmental entities may include “school food authorities,” as that term is defined by USDA/TDA. Should such utilization by other governmental entities result in a material change to the Agreement for purposes of USDA/TDA purchases, BISD will proceed under the foregoing section entitled “Material Changes.”

iv. Records Retention When school nutrition program funds are expended by BISD pursuant to this Contract, Vendor certifies that it will comply with the record retention requirements promulgated by USDA/TDA. Vendor further certifies that Vendor will retain all records as required by USDA/TDA for a period of five (5) years after the end of the fiscal year to which the documentation/records pertain. Vendor further certifies that these records must be accessible to BISD and federal or state reviewers. See TDA ARMS Manual, 17.107.

IV. SUBMISSION OF PROPOSALS

THE OFFEROR MUST ALSO SUBMIT THE FOLLOWING ITEMS:

1. PROPOSAL FORM: Exhibit A, signed by Offeror.

2. PROOF OF INSURABILITY: Submit a letter from your insurance provider stating provider’s commitment to insure the applicant for the types of coverage at the levels specified in the RFP, if awarded a contract in response to this RFP. Offeror shall also submit a copy of current insurance certificate.

3. COMPLETED FORM 1295. The form is available online with the Texas Ethics Commission at www.ethics.state.tx.us.

4. ALL FORMS included with this package as Exhibit B, Vendor Packet.

V. SCHEDULE

SCHEDULE:

Pre-Proposal Conference: Monday, June 23, 2025 at 10:00 a.m. at Marshall Middle School, 6455 Gladys, Beaumont, TX 77706 Questions Due: Monday, July 7, 2025 by 2:00 p.m.

Responses to Questions Posted: Monday, July 14, 2025 by 2:00 p.m.

Response to RFP Due: Monday, July 28, 202 at 2:00 p.m.

Board Contract Approval: Estimated August 21, 2025 Estimated Installation Dates: To be coordinated with BISD Director of Child Nutrition http://www.ethics.state.tx.us/

OTHER:

Proposals are subject to the Texas Public Information Act, Texas Government Code Chapter 552.

Further, the requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this procurement and Agreement and the Respondent agrees that any agreement may be terminated if the Offeror knowingly or intentionally fails to comply with a requirement of that subchapter.

V. SPECIFICATIONS

• Must include description of allowable costs (materials plus direct labor hours, etc.) – TDA ARM

Section 17, at p. 40.

• Must include description of delivery - Description of the frequency and location of expected deliveries for products and/or services, including drop shipments, and, if required, varied packaging, amounts, or sizes per delivery – TDA ARM Section 17, at p. 42.

• Must include equipment/supplies specifications, technical requirements, etc. - Description of any expectations that the final contract will include the purchase or use of equipment which may include, but is not limited to, the following: ▪ Utility and space requirements ▪ Quality and features required ▪ Installation requirements ▪ Indication of whether the CE may retain the property and continue to make payments in accordance with an approved amortization schedule or return the property ▪ Other factors which may impact the cost of purchasing equipment ▪ Description of supplies to be provided by CE and offeror – TDA ARM Section 17, at pp. 42-43.

• Must include description of services to be performed – Required certifications and/or licensing

▪ Description of duties to be performed, i.e., the scope of work ▪ Equipment provided by CE and expected to be provided by the contractor ▪ Hours of work ▪ Performance expectations ▪ Required outcomes – TDA ARM Section 17, at pp. 43-44.

• Must include description of timeline – Description of start dates, major events, and end dates for solicitation and contract – TDA ARM Section 17, at p. 44

VI. EXECUTION

The foregoing is true and correct. The BISD, or any authorized representative of the BISD, is authorized by the undersigned to contact any firm, institution, or person listed above to obtain information about our firm's services, financial condition, and any other information which the BISD might determine as being desirable.

Offeror: __________________________________________

By: __________________________________________

(Signature)

(Printed Name) (Title)

VII. REPRESENTATIONS AND CERTIFICATIONS

By submitting this Proposal, the Offeror:

1. Represents that to the best of its knowledge it is not indebted to the BISD. Indebtedness to the BISD shall be basis for non-award and/or cancellation of any award.

2. Certifies that no suspension or debarment is in place that would preclude receiving a federally funded or state funded contract.

3. Certifies it’s understanding that, should Offeror be selected for the Project: “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.”

4. In compliance with Chapter 2252 of the Texas Government Code, Offeror certifies that it does not engage in business with Iran, Sudan, or any foreign terrorist organization.

Offeror also certifies that for the length of any resulting contract with BISD, Offeror will not engage in any business with Iran, Sudan, or any foreign terrorist organization.

Offeror: __________________________________________

By: __________________________________________

(Signature)

(Printed Name) (Title)

EXHIBIT A

PROPOSAL FORM

IDENTIFICATION OF OFFEROR AND ACCEPTANCE OF TERMS

IMPORTANT: A proposal, to be valid, must be manually signed in ink by an authorized person in the space provided. By such signature, Offeror agrees to strictly abide by the terms, conditions, and specifications set out in the Request for Proposal.

1.1 TO: Beaumont Independent School District

Attn: Purchasing Department 3395 Harrison Avenue Beaumont, TX 77706

1.2 SUBMITTED BY: ___________________________________________________________

Address: _________________________________________________________________

Phone No.: _________________ Email: ________________ Date: ______________

Signature: _______________________________________________________________

1.3 BASE PROPOSAL (in numbers): Proposal price shall include all pricing for turnkey installation.

A. Proposal Price – Equipment: $____________________________________________

B. Proposal Price – Materials: $_____________________________________________

C. Proposal Price – Labor: hourly rate of $__________ times maximum number of labor hours of _________ = $ ________________________ total maximum labor proposal price

Total Proposed Price for Snack Bar Replacement (sum of A, B, and C):

1.4 ADDENDA:

Please list numbers & dates acknowledging addenda for this RFP:

1.5 Please list earliest installation time and/or equipment turnaround dates. Please provide additional page(s), as necessary, to provide a full description of requested information.

BEAUMONT ISD

Purchasing Department

3395 Harrison Ave., Beaumont, TX 77706 Phone #: 409.617.5041

All vendors doing business with Beaumont Independent School District (BISD) must complete and submit a

Vendor Packet that consists of the following documents:

(1) Vendor Information Form;

(2) ACH Form

(3) Conflict of Interest Form;

(4) W-9 Form;

(5) Proposer/Vendor Certification Forms;

(6) Felony Conviction Notice Form;

(7) Antitrust Certification Statement; and

(8) Confidentiality Declaration Form.

The completed Vendor Packet must be e-mailed by a BISD campus or department contact in PDF format to the BISD Purchasing Department at purchasing@bmtisd.com. Incomplete packets will be rejected.

Notice to Prospective Vendors:

1. Vendors must accept purchase orders for all purchases.

2. Purchase Orders are delivered electronically from teamssupport@bmtisd.com. Please make sure email/spam settings are adjusted to accept emails from this address.

3. The District will not be responsible for payment of goods/services without an approved purchase order.

4. In order to process payments timely, all invoices should reflect the purchase order number and must be sent (mailed or emailed) to BISD Accounts Payable Department.

Mail: BISD Accounts Payable Dept. E-mail: invoices@bmtisd.com 3395 Harrison Ave

5. All payments are net 30 days after receipt of the goods and/or services.

6. Terms and conditions for all BISD purchases can be found at www.bmtisd.com.

Vendor Packet

EXHIBIT B

mailto:purchasing@bmtisd.com mailto:teamssupport@bmtisd.com mailto:invoices@bmtisd.com http://www.bmtisd.com/

Vendor Information

Business Name: ____________________________________________________________

DBA: ______________________________________________________________

Website: ______________________________________________________________

Phone: ______________________________________________________________

Address: ______________________________________________________________

Type of Products/Services Provided: _______________________________________________________

Contact Information: Remit Information: (Please select option)

Name: ___________________________________

Title: ____________________________________

Email Address: ____________________________

Phone: ___________________________________

� Check � ACH (form attached)

Check Payable To: _______________________

Address: _______________________________

Phone: ________________________________

Email address where purchase orders are to be sent: ______________________________________

Is Vendor Awarded on a Contract through a Purchasing Cooperative? ____ Yes ____ No

Cooperative Name(s): _______________________________________________________________

Cooperative Contract #s: _____________________________________________________________

Expiration Date(s): __________________________________________________________________

Will the Vendor/Vendor’s employees potentially have direct contact with students? ____ Yes ____ No If yes, Independent Contractor Agreement & Criminal History

Certification (fingerprinting) may be required.

Is the Vendor a current or former employee of BISD? ____ Yes ____ No

Is the Vendor a Minority and/or Women’s Business Enterprise? ____ Yes ____ No

Is the Vendor HUB certified? ____ Yes ____ No

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri n t o r ty p e

S ee

S p ec if ic In st ru ct io n s on p ag e

3.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions

4 Exemptions (codes apply only to certain entities, not individuals;

see instructions on page 3):

Exempt payee code (if any)

Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any)

(Applies to accounts maintained outside the United States.)

5 Address (number, street, and apt. or suite no.). See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or

Employer identification number

Part II Certification

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of

U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they

Cat. No. 10231X Form W-9 (Rev. 3-2024)

BISD CONFLICT OF INTEREST DISCLOSURE STATEMENT

Beaumont Independent School District (BISD) is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23 significantly changed Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any vendor who does business with BISD or who seeks to do business with BISD must fill out the new Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:

1) If the vendor has an employment or other business relationship with a local government officer of BISD or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or

2) If the vendor has given a local government officer of BISD, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or

3) If the vendor has a family relationship with a local government officer of BISD.

“Vendor” means a person who enters or seeks to enter…