ESBD_427936_1749760835282_25-17 IFB CACFP.pdf

Page 1 of 34 IFB Vended Meals Bid

Updated 12.12.2024

Child and Adult Care Food Programs Contract for Purchased Meals

Invitation for Bid (IFB)

Bid No.: RFP 25-01

Contracting Entity (CE): BakerRipley

Address: 4450 Harrisburg Blvd, Ste 200

Phone Number: 713-669-5219

Fax Number: 713-669-5295

Date Issued: 6/24/2025

IFB Due Date: 7/28/2025

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Nondiscrimination Statement

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice or TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program complaint of discrimination, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA- OASCR%20P-Complaint- Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA.

The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

(1) mail:

U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

(2) fax: (833) 256-1665 or (202) 690-7442

(3) email: program.intake@usda.gov

This institution is an equal opportunity provider.

https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf mailto:program.intake@usda.gov

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Table of Contents

Invitation for Bid and Contract Index

Section Page I. Instructions for Publishing the IFB II. Invitation for Bid and Contract Face Sheet III. Instructions to Bidders IV. Scope of Services V. Unit Price and Schedule Instructions VI. General Conditions VII. General Provisions and Certifications

Schedule A. Site information List Sheet B. Cycle Menu C. Unit Price Schedule D. Summary Bid Sheet E. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contract F. Anti-Collusion Affidavit G. Certification Regarding Federal Lobbying H. Standard Form LLL – Disclosure of Lobbing Activities I. Certification of Independent Price Determination

Agreement

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Section I Instructions for Publishing the IFB

All CEs that wish to contract with a vendor for vended meals must publicize their IFB to ensure maximum competition. The advertisement shall be posted for a period of no less than 14 calendar days utilizing one or more of the following options:

Option 1: a publication of general circulation covering the area served by the CE. This includes electronic media publications or a combination of both print and electronic.

For print publication that publishes other than daily, a single advertisement would count for the full number of days that the publication is in circulation. Where there is limited circulation, advertisements should also be run in the largest metro area near the CE.

Option 2: Qualifying CEs may elect to advertise their solicitation online in the Texas Comptroller-managed Electronic State Business Daily (ESBD) in order to satisfy notification requirements.

Helpful links:

• Help Getting Started

• Membership forms

• Membership Benefits

All IFBs anticipated to be in excess of $50,000 must be approved by TDA before advertising and again prior to making an award to ensure compliance with federal regulations. The CE must maintain documentation of advertisement and submit to TDA with the evaluation and award documents.

Computation of Time

In computing the period of days, the first day is excluded and the last day is included.

In addition, if the last day of any period is a Saturday, Sunday, or legal holiday, the period must be extended to include the next day that is not a Saturday, Sunday or legal holiday.

https://www.txsmartbuy.gov/esbd https://www.txsmartbuy.gov/help/docs/TxSmartBuy-Membership-Application-Guide-2024.pdf https://comptroller.texas.gov/purchasing/members/forms/ https://www.txsmartbuy.gov/membershipbenefits

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Child and Adult Care Food Program Child Care Centers and Day Care Homes

Invitation for Bid (IFB) and Contract for Purchased Meals

Section II Invitation for Bid and Contract Face Sheet

This document contains an invitation to food service management companies (FSMCs) to bid for the furnishing of unitized meals to be served to children participating in the Child and Adult Care Program authorized by Section 17 of the National School Lunch Act, and operated under 7 CFR Part 226 of the U.S. Department of Agriculture regulations. This document sets forth the terms and conditions applicable to the proposed procurement. Upon acceptance it shall constitute the contract between the bidder and the CE named below.

Please note that changes to the Invitation for Bid and Contract for Purchased Meals terms are not allowed. CEs that make or allow changes to terms without prior, written approval by the Assistant Commissioner or an Administrator of the Texas Department of Agriculture’s Food and Nutrition Division may not use Child and Adult Care Food Program funds to pay food service management company expenses.

Contracting Entity (CE) Name: BakerRipley CE ID#02946 Address (Street, City, State, Zip Code) 4450 Harrisburg Blvd, Ste 200, Houston, TX 77011 Telephone Number 713-273-3199/713-273-3016

Contact Person Adrian Yam / Veronica Juarez

Bid Opening Bid Issue Date 6/24/2025

Bid Number

RFP 25-01

Date 7/28/2025

Time

10:00 AM

Location (Street, City, State, Zip Code)

4450 Harrisburg Blvd, Ste 200, Houston, TX 77011

Bidder Information Company Name Telephone Number

Address (Street, City, State, Zip Code)

Signature of Bidder’s Authorized Representative (In Ink)

Name (Print or Type)

Title: Date:

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Section III Instructions to Bidders

1. Definitions as used herein

a. Bid—An offer to perform, in accordance with the terms and conditions of this IFB, for a stipulated price. The bidder’s offer.

b. Bid Bond—A copy of the bid bond must accompany the IFB when submitted to the CE; if the projected contract reimbursement is in excess of $150,000. The CE shall require a bond in an amount not less than five (5) percent or more than ten

(10) percent of the value of the contract for which the bid is made. The bond must have been secured from a surety company listed in the U.S. Department of the Treasury Circular 570.

c. Bidder—An vendor submitting a bid in response to this invitation for bid.

d. Contract—A formal, legally enforceable agreement between the buyer (CE) and the seller (contractor) that establishes a legally binding obligation for the seller to furnish goods and/or services and for the buyer to compensate the seller.

e. Contracting Entity—An organization that enters into an agreement with TDA to operate the CACFP and to assume final administrative and financial responsibility for CACFP operations. The organization which issues the IFB.

f. Contractor—An vendor which submits a bid in response to this IFB and is awarded a contract by a CE participating in the CACFP.

g. Code of Federal Regulations (CFR)—The codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal government.

h. Food Service Management Company (vendor)—An organization other than a public or private nonprofit school, with which an institution may contract for preparing and, unless otherwise provided for, delivering meals, with or without milk for use in the Program.

i. Invitation for Bid (IFB)—The document where the procurement is advertised.

In the case of the CACFP, the IFB becomes the contract once both parties agree in writing to all terms and conditions of the IFB.

j. Performance Bond—This is required when a vendor and a CE enter into one or more contracts totaling over $150,000. The amount of the bond must be no less than ten (10) percent of the value of the contract(s) for which the bid is made. The performance bond must be from a surety company listed in the U.S. Department of the Treasury Circular 570.

k. Procurement—The process of obtaining goods and/or services in accordance with applicable rules and regulations.

l. Responsive Bidder—A bidder whose bid conforms to all the material terms and conditions of the solicitation.

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m. Responsible Bidder—A bidder who is capable of performing successfully under the terms and conditions of the contract.

n. Texas Department of Agriculture (TDA)—The State agency that administers the CACFP in the State of Texas.

o. Unitized Meal—An individual portioned meal consisting of a combination of foods meeting the CACFP meal pattern requirements, delivered as a unit with or without milk or juice.

p. U.S. Department of Agriculture (USDA)—The Federal agency that administers the CACFP at the national level.

Other terms shall have the meanings ascribed to them in the applicable regulations (2 CFR Part 200 and 7 CFR Part 226).

2. Submission of Bids

a. Bidders are expected to carefully examine the specifications, schedules, attachments, terms and conditions of this IFB. Failure to do so will be at the bidder’s risk.

b. Add verbiage of how submission can be submitted.

c. Bids must be executed and submitted in triplicate. If accepted, this IFB will become the contract and one copy of the contract will be forwarded to the successful bidder with a notice of award. The copy marked as “original” will be maintained by the CE and shall control over any copy maintained by the vendor, should there be a variance between the two.

d. Rejection of Sealed Bid

i. No changes in the specifications, terms, or general conditions are allowed. Erasures on all copies must be initialed by the bidder prior to submission. Failure to do so may result in rejection of the bid.

ii. If more than one bid is submitted by any one person, by or in the name of a clerk, partner, or other person, all such bids shall be rejected.

iii. Any bid received after the exact time and date specified for receipt of bids will be rejected.

e. Bids over $150,000 shall include a bid bond in amount of 10 % of bid price. (CE shall insert appropriate percentage from 5% to 10%. This must be the same percentage inserted by the CE on the IFB and Contract Face Sheet). FSMCs must obtain bid bonds from surety companies listed in the current Department of the Treasury Circular 570. FSMCs may not post any “alternative” forms of bid bonds, including but not limited to cash, certified checks, letters of credit, or escrow accounts.

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Bid bonds will be returned (i) to unsuccessful bidders as soon as practicable after the opening of bids and (ii) to the successful bidder upon execution of such further contractual documents and bonds as may be required by the bid as accepted. The bid must be securely sealed in a suitable envelope, addressed to the office issuing the IFB and marked on the outside with the name of the bidder, bid number and date and time of bid opening.

f. To be eligible the bid must include all information and vendor signatures where required and adhere strictly to the forma set forth below; failure to do so may result in disqualification. Offerors must complete, label, and separate each section and number all pages.

3. Table of Administrative Requirements and Attachments

Section I – Administrative Requirements Tab A Bidder Information:

• Copy Name and address of vendor.

• Offeror’s contact information Federal Employee Identification Number and Corporate Identification Number, if applicable.

• Name, title, and phone number of the representative who will be designated as the primary liaison to the CE.

• Signed and dated by authorized representative

Section I Bidder Information Page 3 of IFB

Tab B Table of Contents - a comprehensive Table of Contents that lists all submitted proposal sections, subsections, attachments, and materials.

Tab C Copy of a current State or local health certificate for the food preparation facilities

Section II – Required Attachments Tab D Schedule C (d): Unit Price Schedule. Page 29 of IFB Tab E Schedule C-1: Fixed Price Unit Cost1. Page 30 of IFB

Tab F Schedule D: Debarment and Suspension Certification – signed and completed by authorized representative.

Page 31 of IFB

Tab G Schedule E: Anti-collusion Affidavit. Page 32 of IFB Tab H Schedule F: Certification regarding Lobbying. Page 33-34 of

IFB

Tab I Schedule G: Disclosure of Lobbying Activities. Page 35 of IFB Tab J Schedule H: Certification of Independent Price

Determination Page 37 of IFB

Tab K Agreement – signed by authorized representative. Must not be signed until approved to execute.

Page 38 of IFB

4. Explanation to Bidders

Any explanation desired by a bidder regarding the meaning or interpretation of the terms and conditions or specifications of this IFB, must be requested in writing prior to the time and date scheduled for the opening of bids, and must provide the CE with sufficient time for a reply to reach all bidders before bid opening. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective bidder concerning an IFB will be furnished to all prospective

Page 9 of 34 IFB Vended Meals Bid bidders as an amendment of the IFB, if such information is necessary to bidders in submitting bids on the IFB, or if the lack of such information would be prejudicial to uniformed bidders.

5. Acknowledgement of Amendments to IFBs

The CE must acknowledge receipt of an amendment to an IFB by a bidder by signing and returning the amendment. Such acknowledgement must be received prior to the hour and date specified for bid opening.

6. Discounts

Although a blank is provided for a time discount, prompt payment discounts offered for payment in less than twenty calendar days will not be considered in evaluating bids for award. However, offered discounts of less than twenty days will be taken if payment is made within the discount period even though not considered in the evaluation of bids.

(NOTE: Payment discounts may only be used to determine the low bid when prior experience of the CE indicates that such discounts are generally taken).

7. Time for Receiving Bids

Sealed bids shall be deposited at the address for the CE as specified in this IFB no later than the exact time and date indicated in this IFB. Bids received prior to the time of opening will be securely kept by the CE and will remain unopened until the date and time for bid openings.

8. Errors in Bids

Bidders or their authorized representatives are expected to fully inform themselves as to the terms and conditions of this IFB before submitting bids; failure to do so will be at the bidder’s own risk and relief cannot be secured from bidding requirements or the terms and conditions of the IFB based on the bidder’s error or misunderstanding.

9. Award of Contract

a. The contract will be awarded to the lowest responsive and responsible bidder whose bid conforms to the IFB and will be most advantageous to the CE, price and other factors considered such as discounts, transportation cost, and life cycle costs.

b. The CE reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received if there is a sound documented reason.

c. The CE reserves the right to reject the bid of a bidder, including the lowest bidder, that previously failed to perform properly, or complete on time, contracts of a similar nature, or the bid of a bidder that investigation shows is not in a position to perform the contract.

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Section IV Scope of Services

1. 2 CFR Part 200, entitled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and 7 CFR Part 226, entitled Child and Adult Care Food Program, are hereby incorporated by reference. Both the CE and the vendor must operate in accordance with all Program regulations.

2. The selected vendor shall have the exclusive right to purchase meals for the programs checked below at the sites specified in the Schedule of Food Service Locations and Services Provided, which is attached to this IFB as “Schedule A” and fully incorporated herein. Please note the CE may not add additional programs to its Purchased Meal during the program year. Since material changes to the IFB and contract are not permitted, the solicitation scope identifies and encompasses all the program(s) and food service activities that the vendor may be involved in during the term of the contract (initial term and renewals, if any). Proposals must be inclusive of all the programs and services requested in the IFB.

☒ Child and Adult Care Food Program (CACFP)

☒ Child Care Center (CCC): ☒Breakfast ☒ Lunch ☐ Supper ☐ OSHCC

☐ Day Care Home (DCH): ☐ Breakfast ☐ Lunch ☐ Supper ☐ OSHCC

☐ Adult Day Care Center (ADC): ☐ Breakfast ☐ Lunch ☐ Supper

☒ Snacks: ☐ AM ☒ PM ☐ Eve

☐ At-Risk: ☐ Snack ☐ Breakfast ☐ Lunch/Supper

☐ Summer Food Service Program (SFSP): ☐ Breakfast ☐ Lunch ☐ Snack

3. Contractor agrees to deliver:

a. If outside-school-hours care centers (OSHCC): unitized meals (breakfasts, lunches, and/or suppers) * Choose option of milk, and snacks to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this IFB.

b. If child care centers, day care homes, or adult day care center (CE check one option):

☐ unitized meals (breakfasts, lunches, and/or suppers) *Choose option of milk, and snacks to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this IFB.

☒ Bulk meals (breakfasts, lunches, and/or suppers) * inclusive of milk, and snacks to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this IFB.

c. If SFSP (CE check one option):

☐ unitized meals (breakfasts, lunches, and/or suppers) * Choose option of milk, and snacks to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this IFB.

☐ (check only if the CE has received approval from TDA) meals (breakfasts, lunches, and/or suppers) ** Choose option of milk, and snacks to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this IFB.

Touria El Oudiyi Highlight

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d. If at-risk afterschool care centers (CE check one option):

☐ unitized meals (breakfasts, lunches, and/or suppers) * Choose option of milk, and snacks to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this IFB.

☐ meals (breakfasts, lunches, and/or suppers) * Choose option of milk, and snacks to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this IFB.

4. All meals served and furnished under the Program must meet or exceed the requirements of 7 CFR 226.20, requirements for meals, and the meal pattern charts located in the CACFP Child Care Center, At-risk Afterschool Care Center, and/or Day Care Homes Handbooks as applicable attached hereto and made a part hereof. FSMCs may prepare unitized meals, with or without milk, for use in the CACFP.

5. The Contractor shall furnish meals as ordered by the CE during the period of August 1, 2025 to June 30, 2026.

* Insert “inclusive” or “exclusive” as applicable.

Section V Unit Price Schedule and Instructions

1. Bidders are asked to submit prices in accordance with Schedule(s) C for meals with/without milk * meeting the contract specifications set forth in 7 CFR 226.20 and the meal pattern charts located in the CACFP Child Care Center, At-risk Afterschool Care Center, and/or Day Care Homes Handbooks as applicable, and to be delivered to all the sites stated in Schedule A. Please note that bidders must complete a Schedule C for each meal type (breakfast, lunch, snack, etc.) covered by the IFB.

*CEs should indicate whether milk should be included in meals/snacks.

2. Evaluation of Bids and award of the contract will be performed as described in Section III page X.

3. Pricing shall be on the cycle menus described in Schedule B. All bidders must submit bids on the same cycle menus provided by the CE. Deviation from the cycle menus shall be permitted only upon authorization of the CE. Bid price must include the price of food components (including milk, if part of the meal), packaging, transportation, and costs for nonfood items, if essential to the conduct of the food service (e.g. plates, utensils).

The unit prices of each meal type which the bidder agrees to furnish must be written in ink or typed in the blank space provided and must include proper packaging as required in the specifications and delivery cost to the designated sites. Unit prices shall include taxes, but any charges or taxes which are required to be paid under future laws must be paid by the bidder at no additional charge to the CE.

4. Estimated Daily Number of Meals are estimated: They are the best known estimates for requirements during the operating period. The CE reserves the right to order more or less meals than estimated at the beginning of the operating period. Contractor will be paid at the 100% unit cost rate during the payment period specified. (The CE will

Page 12 of 34 IFB Vended Meals Bid indicate in Section VI, Item 4, “Method of Payment,” whether the payment period is weekly, bi- weekly or monthly). CE does not guarantee orders for quantities shown.

Bidders that do not satisfactorily meet the above criteria may be rejected as nonresponsive and not be considered for award.

5. Meal Orders: The CE will order meals on **Wednesday of the week preceding the week of delivery; orders will be placed for the total number of operating days in the succeeding week and will include breakdown totals for each site and each type of meal.

The CE reserves the right to increase or decrease the number of meals ordered on a *** 12 hour notice, or less if mutually agreed upon between the parties to this contract.

** Insert mutually agreed day.

*** CE shall insert appropriate number of hours.

6. Cycle Menu Change Procedure: Meals will be delivered on a daily basis in accordance with cycle menus which appear in Schedule B. Menu changes may be made only when agreed upon in writing by both parties. When an emergency situation exists which might prevent the Contractor from delivering a specified meal component, the CE shall be notified immediately so substitutions can be agreed upon. The CE reserves the right to suggest menu changes within the Contractor’s suggested food cost, periodically throughout the contract period.

7. Noncompliance. The CE reserves the right to inspect and determine the quality of food delivered and reject any meals which do not comply with the terms and conditions, and specifications of the contract. The Contractor will not be paid for unauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time period, and meals rejected because they do not comply with the specifications. The CE reserves the right to obtain meals from other sources, if meals are rejected due to any of the stated reasons. The Contractor will be responsible for any excess cost, but will receive no adjustment in the event the meals are procured at lesser cost. The CE or inspecting agency shall notify the Contractor in writing as to the number of meals rejected and the reasons for rejection.

8. Specifications.

a. Packaging:

i. Hot Meal Unit – Package suitable for maintaining meals in accordance with local health standards. Container and overlay must have an air-tight closure, be of non- toxic material, and be capable of withstanding temperatures of 400 degrees (204° C) or higher.

ii. Cold Meal Unit (or Unnecessary to Heat) – Container and overlay must be plastic or paper and non-toxic.

iii. Cartons – Each carton must be labeled, to include:

1. Processor’s name and address (plant);

2. Item Identity, meal type;

3. Date of production; and

4. Quantity of individual units per carton.

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iv. Meals shall be delivered with appropriate nonfood item(s): plates, straws for milk, napkins, single service ware, etc. The CE shall insert the types of nonfood items that are essential to the conduct of the food service or enter n/a if nonfood items are not required.

b. Food Preparation: Meals shall be prepared under properly controlled temperatures and assembled not more than 24 hours prior to delivery. Meals shall be prepared in accordance with State and local health standards.

c. Food Specifications:

i. Bids are to be submitted on the cycle menus included in Schedule B.

Portions shall, as a minimum, be the quantities specified by USDA for each component of each meal, as included in 7 CFR 226.20, and the meal pattern charts located in the CACFP Child Care Center, At-risk Afterschool Care Center, and/or Day Care Homes Handbooks as applicable.

ii. All meals served under the Contract must meet or exceed USDA requirements, and conform to USDA guidance on food specifications outlined in the “Food Buying Guide for Child Nutrition Programs.”

iii. All meals served under the Contract shall conform to the cycle menus and meal quality standards and food specifications approved by the TDA and upon which the bid was based.

iv. Milk means whole milk, low fat milk, skim milk, and buttermilk. All milk must be fluid and pasteurized and must meet State and local standards for the appropriate type of milk. Milk may be flavored or unflavored. All milk must contain Vitamins A and D at the levels specified by the Food and Drug Administration and at levels consistent with State and local standards for such milk. Milk delivered hereunder shall conform to these specifications.

Section VI General Conditions

1. Delivery Requirements

a. Delivery will be made by the Contractor to each site in accordance with the order from the CE.

b. Meals are to be delivered daily, unloaded, and placed in the designated location by the Contractor’s personnel at each of the sites and times listed in Schedule A.

c. The Contractor shall be responsible for delivery of all meals with or without milk or juice at the specified time. Adequate refrigeration or heating shall be provided during delivery of all food to insure the wholesomeness of food at delivery in accordance with State or local health codes.

d. The CE reserves the right to add or delete food service sites. This shall be done by amendment of Schedule A. Deletion or addition of sites will be made not less than one week prior to the required date of service.

Any change in transportation cost that occurs as a result of adding or deleting sites shall be negotiated and noted in the modification. The Contractor’s invoice shall show the cost as a separate item for that site.

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2. Supervision and Inspection

a. The Contractor shall provide management supervision at all times and maintain constant quality control inspections to check for portion size, appearance, and packaging, in addition to the quality of products.

3. Recordkeeping

a. Delivery tickets must be prepared by the Contractor at a minimum in triplicate:

one copy for the contractor, one copy for the site personnel, and one copy for the CE. Delivery tickets must be itemized to show what meal was delivered, the number of meals delivered, the date and time of delivery, and must match the menu for the day the meals were delivered and served. The site representative or designee at each site will check adequacy of delivery and meals before signing the delivery ticket. Invoices shall be accepted by the CE only if signed by the CE’s site representative or designee at the site.

b. The Contractor shall maintain records (supported by delivery tickets, invoices, receipts, purchase orders, production records, or other evidence) for this Contract that the CE will need to meet its responsibilities, and shall submit all required reports to the CE promptly at the end of each month, unless more frequent reports are required by the CE.

c. The books and records of the Contractor pertaining to the CE’s food service operation shall be available for inspection and audit by representatives of TDA, USDA, and the U.S. Government Accountability Office at any reasonable time and place for a period of three years from the date of receipt of final payment under the contract, except that, if audit or investigation findings have not been resolved, such records shall be retained until all issues raised by the audit or investigation have been resolved and final action taken.

d. The Contractor shall submit records of all costs incurred in the CE’s food service operation in sufficient time to allow the CE to prepare and submit the claim for reimbursement to meet the 60-day submission deadline.

4. Method of Payment

a. The Contractor shall submit its itemized invoice to the CE monthly, as specified.

Each invoice shall give a detailed breakdown of the number of meals delivered at each site during the preceding two weeks or month. Payment will be made at the unit price specified in the Contract. No payment shall be made unless the required delivery receipts have been signed by the CE or site representative or designee of the CE.

b. For the purpose of computing payment, no payment will be made to vendor for meals that: (i) delivered outside of the agreed upon delivery time; (ii) are spoiled or unwholesome at the time of delivery; or (iii) do not otherwise meet the meal requirements contained in this Contract.

The Contractor shall be paid by the CE for all meals delivered in accordance with this Contract and CACFP regulations. However, neither the USDA nor TDA assumes any liability for payment of differences between the number of

Page 15 of 34 IFB Vended Meals Bid meals delivered by the Contractor and the number of meals served by the CE that are eligible for reimbursement.

5. Inspection of Facility

a. The CE, TDA, and USDA reserve the right to inspect the Contractor’s facilities without notice at any time during the contract period, including the right to be present during preparation and delivery of meals.

b. The Contractor’s facilities shall be subject to periodic inspections by State and local health departments, or any other agency designated to inspect meal quality for the State.

c. The Contractor shall provide for meals which it prepares to be periodically inspected by the local health department or an independent agency to determine bacterial levels in the meals being served. Such levels shall conform to the standards which are applied by the local health authority with respect to the level of bacteria which may be present in meals served by other establishments in the locality. The results of the inspections must be submitted promptly to the CE and

TDA.

d. The CACFP regulations provide that TDA must inspect the vendor facility as part of the review of any vended CE. TDA shall respond promptly to complaints concerning facilities. If a vendor fails to correct violations noted by TDA during a review, TDA shall notify the CE and the vendor of meal disallowances for meals prepared by the vendor after a date specified in the notification.

6. Performance Bond Requirement

When applicable, the successful bidder shall provide the CE with a performance bond in the amount of ten (10) percent of the contract price for contract(s) that total over $150,000. The vendor must obtain the performance bond from a surety company listed in the current Department of the Treasury Circular 570. The vendor may not obtain any “alternative” form(s) of performance bond, including but not limited to cash, certified checks, letters of credit, or escrow accounts.

The performance bond must be furnished to the CE within ten days of the awarding of the Contract.

7. Insurance vendor shall maintain the insurance coverage set forth below provided by insurance companies authorized to do business in the State of Texas. At the time of award, the vendor shall submit a Certificate of Insurance demonstrating coverage of at least the amounts indicated below:

a. Comprehensive General Liability-includes coverage for: (i) Premises-Operations;

(ii) Products-Completed Operations; (iii) Contractual Insurance; (iv) BroadForm Property Damage; (v) acts of Independent Contractors; and (vi) Personal Injury;

with a $ Combined Single Limit.

b. Automobile Liability coverage with a $1,000,000.00 Combined Single Limit.

c. Workers' Compensation-Statutory; Employer's Liability with a combined single limit of $1,000,000.00.

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d. Excess Umbrella Liability with a combined single limit of $10M.

e. The CE shall be included as an additional insured on General Liability, Automobile and Excess Umbrella policies.

f. The FSMC’s contract of insurance shall provide for notice to the CE of cancellation of insurance policies 30 days before such cancellation is to take effect.

g. Notwithstanding any other provision of this Contract, the CE shall not be liable to the vendor for any indemnity.

8. Availability of Funds

The CE entity reserves the right to cancel this contract if the Federal funding to support the CACFP is withdrawn. It is further understood that, in the event of cancellation of the Contract, the CE shall be responsible for meals that have already been assembled and delivered in accordance with this Contract.

9. Number of Meals and Delivery Times

The Contractor must provide exactly the number of meals ordered. Counts of meals will be made by the CE entity at all sites before meals are accepted. Damaged or incomplete meals will not be included when the number of delivered meals is determined.

10. Emergencies

In the event of unforeseen emergency circumstances, the Contractor shall immediately notify the CE by telephone of the following:

(i) the impossibility of on-time delivery;

(ii) the circumstance(s) precluding delivery; and

(iii) a statement of whether subsequent deliveries will be affected. No payments will be made for deliveries made later than 1 hours after specified meal time.

*** The CE shall set time so that it does not pay for meals it cannot serve and claim for reimbursement under the CACFP.

Emergency circumstances at the site precluding utilization of meals are the concern of the CE. The CE may cancel orders provided it gives the Contractor at least 24 hours’ notice or less if mutually agreed upon between the parties to this Contract.

**** CE shall insert the same number as in Section VI, Item 1.D under General Conditions.

Adjustments for emergency situations affecting the Contractor’s ability to deliver meals, or CE’s ability to utilize meals, for periods longer than 24 hours will be mutually worked out between the Contractor and the CE.

11. Renewals

This Contract will be in effect for the period indicated in Section IV, Item 4 to be no more than 12 months, with options to renew yearly, not to exceed four additional years.

Renegotiation of the price charged to the CE will be allowed each year to the extent of the Consumer Price Index for All Urban Consumers, as published by the U.S. Department of

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Labor, Bureau of Labor Statistics, Food Eaten Away from Home National Average and will be allowed only if agreed to and approved in advance by Institution. CPI Fee increases for the upcoming contract renewal year must be documented through a cost analysis and submitted to Institution by April 1 of each year. No other fee increases will be allowed.

12. Termination

a. The CE reserves the right to terminate this Contract if the Contractor fails to comply with any of the terms and conditions of this Contract. In such case, the CE shall notify the Contractor and surety company of specific instances of unsatisfactory performance. If the Contractor does not take immediate corrective action, the CE may require surety to either provide another contractor or CE may negotiate another contract. The CE shall be entitled to negotiate another contract on either a competitive or non-competitive basis. In any case, the defaulting contractor and/or surety company shall be liable to the CE for any difference in price between the new contract and the terminated contract. Prior to termination, the CE shall contact TDA concerning procedures for conducting a re-procurement action.

b. The CE may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found by the CE that gratuities in the form of entertainment, gifts or otherwise were offered or given by the Contractor to an officer or employee of the CE with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending of the Contract; provided that the existence of the facts upon which the CE makes such findings shall be an issue and may be reviewed in any competent court.

c. In the event this contract is terminated as provided in paragraph (B) hereof, the CE shall be entitled to (i) pursue the same remedies against the contractor as it could pursue in the event of the breach of the Contract by the Contractor, and (ii) pursue other damages in an amount which shall not be less than three nor more than ten times the cost incurred by the Contractor in providing any such gratuities to any such officer or employee.

d. The rights and remedies of the CE provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

e. In addition to the foregoing termination provisions, and without any limitation on CE’s rights to terminate the Contract in Section VI, Item 12, “Termination,” either party may terminate this Contract for cause upon providing advance written notice of sixty (60) days to the other party. In the event of a termination for cause, the party to be charged shall have a reasonable period to cure not to exceed thirty (30) days. Failure to cure shall entitle the non-breaching party to continue with termination for cause.

f. This Contract may be terminated by mutual agreement of the parties. Such agreement must be in writing.

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13. Subcontractors and Assignments

The Contractor shall not subcontract for the total meal, with or without milk, or for the assembly of the meal.

Section VII General Provisions and Certifications

The Contractor shall comply with the following provisions and certifications, as applicable.

1. Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

2. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

3. Equal Employment Opportunity Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

4. Davis-Bacon Act as amended (40 U.S.C. 3141-3148) When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and

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Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).

The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

6. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

8. Energy Policy and Conservation Act (Pub. L. 94-163) Contractors shall maintain compliance with mandatory standards and policies relative to energy efficiency contained in the State’s energy efficiency conservation act.

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9. Procurement of Recovered Materials See 2 CFR 200.322 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

10. Civil Rights The contractor shall comply with the following civil rights laws, regulations, and guidance, as amended or revised: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments Act of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; the Americans with Disabilities Act; Title 7 CFR Parts 15, 15a, and 15b; Title 28 CFR Parts 42 and 50; FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities; and FNS directives or regulations issued pursuant to the above listed items, to the effect that, no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the contractor received Federal financial assistance from USDA; and hereby gives assurance that it will immediately take any measures necessary to fulfill this agreement.

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the contractor by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, the contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this

Page 21 of 34 IFB Vended Meals Bid assurance. This assurance is binding on the contractor, its successors, transferees, and assignees if it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the contractor.

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Schedule A Site Information List

CE Program Type: CACFP

Enter site information or attach equivalent information. Read instructions for completion of the site information list on page 25. Attach additional pages as needed.

Contracting Entity (CE)

BakerRipley 02946

CE Address 4450 Harrisburg Blvd, Ste 200 Houston, TX 77011

CE Contact Person Name and Phone number

Adrian Yam – 713-273-3028

Veronica Juarez – 713-273-3016

Site Name and Address

Site Contact Person/Pho ne number

Refrig.

All meals Y or N?

Begin date

End date

Total days operating

Meal type

Est.

meals/day

Total meals

Delivery time for each meal type

Regency Square Head Start

Lana Fazlic/

346-867-

No 8/12/2025 6/18/2026 191 Breakfast 145 145 7:15

AM

Snack

Add number

Add number

Add Time

Lunch 145 145 11:15A M

PM

Snack

145…