Vended Meal Services for:

School Breakfast Program

National School Lunch Program

REQUEST FOR PROPOSALS

FOR

Vended Meals 2026-2027

LEGAL NOTICE

Notice is hereby given that The Museum School of East Dallas intends to examine methods to provide vended meals. Contract pricing for meals and services provided by Vendor to the School shall be based on a fixed fee model.

No offer of intent to enter into a contract with any party for vended food service should be construed from this legal notice. The School will enter into a contract for services only if, in the sole opinion of the School, it is in the School’ best interest to do so.

All costs involved in submitting proposals to the School or alternatives to any current food service program shall be borne in full by the interested party and should be included in a total price for each meal. A copy of the Request for Proposal can be obtained on the School website:. Questions can be directed Loren Colman loren.colman@tmseastdallas.org

The School reserves the right to accept any proposal or a part of any proposal that it deems most favorable to the interest of the School. The School further reserves the right to reject any or all proposals or any portion of any proposal submitted for any reason or no reason and/or that the School determines not to be in the best interest of the School. This Request for Proposal is issued pursuant to 2 C.F.R. 200.320(d).

https://www.etoileacademy.org/ mailto:iharris@fwsteamacademy.org

BACKGROUND

VENDED MEAL SERVICES

PROPOSALS DUE: March

31, 2026

The Museum School of East Dallas located at 1110 Garland Dr Dallas TX 75218 will operate the National School Lunch Program and School Breakfast Program.

School has limited kitchen space/equipment and are seeking a Vendor that can provide prepared, pre-packaged vended meals frozen to be heated or cooked daily. All meals must be reimbursable including all components including milk. The Charter School is a new and expanding program.

Estimated enrollment is 100students in Year 1. The District anticipates annual growth and reserves the right to increase or increase meal quantities. The contract may be awarded for up to one year and renewed for four additional one-year periods before a new solicitation is required. Additional details are provided below in Table 1. The contract will be rewarded by email and posted on website.

INSTRUCTIONS TO VENDORS

Proposal Submission and Withdrawal

At any time before the specified date and time set for proposal opening, a Vendor or an authorized representative may withdraw a submitted proposal by submitting a written request via email to:

No proposal may be altered, amended, or withdrawn after the proposal submission deadline. The Vendor’s authorized representative must sign the Request for Proposal (RFP) Signature Page and include it in the proposal package. Electronic or scanned signatures are acceptable.

All responsive proposals shall include the required forms provided in this RFP package. Vendors may reproduce these forms as necessary. Proposals must be submitted electronically via email only. The email subject line must read: “Proposal for Vended Meals.”Please submit one (1) complete electronic copy of the proposal via email to:Proposals must be received on or before the published deadline date and time stated in this RFP. Late electronic proposal submissions will not be considered under any circumstances.

PROCUREMENT SCHEDULE

• Date Bids Available to the Public:

March, 01 2026

• Deadline for Questions:

March, 10 2026 by 12:00 PM (Noon) All questions must be submitted electronically to loren.colman@tmseastdallas.org

• Questions & Answers Issued:

March, 18 2026 by 12:00 PM (Noon) Responses will be issued in and made available on our website www.tmseastdallas.org (About → Child Nutrition).

all vendors to ensure fair and open competition.

• Proposal Submission Deadline:

March, 31 2026 by 10:00 AM Proposals must be submitted electronically loren.colman@tmseastdallas.orgLate proposals will not be accepted.•

1. It is the responsibility of all Vendors to examine the entire proposal package, seek clarification of any item or requirement that may not be clear to them, and check all information for accuracy before submitting a response.

2. Awards, if any, shall be made with reasonable promptness to the Vendor(s) whose proposal(s) in accordance with the Criteria Evaluation Worksheet best conform to the invitation and will be the most advantageous to the School. The award(s) may be made based on factors other than the lowest price proposal.

3. Notwithstanding any other provision of this Request for Proposal (including all attached documents), the school expressly reserves the right to:

• Waive any insignificant defect or informality in any proposal procedure.

• Reject any or all proposals.

• Reissue a Request for Proposal.

4. A proposal, in response to a Request for Proposal, is an offer to contract with the School based upon the terms, conditions, and specifications of this proposal.

5. Each Vendor shall guarantee to the School that the proposal submitted and the price offered by the Vendor shall remain firm for a period not less than 60 days from the deadline for proposals to be submitted.

6. BY SUBMITTING A PROPOSAL, THE PROPOSER / OFFEROR / VENDOR AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST STEAM Academy , INC., AND ITS DIRECTORS, EMPLOYEES, OR AGENTS

ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, OR

RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION,

PROPOSAL PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY PART

OF ANY PROPOSAL; AND/OR (4) THE AWARD OF A CONTRACT, IF ANY.

7. All questions must be submitted by email to are due no later than March 10 by 12:00 PM CST. All questions and answers will be posted @

8. If a responsible, prospective Vendor does not agree with the award, they may have the right to protest. Please see Appendix B for the School’s Bid Protest Procedures.

9. Contract Award: notice of award to the successful Vendor results in a binding contract without further action required by either party. The School reserves the right to tender its own contract for products or services. The School may not accept, and may reject, any contract or other written agreement submitted by a Respondent as part of its Proposal or offered by the successful Vendor. If the School is willing to consider or needs a contract draft tender from the Respondent, the School will request this from the Respondent, but contract terms must be consistent with this RFP and the School’s standard terms and conditions. Where there is any conflict, this RFP and the School’s standard terms and conditions shall control.

http://www.fwsteamacademy.org/

Specific Terms and Conditions:

I. Qualifications of Vendor:

A. Vendor must be incorporated or licensed to do business in the State of Texas. Vendor must be in good standing with the State of Texas.

B. The Vendor interested in submitting a proposal and providing services to the School under contract should be familiar with the State and federal laws and regulations pertaining to operations in a public school setting and vended meal services under the federal lunch and breakfast program. Vendor must agree to comply with all applicable State and federal laws, regulations, rules, and executive orders.

C. The Vendor must have working knowledge of and be in compliance with all State, county, and city health and sanitation requirements.

D. The Vendor should be presently operating a comparable, successful school lunch and breakfast program, and seamless summer option in a public and/or private school setting that confirms to USDA and TDA meal requirements.

E. The Vendor shall execute an authorization to permit the School to obtain criminal history records on any employee, agent, representative, volunteer, applicant for employment, or other person associated with the Vendor who will perform duties on the School’ property or other location where the ‘School students are regularly present. No employee, agent, representative, volunteer, applicant for employment, or other person associated with the Vendor who has been convicted of a felony or misdemeanor involving moral turpitude shall be permitted to perform services for the School. The Vendor shall certify that it will ensure that this requirement is met.

F. The Vendor must not be indebted to the School.

II. General Provisions:

A. Food Preparation Facilities: Representatives from the School reserve the right to inspect the Vendor’s facilities at any time during the contract and other food service operations under its management during the procurement process or after award of the contract. The Vendor(s) shall make its food preparation facilities available for inspection by USDA, TDA, the School or any other state or local governmental agency with jurisdictional authority.

B. Vehicles and Equipment: The Vendor shall provide all vehicles necessary to transport meals from its food preparation facility(s) to each campus, ensure that the drivers of said vehicles are licensed and its vehicles are adequately insured.

The School shall not assume any liability or responsibility for the bidder’s failure to meet the requirement set forth in this subsection. Vendor shall indemnify School for any accident involving its vehicles and shall also name School as an additional insured on its insurance policies covering the vehicles.

The Charter school shall provide equipment of proper quality and adequate size and in sufficient quantity as necessary for School to serve meals to students. This includes, but is not necessarily limited to: can openers, food warmers, tables, milk coolers, non-disposable scoops and ladles, toasters, microwaves, and all other necessary serving appliances. The vendor shall supply and utensils, cutlery, and other non-food items such as hair nets, aprons, and gloves.

C. Extent of Food Services Required: A reimbursable breakfast and lunch delivered are required to meet Child Nutrition Program requirements, as specified by the U.S. Department of Agriculture. With the participation in the National School Lunch and Breakfast Programs, surplus food commodities are available to use in the breakfast and lunch program – it is the intent of the School that such available items are used through the 21-day menu cycle to the greatest extent possible.

1. Meal Pattern Requirements: In the execution of the contract, the successful Vendor agrees to comply with the regulations set forth in Parts 210 and 220 of Title 7 of the Code of Federal Regulations (“7 CFR”) and Part 200 of 2 CFR.

Importantly, the successful Vendor agrees to comply with the meal requirements for lunches and afterschool snacks promulgated in 7 CFR §210.10 and the meal requirements for breakfasts set forth in 7 CFR §220.8.

Additionally, the successful Vendor agrees to meet or exceed the meal requirements established by the U.S. Department of Agriculture and Texas Department of Agriculture.

2. Vendor will serve reimbursable meals in accordance with the following meal pattern: NSLP lunches must meet the regulations outlined in the final rule (77 FR 4088) titled Nutrition Standards in the National School Lunch and School Breakfast Programs, which was issued as a result of the Healthy, Hunger-Free Kids Act in 2010 and the 2010 Dietary Guidelines for Americans. The meal pattern outlined in this rule is food-based and divided into age/grade groups.

The meal pattern focuses on specific nutrient standards: calories, sodium, and saturated and trans fats.

(Note: See Texas Department of Agriculture Child Nutrition Programs Administrative Reference Manual for menu planning details.)

3. Meal Supplies: The successful respondent(s) shall provide all forks, spoons, napkins, bowls, plates, cups, caps or hair nets, and serving gloves, all of which shall be disposable items at no additional cost to the School. These items shall be used for the sole purpose of serving meals and snacks to students. The successful respondent(s) shall provide the School with a two-week inventory based upon the average daily meals ordered in the previous month plus adjustments for actual increases to the quantity of meals ordered. The successful respondent(s) and the School agree to use all the non- food items supplied by the Vendor and stored by the School for the sole purpose of meeting menu requirements.

The successful respondent(s) and the School agree to use all the food supplied by the Vendor and stored by the Vendor for the sole purpose of meeting menu requirements. This includes, but is not necessarily limited to:

bread, dry cereal, jelly, juice, ketchup, peanut butter, mayonnaise, mustard, and salad dressing. The School shall store all items provided by the Vendor above until consumed.

4. Regarding USDA Donated Foods (Commodities): The Vendor shall purchase, to the maximum extent practicable, domestic commodities or products for use in preparation of the meals served under the resulting contract. All contracts must contain provisions that:the school will receive and store.

a) Prohibit use of USDA donated foods for special functions conducted outside the School food service;

b) Address ordering procedures, proper utilization, storage practices and inventory control;

c) Specify the method and frequency by which the School will be given full value of USDA donated foods. In fixed-price contracts, to document the commodity value-pass-through, the contract should specify that the credits or reductions will be indicated on the invoices to the School;

d) Specify that the Vended Meals Company accepts liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA donated foods;

e) Require that the Vended Meals Company maintain accurate and complete records and proved credit monthly.

f) Retain the right to assert claims against other persons to whom USDA donated foods are delivered for care, handling, or distribution and to take action to obtain restitution in connection with claims for improper distribution, use or loss of, or damage to USDA donated foods.

D. The Vendor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the Texas energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

E. Reimbursable meals will be warmed on-site by designated staff.

F. The reimbursable meals will be prepared offsite, delivered daily or weekly.

the School in prepackaged/unitized containers. Utensils, napkins, straws, and condiments shall be included with the per meal pricing.

G. Reimbursable meals will be transported by the Vendor in accordance with state and local sanitation and temperature requirements and delivered to the School at the stipulated times.

D. Recordkeeping

1. The Vendor shall prepare records, such as delivery tickets, and shall submit records to the School on a monthly basis with its invoice.

2. The vendor will be responsible for maintaining records pertaining to the meal program, including but not limited to CN labels, Product Formulation Statements, Menus, production records, etc.

3. Upon written request from the USDA, TDA, the School or other governmental agency with jurisdictional authority, the Vendor shall produce and make readily available for inspection any and all records relating to this RFP and contract.

4. All documentation or records will be kept on file for a minimum of five years after the contract ends or until all audits and investigations are concluded.

E. The Resulting Contract, if awarded, will contain, without limitation, the following provisions, requirements, or prohibitions:

1. Vendor shall adhere to the free and reduced-price policy requirements as established by USDA.

2. Vendor may make recommendations to the School regarding the quality, extent, and general nature of the food service operation and the prices to be charged for meals and other food, but the School will retain control over such aspects of the food service operation and shall have the right to make the final decisions regarding such matters.

3. Vendor shall comply with the Buy American requirement set forth in 7 C.F.R. § 220.16(d). Section 104(d) amended section 12 of the NSLA (42 U.S.C. 1760) to require SFAs participating in the NSLP and SBP to purchase for those programs, to the maximum extent practicable, domestic commodities or products. For purposes of this provision, the term "domestic food commodity or product" means agricultural commodities produced in the U.S. and food products processed in the U.S. substantially using agricultural commodities that are produced in the U.S. (over 51 percent of the processed food comes from American produced products). The Vendor shall certify the percentage of U.S. content in the products supplied to the SFA. The SFA reserves the right to review

Vendor purchase records to ensure compliance with Buy American provision. The VENDOR shall comply with the Buy American provision for contracts that involve the purchase of food as required by Title 7 CFR, part 210.1-33.

4. If the distributor, supplier, or Vendor is repetitively unable to provide domestic food products, the School may consider this inability to provide domestic food products in determining if the entity is able to fulfill the specifications, technical requirements, and terms and conditions of the contract. It is the School’ responsibility to ensure that food products are sourced domestically. In all cases, the School —not the distributor, supplier, or Vendor—must determine that the use of a non-domestic food product is appropriate. The distributor, supplier, or Vendor may provide information that will assist the School in this determination;

however, the decision to purchase or accept delivery of a non-US product must be made by the School.

5. Requirements:

The SFA participates in meal programs that require the use of nonprofit school food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A ‘domestic commodity or product’ is defined as one that is either produced in the U.S. or is processed in the U. S.

substantially (51 percent or more by weight or volume) using agricultural commodities that are produced in the U. S. as provided in 7 CFR, sections part 210.1-33. The VENDOR must:

6. Submit certification statements for all processed agricultural products. The VENDOR must provide written documentation to the SFA at the time of delivery for each processed agricultural product certifying that the food product was processed 100 percent domestically and that the percentage of domestic content in the food component of the processed food product is over 51 percent, by weight or volume.

OR:

7. Request SFA approval prior to delivering a nondomestic agricultural commodity or product. If the VENDOR cannot comply with #1 above, the VENDOR must notify the SFA in writing 10 days prior to delivering a nondomestic agricultural commodity or product. This written notification must include the following:

• Whether the request to deliver a nondomestic food is because the product is not produced or manufactured domestically in sufficient and reasonably available quantities of a satisfactory quality, or competitive bids reveal the costs of a domestic product are significantly higher than the nondomestic product

• The pricing of both domestic and nondomestic products and/or availability data to justify the use of one of the two allowable exceptions

• A list of alternative domestic substitutes for the SFA to consider for delivery instead of the nondomestic agricultural product

Buy American Non-domestic cap and tracking

School Territory participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practicable, to buy domestic commodities or products for Program meals. A domestic commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR 210.21(d).

. Non-domestic commercial food purchases cannot exceed the following annual cap, which is a percentage of total commercial food costs.

SY 2025 the non domestic commercial food purchase cap is 10% SY 2028-29: 8% cap SY 2031-32:

5% cap

Vendor will track and provide documentation by using the TDA Buy American checklist to maintain approved exceptions found @squaremeals.org or the USDA Buy American Exceptions tracking standard form template which is available at https://www.fns.usda.gov/cn/buy-american-provisions.

The Vendor will retain records to demonstrate compliance with the Buy American provision, including, but not limited to, documenting exceptions, descriptions on delivery invoices and receipts, and compliant product labels.

The contract demonstrates that school has required vendor to apply the standards for the Buy American Provision.

When applicable, the school is required to monitor all USDA Foods. The school will monitor to ensure the vendor is tracking all USDA Commodities.

The Vendor shall be responsible for:

1. Tracking all USDA Foods received and used in meal production on a monthly basis.

2. Providing a detailed monthly commodity usage report to the SFA.

3. Ensuring the full value of USDA Foods is credited to the SFA.

4. Clearly identifying the USDA Foods credit on each monthly invoice.

https://www.fns.usda.gov/cn/buy-american-provisions

1. Vendor shall comply with all applicable environmental rules and regulations in accordance with federal and state law and local code and ordinance.

2. Vendor shall comply with all rules and regulations regarding conflicts of interest, gifts and other disclosures set forth in 2 C.F.R. § 200.318(c)(1); Tex Loc Gov't Code 176. Please see Exhibit F for additional requirements.

3. Vendor shall demonstrate the means to avoid unnecessary or duplicative purchases set forth in 2 C.F.R. § 200.318(d).

4. Vendor shall provide data to be used by the School to support their official counts for federal funding.

5. Vendor shall grant access to the School or any other authorized representatives to any books, documents, papers, and records of the Vendor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions.

6. Contract: Unless otherwise specified, this contract shall be valid from 7/1/2026 through 6/30/2027. This contract may be renewed for up to four additional one-year terms if mutually agreeable to all concerned parties.

7. Penalties: If the Vendor fails to perform and such failure to perform results in the School losing federal funds or having to reimburse funds already received, the Vendor shall owe to the School the amounts lost by the School due to such failure of performance.

3. The Contract will be kept on file for 5 years and will be available for review by the United States Department of Agriculture and the Texas Education Agency and other appropriate State and Federal agencies.

Vendor's Fees, Billing & Payment

1. The charge to the School for the Vendor's per-meal fee is to be clearly identified in the proposal as a total cost per meal for breakfast and a total cost per meal for lunch, as well as seamless summer total cost per meal.

The per-meal fee shall include all of the components of the meal and all Vendor costs incorporated into that fee.

2. Number of meals will be determined based on the School records and the Vendor shall bill the School for meals ordered.

3. The School shall be billed on a monthly basis. Unless a prompt payment discount with a payment term of at least 10 days is offered and accepted by the School, payment terms shall be Net 30 days from date of acceptance or receipt of a properly prepared, accurate and submitted invoice, whichever is later.

4. No payment shall be made for meals that are spoiled or unwholesome at the time of service, do not meet the specifications developed by the School, or do not otherwise meet the requirements of the Contract, if any, entered into pursuant to this proposal; provided however, that no deduction shall be made unless School shall give the Vendor written notification of the meal service for which the deduction is to be made, specifying the number of meals for which School intend to deduct payment and setting forth the reasons for the deduction. School shall provide such notice not later than 5 days after the date the meal was served. The Vendor shall prepare and store at proper temperatures a sample meal for each meal served at the School for the number of days chosen for the written notification period to serve as documentation of these criteria.

5. If any invoices presented for payment are not paid within the number of days specified in the Contract, the charges from the invoice may be subject to a late fee, the terms of which must be outlined in the Contract. Any late fees must be paid from the General Fund. The contract must state that no food service account funds shall be used for payment of interest or late fees. Interest charged to the School by a Vendor for late payment of invoices cannot exceed one percent of the balances of the invoice due, per month, as stipulated by State law.

6. Under Federal law, the School may not consider proposals that include as a form of payment or compensation to the Vendor in which the expenses of the food services accrue to the Vendor, in which the payment is based on a cost plus a percentage of cost basis, or in which the payment is based on cost plus a percentage of income.

Miscellaneous Provisions

a. The Contract shall be governed by, construed by, and enforced in accordance with the laws of the State of Texas, without regard to its choice of law provisions. Exclusive venue shall lie in a court of competent jurisdiction located in County, Texas.

b. If any provision of the Contract becomes or is held volatile of any law or unenforceable, then the invalidity of that provision will not invalidate the remaining provisions.

c. Insurance The Vendor will carry and maintain Workers’ Compensation, General Liability, and Fidelity Bonding Insurance. A Certificate of Insurance (or notarized copy of said certificate) must be furnished with the RFP response. All insurance policies shall name School as additional insured.

Insurance Requirements

Type of Insurance Coverage Coverage Amount

Automotive Public liability insurance of not less than:

Single occurrence for bodily injury or death $ 300,000 (Maximum per person $ 100,000)

Single occurrence of property damage or destruction $ 100,000

Insurance policy must provide protection for non-owned and hired vehicles as well as vehicles owned by the successful respondent(s).

General Liability Comprehensive General Liability Coverage with a limit not less than:

General Aggregate $1,000,000 Each Occurrence $1,000,000

Worker’s Compensation Coverage with a limit of not less than:

Each accident $ 100,000

The successful respondent(s) shall require subcontractors to provide for their employees, unless such employees are covered by a Worker’s Compensation policy furnished by the respondent.

9. Contract Management

a. The School will effectively manage the Contract award by ensuring the following:

i. The School oversees the day-to-day operation and management of the school nutrition program and not the vended meal company which includes managing the counting and claiming/POS, production records and daily operation of the program.

ii. The School is responsible for proper oversight and management of a resulting contract including, but not limited to:

1. Quantities specified are made available and delivered.

2. Delivery times and schedules are being met per contract terms.

3. Product deliveries and/or services are occurring at the correct location if multiple locations are part of the awarded contract.

4. Substitutions of products are being handled as outlined in the Terms and

Conditions and are adequate for the specified product.

5. Vendor response time to product or service issues is appropriate in regard to each situation, if any.

iii. The School will ensure that the use of nonprofit school food service account funds are compliant with federal, state, and local regulations and guidance.

iv. The School will ensure that they do not cover the cost of duplicative services.

b. The School will ensure purchased products and/or services are made as described in the contract.

c. USDA Commodities

i. The Vendor shall fully use, to the maximum extent possible, donated foods made available by the SFA solely for the purpose of providing benefits for the SFA’s nonprofit school food program (7 CFR, Section 210.1-33).

ii. In accordance with 7 CFR, Section 250.53, the Vendor shall comply with the following provisions relating to the use of donated foods, as applicable:

1. The Vendor must credit the SFA for the value of all donated foods (including both entitlement and bonus foods) received for use in the SFA's meal service in the school year or fiscal year. The credit must include the value of donated foods contained in processed end products if the Vendor procures processed end products on behalf of the SFA, or acts as an intermediary in passing on the donated foods value of processed end products to the SFA (7 CFR, Section 250.51[a]).

2. The Vendor shall account for the full value of donated foods (7 CFR, Section 250.51) by:

a. Subtracting the value of all donated foods received for use in the SFA’s food service from the SFA’s (monthly/quarterly) invoice, and

b. Using the Average Price File for the school year in which the donated foods are received by the SFA. This listing is available from the USDA Food Distribution web page at:

i. http://www.fns.usda.gov/fdd/processor-pricing-reports.

iii. The Vendor will be responsible for any activities relating to donated foods in accordance with 7 CFR, Section 250.50(d), as applicable, and will ensure that such activities are performed in accordance with the applicable requirements in 7 CFR, Part 250.

iv. The Vendor shall accept liability for any negligence on its part that results in any loss of, improper use of, or damage to donated foods.

v. The Vendor must use all donated beef, pork, and all processed end products, in the http://www.fns.usda.gov/fdd/processor-pricing-reports recipient agency’s food service, and must use all other donated foods, or commercially purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the donated foods, in the recipient agency’s food service (unless the contract specifically stipulates that the donated food, and not such commercial substitutes, be used) (7 CFR, Section 250.51[d]).

vi. The Vendor shall ensure that the processing agreement’s value will be used in crediting the SFA for the value of donated foods contained in end products (7 CFR, Section 250.53[a][7]).

vii. The method and frequency of crediting donated foods will be in accordance with 7 CFR, Section 250.51(b). The Vendor must ensure that it follows the negotiated method and frequency of crediting agreed upon by the parties.

viii. The Vendor will provide assurance that it will not itself enter into the processing agreement with the processor required in subpart C of 7 CFR, Part 250 (7 CFR, Section 250.53[a][8]).

ix. The Vendor will provide assurance that it will comply with the storage and inventory requirements for donated foods (7 CFR, Section 250.53[a][9]).

x. The Vendor will maintain records to document its compliance with requirements relating to donated foods, in accordance with 7 CFR, Section 250.54(b).

10. Additional Terms and Conditions. The Resulting Contract, if awarded, will contain, without limitation, the following terms and conditions:

a. Background Checks Vendor must certify to the School and/or coordinate with the School to ensure that an appropriate criminal history record information review as required by Texas Education Code § 22.0834 is conducted for Vendor and any of Vendor’s personnel who will have continuing duties related to this Agreement and will have direct contact with students. Records of compliance with Texas Education Code § 22.0834 will be available to the School for inspection and review during normal business hours of Vendor and upon request of the School or governmental authorities.

b. Student Information Vendor acknowledges and agrees that certain federal and state laws protect the privacy interests of students and parents with regard to educational and health records maintained by the School, including, without limitation, the Family Educational Rights and Privacy Act (“FERPA”), 20 USC § 1232g, and the Health Insurance Portability Accountability Act of 1996 (“HIPAA”) Pub. L. No. 104-191, 110 Stat. 1936. The School may determine that the successful respondent has a legitimate educational interest in the educational records, as that term is defined under FERPA, of the School’s students, and the successful respondent is an agent of the School solely for the purpose of providing services to the School. The selected Vendor and the selected Vendor’s personnel, if any, shall maintain the confidentiality of student and medical records and comply with the requirements of FERPA, HIPAA, and all other applicable law with respect to the privacy of student records. This provision shall survive the termination of any agreement between the School and the successful respondent. Upon the termination of any agreement between the School and the successful Vendor, the successful Vendor will return to the School all student records, documentation, and other items that were used, created, or controlled by the Vendor.

c. Scope of Agreement This Agreement constitutes the final, complete and entire agreement between the Parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the Parties, whether written or oral. There are no representations or other agreements included. Any alteration or modification of this Agreement shall be effective only if it is in writing, signed, and dated by the Parties.

d. Severability In the event that any provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, then in lieu of such invalid, illegal, or unenforceable provision there shall be added automatically as a part of this Agreement a valid, legal, and enforceable substitute provision that most nearly reflects the original intent of the Parties, and all provisions hereof shall remain in full force and effect and shall be liberally construed in order to carry out the intentions of the Parties hereto as nearly as may be possible. Such invalidity, illegality, or unenforceability shall not affect any other provisions contained in this Agreement.

e. Indemnification Vendor will indemnify, protect, defend, and hold harmless the School and it officers, employees, agents, subcontractors, and consultants in their official and individual capacities (collectively, the “School Indemnitees”) from and against all damages, losses, liens, causes of action, suits, judgments, expenses, and other claims of any nature, kind, or description, including attorneys’ fees incurred in investigating, defending, or settling any of the foregoing by any person or entity, arising out of, caused by, or resulting from Vendor’s performance under or breach of this Agreement and that are caused in whole or in part by any act or omission, including any negligent act, negligent omission or willful misconduct of Vendor, any one directly employed by Vendor, or anyone for whose acts Vendor may be liable. The provisions of this section will not be construed to eliminate or reduce any other indemnification or right which any School Indemnitee has by law or equity. All parties will be entitled to be represented by counsel at their own expense. This provision shall survive termination of this Agreement and shall be binding on the Parties and their successors, representatives, and assigns and cannot be waived or varied.

f. Governmental Immunity

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, VENDOR

ACKNOWLEDGES, STIPULATES, AND AGREES THAT NOTHING IN THIS AGREEMENT SHALL BE

CONSTRUED AS A WAIVER OF ANY DEFENSE AVAILABLE TO THE SCHOOL, INCLUDING BUT

NOT LIMITED TO ANY STATUTORY OR GOVERNMENTAL IMMUNITY AVAILABLE TO THE

SCHOOL UNDER APPLICABLE LAW.

g. Limitations

THE PARTIES ARE AWARE THAT THERE ARE CONSTITUTIONAL AND STATUTORY LIMITATIONS

ON THE AUTHORITY OF THE SCHOOL (A PUBLIC SCHOOL) TO ENTER INTO CERTAIN TERMS

AND CONDITIONS OF THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE TERMS

AND CONDITIONS RELATING TO LIENS ON THE SCHOOL'S PROPERTY; DISCLAIMERS AND

LIMITATIONS OF WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR

DAMAGES; WAIVERS, DISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, REMEDIES,

REQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTION;

GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER PARTY; LIABILITY FOR

ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEYS' FEES; DISPUTE

RESOLUTION; INDEMNITIES; AND CONFIDENTIALITY (COLLECTIVELY, THE "LIMITATIONS"),

AND TERMS AND CONDITIONS RELATED TO THE LIMITATIONS WILL NOT BE BINDING ON

THE SCHOOL EXCEPT TO THE EXTENT AUTHORIZED BY THE LAWS AND CONSTITUTION OF

THE STATE OF TEXAS.

h. Notice Concerning Withholding of Taxes:

Vendor recognizes and understands that it will receive an IRS 1099 statement and related tax statements, and will be required to file individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Vendor hereby promises and agrees to indemnify the School for any damages or expenses, including attorney's fees, and legal expenses, if any, incurred by the School as a result of Vendor's failure to make such required payments.

i. Assignment This Agreement may not be assigned by either party without the prior consent of both Parties. Any attempted assignment or delegation by the Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

j. Waiver The waiver by any party of any breach of any term, covenant or condition contained herein shall not be deemed a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition contained herein.

k. Amendments No amendments at anytime.

L.Fund Availability Any contract resulting from this solicitation is contingent upon the continued availability of appropriations and is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the School’s Board of Directors or otherwise not made available to the School.

M. Loss of Funding and Commitment of Current Revenue Termination of this Agreement under this paragraph is to be considered Termination for Non-Appropriation of Funds. The School shall have the continuing right to terminate this Agreement at the end of each fiscal year or end of the special revenue fund or grant during the term of the Agreement with regard to any services to be performed after the end of such fiscal year or end of the special revenue fund or grant, without the School incurring any liability to Vendor as a result of such termination, including early termination charges. If the School terminates this Agreement pursuant to this paragraph, Vendor will have the right to collect and retain payment for services rendered to the School through termination date but shall not be entitled to any early termination charges.

N. Enforcement It is acknowledged and agreed that Vendor’s services to the School are unique, which gives Vendor a peculiar value to the School and for the loss of which the School cannot be reasonably or adequately compensated in damages. Accordingly, Vendor acknowledges and agrees that a breach by Vendor of the provisions hereof will cause the Vendor irreparable injury and damage. Vendor therefore expressly agrees that the School shall be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of an agreement arising from this RFP, but only if the School is not in breach of any such agreement.

O. Waivers No claim or right arising out of a breach of any contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

P. Gratuities The School may, by written notice to the Vendor, cancel any agreement without liability to the School if it is determined by the School that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Vendor, or any agent or representative of the Vendor, to any officer or employee of the Vendor with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performing of such a contract. In the event this contract is cancelled by the School pursuant to this provision, the School shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the contractor in providing such gratuities.

Q. Debarment and Suspension

Neither the Vendor nor any of its officers, directors, owners, members, employees or agents is listed on the General Services Administration’s List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.

12549 and E.O. 12689—Debarment and Suspension. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.

R. Rights to Inventions Made Under a Contract or Agreement The Vendor acknowledges and agrees that any intellectual property, processes, procedures or product developed in furtherance of a contract between the successful Vendor and the School belongs to the School as work-for-hire and all rights are reserved by the School and/or the federal government in accordance with applicable federal law.

S. Ineligibility for Nonpayment of Child Support Pursuant to Texas Family Code §231.006(d), regarding child support, the Vendor certifies that the bidder is not ineligible to receive funds under a contract paid by state funds and acknowledges that any agreement between the successful Vendor and the School may be terminated and payment may be withheld if this certification is inaccurate.

T. Confidential Information The Vendor and the School agree to hold each party’s Confidential Information in confidence during the term of this contract and thereafter.

The Vendor and the School will use reasonable security measures to protect confidential information from unauthorized access, use or disclosure to ensure confidential information is not disclosed or distributed in violation of the terms of this contract. Immediately upon the termination or expiration of this contract the Vendor and Charter School shall return to each other ay copies of confidential information produced to them and will destroy all other copies of confidential information in all forms, partial and complete, in all types of media and computer memory, and whether modified or merged into other materials.

U. Termination Either party may terminate this contract with or without cause by providing sixty days written notice in advance of termination.

RFP SPECIFICATIONS

The purpose of the Request for Proposal is to obtain complete data, from each interested Vendor, to be considered in the award of the vended meals contract for the food service program to enable the School to determine which Vendor is best able to meet the criteria of the School.

Vended Meals RFP – Vendor Submission Checklist

Exhibit A Certification of Acknowledgement

Exhibit B Pricing Sheet Cost Fee Proposal Table

Exhibit C Reference Form provides 3

Exhibit D Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion

Exhibit E Non-Collusion Statement

Exhibit F Certification Regarding Lobbying

Exhibit G Menus

Exhibit H Criminal History Review of Contract Employees

Exhibit I Conflict of Interest Form

Exhibit J Child Support Certification

Exhibit K Federal Contract Provisions

Exhibit L Non-discrimination certification

Exhibit M Clean air and water certification

Exhibit N Need Health Certifications/food safety/sanitation Description and location of facility

Exhibit O 1 sample breakfast food production record. Menu food production website

Vendor Name:

Authorized Signature:

Date:

A. Evaluation of Proposals (see attached Evaluation Worksheet). A proposal will only be accepted if the Vendor has the ability to perform successfully under the terms and conditions of this Request for Proposal and the bidder conforms to all the material terms and conditions of this Request for Proposal. Consideration will be given to such matters as the Vendor's integrity, compliance with public policy, record of past performance, and financial and technical resources. A contract(s) will be awarded to the Vendor whose proposal is the most advantageous to the School, as determined by the School, with price and other relevant factors as described below considered.

1. In compliance with 2 C.F.R. § 200.321, the School must take necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible.

2. The School reserves the right to accept or reject any or all proposals as may be deemed in the best interest of the School and/or as otherwise required by applicable law. The School will evaluate all proposals according to a set of criteria that is scored and specified as to importance in the overall evaluation process as outlined on the Criteria Evaluation Worksheet.

3. The School reserves the right to approve the selection of any of the Vendor’s employees assigned to work in the School or to request reassignment of any Vendor employees at the School’ sole discretion.

4. Vendor must further agree to comply with and provide service for any accommodated meal requirements of students in accordance with applicable federal and State law as determined by the School.

5. Vendor must make substitutions in the food components of the meal pattern for students with disabilities when their disability restricts their diet as stated in the students’ Individual Educational Plans (IEPs) or 504 Plans and when the need for the substitution is certified by an appropriately licensed medical practitioner.

Substitutions for disability reasons must be made on a case-by-case basis only when supported by a written statement of the need for substitutions that includes recommended alternate foods unless otherwise exempted by Food and Nutrition Service (FNS). Such a statement must be signed by an appropriately licensed medical practitioner (reference: 7 CFR § part 210.1-33; SP 40-2017; SP 26-2017; and SP 59-2016). The Vendor may make a substitution for those nondisabled students who are unable to consume regular breakfast or lunch because of medical or other special dietary needs. Accommodations for special dietary needs for students without medical disabilities are a Contracting Entity (CE) decision. If a substitution is made to accommodate the special dietary needs of one student, the same accommodation must be made for all students with the same dietary need (reference: 7 CFR § part 210.1-33). There will be no additional charge to the student for such substitutions. (USDA, “Accommodating Children with Special Dietary Needs in the School Nutrition Programs Guidance for School Food Service Staff”.)

6. Vendor shall make substitutions for fluid milk for non-disabled students who cannot consume fluid milk due to medical or special dietary needs. Substitutions shall be made when a medical authority or student’s parent or legal guardian submits a written request for a fluid milk substitute identifying the medical or other special dietary need that restricts the student’s diet. Notification of fluid milk substitutions shall remain in effect until the medical authority or the student’s parent or legal guardian revokes such request in writing, or CE changes its substitution policy for non-disabled students. Fluid milk substitutes shall provide nutrients as required by federal and state regulations. There will be no additional charge to the student for such substitutions. (Reference 7 CFR § part 210.1-33)

CRITERIA EVALUATION WORKSHEET

The evaluation of proposals will be based on following criteria and scored in following manner:

I. Mandatory Criteria

Proposals will not be considered for further evaluation unless there is compliance with all of the following criteria. The proposing Vendor:

A. Must be properly incorporated or licensed to do business in the State of Texas and in good standing with the State of Texas.

B. Must have working knowledge of and be in compliance with all State, county, and city health and sanitation requirements. The Vendor must provide a copy of a current state or local health certificate for each food preparation facility that it will utilize for this RFP.

C. Must not have a record of substandard work or have been debarred by any federal or state government agency or other agency of local government or schools.

D. Must submit Breakfast example production record, and production record website.

E. Must submit rotating menus for the first 4 weeks for breakfast and lunch K-5 meal pattern. These are the menus that must be served the first 21 days of school and can be changed thereafter with the school's consent.

F. Must provide prepackaged, ready-to-serve meals. Or prepacked frozen to be heated and served.

Proposals will be opened on or after the date and time specified in the RFP Schedule. During the evaluation process, the SFA may ask Respondents to clarify information in the proposals, but Respondents may not change their proposals.

An error in the proposal may cause the SFA…