Solicitation #

R8FPC072026

DUE NO LATER THAN 2:00 PM (CST)

LATE BIDS WILL NOT BE ACCEPTED

Region 8 Education Service Center (Region 8 ESC) Solicitation Cover Sheet

Request for Proposal (RFP): General Grocery & Related Categories

Company Name

Company Address

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Taxpayer I.D. #

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Billing Address if different from above

Authorized Representative Name

Authorized Representative Signature

RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE

Your signature attests to your offer to provide the goods and/or services in this solicitation according to the published provisions of this solicitation. Contract is not valid until the Region 8 ESC Board of Directors has approved the award.

REGION 8 ESC

REQUEST FOR PROPOSAL

#R8FPC072026

SY 26-27

Table of Contents

General Grocery & Related Categories RFP #R8FPC012026

Region 8 ESC will accept sealed proposals either by mail or hand delivery until Friday, May 08, 2026 at 2:00 PM. Please make certain that the Solicitation number is written clearly on the front of your envelope/box. Proposals received after the opening date and time will not be accepted.

Submission Package must include:

· One (1) Original marked “ORIGINAL” and signed in Blue Ink

· One (1) Electronic copy on a flash drive

· Specifications/Pricing in Excel format included in your flash drive Mail to: Region 8 ESC Attn: Karyn Buckner 4845 US Hwy 271 North Pittsburg, Texas 75686 For additional information contact Karyn Buckner in writing kbuckner@reg.net

The members of Region 8 Food Cooperative will make final recommendation to the Region 8 ESC Board. Award of the proposal will take place at a public Region 8 ESC board meeting. The Board of Region 8 ESC reserves the right to accept, reject in part or in whole, any and/or all proposals, waive minor technicalities, to award contracts for individual items as they may appear advantageous to the Region 8 ESC and its members or to award the proposal to the most responsible offeror which best serves the interest of the Region 8 ESC and its members. The Region 8 Board will place primary consideration of the member recommendation for all RFP’s concerning the Region 8 Food Cooperative. The Region 8 Food Cooperative works to connect K-12 schools and local food producers to improve student nutrition, provide agriculture and nutrition opportunities and support local and regional farmers. Food Cooperative. The Region 8 Food Cooperative works to connect K-12 schools and local food producers to improve student nutrition, provide agriculture and nutrition opportunities and support local and regional farmers.

Education Service Center seeks Request for Proposals from firms to perform a variety of services, upon request, related to the efficient and economical operation of public organizations such as regional education service centers, school districts, charter schools, and other governmental entities. The Region 8 Food Cooperative works to connect k-12 schools and local food producers to improve student nutrition, provide agriculture and nutrition opportunities and support local and regional farmers.

Texas Education Code 44.031 Purchasing and Acquisition, ESC 8 Policy CH (Legal) Purchasing and Acquisition, ESC 8 Policy CH (Local) United States Department of Agriculture, Texas Department of Agriculture and the Federal CFR related to school lunch programs.

Region 8 ESC reserves the right to award this contract as best meets the district needs to include by line items, group, single, dual or multiple award.

STANDARD TERMS AND CONDITIONS

GENERAL GROCERY & RELATED CATEGORIES

The words “bids,” “request for proposals,” “quotes,” RFPs,” solicitation,” procurement,” and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, requests for proposals, quotes, competitive sealed quotes, and other procurement solicitations to which they are attached. The term “vendor” means each awarded vendor chosen by Region 8 Education Service Center.

These Standard Terms and Conditions are part of the final contract in each commodity and/or service contract and are part of the terms and conditions of each purchase order or other bid/proposal forms issued in connection with this solicitation.

Region 8 ESC may be unable to determine which of its agreements/contracts will be used by cooperative members using Federal funds at the time of the procurement process, Region 8 ESC intends to comply with Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards 2 C.F.R. § 200.318-326, for every procurement action.

Contracts awarded pursuant to this RFP comply with the Education Department General Administrative Regulations (EDGAR), 2 C.F.R. § 200.318-326. It is the intent of Region 8 ESC to comply with the most restrictive federal (EDGAR) or state (FARSG) rule or regulation, and Region 8 ESC intends to conduct a cost or price analysis in connection with every procurement action using federal funds. Each member shall conduct a cost or price analysis in connection with the awarded contracts to ensure their district is utilizing federal funds to the best interest of their district. Region 8 ESC will not be responsible for ensuring individual district’s decisions are in the individual district’s best interest.

This Agreement is entered into between Region 8 Education Service Center (Region 8 ESC), on behalf of its purchasing cooperative members, and Vendor having submitted a proposal in response to a procurement solicitation issued by Region 8 ESC and whose proposal has been accepted and awarded by Region 8 ESC. In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Region 8 ESC and Vendor, intending to be legally bound, and subject to the terms, conditions, special considerations and provisions of this Agreement, agree as follows:

1. PROCUREMENT METHOD:

Region 8 ESC is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code Section 44.031(3) Purchasing Contracts, Request for Proposals for services other than construction services.

· GPO UTILIZATION: Respondent’s election to utilize a GPO is their sole discretion. Region 8 ESC Food Cooperative, its members or Region 8 ESC will not participate in the utilization of a GPO for a single respondent. Respondent assumes all responsibility for use of a GPO, free from correlation on any part with this RFP, its owners or its member districts, who shall not participate or assist any respondent in the GPO process. Region 8 ESC presents a “hold harmless” in regard to election of utilization of a GPO by respondent. Any respondent who offers pricing secured through a GPO, must hold pricing for the bid term as cited in this RFP.

2. ESTIMATED QUANTITIES/FORECASTING:

The good(s) and/or service(s) to be purchased under the awarded contract, if any, may be of indefinite delivery and indefinite quantity (IDIQ). The listed items are commonly acquired items and prices and product specifications will be used to determine best value. Region 8 ESC, and its cooperative members, makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. Region 8 ESC, and its cooperative members, makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation. Quantities specified are per unit of measure listed in the proposal solicitation and are only a good faith” estimate of quantities that may be purchased.

3. AWARD OF CONTRACT:

In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the responsible Vendor(s) whose proposal(s) is/are determined after evaluation by Region 8 ESC, and/or its cooperative members, to be the best value, best response to meet the needs of the member districts including but not limited to pricing. Any vendor attempting to participate in a “low ball” bid will not be considered a reliable respondent. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document.

Copyrighted proposals are unacceptable and may be disqualified. Potential vendors should be willing to negotiate during the contract term areas such as and not limited to, quantity and scope of the products and/or services to be provided, deliveries, shipments, items and/or addition or removal of products in the best interest of both parties upon mutual agreement of an approximate +/-10% which shall prevent a material change.

4. RIGHTS RESERVED BY REGION 8 ESC AND RESTRICTIONS ON RFP PROCESS:

a. Region 8 ESC reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals, and institute an emergency renewal of existing contracts if, all attempts at negotiations fail and the best interest of Region 8 ESC and/or its purchasing cooperative members is not provided in the responses received.

b. Conduct oral interviews/discussions or presentations necessary to select the best value, products and/or services from potential Vendor and/or to obtain competitive pricing.

c. Region 8 ESC reserves the right to reject in part or in whole, any and/or all proposals, to award contracts for individual products and/or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of Region 8 ESC and/or its purchasing cooperative members.

d. Region 8 ESC further reserves the right to accept, reject or negotiate modifications in any terms of a proposed vendor’s proposal or any parts thereof, including items, products or services as deemed necessary throughout the term of the contract.

e. Region 8 ESC further reserves the right to waive any formalities or technicalities if deemed in the best interest of Region 8 ESC and/or its purchasing cooperative members.

f. Region 8 ESC also reserves the right as sole judge of quality and equality, vendor, broker or manufacturer will not assume or participate in this process. R8FPC cooperative members will serve as decision makers in regard to this process for their individual districts for the purpose of satisfying the needs of their individual programs.

g. Region 8 ESC further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors or proposers. The decision to award multiple contracts, award only one contract, or to make no awards, rests solely with Region 8 ESC, Region 8 ESC Food Cooperative and/or its members. Region 8 ESC may make multiple awards; this should be taken into consideration by each proposer.

5. FINANCIAL RESPONSIBILITY:

Region 8 ESC assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a proposal or any amendments or addenda, participating in bid conferences, participating in any negotiation sessions or discussions, or any other costs incurred by proposers prior to award of a Contract/Agreement pursuant to this RFP.

6. AGREEMENT TERMS:

The terms of this Agreement shall govern all procurements conducted here under. No pre-established terms on the Vendor’s order acknowledgments, invoices, or other forms shall have any force or effect. Further, no amendment of this Agreement shall be permitted unless first approved in writing from Region 8 ESC, and no such amendments shall have any effect unless and until a written amendment to this Agreement is executed by Region 8 ESC.

7. ADDENDUM:

Any interpretations, corrections, additions or changes to this RFP will be communicated to proposers by the issuance of an addendum. It is the responsibility of the proposer, prior to submitting the proposal, to determine whether an addendum was issued. All proposers shall comply with the requirements specified in any addendum issued by Region 8 ESC.

8. CLARIFICATIONS:

Region 8 ESC may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change or modify its proposal in any way except to the extent of correction of the error. Discussion between Region 8 ESC and Vendor can also take place after the initial receipt of proposals. Region 8 ESC reserves the right to conduct discussions with all, some or none of the Vendors submitting proposals. Region 8 ESC will not assist the Vendor in the completion, revision or modification of its proposal and proposer shall not request the assistance of any member of Region 8 ESC cooperative in the procurement process regarding this contract. This is offered as a right to negotiation of proposal in all areas with the exception of pricing. No negotiation or discussion of pricing will be offered.

9. ASSIGNMENT DELEGATION:

Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of Region 8 ESC. Any attempted assignment of this Agreement by Vendor shall be null and void. Any purchase or work order made as a result of this Agreement may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of Region 8 ESC. Vendor is required to notify Region 8 ESC when any material change in operations occurs, including but not limited to, changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within thirty (30) business days of such change.

10. PROHIBITION AGAINST CONTACT:

Vendors shall restrict all contact with Region 8 ESC, and its cooperative members, and direct all questions regarding this RFP to the Point of Contact specified in this solicitation. Do not contact members of the Board of Trustees, the Executive Director or other employees of the Region 8 Education Service Center or any cooperative member representative. Contact with any of these prohibited individuals after issuance of the RFP and before execution of a contract, may result in disqualification of your Proposal. Vendor must make every attempt to not communicate with Region 8 ESC employees and/or cooperative members regarding this proposal but, currently awarded proposer may continue to service existing contracts through effective date of contract expiration.

11. CONFLICT OF INTEREST:

No employee, officer, or agent may participate in the planning, advertising, selecting, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. See 2 CFR § 200.318(c)(1). Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm consideration for a contract. Chapter 176 of the Local Government Code requires any Vendor that does business Region 8 ESC, and/or its cooperative members, to complete a Conflict of Interest Questionnaire (Form CIQ) in the following situations:

The vendor has a business relationship with a local governmental entity and:

a. Has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer;

b. Has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with an aggregate value of more than $100 in the 12-month period (excludes food);

c. Has a family relationship with a local government officer of that local governmental entity; or

d. The amount of a contract that is either executed or under consideration between the vendor and that local governmental entity exceeds $1 million. The completed conflict of interest questionnaire must be filed with the Region 8 ESC Food Purchasing Office not later than the seventh business day after the later of the date that the vendor:

i. Begins discussions or negotiations to enter into a contract with the local governmental entity; or

ii. Submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

iii. An employment or other business relationship with a local government officer, or a family member of the officer;

iv. Giving one or more gifts, as defined above; or

v. A family relationship with a local government officer.

e. The vendor filing the questionnaire must:

i. Describe each employment or business and family relationship the vendor has with each local government officer of the local governmental entity;

ii. Identify each employment or business relationship with respect to which the local government officer receives, or is likely to receive, taxable income, other than investment income, from the vendor;

iii. Identify each employment or business relationship with respect to which the vendor receives, or is likely to receive, taxable income, other than investment income, that:

iv. Is received from, or at the direction of, a local government officer of the local governmental entity; and b. Is not received from the local governmental entity; and

v. Describe each employment or business relationship with a corporation or other business entity with respect to which a local government officer of the local governmental entity:

vi. Serves as an officer or director; or

vii. Holds an ownership interest of one percent or more. If no conflict of interest exists, you must type “N/A” on Box 1 of the Form CIQ, sign it, and date it. A vendor shall file an updated completed questionnaire with the Region 8 ESC Business Office not later than the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate.

f. The Region 8 ESC Business Office shall:

i. Maintain a list of local government officers of the local governmental entity and shall make that list available to the public and any vendor who may be required to file a conflict of interest questionnaire; and

ii. Maintain the statements and questionnaires that are required to be filed under this chapter in accordance with the local governmental entity's records retention schedule. In addition, Chapter 176 of the Local Government Code requires a local government officer to file a Conflict of Interest Disclosure (Form CIS) with respect to a Vendor if:

g. The Vendor enters into a contract with the local government entity or the local governmental entity is considering entering into a contract with the vendor, AND The Vendor has:

i. An employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family receiving taxable income, other than investment income, that exceeds $2,500 during the 12-months preceding the date that the officer becomes aware that:

ii. A contract between the local governmental entity and Vendor has been executed; or

iii. The local governmental entity is considering entering into a contract with the Vendor;

h. Has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

i. A contract between the local governmental entity and Vendor has been executed; or

ii. The local governmental entity is considering entering into a contract with the Vendor; or

iii. Has a family relationship with the local government officer

i. Region 8 ESC current Board of Directors include: Dr. Dennis Townsend, Mr. James Morton, Ms. Mickey Allen, Dr. Mike Jansen, Mr. Marc McDaniel, Ms. Sandra Billodeau, Ms. Margaret Davis, Region 8 ESC current local government officers include, but not limited to: Dr. David Fitts, Heather McGregor, Michele Leach and Karyn Buckner.

j. Failure to comply with Chapter 176 of the Local Government Code requirements is an offense:

1. Class C misdemeanor if the contract amount is less than $1 million;

2. Class B misdemeanor if the contract amount is at least $1 million but less than $5 million; or

3. Class A misdemeanor if the contract amount is at least $5 million. The governing body of a local governmental entity may, at its discretion, declare a contract void if the governing body determines that a violation of Chapter 176 of the Local Government Code has occurred.

12. NON-COLLUSION:

By submitting an offer, Vendor affirms that the Contractor, including its officers, employees, or agents, has not prepared it’s submitted offer in collusion with any other bidder participation in this procurement solicitation and that the contents of their submittal have not been communicated by the offeror nor by any employee, officer or agent of the offeror to any other person engaged in this type business prior to the official submission deadline. The vendor, by submitting this proposal, certifies and represents to Region 8 ESC that the Vendor has not offered, conferred or agreed to confer any pecuniary benefit, as defined by §1.07(a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this procurement solicitation; the Vendor also certifies and represents that Vendor has not offered, conferred or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion concerning this procurement solicitation; the Vendor certifies and represents that the Vendor has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of the Region 8 ESC, or its cooperative members, concerning this bid on the basis of any consideration not authorized by law; the Vendor also certifies and represents that the Vendor has not received any information not available to other Vendors so as to give the undersigned a preferential advantage with respect to this bid; the Vendor further certifies and represents that Vendor has not violated any state, federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that the Vendor will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value to any officer, trustee, agent or employee of Region 8 ESC, or its cooperative members, in return for the person having exercised the person's official discretion, power or duty with respect to this bid; the Vendor certifies and represents that it has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the Region 8 ESC, or its cooperative members, in connection with information regarding this procurement solicitation, the submission of this RFP, the award of this RFP or the performance, delivery or sale pursuant to this RFP.

13. DISQUALIFICATION:

A Vendor may be disqualified before or after the proposals are opened, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.

14. DEVIATIONS AND EXCEPTIONS:

All proposals must include a detailed statement of exceptions taken to any part of the request. Any deviations from this procurement solicitation must be noted on the Deviations and Exceptions Form. Deviations or exceptions stipulated in a Vendor’s response may result in disqualification. Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified.

15. SPECIFICATIONS:

Specifications may be those developed by the Region 8 ESC, and/or its cooperative members, to represent items of regularly manufactured products.

a. Region 8 Education Service Center specifications have been developed by the Food Purchasing Cooperative Manager or members to show minimal standards as to the usage, materials, and contents based on their needs.

b. Manufacturer's specifications, when used by the Region 8 Education Service Center, are to be considered informative to give the bidder information as to the type and kind requested. Proposals on any reputable manufacturers regularly produced product of such items similar and substantially equivalent will be considered,

c. If any conflict exists, specification will override referenced brand. Compliance with all specifications and conditions is required. All proposals must include a detailed statement of exceptions taken to any part of the request.

16. EQUIVALENT CLAUSE:

Whenever an article or material is defined in this solicitation by describing a proprietary product, or by using the name of a manufacturer, brand name or vendor, the term “or equal, or pre-approved equal, or approved equal”, if not inserted, shall be implied (as applicable). The specified article or material shall be understood as indicating type, necessity, minimum standard, product and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, standard and product (as applicable). Region 8 reserves the right to qualify/disqualify products offered for any/all products offered. Preferred brand is listed with an * (asterisk) and provides forecasting based upon specific brand, product requested. Equivalent of Preferred brand must be discussed prior to bid closing date as negotiations of products may continue for 30 days after bid opening. Negotiated product must meet specifications of identical origin as many may be requested to reduce sodium, allergens or meet specific age/grade and/or program needs. Region 8 ESC may specify a list of approved brands as part of a specification and/or technical requirement in order to demonstrate what types of products are acceptable. CE’s shall test and approve brands that meet their standards and student preferences. The object of testing must not be to determine the best product on the market but rather to determine which products are of acceptable quality to meet the needs of the program. Product testing procedures shall provide for an objective evaluation of tested products, and documentation of test results must be maintained on file with the CE. These requests for brand specific products are allowed through Section 17, Administrator’s Reference Manual, Pages 33 and 47. https://squaremeals.org/Programs/National-School-Lunch-Program/Policy-ARM/u9212q/736563nm 74696F6E203137

17. SAMPLES:

Samples may be requested, and are to be delivered by the bidder to the attention of the Purchasing Manager, 4845 U.S. Hwy. 271 N., Pittsburg, Texas 75686, or other location designated by the Purchasing Manager, for examination of such samples.

a. Notification of sample delivery must be sent to the Purchasing Manager via email and provide estimated delivery date, delivery tracking information, if applicable, actual delivery date, and who signed to accept delivery.

b. Samples needed for a proposal to be evaluated properly must be delivered within ten (10) working days from the time the vendor is notified.

c. Each sample must be clearly marked to show the bidder’s name, address, proposal title and proposal item number for which the sample is being proposed.

d. Sample items from the successful bidder may be retained for the purpose of determining that the quality and workmanship of the delivered items comparable to the sample.

18. RESPONSIVE PROPOSAL:

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this procurement solicitation.

19. RESPONSIBLE VENDOR:

A Vendor with adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the products and/or services herein, and have an adequate number of trained personnel to ensure quality and performance and completion of contract within the specified time period.

20. UNRESPONSIVE VENDORS:

Proposals from unresponsive vendors will not be accepted. Vendors having a history of inconsistent service and unreliability will not be considered by Region 8 ESC to be a responsible bidder.

21. PENALTIES:

If Vendor is unable to provide the goods or services at the prices quoted in Vendor’s proposal or if Vendor fails to fulfill or abide by the terms and conditions of the Agreement, Region 8 ESC may take the following action(s):

a. Insist that Vendor honor the quoted price(s) specified in the Vendor’s proposal;

b. Have Vendor pay the difference between Vendor’s price and the price of the next acceptable proposal, as determined by Region 8 ESC;

c. Have Vendor pay the difference between Vendor’s price and the actual purchase price of the good or service on the open market; and/or

d. Require vendor to offer a pre-approved equivalent by Region 8 ESC for the vendor’s price on the original item. This is not offered as an exception to provide awarded items; it is an option for products which cannot be continued as offered.

e. Recommend that Vendor no longer be given the opportunity to submit a proposal to Region 8 ESC and/or that this Agreement be terminated.

22. RECORDS RETENTION:

Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all goods and/or services provided by Vendor to Region 8 ESC, and its cooperative members, under this Agreement. These records and accounts shall be retained by Vendor and made available for audit by Region 8 ESC, and its cooperative members, for a period of not less than five (5) years from the date of completion of the services, receipt of goods, or the date of the receipt by Region 8 ESC, or its cooperative members, of Vendor’s final invoice or claim for payment in connection with this Agreement, whichever is later. If an audit has been announced, Vendor shall retain its records and accounts until such audit has been completed.

23. RIGHT TO AUDIT:

Region 8 ESC, upon written notice, shall have the right to audit all of Vendor’s records and accounts relating to this Agreement. Records subject to audit shall include, but are not limited to, records which may have a bearing on matters of interest to Region 8 ESC in connection with Vendor’s work for Region 8 ESC and shall be open to inspection and subject to audit and/or reproduction by Region 8 ESC, its cooperative members, or its authorized representative(s) to the extent necessary to adequately permit evaluation and verification of:

a. Vendor’s compliance with this Agreement and the requirements of the solicitation;

b. Compliance with Region 8 ESC’s procurement policies and procedures;

c. Compliance with provisions for computing billings to Region 8 ESC, or its cooperative members, and/or d. Any other matters related to this Agreement including but not limited to sales, items out of stock, disputed invoice transactions.

24. OPEN RECORDS/PUBLIC INFORMATION:

Region 8 ESC and/or its cooperative members are governmental entities subject to the Texas Public Information Act. Region 8 ESC considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act, (Texas Government Code, Chapter 552.001, et seq.,) after a contract/agreement is awarded or the procurement terminated. Proposers are hereby notified that Region 8 ESC strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of information. Any information deemed to be confidential by Proposer should be clearly noted on the page(s) where confidential information is contained, page-by-page and line-by-line the parts of the response which it believes are exempt; however, Region 8 ESC cannot guarantee that it will not be compelled to disclose all or part of any public record under the Texas Public Information Act, since information deemed to be confidential by Proposer may not be considered confidential under Texas law, or pursuant to a Court order. Vague or general claims to confidentiality will not be accepted. Region 8 ESC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by proposers. Vendor waives any claim against and releases from liability Region 8 ESC, its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in the Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by Region 8 ESC, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

25. CONFIDENTIALITY:

Vendor and Region 8 ESC agree to secure the confidentiality of all information and records in accordance with the applicable federal and state laws, rules, and regulations. Vendor and Region 8 ESC understand that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable.

26. INSPECTION AND ACCEPTANCE:

Awarded Vendor(s) shall deliver the goods or services procured on this contract/agreement to the Region 8 ESC department, or cooperative member, issuing a purchase order. If delivery cannot be made within the proper time period, the awarded vendor must receive authorization from the issuing Region 8 ESC department, or cooperative member, for the delayed delivery. Region 8 ESC, or its cooperative members, shall have the right to inspect the goods at delivery before accepting them.

a. Deliveries of items should include ample time for inspection of all packaged items or bulk type shipment to include quality inspection, this right to inspection includes but is not limited to fresh, frozen, case pack foods.

b. If a product is found defective after the initial inspection, cooperative member has 10 days to report defective item to awarded vendor, including picture of case, product and defective inspection.

c. Awarded vendor will refund price of defective item and make all good faith efforts to properly apply the credit to the delivery invoice and issue a new invoice with correction for member’s reference and payment.

d. If defective, incorrect, or items not meeting specification are delivered, Region 8 ESC, or its cooperative members, may make the determination, in its sole discretion, to return the good(s) to the vendor at no cost to Region 8 ESC, or its cooperative members.

e. The vendor shall be responsible for arranging the return of defective or incorrect good(s). The vendor agrees to pay all shipping and handling costs for any such return shipment. Vendor may request product be destroyed if goods are not picked up within one (1) week after notification, the good(s) will become a donation to the Region 8 ESC cooperative member, for disposition.

27. TITLE AND RISK OF LOSS:

Whenever Region 8 ESC cooperative members, are purchasing (and not leasing) an item under this Agreement, title and risk of loss shall pass upon the later of Region 8 ESC’s cooperative member’s acceptance of the item or payment of the applicable invoice.

28. DELIVERIES:

All deliveries under this Agreement shall be freight prepaid, Free on Board (FOB) destination, Full Freight Allowed, Inside Delivery and shall be included in all pricing in Vendor’s proposal unless otherwise clearly stated in writing in Vendor’s proposal. The Region 8 ESC and its cooperative members assume no liability for goods delivered in damage or unacceptable condition. The successful bidder will handle all claims with carriers, and in case of damaged goods, will ship replacement goods immediately upon notification by Region 8 ESC and/or its cooperative members of damage. Proposal prices will include all freight and delivery charges.

29. HOURS OF DELIVERY:

Deliveries shall be made for cooperative member school nutrition program locations, deliveries will only be accepted between 6:30 AM and 2:00 PM, unless otherwise specified by the cooperative member including but not limited to, after-hours delivery has been obtained from Region 8 ESC cooperative member. Potential vendor shall make every attempt in good faith to not restrict delivery during “food service hours for students”. Awarded vendor routing shall be assigned in such a way to not interrupt the “food service hours for students”, unless otherwise agreed upon by receiving campus/cooperative member and/or Region 8 ESC Cooperative.

30. SHIPMENTS:

Vendor shall ship ordered products within seven (7) working days for available goods and within four (4) weeks for special-order items after the receipt of the purchase order unless otherwise previously agreed to, in writing, by Region 8 ESC cooperative members. If a product cannot be shipped within that timeframe, Vendor shall notify Region 8 ESC cooperative member of the reasons why the product has not shipped and shall provide an estimated shipping date, if applicable. Region 8 ESC cooperative members, may cancel the order if the estimated shipping time is not acceptable to Region 8 ESC cooperative member in its sole discretion, within 36 hours of order. Consistent failure of a Vendor to meet delivery promises without a valid reason is cause for removal and termination of contract.

F.O.B. Destination, freight prepaid are not allowed as additional fees. All merchandise ordered must be transported and delivered in the proper transport condition (i.e., Frozen and refrigerated items shall be delivered in a freezer/refrigerated truck and maintained at the appropriate temperatures). Vendor must provide deliveries in time for use, that ensure compliance with Child Nutrition guidelines or Vendor will be responsible for repayment of lost reimbursement for period of time in default of required deliveries, if order is placed in time for scheduled delivery day.

31. LEAD-TIME:

Time of delivery is part of the proposal consideration and must be stated in definite terms and must be adhered to completely. Proposals must show the number of calendar days required to place the materials in possession of Region 8 ESC cooperative members. Do not quote shipping dates. Failure to specify the lead-time may result in disqualification from consideration. Unrealistic short or long delivery promises may cause the bid to be disregarded.

32. SHORTAGES:

Vendor and/or sales agents acting on the Vendor’s behalf, shall give 72-hour prior notice to the ordering entity of any anticipated shortages, back orders, and/or out-of-stock items prior to delivery. The Vendor must keep the ordering entity informed at all times on the status of the order. Default in promised delivery, without acceptable reason, authorizes Region 8 ESC cooperative members to purchase goods elsewhere, and charge any increase in cost and handling to the defaulting Vendor. No substitutions are accepted without prior written approval by Region 8 ESC cooperative members.

a. Vendors must notify Region 8 ESC cooperative members of any known shortages, back orders, out-of-stock items, etc. that could affect multiple ordering entities for any extended period. Replacement of such item/s will not result in a material change but will institute a transfer of desired forecasting to the replacement item. This will not be instituted for distributor refusal to order product as offered.

b. Region 8 ESC cooperative members will provide approval for a replacement product if product is no longer offered by Manufacturer. Vendor may not restrict delivery upon their “sole discretion” to remove product from their product offering or add additional product to their product catalog. Replacement of item no longer produced will not constitute a “material change”, as product replaces previous product specifications, requests and forecasting. The replacement of discontinued item shall be allowed to continue menu or offerings to the Child Nutrition Program without interruption in compliance and crediting to the meal pattern. Vendor may not “replace, remove or otherwise restrict” sales of any product offered on the RFP. Vendor will be found in violation of contract terms and agreement and contract may be subject to termination for cause. Vendor may only “replace, remove or restrict” item upon directive of the Region 8 Food Cooperative Manager.

33. FORMATION OF A CONTRACT (DECLARATION OF COMPLIANCE):

A response to this solicitation is an offer to contract/agreement with Region 8 ESC based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/proposal does not become a contract/agreement unless and until it is accepted by Region 8 ESC after approval by the Region 8 ESC Board of Directors. Policy CH, BJA (Local) requires that all contracts or agreements shall be signed by the Region 8 ESC Executive Director, or the cooperative members’ Superintendent, or their designee. No other personnel are authorized to execute or enter into contracts on behalf of the Region 8 ESC or the cooperative member.

34. NON-EXCLUSIVE CONTRACT:

Region 8 ESC reserves the right to award multiple contracts/agreements for each RFP or category offered. Commodity categories are established at the sole discretion of Region 8 ESC. Nothing in this agreement may be construed to imply that Vendor has the exclusive right to provide products and/or services to Region 8 ESC cooperative members, unless award notification explicitly denotes a “sole source award” for a category or RFP response. Any contract resulting from this solicitation may be awarded as a non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of Region 8 ESC cooperative members. Region 8 ESC is free to have multiple contracts for the awarded goods and services, and may initiate other procurement solicitations or purchasing activity with other vendors at any time, at Region 8 ESC’s sole discretion. During the term of this Agreement, Region 8 ESC reserves the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor. Additionally, the Member’s may have a need to purchase additional items within this category that are not listed on the bid. Bids may be awarded to primary and secondary vendors on an item by item basis or by categories. End users may go to the secondary vendors to compare items for best value as part of the cost/price comparison responsibility for the members. In the event that a Vendor has an existing Region 8 ESC Agreement, in the same Agreement title, upon award, the new Agreement will immediately supersede the older contract. Individual member districts will decide, best cost/price decision for their districts including student acceptability, district service other points as assigned by member.

35. PRICING:

All prices in Vendor’s proposal should remain firm for the Term of the Agreement with the exception of market priced escalation/de-escalation contracts such as Fluid Milk, Dairy and Juice, RAW Market meats, Fresh Fruits and Vegetables. Any request for price increase shall be considered only upon notification, documentation and market baring due to Force Majeure. The price changes shall be presented to Region 8 ESC Food Purchasing Manager, for acceptance or rejection by Region 8 ESC cooperative members, in its sole discretion, using the same format as was accepted in Vendor’s original proposal; all price changes for goods and/or services provided under this Agreement, must be approved, in writing, by the Region 8 ESC Food Purchasing Manager and approved by the cooperative members prior to taking effect. The following documentation shall be provided to support a request for price change: justification for change/increase including but not limited to Force Majeure, using a known index/market condition, terms and conditions, and/or manufacturers/distributors’ impact (if any). No increase shall be granted due to negligence in bid, errors or omission of products requested for increase.

a. Proposal price must be submitted on units of quantity specified and extended to show total.

b. Unit price must be shown with a minimum of 4 decimal places.

c. In the event of discrepancies in extension, the unit price will govern.

d. Vendors are encouraged to provide pricing on specified items, even if no estimated quantity is provided.

e. Market items such as raw beef, poultry, pork and turkey may be presented in monthly escalation/de-escalation form. Vendor must provide Region 8 Food Purchasing Manager with market documentation supporting price increase on a monthly basis. Price increase will be derived as increase/decrease from base market price not previous month(s) price.

f. Escalation/de-escalation of fluid milk, dairy, raw market meats and/or Fresh Fruits and Vegetables will be allowed according to USDA Market baring/consumer price index. Base price will establish monthly increase/decrease for new pricing, pricing will not be on increase/decrease from previous month(s) price, according to USDA standards for escalation/de-escalation of goods and/or services.

36. DISCOUNTS:

Any discounts available to Region 8 ESC cooperative members for early payment should be noted in the proposal. Vendor(s) may propose volume discounts or other adjustments to the price for large orders. Discounts may be considered in determining low proposal. Discounts should be available to all members, any members not offered bulk purchasing discount from vendor will be refunded the price difference as required by the terms of the agreement. According to federal regulations discounts and rebates are the property of the CE (Contracting Entity – Region 8 ESC Cooperative Member), Region 8 ESC does not accept discounts or rebates on behalf of members, nor does Region 8 ESC Cooperative retain those for their express use. All rebates, discounts or allowances shall be paid directly to members and be plainly marked as such.

37. MARKET BASKET METHOD AND ADDING PRODUCTS:

R8FPC utilizes the “Market Basket” solicitation method that allows Region 8 ESC to procure a list of products with varied pricing options and evaluate using a “total price cost analysis” or “simplified total cost analysis.”

Per TDA’s ARM, Section 17, pages 48-51 https://squaremeals.org/Programs/National-School-Lunch-Program/Policy-ARM/u9212q/73656374696F6E203137 when a CE plans to make purchases beyond the products listed on a current market basket contract, these purchases should be made using the appropriate procurement method: micro, small purchase, sealed bid, or competitive proposal.

However, if Region 8 ESC or the cooperative member determines that adding the purchase of a limited number of products to a current market basket contract would be advantageous, Region 8 ESC on behalf of the cooperative member may do so if:

The option to add products not included in the current market basket contract is described in the original solicitation and contract as a specific percentage of the estimated value of the contract. The specified percentage must be no more than 10% of the estimated value of the contract.

Adding new products to the contract must not cause the contract to exceed the estimated total value of the contract at the beginning of the contract year.

If the value for the purchase of the added products exceeds the specified percentage (no more than 10%), a separate procurement for those products will be conducted.