ESBD_528903_1781800420703_RFP 26-12 BakerRipley 02946 CACFP IFB Application.pdf

Dear Vendors, BakerRipley, a non-profit human services organiza�on, with corporate headquarters at 4450 Harrisburg Blvd, Ste 200, Houston, TX 77011, announces RFP 26-12 IFB Contract for Purchased Meals CACFP Invita�on for Bid (IFB) Contract for Purchased Meals.

Meals shall be served five (5) days a week, with an es�mated 1,239 meals served each day. Meals will consist of breakfast, lunch, and a PM Snack for children ages 1-5.

Meals will be delivered in the Fort Bend County area within Houston.

The deadline for submi�ng a bid must be received no later than July 14, 2026 by 10:00 A.M. (CST), at our headquarters loca�on where they will be opened and read.

Bids must be executed and submited in triplicate. If accepted, this IFB will become the contract and one (1) copy of the contract will be forwarded to the successful bidder with a no�ce of award. The copy marked as “original” will be maintained by the CE and shall control over any copy maintained by the FSMC, should there be a variance between the two.

The successful bidder may be required a 10 percent performance bond. The contracts awarded are subject to review by the Texas Department of Agriculture, Food and Nutri�on Division.

Please contact Scarlet Naquin at snaquin@bakerrpley.org if you have any ques�ons.

The IFB will be posted on our website at htps://bakerripley.org/get-involved/become-a-vendor/ on June 22, 2026.

If you have not already done so, please register by completing our vendor profile click here to ensure you do not miss out on future opportunities.

USDA is an equal opportunity provider and employer.

BAKERRIPLEY ENCOURAGES SMALL AND HISTORICALLY UNDERUTILIZED BUSINESSES TO APPLY.

https://bakerripley.org/get-involved/become-a-vendor/ https://url.usb.m.mimecastprotect.com/s/2NZgC6Yp8RIrO8KvSm2rU2?domain=bakerripley.org

Legal No�ce

BakerRipley, a non-profit human services organiza�on, with corporate headquarters at 4450 Harrisburg Blvd, Ste 200, Houston, TX 77401, announces an Invita�on for Bid (IFB) #26-12 IFB Contract for Purchased Meals CACFP.

Meals shall be served five (5) days a week, with an es�mated 1,239 meals served each day. Meals consist of breakfast, lunch & PM snacks for children ages 1-5.

Meals will be delivered to Fort Bend and Harris County area within Houston.

All bids must be received no later than Tuesday, July 14, 2026, by 10:00 A.M. (CST), at our headquarters where they will be opened and read.

The successful bidder may be required a 10 percent performance bond. Awarded contracts are subject to review by the Texas Department of Agriculture, Food and Nutri�on Division.

The IFB will be posted on our website at htps://bakerripley.org/get-involved/become-a-vendor/ on Monday, June22, 2026.

BAKERRIPLEY ENCOURAGES SMALL AND HISTORCALLY UNDERUTILIZED BUSINESS TO APPLY

“USDA is an equal opportunity provider and employer”.

https://bakerripley.org/get-involved/become-a-vendor/

Invitation For Bid (IFB)

Contract for Purchased Meals

Food Programs

1. National School Lunch Program (NSLP)

2. Child and Adult Care Food Program (CACFP)

Child Care Centers (CCC) & Day Care Homes (DCH) Adult Day Care (ADC)

3. Summer Food Service Program (SFSP) At-Risk Afterschool Care Centers

Program Operated:

Bid No.

Child and Adult Care Food Program (CACFP)

RFP 26-12

Contracting Entity (CE): BakerRipley

Address: 4450 Harrisburg Blvd

Phone Number:

Fax Number:

Date Issued:

IFB Due Date:

713-928-7343 713-669-5295

June 22, 2026

July 14, 2026

Nondiscrimination Statement

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

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

To file a program complaint of discrimination, a complainant should complete a Form AD- 3027, USDA Program Discrimination Complaint Form, which can be obtained online at:

https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

(1) mail:

U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW

Washington, D.C. 20250-9410.

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

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

This institution is an equal opportunity provider.

https://www.usda.gov/sites/default/files/documents/ad-3027.pdf mailto:program.intake@usda.gov

INSTRUCTIONS TO CONTRACTING ENTITIES

INVITATION FOR BID AND CONTRACT FOR PURCHASED MEALS

READ INSTRUCTIONS—Read the instructions and the contract thoroughly.

CREATE MENUS—Develop a cycle menu of at least 10 days for each site and meal type you wish to receive bids upon.

• The purpose of this cycle menu is to provide the food service management company an example of the type and content of meals for which bids are being solicited.

• All menus must be stated by specific food items and portion size for each component to ensure all meals meet the minimum quality and quantity standards as set forth in CACFP Meal Patterns.

• You may not use a food service management company’s menu. This is unfair to potential bidders.

DEFINE SPECIFICATIONS—The Contracting Entity (CE) must complete all items that are indicated with an asterisk (*) or instruction indicating entry is required with the exception of the items required to be entered by the bidders such as “unit cost” and “total bid”.

Section Specifications:

• Section I —Soliciting CE

1. Name, address, and telephone number of the CE, and the name of the CE’s contact person

2. Contract commencement and expiration dates

3. Bid Opening—Date, time, and location of bid opening

4. Meal Service Bids – complete as indicated

5. Bidder information – to be completed by bidder

6. Acceptance – to be signed upon acceptance (submit to TDA for approval if required prior to acceptance)

• Section II—Certificate of Independent Price Determination Bidder must sign, state title of signatory, and date Certificate.

CE must sign Certificate when it accepts Bidder’s bid.

• Section III No action required by CE. Instructions are provided by TDA in this document.

• Section IV—Scope of Services CE complete as indicated Attach copies of applicable meal pattern charts as indicated

• Section V—Unit Price Schedule and Instructions CE complete #1, #6, and #9 A.4, as appropriate Insert day of week by which CE will place orders for meals with the food service management company.

• Section VI—General Conditions Insert insurance coverage amounts required by CE in #7.

Emergencies may occur with the contractor. Indicate in the blank how many hours you are willing to wait for meals before you will not make payment for the meal in #10.

• Section VII—General Provisions and Certifications No action required by CE. General Provisions and Certifications are provided by

TDA in this document.

Schedule Specifications:

• Schedule A—Site Information List List each site for which you are requesting meals. Include the name, address, telephone number, and contact person. Attach additional pages as needed.

Also indicate the quantity of meals, delivery time for each meal, and the beginning and ending date for each site.

• Schedule B—Cycle Menu Attach a cycle menu for each site and each meal type.

• Schedule C—Unit Price Schedule Complete as indicated

• Schedules D - G Complete as appropriate

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

Option 1: a publication of general circulation covering the area served by the CE. This includes electronic media publications or a combination of both print and electronic. For a print publication that is published other than daily, a single advertisement would count for the full number of days that the publication is in circulation. Where there is limited circulation, advertisements should also be run in the largest metro area near the CE.

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

Computation of Time In computing the period of days, the first day is excluded and the last day is included. In addition, if the last day of any period is a Saturday, Sunday, or legal holiday, the period must be extended to include the next day that is not a Saturday, Sunday or legal holiday.

Requirements The advertisement must include, at a minimum:

• Name and address of your organization

• Proposed operating days of the food service

• Types and estimated number of meals to be served daily

• Local where program will operate

• Statement of the amount of bid bond, if required. A bid bond shall be required if the contract is projected to be in excess of $250,000 and shall be in an amount not less than five (5) percent or more than (10) percent of the value of the contract for which the bid is made.

• Statement that a 10 percent performance bond is required of the successful bidder

• Due date of the bid

• Time and place of the bid opening

• Statement that contracts are subject to review by the Texas Department of Agriculture, Food and Nutrition Division

• Nondiscrimination statement to read “USDA is an equal opportunity provider and employer.”

Helpful links:

• Help Getting Started

• Membership forms

• Membership Benefits

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

BIDDERS LIST—Develop a bidders list. This list must include four food service management companies at a minimum, preferably more. Add names to this list as bidders request the IFB packet based on your solicitation/advertisement.

CREATE COVER LETTER—Create a cover letter to attach to your IFB packet sent to potential bidders.

MAKE COPIES—Make copies of the IFB for every food service management company on your bidders’ list.

MAIL—Mail a copy of the cover letter and IFB to each food service management company on your bidders' list.

AWARD—Bid Award and Contract Procedures

• Sealed bids returned to you must be securely held until the date and time of the public bid opening.

• The public bid opening must be held at the date, time, and place specified in the newspaper advertisement. On the day of the public bid opening, open and read all bids received on or before the due date. Any bids received prior to the final deadline for bid https://www.txsmartbuy.gov/help/docs/TxSmartBuy-Membership-Application-Guide-2024.pdf https://comptroller.texas.gov/purchasing/members/forms/ https://www.txsmartbuy.gov/membershipbenefits submission must be kept unopened in a secure place. Bids received after the deadline should be returned unopened to the bidders. Make a written list of all bids received in response to the IFB, segregating the list into timely bids, “no bids,” and untimely bids that were returned to bidders. Include in your record the name and address of each bidder, the date and time each bid was received by your organization and the amount of each bid that was opened and considered by your organization as part of the selection process.

• You may accept a bid and communicate this acceptance to the food service management company you have selected only if their bid is the lowest bid that meets all specifications.

• If you receive only one bid after advertising this IFB and providing it to the entities on your bidders list, you may award the contract without TDA approval so long as you retain documentation demonstrating that you did not limit competition.

• If either of the following circumstances occurs, you must receive prior approval from TDA before awarding the contract:

The bid you plan to award is not the lowest bid, . Submit the following to TDA:

1. A complete copy of all bids received, including all attachments, and

2. A written signed and dated statement executed by the president or chief executive officer of your organization, or equivalent, documenting your sound business reasons for selecting a bid other than the low bid.

The bid totals $50,000 or more.

TDA will respond with approval or denial within ten working days of receipt of all the required documentation.

FINALIZE CONTRACT

• Complete Section I by signing at the bottom in the Acceptance of Contract section.

• Complete Section II (b) Certification of Independent Price Determination for

Contracting Entity.

• If the award must be submitted to TDA for prior approval, you must submit a copy of the completed contract, a copy of the food service management company’s health inspection report, the actual newspaper advertisement with published date, and the list of timely bidders and “no bid,” and late, unopened bids, described above. Also include a copy of the bid and performance bonds, if applicable.

AWARD CONFERENCE—Arrange an award conference with the selected food service management company to discuss the contract terms.

SUBMIT DOCUMENTATION—Submit the following information to TDA via the upload function in TX-UNPS or email to ifb.Bops@TexasAgriculture.gov prior to any operations under the contract.

• Signed contract

• Actual advertisement with published date

• List of all bidders including timely bids, “no bids”, and late, unopened bids, as discussed above

• Health Inspection report of accepted food service management company mailto:ifb.bops@texasagriculture.gov

INVITATION FOR BID AND CONTRACT INDEX

SECTION PAGE

I. Invitation for Bid and Contract Face Sheet 7 II. Certification of Independent Price Determination 8 III. Instructions to Bidders 9 IV. Scope of Services 13 V. Unit Price Schedule and Instructions 14 VI. General Conditions 17 VII. General Provisions and Certifications 22

SCHEDULE

A. Site Information List Sheet 27 B. Cycle Menu 32 C. Unit Price Schedule 33 D. Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion for Covered Contracts

E. Anti-Collusion Affidavit 36 F. Certification Regarding Federal Lobbying 39 G. Standard Form LLL – Disclosure of Lobbying Activities 40

AGREEMENT 41

Invitation for Bid (IFB) and Contract for Purchased Meals

SECTION I

INVITATION FOR BID AND CONTRACT FACE SHEET

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

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

CONTRACTING ENTITY (CE)

Name: BAKERRIPLEY CE ID # 02946

Address (Street, City, State, Zip Code) 4450 Harrisburg Blvd, Ste 200, Houston, TX 77011

Contact Person: Adrian Yam, Veronica Juarez Telephone Number

(713) 273-3200 / (713) 273-3016

BID OPENING

Bid Number Bid Opening Date Time: 10:00 AM

Location (Street, City, State, Zip Code) 4450 Harrisburg Blvd, Ste 200, Houston, TX 77011

BIDDER INFORMATION

Company Name Telephone Number

Address (Street, City, State, Zip Code)

Signature of Bidder’s Authorized Representative (In Ink)

Name (Print or Type)

Title Date

Bid Issue Date

06/22/2026 RFP 26-12 07/14/2026

SECTION II

CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

1. By submission of this bid, the bidder certifies and in the case of a joint bid, each party thereto certifies as to its own organization, that in connection with this procurement:

A. The prices in this bid have been arrived independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

B. Unless otherwise required by law, the prices that have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening in the case of an advertised procurement, or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder or to any competitor; and

C. No attempt has been made or will be made by the bidder to induce any person or firm to submit or not submit a bid for the purpose of restricting competition.

2. Each person signing this bid certifies that:

A. He or she is the person in the bidder’s organization responsible within that organization for the decision as to the prices being offered herein and that he or she has not participated, and will not participate, in any action contrary to (1)(A) through (1)(C) above; or

B. He or she is not the person in the bidder’s organization responsible within that organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (1)(A) through (A)(C) above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to (1)(A) through (1)(C) above.

Signature of Bidder’s Authorized Representative Title Date

In accepting this bid, the CE’s officers, employees or agents have not taken any action, which may have jeopardized the independence of the bid referred to above.

Signature of Contracting Entity’s Authorized Representative Date

(Accepting a bidder’s bid does not constitute acceptance of the contract.)

Note: CE and bidder shall execute this Certificate of Independent Price Determination.

SECTION III

INSTRUCTIONS TO BIDDERS

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

B. Bid Bond—A copy of the bid bond must accompany the IFB when submitted to the CE; the projected contract reimbursement is in excess of $250,000. The CE shall require a bond in an amount not less than five (5) percent or more than ten (10) percent of the value of the contract for which the bid is made. The bond must have been secured from a surety company listed in the U.S. Department of the Treasury Circular 570.

C. Bidder—An FSMC submitting a bid in response to this invitation for bid.

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

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

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

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

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

I. Invitation for Bid (IFB)—The document where the procurement is advertised. In the case of the CACFP, the IFB becomes the contract once both parties agree in writing to all terms and conditions of the IFB.

J. Overly Responsive Bidder - A bidder who provides unsolicited incentives, information, or variations that exceed the invitation for bid.

K. Performance Bond—This is required when a FSMC and a CE enter into one or more contracts totaling over $250,000. The amount of the bond must be no less than ten (10) percent of the value of the contract(s) for which the bid is made. The performance bond must be from a surety company listed in the U.S. Department of the Treasury Circular 570.

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

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

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

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

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

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

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

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

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

C. Rejection of Sealed Bid

• No changes in the specifications, terms, or general conditions are allowed.

Erasures on all copies must be initialed by the bidder prior to submission.

Failure to do so may result in rejection of the bid.

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

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

D. Bids over $250,000 shall include a bid bond in the amount of 10% of bid price. (CE shall insert appropriate percentage from 5% to 10%. This must be the same percentage inserted by the CE on the IFB and Contract Face Sheet). FSMCs must obtain bid bonds from surety companies listed in the current Department of the Treasury Circular 570.

FSMCs may not post any “alternative” forms of bid bonds, including but not limited to cash, certified checks, letters of credit, or escrow accounts.

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

E. A copy of a current State or local health certificate for the food preparation facilities shall be submitted with the bid.

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

Failure to comply with any of the above provisions shall be reason for rejection of the bid.

3. Explanation to Bidders Any explanation desired by a bidder regarding the meaning or interpretation of the terms and conditions or specifications of this IFB, must be requested in writing prior to the time and date scheduled for the opening of bids and must provide the CE with sufficient time for a reply to reach all bidders before bid opening. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective bidder concerning an IFB will be furnished to all prospective bidders as an amendment of the IFB, if such information is necessary to bidders in submitting bids on the IFB, or if the lack of such information would be prejudicial to uninformed bidders.

4. Acknowledgement of Amendments to IFBs

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

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

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

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

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

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

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

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

D. A signed final copy of the contract and addenda, if any, must be submitted to TDA via ifb.bops@texasagriculture.gov prior to the beginning of Program operations under the Contract.

SECTION IV

SCOPE OF SERVICES

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

2. Contractor agrees to deliver:

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

b. If childcare centers or at-risk afterschool care centers (CE checks one option):

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

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

3. All meals served and furnished under the Program must meet or exceed the requirements of 7 CFR 226.20, requirements for meals, and the meal pattern charts located in the CACFP Handbook as applicable attached hereto and made a part hereof. FSMCs may prepare unitized meals, with or without milk, for use in the CACFP.

4. The Contractor shall furnish meals as ordered by the CE during the period of **August 10, 2026 to **June 22, 2027. Meals are to be served ***5 days a week, as specified in Schedule A.

* Insert "inclusive" or "exclusive" as applicable.

** CE shall insert the contract commencement date and expiration date, to be no more than 12 months in duration.

*** CE shall insert the appropriate number of serving days.

SECTION V

UNIT PRICE SCHEDULE AND INSTRUCTIONS

1. Bidders are asked to submit prices in accordance with Schedule(s) C for meals with milk * meeting the contract specifications set forth in 7 CFR 226.20 and the meal pattern charts located in the CACFP Adult Day Care Handbook, and to be delivered to all the sites stated in Schedule A. Please note that bidders must complete a Schedule C for each meal type (breakfast, lunch, snack, etc.) covered by the IFB.

*CEs should indicate whether or not milk should be included in meals/snacks.

2. Evaluation of Bids and award of the contract as described in Section III 9.

3. Pricing shall be on the cycle menus described in Schedule B. All bidders must submit bids on the same cycle menus provided by the CE. Deviation from the cycle menus shall be permitted only upon authorization of the CE. Bid price must include the price of food components (including milk, if part of the meal), packaging, transportation, costs for nonfood items, if essential to the conduct of the food service (e.g. plates, utensils), and food service personnel assigned to each site. The unit prices of each meal type which the bidder agrees to furnish must be written in ink or typed in the blank space provided and must include proper packaging as required in the specifications and delivery cost to the designated sites. Unit prices shall include taxes, but any charges or taxes which are required to be paid under future laws must be paid by the bidder at no additional charge to the CE.

All Regular meal pricing should be inclusive of the cost of regular milk, while all Special Diet surcharges should be exclusive of milk alternate pricing. Prices for Milk Alternates should be provided in cases of milk cartons.

4. Estimated Daily Number of Meals are estimated: They are the best known estimates for requirements during the operating period. The CE reserves the right to order more or less meals than estimated at the beginning of the operating period. Contractor will be paid at the 100% unit cost rate during the payment period specified. (The CE will indicate in Section VI, Item 4, “Method of Payment,” whether the payment period is weekly, bi-weekly, or monthly). CE does not guarantee orders for quantities shown.

5. Evaluation of Bidders: Each bidder will be evaluated on the following factors:

A. Financial capability to perform a contract of the scope required.

B. Adequacy of plant facilities for food preparation, with approved license certification that facilities meet all applicable State and local health, safety and sanitation standards.

C. Previous experience of the bidder in performing services similar in nature and scope.

D. Other factors such as transportation capability, sanitation, and packaging.

Bidders that do not satisfactorily meet the above criteria may be rejected as non-responsive and will not be considered for award. Overly responsive bidders will be automatically disqualified and will not be considered for award.

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

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

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

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

9. Specifications.

A. Packaging:

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

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

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

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

b. Item Identity, meal type;

c. Date of production; and

d. Quantity of individual units per carton.

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

B. Food Preparation:

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

C. Food Specifications:

Bids are to be submitted on the cycle menus included in Schedule B. Portions shall, as a minimum, be the quantities specified by USDA for each component of each meal, as included in 7 CFR 226.20, and the meal pattern charts located in the CACFP Adult Day Care Handbook.

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

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

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

D. Special Diets and Additional Restrictions In addition to the standard special diet accommodation (egg-free, dairy-free, wheat-free, vegetarian, and meat/beef-free), to accommodate additional dietary restrictions and combinations thereof (including but not limited to beef-free, cucumber-free, pineapple-free, lemon-free, lime-free, strawberry-free, and cheese-free). Meals for children with such restrictions will be individually tailored, as needed. Milk alternate means non-dairy based milk, such as nut milk, seed milk, soy milk, and grain-based milk. Milk alternates will be provided for children with dairy fluid milk restrictions.

SECTION VI

GENERAL CONDITIONS

1. Delivery Requirements

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

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

C.The Contractor shall be responsible for delivery of all meals with milk at the specified time. Adequate refrigeration or heating shall be provided during delivery of all food to insure the wholesomeness of food at delivery in accordance with State or local health codes.

D.The CE reserves the right to add or delete food service sites. This shall be done by amendment of Schedule A. Deletion or addition of sites will be made not less than one week prior to the required date of service. Any change in transportation cost that occurs as a result of adding or deleting sites shall be negotiated and noted in the modification.

The Contractor’s invoice shall show the cost as a separate item for that site.

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

3. Recordkeeping

A.Delivery tickets must be prepared by the Contractor at a minimum in triplicate: one copy for the Contractor, one copy for the site personnel, and one copy for the CE.

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

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

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

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

4. Method of Payment A. The Contractor shall submit its itemized invoice to the CE monthly, as specified. Each invoice shall give a detailed breakdown of the number of meals delivered at each site during the preceding two weeks or months. Payment will be made at the unit price specified in the Contract. No payment shall be made unless the required delivery receipts have been signed by the CE or site representative or designee of the CE.

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

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

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

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

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

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

6. Performance Bond Requirement When applicable, the successful bidder shall provide the CE with a performance bond in the amount of ten (10) percent of the contract price for contract(s) that total over $250,000. The FSMC must obtain the performance bond from a surety company listed in the current Department of the Treasury Circular 570. The FSMC may not obtain any “alternative” form(s) of performance bond, including but not limited to cash, certified checks, letters of credit, or escrow accounts.

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

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

A. Comprehensive General Liability-includes coverage for: (i) Premises-Operations; (ii) Products-Completed Operations; (iii) Contractual Insurance; (iv) Broad Form Property Damage; (v) acts of Independent Contractors; and (vi) Personal Injury; with a $1 Million Combined Single Limit.

B. Automobile Liability coverage with a $1 Million Combined Single Limit.

C. Workers' Compensation-Statutory; Employer's Liability with a combined single limit of

$1 Million.

D. Excess Umbrella Liability with a combined single limit of $5 Million E. The CE shall be included as an additional insured on General Liability, Automobile and

Excess Umbrella policies.

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

G. Notwithstanding any other provision of this contract, the CE shall not be liable to the

FSMC for any indemnity.

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

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

10. Emergencies In the event of unforeseen emergency circumstances, the Contractor shall immediately notify the CE by telephone of the following: (i) the impossibility of on-time delivery; (ii) the circumstance(s) precluding delivery; and (iii) a statement of whether subsequent deliveries will be affected. No payments will be made for deliveries made later than *** 1 minute after specified mealtime.

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

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

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

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

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

Renegotiation of the price charged to the CE will be allowed each year to the extent of the Consumer Price Index for All Urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor Statistics, Food Eaten Away from Home (“CPI”):

South-Size Class A

a. South-Size Class A (population of metropolitan area over 1.5 million),

b. Small-Size Class B/C (Mid-sized and small population metropolitan area with fewer than 1.5 million), Or:

c. South-Size D (all non-metropolitan areas) and will be allowed only if agreed to and approved in advance by the Institution. CPI Fee increases for the upcoming contract renewal year must be documented through a cost analysis and submitted to the Institution by April 1 of each year. No other fee increases will be allowed.

12. Termination A. The CE reserves the right to terminate this Contract if the Contractor fails to comply with any of the terms and conditions of this Contract.

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

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

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

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

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

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

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

SECTION VII

GENERAL PROVISIONS AND CERTIFICATIONS

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

1. Contracts for more than the simplified…