ESBD_547567_1786127188757_1_Part A 304T-27-380M1.2 Dairy and Juice.pdf

Solicitation No. 304T-27-380M1.2

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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Dairy and Juice Scheduled Deliveries

IFB No. 304T-27-380M1.2

NIGP CLASS-ITEMS

380-10 380-15 380-30

380-45 380-75 380-80

380-90 393-60

SCHEDULE OF EVENTS

ESBD Posting Date 8/7/2026

Pre-Bid Conference Date 8/12/2026

Pre-Bid Conference Time 1:30 pm Central Time in Austin, TX

Questions Submission Deadline Date 8/13/2026

Response to Questions through Addendum Date, or as soon thereafter as practical 8/14/2026

RESPONSE DUE DATE 8/25/2026

RESPONSE DUE TIME 1:30 pm Central Time in Austin, TX

Public Bid Opening Date 8/26/2026

Public Bid Opening Time 1:30 pm Central Time in Austin, TX

**NOTE** This Solicitation is composed of three parts: (1) Part A: Special Instructions, (including attachments and appendices, if any), (2) Part B: General Instructions and Contract Terms and

Conditions (including attachments and appendices, if any), and (3) Part C: Federal Conditions

(including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A, Part B, or Part C control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATION WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR)

IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or

Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.15 AND SECTION A.16 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION

A.5.3 PRICE ADJUSTMENT REQUESTS

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 BUY AMERICAN REQUIREMENTS

A.7.2 REFERENCED BRAND EXAMPLE

A.7.3 DAIRY AND JUICE REQUIREMENTS FOR SCHOOL MEALS

A.7.4 NUTRITIONAL INFORMATION AND COMPLIANCE

A.7.5 SPECIFICATIONS

A.7.6 SAMPLE TESTING – POST AWARD

A.7.7 CONDITION OF PRODUCTS

A.7.8 QUANTITIES

A.7.9 REPLACEMENT/GUARANTEE

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 PACKAGING AND LABELING

A.8.3 SPECIAL DELIVERY REQUIREMENTS

A.8.4 HOURS OF DELIVERY

A.8.5 DELIVERY DELAYS

A.8.6 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.3 REPORTING REQUIREMENTS

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 PRE-BID CONFERENCE AND PUBLIC BID OPENING

A.11.6 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 DISCLOSURE OF INTERESTED PARTIES

A.13 EVALUATION OF RESPONSE

A.13.1 RESPONSIVENESS

A.13.2 RISK OF NON-PERFORMANCE

A.13.3 BEST VALUE

A.13.4 TIES

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A.14 AWARDS

A.14.1 AWARD APPROACH

A.14.2 NON-AWARD

A.14.3 AWARD NOTICE

A.14.4 SUBSTITUTIONS

A.15 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.15.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.15.2 ATTACHMENT A - EXECUTION OF RESPONSE

A.15.3 ATTACHMENT B - RESPONDENT INFORMATION

A.15.4 ATTACHMENT C - PREFERENCES

A.15.5 ATTACHMENT D - INSURANCE STATEMENT OF INTENT

A.15.6 ATTACHMENT E - SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.15.7 MANDATORY PRICE SHEET

A.15.8 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.15.9 DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

A.15.10 SIGNED ADDENDA TO SOLICITATION

A.16 SUBMITTING THE RESPONSE TO CPA

A.16.1 ELECTRONIC SUBMISSION (PREFERRED)

A.16.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA

The Texas Comptroller of Public Accounts, the state agency issuing this

Solicitation.

Customer

State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

ESBD

The Electronic State Business Daily, which is available online at http://www.txsmartbuy.gov/esbd

FDA Food and Drug Administration

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

Party or Parties Either CPA or Respondent, separately or collectively.

Respondent Any person or company that submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Solicitation

This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

USDA United States Department of Agriculture

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for Dairy and Juice Products Scheduled Deliveries.

Major Customers for these items are Texas Department of Public Safety (DPS), Texas Juvenile Justice

Department (TJJD) and Texas School for the Deaf (TSD).

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on November 30, 2027.

1st Renewal Option: December 1, 2027, through November 30, 2028

2nd Renewal Option: December 1, 2028, through November 30, 2029

3rd Renewal Option: December 1, 2029, up to one (1) additional year

CPA may unilaterally renew the Contract.

http://www.txsmartbuy.gov/esbd

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A.4 PRICING

A.4.1 Pricing Structure – Firm Price with Escalation

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a

Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for, the Contractor must provide the same lower price under the

Contract.

Unit prices must include all Contract requirements. Shipping shall be FOB Destination; therefore, unit prices must include delivery to the designated city and zip code listed on the Mandatory Price Sheet

Attachment F and Attachment G (all shipping, handling, and delivery fees and fuel surcharges).

A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that becomes available. Contractor shall notify CPA of price decreases or discount increases by email to:

spd.cmo@cpa.texas.gov.

A.5.2 Price Adjustment Calculation

Prices may be adjusted annually at time of renewal or at the sole discretion of CPA throughout the term of the Contract upwardly or downwardly when correlated with the index specified below and published by the Bureau of Labor Statistics (BLS).

BLS website: http://data.bls.gov/cgi-bin/srgate

The Consumer Price Index (CPI): CUUR0000SEFV - Food Away from Home in U.S. City Average will apply to the following line items for the TJJD and TSD delivery locations.

Lines 3-15: Cream, Sour

Lines 18-43: Ice Cream

Lines 44-81: Milk

Lines 84-86: Sherbet

Lines 87-118: Yogurt

Lines 121-134: Frozen Yogurt

Lines 135-182: Juice

The Producer Price Index (PPI) will apply to the following line items for the DPS delivery location.

Line Items PPI Description Producer Price Index

Line 1: Butter, Solids Butter WPU0232

Line 2: Cheese, Cottage Cottage cheese WPU023104

Lines 16-17: Cream, Sour Fluid milk related products WPU02310304

Line 82: Milk, Lactose Free, Fat-Free Fat free or skim milk WPU02310303

Line 83 Milk, Chocolate Packaged milk products WPU023105012

Lines 119-120: Yogurt, Greek Strawberry/Blueberry Yogurt, excluding frozen WPU023105011 mailto:spd.cmo@cpa.texas.gov http://data.bls.gov/cgi-bin/srgate

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Note: Enter the index number in the Series ID box and click Next and “Retrieve Data.”

For a price adjustment request, after the initial contract term, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Awarded Price ÷ Original Index) x New Index, where:

(1) “Original Awarded Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Index” is the index value for the month and year that Responses to this Solicitation were submitted; and

(3) “New Index” is the index value for the month and year that the price increase request is submitted.

If the Respondent can demonstrate that the price index lags behind costs of performance or does not account for significant costs of performance, Respondent may request CPA to consider other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable. Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is

$30.00 of the total cost). CPA may reject cost documentation in its sole discretion.

Ineligibility for Price Increases. If Respondent fails to provide an acceptable manufacturer’s price list, applicable PPI, or acceptable alternate cost documentation related to a particular item, CPA may award a Contract at a firm, fixed price for those items. Respondent will not be eligible for any price increases for the duration of the Contract, including all renewal and extension periods.

A.5.3 Price Adjustment Requests

Proposed pricing must remain firm for the initial term of the Contract. After the initial term of the

Contract, price adjustments may be requested based upon the formula in Section A.5.2.

CPA may accept, reject, or negotiate price adjustments. The Contractor will receive written notification from Statewide Contract Management (SCM) documenting action taken, including effective dates, when appropriate.

If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the Contract price in effect when issued.

Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov.

A.5.4 Tariffs

The parties may agree to adjust prices periodically to reflect tariff surcharges or changes in tariffs implemented after award that affect the cost of supplying goods under this Contract. Tariffs in place at

Page A8 the time of the response will not be considered as a basis for a tariff surcharge increase. To request a price adjustment related to tariffs, Contractor must provide documentation that includes the effective date, amount, scope of the tariffs, and any other documentation requested by CPA. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariff surcharges, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.”

As allowable by law, Contractor must promptly assign to Customer the right to file for and receive any refund that becomes due for the tariffs paid under this Contract. Contractor agrees to cooperate with

Customer and take all the steps required to assign and transfer to Customer its rights, title and interest in any monies due or payable to Contractor in connection with tariffs paid under this Contract. If

Contractor receives a refund of any tariff paid under this Contract, it shall return the portion paid by each Customer.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract and any renewal periods the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See

Section A.15.8. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Commercial General Liability

(Occurrence based)

$500,000 Each Occurrence Limit

Any insurance required to be compliant with applicable Federal, State, and Local regulations for the goods or services provided.

Statutory limits

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All required insurance policies must be issued from a company or companies with a Financial Strength

Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the

State of Texas and in a form satisfactory to CPA. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance, to include the following address: State of Texas, P.O. Box 13528, Austin, TX 78711-3528;

(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this

Contract or any purchase order.

Contractor shall submit current certificates of insurance to CPA within five business days of receiving a request from CPA. In its sole discretion, CPA may allow Contractor to satisfy insurance requirements with coverage of a third-party providing goods or services under the Contract, such as products liability coverage provided by a manufacturer, that will provide comparable protection to

CPA and Customers. However, the Contractor shall maintain at least $500,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section

A.11.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the

Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide any documentation requested by SPD. If the Respondent intends to use SIR, Respondent must complete and return Attachment E - Self Insured Retention Certification and Request for Approval.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

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A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Buy American Requirements

Buy American requirements apply to Lines 3-15, 18-81, 84-118, 121-158, 167-171 and 180-182 on

Attachment F Requirements and Specifications. See Part C – Federal Conditions.

(1) Contractor shall provide only “domestic commodity or product,” defined as an agricultural commodity that is produced in the United States and a food product that is processed in the

United States using substantial agricultural commodities that are produced in the United States.

“Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin

Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. Respondent must affirm on the Mandatory Price Sheet the products bid will or will not meet Buy American Requirements.

(2) Limited Exceptions:

a. Exceptions to the Buy American provisions shall be used as a last resort; however, an alternative or exception to provide non-domestic products may be submitted on the Mandatory

Price Sheet to be considered as an alternative or exception in circumstances when use of domestic foods is truly not practicable. These exceptions will be applied at the discretion of

CPA and Customer.

b. Exceptions are: The product is not produced or manufactured in the U.S. in sufficient and reasonably available quantities or a satisfactory quality; or the cost of a U.S. product is significantly higher than the non-domestic product.

c. Non-domestic products bid must meet the required specifications in this IFB. Reference

Attachment F – Requirements and Specifications.

d. These exceptions will be applied at the discretion of CPA and Customer.

A.7.2 Referenced Brand Example

Catalogs, brand names, or manufacturer’s references are descriptive only and indicate type and quality desired. Responses on brands of like nature and quality will be considered. Response must include manufacturer, brand, or trade name, product number and provide complete descriptive information of product offered.

A.7.3 Dairy and Juice Requirements for School Meals

Milk and dairy products supplied must meet the following standards.

a. Fluid milk includes pasteurized fluid unflavored or flavored skim milk or nonfat milk, low-fat milk, and lactose-free milk, all of which meet State and local standards for such milk. Fluid milk must contain vitamins A and D at levels specified by the Food and Drug Administration and must be consistent with current State and local standards.

b. Juice must be 100-percent full strength juice. Any liquid or frozen product labeled “juice,” “full-strength juice,” “single-strength juice” or “reconstituted juice” is considered full-strength juice.

c. Milk and other refrigerated items shall be stored and delivered at a temperature between 33° F and

41° F. Items delivered at temperatures outside the range will be subject to return. Customer reserves the right to process an emergency purchase with any increase in price assessed to the

Contractor under the Contract as damages.

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d. All fluid milk and milk products containers shall be dated, or code dated to identify date filled and date of expiration. If a code date is used, the Contractor shall provide an explanation of the code identification used in the Response. Should this code change, the Contractor shall furnish the updated information to the Customer.

e. All products shall have a shelf life that allows for normal usage. Contractor shall comply with the minimum expiration requirements of:

- Fluid milk shall have a minimum shelf life of 12 (twelve) days and shall last for at least seven

(7) days once opened.

- All other products shall have a minimum shelf life of 21 (twenty-one) days and shall last for at least fourteen (14) days once opened.

f. Milk imported from outside the United States will not be accepted.

g. Texas Administrative Code (TAC), Title 25, Part 1, Chapter 217, Milk and Dairy, and Grade “A”

Pasteurized Milk Ordinance, U.S. Department of Health & Human Services.

https://www.sos.texas.gov/texreg/archive/May162025/Proposed%20Rules/25.HEALTH%20SERV

ICES.html (as updated)

h. United States Department of Agriculture (USDA) Food Buying Guide for Child Nutrition

Programs. http://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs (as updated)

A.7.4 Nutritional Information and Compliance

a. CPA or the Customer may request at any time, on any product, nutrient analysis information based on laboratory testing from a certified lab in the United States.

b. Contractor must be prepared to supply the nutrient analysis per gram or per serving for the item bid.

c. Failure to provide this information within 30 days from date of request may result in cancellation, re-award of the item, and damage assessment.

d. Nutritional information is to include all nutrients identified by USDA for evaluation of meals served under the National School Lunch and School Breakfast Program requirements.

e. Packaging:

- All containers must be marked with the “best used by or purchased by” date.

- All products must be wrapped to protect from spoiling or leaking.

- All products must be kept refrigerated to protect from spoiling.

f. Product Codes and Dates:

- Contractor must keep the Customer up to date on changes to any date or manufacture codes used on the packaging.

- Contractor must adhere to the codes and dates. Reference Section A.7.3.

A.7.5 Specifications

Reference the Mandatory Price Sheet and Attachment F – Requirements and Specifications for line items and delivery locations. Reference Attachment G – Estimated Delivery Frequencies for the anticipated delivery schedule.

Respondent must indicate manufacturer, brand or trade name and product number on the Mandatory

Price Sheet and provide complete descriptive literature for each product offered with Response. The descriptive literature information should contain information necessary to verify the item meets specifications and provide nutritional labeling for food products offered. Labels should contain primary ingredients and nutritional values.

https://www.sos.texas.gov/texreg/archive/May162025/Proposed%20Rules/25.HEALTH%20SERVICES.html https://www.sos.texas.gov/texreg/archive/May162025/Proposed%20Rules/25.HEALTH%20SERVICES.html http://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs

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Complete descriptive information should be:

- Clearly labeled with the associated line number from the Mandatory Price Sheet; and

- Organized in numeric order of the line numbers associated with the Mandatory Price Sheet or submitted in individual PDFs by line number.

All parts not specifically mentioned that are necessary for the products to be complete and ready for use and are normally furnished as standard must be furnished by the Contractor.

A.7.6 Sample Testing – Post Award

The Customer may perform sample testing. This sample may be pulled from each shipment or lot. The sample must conform to the item specification of this Solicitation. If a sample does not conform to the specifications, Customer may reject the shipment or lot and return or dispose of it at the Contractor’s expense. Reference Section A.8.6 – Compliant Products.

A.7.7 Condition of Products

Proposed and delivered products must be new, unused, in current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation. Prototype, remanufactured, reconditioned, or discontinued products are not acceptable.

A.7.8 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed. Quantities indicated for each item on the

Mandatory Price Sheet are estimates only and are based upon previous usage for a one-year period along with other data. Historical data was not available for all line items. Estimates should not be construed as a minimum or a maximum quantity that Customers may order.

A.7.9 Replacement/Guarantee

(1) Contractor shall replace defective products during the initial Contract term and any exercised renewals.

(2) The replacements must be processed and received by the Customer within two weeks of written notice of the defects to the Contractor.

(3) Contractor will provide replacements free of charge, including any shipping necessary to return the product when necessary.

(4) In lieu of replacement, Contractor will refund the full purchase price of the product, upon customer request.

(5) Expired or Spoiled Products:

- Customer will inform the Contractor of expired or spoiled products delivered.

- The expired or spoiled product should be picked up and replaced as soon as practical, but no later than seven (7) working days after notification is issued by the Customer; at the time of the next scheduled deliver, or as agreed upon with the Customer.

Contractor must immediately advise all Customers regarding recalls on any product and arrange pickup, credit, or refund as applicable.

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A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

A.8.2 Packaging and Labeling

All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

A.8.3 Special Delivery Requirements

All products must be unloaded by the Contractor to the Customer’s loading dock or location specified on the purchase order. Customers may have specific internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements. Products with expiration dates must be delivered within a timeframe that will allow for normal usage.

All products shall be delivered under the acceptable standard sanitary conditions, in the correct quantity, and free from damage.

All products must be fresh (unless otherwise stipulated) and delivered in clean containers, clearly marked as to the contents, and placed as designated by the Customer.

A.8.4 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside

Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.5 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.8.6 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s address specified on the purchase order, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If

Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense. CPA and the Customer may exercise contractual remedies in connection with late delivery.

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A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or

Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

To utilize the Contract pricing, Customers will issue an internal purchase order referencing the number for the CPA Managed Contract, commodity codes, item descriptions, and current contract pricing.

Contractor agrees not to deliver goods or provide services awarded under this Solicitation until receipt of a Purchase Order from Customer.

Purchase orders dated during the term of the Contract must be honored, even if received by the

Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.10.2 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and

Customer purchase order number.

A.10.3 Reporting Requirements

By the tenth (10th) day of every calendar month, Contractor must report the past month’s sales under the Contract to Statewide Contract Management at tcmo.reporting@cpa.texas.gov in the format prescribed by CPA. The dollar value of the sale must be the price paid by the Customer for the goods and services under the Contract. If no sales occur, Contractor must report no sales in a manner prescribed by CPA.CPA reserves the right to modify contract reporting requirements at its sole discretion in order to meet the evolving needs of CPA and its Customers. If the Contractor fails to submit sales reports, falsifies sales reports, or fails to submit sales reports in a timely manner, CPA may terminate or cancel the Contract pursuant to Part B, Section B.3.5.

A.10.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

mailto:tcmo.reporting@cpa.texas.gov

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A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the

ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its

Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

A.11.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.11.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If

Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.11.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this

Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.15 and A.16.

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Primary Point of Contact - CPA Contract Specialist

Kayla Dugue, CTCD, CTCM

512-936-5182

Email: kayla.dugue@cpa.texas.gov

Secondary Point of Contact

Statewide Contract Development (SCD)

Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide

Contract Management at spd.cmo@cpa.texas.gov.

A.11.5 Pre-Bid Conference and Public Bid Opening

The Pre-Bid Conference is scheduled for the date and time listed in the Schedule of Events on the cover page. The location of the conference is:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/286050197939760?p=lcxMMVjOQgVovBabxa Meeting ID: 286 050 197 939 760

Passcode: Qy7PB2eG

Need help? | System reference

Dial in by phone

+1 737-471-3847,,911844743# United States, Austin

Find a local number

Phone conference ID: 911 844 743#

The Pre-Bid Conference is an opportunity for vendors to hear information about the Solicitation and ask questions about the solicitation. While attendance is not mandatory, it is highly encouraged.

Vendors should notify the Point of Contact that they plan to attend the Pre-Bid Conference no later than August 11, 2026.

A public bid opening will take place on August 29, 2026, at 1:30 pm. All submitted Responses will be opened and announced at that time. Vendors are welcome to attend, but attendance is not required for consideration. The location of the public bid opening is:

Microsoft Teams meeting

Join: https://teams.microsoft.com/meet/23073663337648?p=QIH8gyi02JCSoradvI

Meeting ID: 230 736 633 376 48

Passcode: 7LD2V45f

Need help? | System reference

Dial in by phone

+1 737-471-3847,,87276539# United States, Austin

Find a local number

Phone conference ID: 872 765 39# mailto:kayla.dugue@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov mailto:spd.cmo@cpa.texas.gov https://teams.microsoft.com/meet/286050197939760?p=lcxMMVjOQgVovBabxa https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZGRjMzJiM2ItNjM0My00NWMxLWEyMzAtNGZhZjg0NTE3OWU3%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%223076f9e5-7142-4211-9ff9-0a891bd00f32%22%7d tel:+17374713847,,911844743 https://dialin.teams.cloud.microsoft/58d35282-7dff-490c-8e1a-27eb861dcb13?id=911844743 https://teams.microsoft.com/meet/23073663337648?p=QIH8gyi02JCSoradvI https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjRlNjI5ZTUtN2I5MS00N2VhLWJjNjQtMmRhY2U3YWM3Njc4%40thread.v2/0?context=%7b%22Tid%22%3a%222055feba-299d-4d0d-aa5a-73b8b42fef08%22%2c%22Oid%22%3a%223076f9e5-7142-4211-9ff9-0a891bd00f32%22%7d tel:+17374713847,,87276539 https://dialin.teams.cloud.microsoft/58d35282-7dff-490c-8e1a-27eb861dcb13?id=87276539

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A.11.6 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Part C: Federal Conditions

4. Attachment A - Execution of Response (with authorized signature)

Attachment B - Respondent Information

Attachment C - Preferences

Attachment D - Insurance Statement of Intent

Attachment E - Self Insured Retention (only if using SIR)

5. Attachment F - Requirements and Specifications

6. Attachment G - Estimated Delivery Frequencies

7. Mandatory Price Sheet in both .xml and .xlsx format (.xml is preferred)

A.12 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested

Parties at https://ethics.state.tx.us/filinginfo/1295/ (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for

Respondent’s failure to comply with this requirement.

A.13 EVALUATION OF RESPONSE

A.13.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any

Response that does not conform to the Solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A) or failure to submit the Mandatory Price Sheet will result in disqualification.

A.13.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the

Contract. The Respondent bears the burden of establishing:

(1) ability, capacity, and skill to perform the contract or provide the service required;

(2) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

(3) character, responsibility, and integrity;

(4) current compliance with laws relating to the contract or service;

(5) sufficient financial resources to perform the contract and provide the service; and https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fethics.state.tx.us%2Ffilinginfo%2F1295%2F&data=05%7C02%7CDaniel.Kinsey%40cpa.texas.gov%7Cd7d3dae962824caee0c808dd1ae5afc5%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C638696295979410307%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=tJoqzugiU8W8zeA5R45t1cFgU3a6Ah5J7WrvDRlcsi0%3D&reserved=0

Page A18

(6) conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

(1) A score of less than a C in the Vendor Performance Tracking System;

(2) Currently under a corrective action plan for a CPA contract;

(3) Repeated negative Vendor Performance Reports for the same stated reason;

(4) A record of repeated non-responsiveness to vendor performance issues; and

(5) Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.gov/vpts

Vendor Performance may also be used to determine if a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

A.13.3 Best Value

CPA will determine best value for the state as directed by Texas Government Code § 2155.074. CPA will consider compliance with specifications, purchase price, and risk of vendor non-performance as described in A.14.2 above.

A.13.4 Ties

CPA may break a tie by applying preferences under state law that were claimed in the Response. If no preference applies, CPA may award tied items to a randomly selected Respondent that offers best value.

A.14 AWARDS

A.14.1 Award Approach

CPA intends to make an award to the vendor providing the best value to the state for each line item.

This may result in awarding different line items to different vendors. The price evaluation will be the lowest price per comparable unit of product.

A.14.2 Non-award

CPA may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

http://www.txsmartbuy.gov/vpts

Page A19

A.14.3 Award Notice

If the Solicitation is awarded, CPA will issue a Notice of Award to the successful Respondents. The

Notice of Award will be transmitted via email to the Authorized Respondent Representative.

A.14.4 Substitutions

The Contractor shall not substitute a contract item or brand without prior written approval from

Statewide Contract Management.

A.15 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.15.1 Confidential/Proprietary Information

If any material in the Response is confidential or proprietary, Respondent must clearly mark those pages as “confidential” in bold type. Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas

Public Information Act. Respondent must also provide a redacted copy of any Response document marked confidential or proprietary. A blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not sufficient and may make the entire

Response subject to release under the Act. Any information not clearly identified as confidential may be disclosed.

See also Section B.2.4 of Part B of this Solicitation for additional terms and conditions related to the

Public Information Act.

A.15.2 Attachment A - Execution of Response

Respondent must complete, sign, and submit the Execution of Response – Attachment A. Failure to complete, sign, and submit this form will disqualify the Response.

A.15.3 Attachment B - Respondent Information

Respondent must provide all requested information on Attachment B and submit the form with

Response.

A.15.4 Attachment C - Preferences

Respondents should review this attachment and complete it. CPA will apply preferences as required by law.

A.15.5 Attachment D - Insurance Statement of Intent

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.6.

A.15.6 Attachment E - Self Insured Retention Certification and Request for Approval

Only if the Respondent has elected for Self-Insured Retention on any required insurance coverage

(reference Part A, Section A.6), the Respondent should complete and return Attachment E - Self

Insured Retention Certification and Request for Approval with its response.

Page A20

A.15.7 Mandatory Price Sheet

Respondent must complete the Mandatory Price Sheet and return with Response in the format requested. CPA will disqualify Responses received without the Mandatory Price Sheet.

Respondent should not manipulate or modify the price sheet, other than by entering the requested information in the provided spaces. Alteration to the Mandatory Price Sheet may lead to disqualification. If Respondent represents multiple brands or has multiple qualifying models with different pricing, Respondent may submit multiple bids for a single line item by submitting multiple

Mandatory Price Sheets.

The Mandatory Price Sheet is available in two formats, .xml and .xlsx. Respondent can select either format (.xml version is preferred). Respondent should submit only one Mandatory Price Sheet unless submitting a separate Response for multiple brands or models.

A.15.8 Negotiations, Assumptions, and Exceptions

The inclusion of assumptions in a Response may render it nonresponsive. No assumptions should be included in Response. Instead, Respondent should seek to clarify a section of the Solicitation as needed through the question-and-answer process in Section A.11.3.

CPA is statutorily prohibited from negotiating IFB terms or conditions under most circumstances.

Accordingly, CPA must disqualify any Response with exceptions or assumptions under most circumstances. CPA must disqualify any Response that includes exceptions that materially change the specifications. Instead of including exceptions, Respondent should request any desired modifications to the solicitation through the question-and-answer process in Section A.11.3. CPA, as a state agency, is prevented by the Texas Constitution from indemnifying vendors. The Respondent should not request

CPA or Customers to indemnify it.

On company letterhead or in a Microsoft Excel® spreadsheet, the Respondent must clearly identify each exception taken, noting the specific Solicitation section number, section title, detailed description of exception taken, and Respondent’s proposed alternate language using the following format:

Section Section Title Exception Proposed Language

CPA may reject an incomplete exception without consideration. If there are no exceptions, the

Response should explicitly state that the Respondent takes no exceptions.

A.15.9 Descriptive Literature for Products Offered

Reference Section A.7 – Requirements and Specifications

Respondent must indicate manufacturer, brand or trade name and product number on the Mandatory

Price Sheet and should provide with its Response complete descriptive information for each product offered.

A.15.10 Signed Addenda to Solicitation

Respondent shall submit signed copies of all Solicitation addenda, if any, with its Response.

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A.16 SUBMITTING THE RESPONSE TO CPA

Responses received after the stated due date and time will not be accepted or reviewed.

The Response must clearly state the Response Due Date and Time identified on the Cover Page, Schedule of Events, and be titled: Response Submitted for IFB 304T-27-380M1.2 Dairy and Juice

Scheduled Deliveries.

A.16.1 Electronic Submission (Preferred)

Use the following email address to submit a Response electronically:

SPD.ebids@cpa.texas.gov

The email subject line should contain the Solicitation number and title as indicated on the cover page.

The Respondent is solely responsible for ensuring that its Response is received by CPA before the deadline at the proper destination server. It is recommended that Respondent begin the process well in advance of 1:30 p.m. on the due date.

CPA recommends a limit of 10 MB of attachments per email. To meet this limit, a Response may be split into multiple emails.