ESBD_574734_1794001868255_TMD27-TSG-0046340 Meal Services RFP.pdf

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TEXAS MILITARY DEPARTMENT

SOLICITATION

NIGP Code(s)

963-47 Meals

SOLICITATION NO.

TMD27-TSG-0046340

TYPE OF SOLICITATION

Request for Proposal (RFP)

DATE ISSUED

11/06/2026

REQUEST FOR PROPOSAL (RFP) – Meal Services Respondent must submit electronic responses no later than 2:00 P.M. local time on 11/30/2026 to the following email address –

Procurement@military.texas.gov and copy Sarah.Whitsitt@military.texas.gov Attention: TMD27-TSG-0046340

TMD is not currently accepting in-person solicitation responses. TMD will only accept electronic responses received by the date and time indicated in this solicitation document.

FOR INFORMATION CONTACT:

Sarah Whitsitt, CTCD, CTCM

Contract Specialist

PHONE: (512) 782-3822

EMAIL:Procurement@military.texas.gov and copy Sarah.Whitsitt@military.texas.gov

RESPONSE (RESPONDENT MUST FULLY COMPLETE & SIGN BELOW OR YOUR RESPONSE WILL BE DISQUALIFIED)

DISCOUNT FOR PROMPT PAYMENT: 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. TMD may pursue and enforce any available remedies against the Vendor for making false statements, including disqualifying the Vendor’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

This solicitation must be in accordance with the attached Standard Terms and Conditions rev. 9 10/13/26. Unit prices must govern in the event of extension errors.

TERM, PRICING, and FUNDING The initial contract term is effective January 1, 2027 through December 31, 2027. The contract has four (4) one (1)-year optional renewal periods available, which TMD solely reserves the right to exercise one (1) optional renewal period at a time.

If necessary, at the end of the last optional renewal period, TMD may also extend the Contract as described in the terms and conditions section entitled “Contract Term.”

TMD will not allow changes after Date of Award to terms or pricing during either the initial term of the Contract or any optional renewal period. The continuation of the Contract for any period is subject to the availability of TMD’s funding source for the Contract.

mailto:Procurement@military.texas.gov mailto:Sarah.Whitsitt@military.texas.gov mailto:Sarah.Whitsitt@military.texas.gov

TMD27-TSG-0046340 RFP – Meal Services Page 2 of 28

ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of successful Respondents and award of the contract, if any, will proceed according to the following schedule (below).

The dates in this Anticipated Schedule of Events are tentative, and TMD reserves the right to modify these dates at any time. At the sole discretion of TMD, events listed in the Anticipated Schedule of Events are subject to changes and cancellation. Scheduling changes or cancellation made prior to the Deadline for TMD to receive Proposals will be published as an Addendum posted to ESBD. Respondent is required to sign and return an Addendum or Addenda with the Proposal.

Date Time CST Event

11/06/2026 Solicitation Posted to ESBD.

11/17/2026 10:00 – 11:00 A.M.

Mandatory site visits. Located at Camp Swift, TA2 850 FM2336, McDade, TX 78650

Failure to attend one (1) of the site visits will result in disqualification of the response. State issued identification (i.e. Driver’s License) is required to access the site.

11/17/2026 2:00 – 3:00 P.M.

Mandatory site visits. Located at Camp Swift, TA2 850 FM2336, McDade, TX 78650

Failure to attend one (1) of the site visits will result in disqualification of the response. State issued identification (i.e. Driver’s License) is required to access the site.

11/19/2026 2:00 P.M. Last day to submit written questions for clarification to TMD.

11/25/2026 Estimated date for TMD to post responses to Question and Answer (Q&A) document to ESBD.

11/30/2026 2:00 P.M. Deadline for TMD to receive Proposals.

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Table of Contents

SECTION A—DEFINITIONS

SECTION B—SERVICES AND PROPOSALS

B.1 Proposal Submission REQUIREMENTS B.1.1 Proposal Instructions

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.1 Billing and Payment B.3.2 Payment Adjustment B.3.3 Late Payment B.3.4 Deductions for Unacceptable Compliance B.3.5 Withholding of Payment B.3.6 Debts and Delinquencies B.3.7 Right to Offset

B.4 COST PROPOSAL

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 STATEMENT OF WORK

C.2.1 Catering Services C.2.2 Optional Catering Supplies Rental C.2.3 Serving Operations C.2.4 Personnel C.2.5 Catering Service Regulations and Requirements C.2.6 Waste Disposal and Cleanup

C.3 Specifications C.3.1 Food Categories C.3.2 Products C.3.3 Special Requirements C.3.4 General Requirements

C.4 TMD PERSONNEL

C.4.1 TMD’s Contract Administrator C.4.2 TMD’s Program Project Manager

C.5 INSURANCE REQUIRED UNDER THE CONTRACT

C.6 Criminal History Background Check

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 AMENDMENTS TO THE SOLICITATION

E.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

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E.3 SIGNATURES ON RESPONSE SUBMITTED

E.4 RESPONSE ACCEPTANCE PERIOD

E.5 CONTRACT AWARD

E.6 TMD’s RIGHTS

E.7 RESPONSE SUBMISSION INSTRUCTIONS

E.7.1 Volume One – Contract Forms and Required Response Information E.7.2 Volume Two – Information Section E.7.4 Volume Four – Cost and Pricing Response

E.8 DISCUSSION AND CORRESPONDENCE

E.9 SUBMISSIONS SUBJECT TO THE Texas public information act

E.11 ANTICIPATED SCHEDULE OF EVENTS

E.12 SITE VISITS

SECTION F—EVALUATION CRITERIA

SECTION G—LIST OF ATTACHMENTS

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SECTION A—DEFINITIONS

The following terms and acronyms used in the Contract have the meanings given in this section unless the context indicates otherwise.

“Addenda” or “Addendum” means a written addition, change, or supplement to this Solicitation that is posted to the ESBD.

“BAFO” means best and final offer.

“Business Day” means days occurring Monday through Friday except for the legal holidays observed by the State of Texas. The terms “Working Days” and “Business Days” may be used interchangeably. All uncapitalized references to “days” shall be calendar days.

“Contract” means the written agreement entered into by TMD and Successful Respondent, which will incorporate the contents of this RFP and the Successful Respondent’s Proposal, except as may be provided in the Contract and any amendments thereto.

“Contract Term” means the definite period of time that the Contract will remain in effect.

“Contractor” means the individual, business entity, or organization awarded the Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date the Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“ESBD” means the Electronic State Business Daily, an online platform, administered by the Statewide Procurement Division (SPD) of the Comptroller of Public Accounts, that publishes solicitations for the purpose of informing vendors of procurement opportunities and provides public notice of contract awards.

ESBD may currently be accessed at http://www.txsmartbuy.com/esbd.

“Fiscal Year” means any of the one (1)-year periods beginning September 1 and ending August 31 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and TMD.

“Proposal” means a written offer to contract with the State, submitted in response to this Solicitation.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with TMD.

“Solicitation” means this RFP, including all exhibits, attachments, forms, and Addenda, if any.

“State” means the State of Texas and its instrumentalities, including TMD, its officers, employees, or authorized agents, and any other state agencies.

“Successful Respondent” means the Respondent with whom TMD executes a Contract to provide the goods and/or services that this Solicitation requires.

http://www.txsmartbuy.com/esbd

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“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Tex. Gov’t Code Ch. 437.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

“VPTS” means Vendor Performance Tracking System, as described under Texas Government Code §

2262.055 and 34 TAC § 20.115. Reporting requirements and vendor performance factors considered in VPTS are described in Texas Government Code § 2155.089 and 34 TAC § 20.509.

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SECTION B—SERVICES AND PROPOSALS

B.1 PROPOSAL SUBMISSION REQUIREMENTS

B.1.1 Proposal Instructions

A. Respondent must fully and completely address all requirements described in this solicitation.

Incomplete or partial proposals will not be considered. The Respondent must provide all information that the Respondent believes would be helpful to TMD in evaluating the Respondent’s ability to fulfill the solicitation requirements. Respondent shall prepare a proposal that clearly and concisely represents its qualifications and capabilities.

B. Proposal Format – the proposal submitted in response to this solicitation must:

a. Be responsive to all Solicitation requirements;

b. Be in the 8 1/2" by 11" paper layout;

c. Be clearly legible; and

C. Deadline - Proposals must be received by Procurement as prescribed no later than the date and time specified in Anticipated Schedule of Events (on page 2 of this solicitation).

TMD is not responsible for Proposals emailed late, illegible, incomplete, or otherwise considered disqualified due to failure of electronic equipment or operator error.

D. Respondent must deliver and provide the commodities and services described in compliance with all requirements of the Contract on a no minimum, as needed, as requested basis.

Notwithstanding anything else to the contrary in the Contract, TMD will not make any payments of any amount to awarded Respondent or any other entity or person, and awarded Respondent will not submit any invoices, until awarded Respondent has received approval from TMD’s Contract Monitor specifically stating that TMD accepts the commodities or services and awarded Respondent is authorized to submit an invoice. If TMD does not accept the commodities or services, the Contract will involve no payments of any type for any amount.

B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

A. Contractor’s invoice must include the following:

1. The Contract number or Purchase Order number;

2. remittance address; and

3. any prompt payment discount offered.

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B. Contractor must send an email with the invoice copy to payables@military.texas.gov and to the Contract Monitor.

An original, hard-copy invoice, if required by Contractor, will be submitted to the office designated below:

Texas Military Department (TMD) Attn: Accounts Department P.O. Box 5218, Building 11

Austin, Texas 78703

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not mail the invoice to the appropriate email addresses identified in this section.

B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit completed Attachment G.2, Direct Deposit Authorization Form 74-176.

B. Regardless of whether Direct Deposit is chosen or not, Respondent must also submit a completed Texas Application for Payee Identification Number Form AP-152 with its proposal submittal, See Section G. List of Attachments.

Reference: Contractor Set-up for Solicitation TMD27-TSG-0046340

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization Form and Application for Taxpayer Identification Number Form to TMD for another separate contract, Contractor is not required to re-submit either of these forms.

B.3.1 Billing and Payment

A. TMD will not make any payments of any amount to Contractor until an accurate invoice is received that complies with Section B.2. TMD will notify Contractor if invoice is deemed to be inaccurate within 20 days of receipt.

B. Texas Government Code Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

C. If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify Contractor of the dispute and request clarification or remedial action.

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D. If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, Contractor must resubmit an invoice reflecting all corrections.

B.3.2 Payment Adjustment

A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified in or any money determined to be due as specified in the Contract.

B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld and an invoice issued to Contractor for the remaining amount due.

C. Contractor must pay the invoiced amount within 30 days of receipt unless Contractor and TMD mutually agree on an alternative payment method.

B.3.3 Late Payment

Any amount owed to Contractor more than one (1) day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified by Tex. Gov’t Code § 2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with the Contract.

B.3.4 Deductions for Unacceptable Compliance

If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.3.5 Withholding of Payment

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract Compliance Reports and Data required from Contractor;

2. Failure to comply with background check or security requirements;

3. Failure to respond to audit reports; and

4. Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

C. Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive days.

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D. In the event that money is due to TMD for Contractor’s failure to provide adequate maintenance or replacement of the property as required in the Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 days from date of the Contract’s termination.

B.3.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under the Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.3.7 Right to Offset

In the event TMD determines that Contractor owes money to TMD under any contract or purchase order, TMD, upon providing Contractor with written notice of its intent to offset, will have the right to withhold monies due to Contractor with respect to the Contract or with respect to any other contract or purchase order with TMD and apply such monies to the money due to TMD.

B.4 COST PROPOSAL

Cost information must be included as a separate document. Respondents must provide a not-to-exceed cost estimate per plate for breakfast and dinner services.

Respondent must state pricing for all goods and/or services rendered during the course of any Contract resulting from this Solicitation, including any and all costs involved that are to be paid or reimbursed by TMD during the initial Contract Term and any renewal or extension periods. The Cost Proposal must be submitted and labeled as specified in Section 4.4 (Proposal Submission and Delivery). No reimbursement is available to the Successful Respondent beyond the amount agreed to be paid for the goods and/or services provided. Pricing agreed to in any resulting Contract shall be firm and remain constant through the life of the Contract.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Texas State Guard (TXSG) holds routine training events throughout the year at Camp Swift, Texas for its service members. TMD is requesting proposals for hot meal catering, breakfast and dinner meal service to attendees and employees during these training events.

C.2 STATEMENT OF WORK

C.2.1 Catering Services

A. Meals should be prepared on-site and daily, requiring a mobile kitchen or truck.

B. Food Categories: Breakfast Meals, Dinner Meals, Desserts, Beverages, and Condiments.

C. Service Style: Food should be displayed and served buffet-style or equivalent catering setup.

D. Delivery Setup

1. Contractor must provide all serving equipment (disposable or non-disposable), utensils, and necessary accessories.

2. Contractor must handle food supply, setup, buffet service, and cleanup.

3. Contractor must have a mobile kitchen or truck for food prep and cooking, as utilities at Camp Swift facilities may or may not be operational at any time.

C.2.2 Optional Catering Supplies Rental

These items are optional and will not affect evaluation criteria.

A. Rental Items: Tables, chairs, table coverings, serving equipment, hot plates, steam tables, trays, etc.

B. Contractors will set up, pick up, and clean rental items at no additional cost to the State.

C.2.3 Serving Operations

A. Location: Location will be confirmed no later than seven (7) days prior to start of event.

Camp Swift TA1 1705 State Hwy 95

Bastrop, TX 78602

Or

Camp Swift TA2

850 FM2336

McDade, TX 78650

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B. Schedule: Service will take place across four (4) days once a month. Service will start with dinner on day one (1) and end with breakfast on day four (4).

C. Meal Service Schedule: Breakfast is served at 6:30 A.M. Dinner is served at 6:30 P.M.

D. Quantity to Serve: TMD’s Project Manager, see Section C.5.2, will provide quantity requirements no later than seven (7) days prior to start of event.

C.2.4 Personnel

A. Contractor must ensure that all catering staff are appropriately dressed to meet safety standards.

B. Contractor must ensure that Personal Protective Equipment (PPE) is worn while service food.

C. Contractor must ensure that no personnel involved in this contract are on the National or State Sex Offender Registry.

C.2.5 Catering Service Regulations and Requirements

A. Contractor must comply with all state health and safety regulations

B. Contractor must maintain valid health department certifications.

C. Contractor must maintain a sufficient workforce to cover event requirements at all times, and in cases of personnel emergency.

D. Contractor must report damages to the designated TMD Program Project Manager immediately upon discovery.

C.2.6 Waste Disposal and Cleanup

A. Contractor must dispose of waste and complete cleanup within three (3) hours after the event.

B. Waste must be placed in designated waste dumpsters on site.

C.3 SPECIFICATIONS

C.3.1 Food Categories

A. Breakfast Meal – Includes:

1. Proteins: Real Eggs (scrambled or over medium), Pork Bacon, Sausage Patties, or Ham Slices

2. Carbohydrates: Potatoes (hash browns or home-fried), Toast, Biscuit, or Pancakes

3. Sides: Assorted Fresh Fruit

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4. Beverages: 1% or 2% Milk, Orange Juice, Coffee

B. Dinner Meal – Includes:

1. Protein: One (1) main protein option (Preference for pork, beef, and/or chicken)

2. Carbohydrates: One (1) main carb option

3. Hot Vegetables

4. Garden Salad with assorted dressings

5. Bread: Dinner Rolls or sliced bread

6. Desserts

7. Beverages: 1% or 2% Milk, Iced Tea, Coffee, Flavored Drink - (For dinner only)

a. Ability to provide Religious/Specialty Dietary Meals: Vegan, Vegetarian, Kosher, and/or Halal alternate to supplement meal services upon request.

b. Ability to provide as-needed “to-go” bag meals

C. Desserts

1. Mini Desserts (e.g., Dessert Shooters, Petit Fours)

D. Beverages:

1. Electrolyte Hydration (Individual bottles or packets)

2. Bottled Water

3. Bulk Tea / Coffee

E. Condiments:

1. Sugar and Cream for Coffee

2. Salt and Pepper

3. Butter, Jam, Variety of Hot Sauces

4. Assorted Salad Dressings

C.3.2 Products

A. All items on the menu should be freshly prepared; day-old products are unacceptable.

Reheated items should comply with food safety standards.

B. Food portions should be uniform, properly sliced, and free from foreign objects.

C. No monosodium glutamate (MSG) is allowed in prepared foods.

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D. Meat and poultry should be USDA-approved and of prime or choice grade. Low-sodium and all-natural options should be available.

E. Beverages shall accompany all meals. No alcoholic beverages are permitted.

F. Serving items required to be supplied by contractor:

1. Plates and containers

2. Disposable cutlery, cups, and napkins

3. Salt, pepper packets, and straws

C.3.3 Special Requirements

A. Double Booking: Notify TMD’s Program Project Manager if a double booking occurs on the same day and ensure availability for the Texas State Guard event.

B. Invoice Policy: The contractor shall invoice only for approved items on the menu authorized by TMD’s Program Project Manager.

C. Menu Coordination: The final menu will be coordinated between the vendor and TMD’s Program Project Manager for each request.

D. Meal Scheduling: Mealtimes will be coordinated between the vendor and TMD’s Program Project Manager after the contract is issued.

E. Dietary Constraints: For any dietary constraints or allergies, all food-related constraints must be prepared in a way that protects the food from contamination.

C.3.4 General Requirements

A. The Contractor shall designate in writing a Supervisor authorized to act on the Contractor’s behalf during the performance of this contract and will provide a written designation of the Supervisor via email to TMD’s Program Project Manager 48 hours prior to any change in Contractor supervision. This Supervisor(s) shall be present when contract employees are working. This individual will be the Single Point of Contact (SPOC) between TMD’s Program Project Manager and Contractor on all matters of the contract.

B. The Contractor shall be in compliance with all Federal, State and local laws, regulations, policies, permits and insurance pertaining to the appropriate food industry.

C. Contractors may not have received more than four (4) critical findings and must have a passing score on their most recent health inspection. Inspection records and additional documentation shall be provided.

D. The Contractor will transport food to feeding sites in clean, covered vehicles that will not subject the food to adulteration or contamination. Failure to maintain sanitary

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E. Prepared food items will be marked with a time four (4) hours past the point in time when the food is removed from hot holding and/or refrigeration.

F. The food will be served within four (4) hours from the point in time when the food is removed from temperature control. The food not consumed within the four (4)-hour limit will be discarded.

G. Personal Hygiene: the Contractor shall ensure its contract employees follow food safety and sanitation standards.

H. All Contractor employees must carry proper photo identification with them at all times.

The Contractor must ensure compliance with all regulations and orders of the installation which may affect performance.

I. Unscheduled gate closures by Security Personnel may occur at any time, causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. All vehicles are subject to search and inspection pursuant applicable regulations.

J. The Contractor's employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation.

K. Materials: The Government will not furnish any food preparation supplies or serving materials, e.g. plates, cups, spoons, cleaning materials etc.

L. Equipment: The Government will not furnish food preparation equipment.

M. The facilities available at Camp Swift are equipped with 110 V electrical outlets only.

Contractors are required to use equipment compatible with 110 V.

N. Contractors are required to provide an operable back-up generator, at NO additional costs to TMD, to ensure they can provide meal service if power is intermittent on site.

C.4 TMD PERSONNEL

C.4.1 TMD’s Contract Administrator

A. The Contract Administrator for administration of the Contract is Sarah Whitsitt.

B. The telephone number for the Contract Administrator is 512-782-3822.

C. The email address is Procurement@military.texas.gov.

The Contract Administrator is responsible for the general administration of the Contract, negotiation of any changes, and issuance of written amendments to the Contract.

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C.4.2 TMD’s Program Project Manager

A. The Project Manager for the Contract is Derek Mobley, SSG.

B. The telephone number for the Project Manager is 973-932-8294.

C. The email address is txsg.procurement@sg.tmd.texas.gov or derek.mobley@sg.tmd.texas.gov.

TMD’s Program Project Manager for the Contract is responsible for the overall management and coordination of certain project deliverables under the Contract.

C.5 INSURANCE REQUIRED UNDER THE CONTRACT

In its response, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified.

Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five (5) business days of Notice of Award, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award. Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit (for each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence Commercial Crime $50,000 Each Occurrence

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All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance contracts must: (1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and (2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers compensation and professional liability must name the Texas Military Department of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

A. provide all required written documentation under this section to the Contract Administrator.

B. 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.

C. ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 days’ advanced written notice to TMD. The certificates of insurance must be addressed to the Texas Military Department of the State of Texas as the certificate holder.

D. deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

E. 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 Contractor’s obligations under the Contract.

F. obtain and maintain insurance policies that provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under the Contract.

C.6 CRIMINAL HISTORY BACKGROUND CHECK

A. Contractor’s project personnel may be requested to submit to a fingerprint-based Criminal History Background Investigation, if required by TMD at Contractor’s expense. To facilitate this Criminal History Background Investigation, the Contract Administrator shall contact the Contractor with further instructions and requirements.

B. If required under the Contract, Contractor will not allow personnel who have not submitted to and successfully completed TMD’s fingerprint-based Criminal History Background Investigation and who do not otherwise maintain a TMD security clearance to work on the Contract. TMD

Page 18 of 28 08/01/2026 has the right to prevent Contractor’s personnel from gaining access to TMD’s building(s) and computer systems if TMD determines that such personnel do not pass the background check or fail to otherwise maintain TMD security clearance.

C. Throughout the term of the Contract, TMD may require Contractor personnel to submit to an annual TMD fingerprint-based Criminal History Background Investigation to TMD.

D. Throughout the term of the Contract, Contractor will promptly notify TMD of any activity or action by Contractor’s personnel that may affect that individual’s ability to continue to work under the Contract.

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of the Contract. These deliverables may be revised or additional ones may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO

RECEIVE REPORT

Other

Prior to Execution of Contract and upon renewal or replacement

Insurance Requirements

Contract, Section C.5

Contract Administrator

Per Service Within 30 days of service

Invoicing – Specific to the Contract

Contract, Section B.3 payables@military.texas.gov with a copy to the Program Project Manager mailto:payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended, all terms and conditions, which are not modified, remain unchanged.

B. Respondents must acknowledge receipt of all amendment(s) to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Respondent must submit the acknowledgement to TMD by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Respondent may subject its response to rejection.

E.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Alterations made before closing time will be initialed by Respondent or its authorized representative.

B. No responses can be withdrawn after closing date and time without approval by TMD. Should a Respondent, after closing time, request its response be withdrawn, the request must be made in writing.

C. TMD is not responsible for submissions delivered to TMD after the date and time stated on the first page of this solicitation. This includes delays associated with courier delivery services. It is the Respondent’s responsibility to ensure that it submits, and that TMD receives, its complete response timely. TMD recommends that Respondent submit their complete response well in advance of the due date and time stated on the Page 1 of this solicitation.

D. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

E.3 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one (1) general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

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E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement evidencing that the response is signed by the member with authority to bind the joint venture.

E.4 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 120 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 120-day period.

B. Such period may be extended beyond the 120 days upon mutual written agreement of both parties.

E.5 CONTRACT AWARD

A. TMD may award one (1) Contract resulting from this solicitation to the responsible Respondent, whose response, meeting or exceeding specifications and will be most advantageous to TMD, cost or price and other factors, specified elsewhere in this solicitation, will be considered.

B. A written award or acceptance of Response mailed or otherwise furnished to successful Respondent(s) within the time for acceptance specified in the response will result in a binding contract without further action by either party.

E.6 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add, or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

3. waive minor informalities and minor irregularities in responses received.

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. TMD reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

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D. TMD reserves the right to reject any one response or all responses or portions of responses submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

F. All responses and any content provided by the Respondent are considered the property of TMD for use for the life of any resulting contract as determined by TMD with respect to the scope of the project.

G. TMD reserves the right to use for its benefit ideas contained in the responses submitted.

H. TMD is not liable for any costs or damages that may be incurred by respondents or prospective contractors in the preparation, formulation, or presentation of a response.

I. In case of ambiguity or lack of clarity, TMD may adopt such interpretations as may be advantageous to TMD.

J. Upon review of responses, TMD may select the Respondent’s response(s) most advantageous to TMD, in its judgment, with whom to negotiate a final definitive contract(s).

K. Such determination will be solely at the discretion of TMD. All representations made by TMD are subject to the availability of legislative appropriations and do not represent an obligation on the part of the State of Texas, or TMD.

L. TMD reserves the right to withdraw this solicitation at any time for any reason.

M. TMD reserves the right to award no contract and to solicit additional responses at a later time.

N. TMD incurs no obligation regarding this solicitation unless and until a contract is fully executed by the parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

O. TMD will not hold a public response closing event.

E.7 RESPONSE SUBMISSION INSTRUCTIONS

E.7.1 Volume One – Contract Forms and Required Response Information

This section will contain the following completed contract sections (on original forms) with original signatures, where applicable:

A. Solicitation, Page 1 (with amendment(s) noted on this page or signed amendment(s) attached to this form);

B. The name and address of Respondent’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Respondent. For the purpose of responding to this solicitation, Respondent will not be required to purchase insurance, but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Respondent’s response is selected.

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C. Inspection Records from the five (5) most recent health inspections

D. Current Certificate for the Texas Food Handlers Safety Course for all employees

E. Attachment G.2, Direct Deposit Authorization Form 74-176, completed if choosing direct deposit as a possible payment option;

F. Attachment G.3, Application for Texas Identification Number Form AP-152;

G. Documentation from the appropriate state entity that indicates that Respondent is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts).

E.7.2 Volume Two – Information Section

A. Cover Page: List name and address of Respondent, date of response, solicitation identifier, and signature of authorized official.

B. Introduction: Clear expression of who Respondent is, to include an outline of organizational capabilities, goals, project management process approach, business process management design, other previous accolades, and a listing of all subcontractors.

C. Information Sheet: Including all information required of Respondent and any subcontractors.

1. Name and address (including telephone number) of Respondent and all subcontractors.

2. Business form of Respondent and its subcontractors (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

D. Sample Menu: Respondent must provide a sample menu for one (1) full training. This must include three (3) breakfast meals and three (3) dinner meals. The sample menu must be indicative of a standard menu offered throughout the contract term.

E. Respondent must identify and provide in its response a minimum of three (3) references relating to past contracts or projects that are similar in size and scope.

Respondent must provide, at a minimum, the name, email address, phone number, and title for each reference provided. Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

F. Respondent is encouraged to provide a response narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to

Page 23 of 28 08/01/2026 clearly demonstrate Respondent’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments. Respondent must ensure that all material submitted should be directly pertinent to the requirements of this solicitation and will be formatted as to the specific requirement as delineated in this solicitation.

G. Assumptions. No assumptions should be included in a response. All issues or questions that might be advanced or addressed by way of assumption should be submitted to TMD. The inclusion of assumptions in a proposal may result in a Respondent not being awarded a contract.

H. Exceptions. No exceptions should be included in the response. Respondent is encouraged, in lieu of including exceptions in its response, to address all issues that might be advanced by way of exception by submitting questions to TMD during the question and answer period. Respondent must identify any exception it takes to the solicitation for which it requests approval.

1. For every instance where Respondent does not propose to comply or agree to a requirement or term in this solicitation, Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception.

Respondent must provide this information in the format prescribed by TMD.

Respondent waives a requested exception if the exception deviates in any way from these requirements or the specific exception is not submitted with Respondent’s response. TMD will not consider any exception that does not meet these requirements, and the exception will be rejected without consideration.

2. A Respondent that takes any exceptions may result in its response being disqualified and deemed non-responsive to the solicitation. In this event, TMD will remove Respondent’s response from further consideration. Additionally, TMD is prohibited by law from accepting certain exceptions, such as indemnifying vendors. This is another reason why TMD strongly discourages Respondents from submitting exceptions.

3. If Respondent agrees to the terms of this solicitation in its entirety, Respondent should explicitly state that it takes no exceptions.

E.7.4 Volume Four – Cost and Pricing Response

Respondent must provide updated pricing schedules in the exact format noted in this solicitation.

NOTE: Respondent may offer alternate or additional services but must provide such offered services within the same format as detailed in this solicitation.

E.8 DISCUSSION AND CORRESPONDENCE

A. All communications and questions concerning this solicitation, including any of a technical nature, will be made in writing only to:

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Sarah Whitsitt, CTCD, CTCM, Contract Administrator Email: Procurement@military.texas.gov and copy sarah.whitsitt@military.texas.gov.

B. Written responses to the questions will then be provided to all parties requesting copies of this solicitation through TMD’s Procurement and Contract Services.

C. Respondent should rely only on the written information provided in this manner.

Respondent is specifically cautioned against relying on any oral information.

D. All respondents are specifically barred from making contact with any TMD personnel involved in this solicitation for the purpose of discussing its responses.

E. Respondent may; however, seek clarifications of the solicitation through the written process described above.

F. Respondent is reminded that 11/19/2026 at 2:00 P.M. Central Time is the last day to submit written questions for clarification by TMD.

G. The responsiveness of each response will be evaluated upon the written instructions provided by throughout this solicitation and as described in Section F, Evaluation Criteria.

H. Unauthorized contact with TMD personnel by any Respondent may result in Respondent’s response being rejected in its entirety.

E.9 SUBMISSIONS SUBJECT TO THE TEXAS PUBLIC INFORMATION ACT

TMD is a governmental body subject to the Texas Public Information Act (PIA), Texas Government Code Chapter 552. The response and other information submitted to TMD by Respondent are subject to release as public information by TMD. The response and other submitted information is presumed subject to disclosure unless a specific exception to disclosure under the PIA applies.

If it is necessary for Respondent to include proprietary or otherwise confidential information in its response or other submitted information, Respondent must clearly label that proprietary or confidential information and identify the legal basis for confidentiality. Merely making a blanket claim that the entire response is protected from disclosure because it contains some proprietary information is not acceptable, and will make the entire response subject to release under the PIA.

In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the response that are considered by Respondent to be proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified by Respondent as proprietary or confidential will be deemed subject to disclosure under the PIA. Respondent will irrevocably deemed to have waived, and Respondent agrees to fully indemnify the State of Texas and TMD against any claim of infringement by TMD regarding the intellectual property rights of Respondent or any third party for any materials appearing in the response.

Under the Freedom of Information Act (FOIA), Texas Public Information Act (TPIA)/Open Records, and Privacy Act (PA) may request Ress and information, after award, to the TMD at:

mailto:sarah.whitsitt@military.texas.gov

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By mail to: Texas Military Department ATTN: Office of the General Counsel, JFTX-GC (FOIA Officer) P.O.Box 5218 Austin, TX 78763-5218

By email to: ng.tx.txarng.mbx.freedom-of-information-act@army.mil

By fax to: 512-782-6988 (ATTN: FOIA Officer)

If you need a special accommodation pursuant to the Americans with Disabilities Act (ADA) requirements, please contact our ADA Coordinator at benefits@military.texas.gov.

E.10 AGENCY POSTING OF CONTRACTS

After award, information, documentation, and other material in connection with this solicitation or the Contract may be subject to public disclosure under the Public Information Act.

Without prior written notice to Respondent, the redacted response may be posted on TMD’s website as part of the Contract per Tex. Gov’t Code § 2261.253(a).

E.11 ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of successful…