ESBD_File_338972_RFP 2024-1085 Raider Red Meat for Resale and Speciatly Food Items.pdf

Request for Proposal

Request for Proposal ("RFP") Number:

RFP Name:

RESPONSES MUST BE RECEIVED BEFORE:

1:00 PM Central, 10/5/2023

NOTE: Responses must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

2024-1085

Raider Red Meat for Resale and Specialty Food Items https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

RFP for 2024-1085 Raider Red Meats for Resale and Specialty Food Items

Rev. February 1, 2022 Page 2 of 21

TABLE OF CONTENTS

SECTION 1: GENERAL INFORMATION

1.1 Introduction

1.2 Primary Contact

1.3 Scope of Goods or Services

1.4 Proposal Submittal Requirements

1.5 Event Information

1.6 Term of Award

1.7 Historically Underutilized Business ("HUB") Firms

1.8 HUB Subcontracting Plan

1.9 Right to Modify, Rescind, or Revoke the RFP

1.10 Signature and Certification of Proposer

1.11 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents' Rules, and TTU Operating Policies and Procedures

1.12 Compliance with RFP Requirements

1.13 Right of Rejection

1.14 Binding Effect of Proposal

1.15 Use and Disclosure of Information

1.16 Group Purchase Authority

1.17 E-commerce

1.18 Withdrawal or Modification

1.19 Risk of Loss, Damage, or Delay

1.20 Digital Signature

1.21 Insurance Requirements

SECTION 2: SCOPE OF WORK

2.1 Objectives

2.2 Project Details

2.3 Mandatory Requirements/Conditions

2.4 Delivery and Inspection

2.5 Quality Measures

2.6 Compensation and Fees

2.7 Invoicing and Payment

2.8 Alternate Proposals

SECTION 3: EVALUATION CRITERIA FOR AWARD

3.1 Evaluation Process

3.2 Proposer's Acceptance of Evaluation Methodology

3.3 Evaluation Criteria and Weights

3.4 Scoring Methodology

3.5 Consideration of Additional Information

3.6 Oral Presentations and Interviews

3.7 Award Process

3.8 Best and Final Offer

3.9 Protest Procedures

3.10 Contract Documents

3.11 Not Exclusive

APPENDIX A: DEFINITIONS

Rev. February 1, 2022 Page 3 of 21

SECTION 1

GENERAL INFORMATION

1.1 Introduction

Texas Tech University ("TTU") is seeking competitive Responses to a Request for Proposal ("RFP") for purchase and delivery of meats for resale and specialty food items for TTU’s Raider Red Meats (“RRM”). This RFP provides sufficient information for interested parties to prepare and submit Proposals for consideration by TTU. Additional information may be made available by written request to the Primary Contact identified in Section 1.2.

1.2 Primary Contact ("Primary Contact")

Crystal Lopez Solicitations.purchasing@ttu.edu Texas Tech University TTU Plaza Suite # 408 Box 41094 Lubbock, TX 79409-1094

1.2.1 All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of

Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website.

Only those replies to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer to review TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

Questions must be emailed or submitted in writing to the TTU Primary Contact.

1.2.2 Except as provided in this RFP (e.g., designated Point of Contact) and as otherwise necessary for the conduct of existing TTU business operations, Proposers are expressly and absolutely prohibited from engaging in communications with TTU personnel who are involved in any manner in the drafting of the RFP, in the review or evaluation of the Proposals, in the selection of a Contractor, Negotiation, or formalization of a Contract. If any Proposer engages in conduct or communications that TTU determines is contrary to the prohibitions outlined in this section, TTU may, at its sole discretion, disqualify the Proposer and remove the Proposal from consideration.

1.3 Scope of Goods or Services

TTU is seeking competitive Responses to a Request for Proposal ("RFP") for Purchase and delivery of meats for resale and specialty food items for RRM. Critical factors in generating profit revolve around the purchase price of meat and specialty food items supporting these sales.

1.4 Proposal Submittal Requirements

1.4.1 By submitting a Proposal, the Proposer certifies an understanding of this RFP and has full knowledge of the scope, nature, quality, and quantity of the work to be performed, the detailed requirements of the Goods or Services to be provided, and the conditions under which the Goods or Services are to be performed. The Proposer also understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Proposer. If selected for a contract award by TTU, the Proposer will notify TTU immediately of any material change in any matters about which the Proposer has made a statement or representation or provided information.

Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete Proposal to all requirements and questions as directed.

1.4.2 Submittal Instructions for TechBid Proposals

TTU requires that all Proposals be submitted in the TechBid system at https://www.ttu.edu/about/ mailto:Solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu

Rev. February 1, 2022 Page 4 of 21 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech.

Proposers must submit Proposals online no later than the date and time indicated in the Schedule of Events.

TTU recommends that the Proposer submit the Proposal at least twenty-four (24) hours before the deadline for submission to accommodate any technical issues. If the Proposer encounters ANY issues with submitting a Response, the Proposer must contact the Primary Contact before the deadline.

In order to be considered responsive, the following items must be submitted in TechBid:

1. Proposer’s Response Form

2. Price Sheet (Attachment A)

3. Signed Affirmation and Conflict of Interest

1.5 Event Information

1.5.1 Schedule of Events

TTU intends to follow the timeline below for evaluating, negotiating, and issuing a Contract:

Schedule of Events

Event Date Time Notes

Distribution of RFP Thursday, October 5, 2023

1:00 PM

Central

Deadline for Submission of Written Questions

Friday, October 20, 2023

1:00 PM

Central

TTU will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date Friday, November 3, 2023

Central

Online Proposal Opening Friday, November 3, 2023

Central

INSERT ZOOM LINK

Evaluation of Proposals Novermber 2023-February

* All dates are tentative and subject to change.

1.5.2 Solicitation Conference

A Solicitation Conference will not be conducted for this RFP.

1.5.3 Online Proposal Opening

A public Proposal Opening will be conducted via an online meeting at the date and time shown in the Schedule of Events. At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

For convenience, Proposers may request a list of Proposals received by contacting the TTU Primary Contact after the opening. All submitted Proposals become the property of TTU after the RFP submission deadline and will not be returned.

In the event of a change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

1.6 Term of Award

Rev. February 1, 2022 Page 5 of 21

The maximum term for an awarded Contract under this RFP is anticipated to begin September 1, 2024, or the date of the last signature, whichever is later, and to expire four (4) years from that date. Unless terminated earlier pursuant to the Contract terms, the Contract would automatically renew for up to four (4) one (1) year renewal terms unless either party provided written notice of its intent not to renew the Contract at least sixty (60) days before the end of the initial or then-current renewal term. The parties may negotiate and mutually agree on an alternate term.

In accordance with Regents' Rule 07.12, any resulting Contract will require a termination without-cause provision of one hundred and eighty (180) days or less, or the Contract may not exceed four (4) years total term with renewals.

1.7 Historically Underutilized Business ("HUB") Firms

TTU endeavors to promote full and equal opportunity for businesses to supply TTU with Goods or Services necessary to support TTU's educational mission. In this regard, TTU commits to selecting Proposers in accordance with (i) TTU needs, (ii) TTU resources, (iii) TTU HUB goals, (iv) guidelines established by the Texas legislature and Texas Procurement and Support Services ("TPASS"), and (v) TTU Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide TTU full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or TTU's HUB regulations may result in rejection of any Proposal or immediate cancellation of any Contract.

TTU is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the TTU organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@ttu.edu.

1.8 HUB Subcontracting Plan (“HSP”)

TTU has determined that there are either no subcontracting opportunities in the performance of the Scope of Work of this Solicitation or any resulting Contract is not anticipated to exceed $100,000.00 over the term, including all renewals and extensions. Consequently, the Proposer is not required to submit an HSP with the Solicitation response.

However, if the Proposer discovers opportunities to subcontract and the resulting Contract is anticipated to exceed $100,000.00 over the term, including all renewals and extensions, the Proposer must submit a completed HSP at the time of the Proposal submission. The Proposer must include a completed HSP even if the Proposer intends to self-perform. Any required supporting documentation (e.g., proof of Good Faith Effort) must be submitted with the HSP.

1.8.1 HSP Resources

▪ HSP preparation assistance: solicitations.purchasing@ttu.edu.

▪ Fillable HSP form: http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf.

▪ State of Texas Centralized Master Bidders List:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

1.8.2 TTU’s FY 2023 HUB Goals are:

27.34% for commodities contracts.

1.9 Right to Modify, Rescind, or Revoke the RFP

http://www.depts.ttu.edu/opmanual/OP72.12.pdf https://comptroller.texas.gov/purchasing/vendor/hub/ https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php mailto:solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

Rev. February 1, 2022 Page 6 of 21

TTU reserves the right to modify, revoke, or cancel this RFP in whole or in part at any time before the date on which TTU executes a Contract with the selected Proposer(s).

1.10 Signature and Certification of Proposer

The Proposal must be signed and dated by a representative of the Proposer who is legally authorized to bind the Proposer to the terms and conditions contained in this RFP and can ensure compliance with the submitted Proposal.

Each Proposer submitting a Proposal certifies to (a) the completeness and accuracy of the information provided in the Proposal and (b) the authority of the individual whose signature appears on the Affirmation and Conflict of Interest to bind the Proposer. Proposals submitted without the required signature will be disqualified.

1.11 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents’ Rules, and TTU

Operating Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of TTU. TTU Operating Policies and Procedures may be accessed at http://www.depts.ttu.edu/opmanual/ and TTU System Regents’ Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. TTU System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

1.12 Compliance with RFP Requirements

By submitting a Proposal and by signing the Affirmation and Conflict of Interest, the Proposer agrees to be bound by the requirements set forth in this RFP, TTU’s General Terms and Conditions contained in the RFP, as well as the TTU Purchase Order terms and conditions, all of which will be incorporated into any Contract awarded by TTU. If the Proposer takes exception to any of the terms or cannot agree to be bound by all terms, TTU, at its sole discretion, may review and, if deemed in TTU’s best interest, disqualify the Proposal from consideration.

1.13 Right of Rejection

This RFP does not commit TTU to select a Proposer or to award a Contract to any Proposer. TTU reserves the right to accept or reject, in whole or in part, any or all Proposals it receives pursuant to this RFP at any time during the RFP process and prior to a fully executed Contract.

A Proposal consisting of only alternate Goods or Services (i.e., a Proposal that offers Goods or Services different from those requested by this RFP and is not otherwise invited) may be considered non-responsive by TTU and is subject to rejection. TTU shall reject a Proposal if the financial Proposal was not arrived at independently without collusion, consultation, communication, or agreement as to any matter relating to such prices with any other potential Proposer. Proposals which are qualified with conditional clauses, revised clauses, alterations, or items not called for in the RFP, or irregularities of any kind, are subject to disqualification by TTU, at its option, regardless of the time of detection. TTU shall consider any of the foregoing prohibited actions to be grounds for Proposal rejection or Contract termination and may result in debarment of the Contractor from future TTU Solicitations.

TTU has the right to reissue this RFP in order to gain additional competitive Proposals. If TTU reissues this RFP, any Proposer who has submitted a Proposal, may elect to resubmit the original Proposal. In order to be considered for a Contract award, the Proposer must resubmit a Proposal.

TTU reserves the right to evaluate Proposals against any governmental agency, institution of higher education, or purchasing cooperative contract to determine the Best Value.

1.14 Binding Effect of Proposal

Unless otherwise agreed in writing and signed by the Chief Procurement Officer or their designee, each Proposer agrees to and shall be bound by the information and documentation provided with the Proposal, including prices quoted for Goods or Services. Proposals shall be valid for TTU’s acceptance for a minimum of two hundred and seventy

(270) days from the submittal deadline date to allow time for evaluation, selection, Negotiations, and any unforeseen delays. Proposals, if accepted, shall remain valid for the duration of the Contract.

http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php

Rev. February 1, 2022 Page 7 of 21

1.15 Use and Disclosure of Information

Proposers acknowledge that TTU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by TTU only for purposes related to or arising out of the (a) evaluation of Proposals, (b) selection of a Proposer or Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, TTU in its sole discretion, may declare the Proposal non-responsive and reject it.

By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas Legislative Budget Board requirements.

TTU reserves the right to contact references or contact names listed below and shall be free from any liability to Proposer for conducting such inquiry.

1.16 Group Purchase Authority

Texas law authorizes institutions of higher education (defined by §61.003, Education Code) to use the group purchasing procurement method (ref. §51.9335, Education Code). Other institutions of higher education, local, county, and other quasi-governmental entities, independent school districts, and State of Texas agencies may also elect to enter into a contract with the successful Proposer under this RFP based upon any awarded Contract. The Proposer should also note that TTU may procure Goods or Services for itself or on behalf of any TTU System component institution. When submitting a Proposal in response to this RFP, the Proposer should consider proposing pricing and other commercial terms that take into account higher volumes and other expanded Best Value opportunities that could result from the eventual inclusion of TTUS, its other component institutions, and other institutions, governments, and State agencies in the Goods or Services requested in this RFP.

1.17 E-commerce

TTU utilizes the Jaggaer e-commerce platform to issue purchase orders and process invoices. The Proposer agrees to comply with any TTU requirements for participating in electronic commerce.

1.18 Withdrawal or Modification

No Proposal may be changed, amended, or modified after it has been submitted or filed in response to this Solicitation, except for obvious errors or as part of the Negotiation process approved in writing by the Chief Procurement Officer.

However, a Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals.

Modifications will be allowed on the TechBid website until the deadline for Proposal submittals. No Proposal may be withdrawn after the submittal deadline without approval by TTU, which shall be based on Proposer’s submittal in writing of a reason acceptable to TTU.

1.19 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless TTU, its campus components, Board of Regents, officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to Procurement Services at TTU, as detailed in this RFP.

1.20 Digital Signature

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.61.htm https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Rev. February 1, 2022 Page 8 of 21

Proposers must sign documents and correspondence using software approved by the TTU. To be approved by TTU, a signature software platform must: (1) be compliant with the ESIGN Act of 2000, and the Electronic Transaction Act (UETA), (2) must utilize signatory accounts that authenticate users by password, and (3) produce a timestamp for the digital signature. The following three are specifically approved: Adobe Sign, DocuSign, and Verisign. TTU utilizes Adobe Sign for its signature process. TTU will support other digital signature platforms as long as they comply with this policy.

1.21 Insurance Requirements

Consistent with its status as an independent contractor, Contractor will carry and cause its Subcontractors to obtain and maintain at least the following insurance, with companies authorized to do business in Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code.

TTU in no way warrants that these limits are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Scope of Work. The Contractor will assess its own risks and, if it deems appropriate or prudent, maintain higher limits or broader coverages. The Contractor is not relieved of any liability or other obligations assumed by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

All policies will be written on a primary basis, non-contributory with any other insurance coverage or self-funded plans which TTU maintains.

1.21.1 The Contractor agrees to furnish insurance certificates reflecting the following coverage:

Type of Coverage Limits of Liability Commercial General Liability, including products and completed operations

a. General Aggregate $2,000,000

b. Products/Completed Operations Aggregate $2,000,000

c. Each Occurrence Limit $1,000,000

d. Personal Advertising Injury $1,000,000

Automobile Liability (covering leased, hired, non-owned and employee non-owned vehicles) Bodily Injury/Property Damage (each accident) $1,000,000

Personal Injury Protection Statutory

NOTE: An umbrella policy may be used to reach required limits.

1.21.2 Commercial General Liability (“CGL”) must include coverage for liability arising from Goods or Services-completed operations and liability assumed under an insured Contract.

1.21.2.1 If the CGL insurance has a general aggregate limit then ISO endorsement CG 25 04 (03/97 Edition) or its equivalent must be added. The Designated Location(s) General Aggregate Limit must be maintained for the duration of the Contract, and the limit must be twice the minimum required occurrence limit.

1.21.2.2 Contractor will name TTU, and its Board of Regents, officers, employees, agents, and volunteers as Additional Insureds on ISO endorsement CG 20 26 or its equivalent. The policy shall include ISO endorsement CG 20 01 04 13.

1.21.2.3 The CGL policy shall contain no endorsements or modifications limiting the scope of coverage for liability assumed under the Contract, or liability arising from pollution.

1.21.3 Additional Insured, Subrogation

All policies must include a waiver of subrogation favoring TTU. TTU must be an additional insured on all policies.

1.21.4 Certificates of Coverage

At least thirty (30) days prior to the effective date of the Contract and at least thirty (30) days prior to the commencement of any renewal term of the Contract, or upon renewal of the policies, Contractor shall furnish Procurement Services with certificates of insurance in a form acceptable to TTU, certifying that the http://www.texas-statutes.com/insurance-code

Rev. February 1, 2022 Page 9 of 21

Contractor carries the required insurance policies and coverage. The certificates shall be sent to Procurement Services at procurement.insurance@ttu.edu. Failure of TTU to request such certificates does not eliminate the requirement for the Contractor to maintain the required coverage.

1.21.5 Notification of Cancellation

The Contractor will endeavor to notify Procurement Services thirty (30) days before any material change or cancellation of any insurance policy. In the event the Contractor receives notice of modification or cancellation of any of the policies required under any Contract, then prior to the effective date of modification or cancellation of the policy, the Contractor will obtain a policy of insurance affording the required coverage from an insurance carrier acceptable to TTU. If the Contractor fails to obtain such an insurance policy, TTU may immediately terminate the Contract after providing the Contractor with notice of such termination.

mailto:procurement.insurance@ttu.edu

Rev. February 1, 2022 Page 10 of 21

SECTION 2

SCOPE OF WORK

2.1 Objectives

TTU’s RRM exists to provide hands-on, real-world experiences for students and to support scholarships in the

College of Agricultural Sciences and Natural Resources. One of the business goals of TTU’s College of Agricultural Sciences and Natural Resources includes purchasing various types and cuts of meat for resale. Key factors in generating profit revolve around the purchase price of meat and specialty food items supporting these sales.

These items include, but are not limited to, various fresh and frozen meats, spices, and packaging (“Product(s)”).

2.2 Project Details

RRM will order various cuts and types of meat for resale which includes, but is not limited to, beef, pork, lamb, bacon, sausage, smoked sausage, jerky, and ribs on an as-needed basis.

• Orders will be placed by RRM on an as-needed basis via TTU purchase orders. RRM will not be obligated to any minimum or maximum quantities. In addition, RRM may obtain quotes from other contracted vendors to ensure best value and pricing.

• Substitutions of ordered Product(s) are not allowed unless RRM has first been notified and has approved the substitution. RRM will issue a revised purchase order or change order to confirm acceptance of the substituted Products.

• Products shall be delivered F.O.B. TTU to the ship to code provided on the purchase order. Deliveries will only be allowed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, unless a special arrangement has been made with the ordering department. RRM will also have the option to pick up the Products at the Proposer(s)’ location.

2.3 Mandatory Requirements/Conditions

Proposer(s) agree that the Products ordered must meet the minimum grade and aging specifications required at the time of purchase. All meat and meat Products must originate from animals slaughtered in establishments operating under the Meat and Poultry Inspection Operations (MPIO) regulations of the Food Safety and Inspection Service (FSIS), or under a system of meat inspection approved by FSIS. Additionally, meats and meat Products must be processed in establishments that meet this requirement. Meat handling, packaging, and packing must comply with all USDA certifications.

Proposer(s) must ensure that the Product being delivered will comply with all applicable contracts, purchase orders, and specification requirements. Final acceptance of all Products will be by RRM at the point of delivery.

RRM will thoroughly review each incoming delivery to ensure that temperatures, box markings, appropriate stamps, delivery dates, and other obvious contractual or specification requirements have been met.

2.3.1 Meat Handling

RRM will specify the state of refrigeration for Product delivery. If the state of refrigeration is not specified, the Product will be delivered in the chilled state. RRM may specify the maximum length of time the Product may be held in the freezer prior to shipping. Product state of refrigeration includes but is not limited to:

Chilled: Proposer(s) will be responsible for delivering chilled Products at a temperature of not less than 28oF (-2.2oC) or higher than 40oF (4.4oC).

Frozen: Proposer(s) will be responsible for delivering frozen Products at or below 0oF (-17.8oC). RRM may specify portion cuts to be individually quick frozen (IQF). Products exceeding 0oF (-17.8oC) at the time of shipment will not be acceptable. The finding of any Product showing evidence of deterioration due to mishandling, thawing and refreezing, or freezer burn will not be acceptable.

Rev. February 1, 2022 Page 11 of 21

The use of dry ice or other USDA, FSIS-approved food refrigerants (except H2O ice) will be permitted to maintain temperatures. Proposer(s) must assure that all Products are packaged, processed, and stored in refrigerated areas that are adequate to maintain Product excellence until time of delivery.

2.3.2 Production, Temperature, and Time Limitations

Products failing to meet the following applicable temperature requirements will not be acceptable.

Products to be delivered chilled - Chilled meat Products will be in excellent condition and maintain an internal temperature of not less than 28oF (-2.2oC) or higher than 50oF (10oC) provided the Product is processed and packed on the same calendar day. Products not processed on the same calendar day of initial determination for excellent condition may be held for further processing provided the internal temperature is not less than 28oF (-2.2oC) or higher than 40oF (4.4oC) at the time of further processing.

Unless otherwise specified by RRM or within an Institutional Meat Purchase Specifications (IMPS) item description, fresh IMPS items to be delivered chilled will not be derived from meat that has been previously frozen.

Products to be delivered frozen - IMPS fresh Products to be delivered frozen will be determined to be in excellent condition in the fresh-chilled state. All Products to be frozen will be placed in the freezer within four (4) hours after final fabrication of the involved lot.

2.3.3 Packaging

Proposer(s) will ensure that the materials used for packaging and packing comply with FSIS regulations.

RRM may specify: 1) any of the following packaging methods that are applicable to Products procured, and 2) the number of items to be placed in each package.

o Carcasses, sides, quarters, and primal cuts or combinations thereof to be delivered frozen will be:

- Bagged in a crinkled paper bag and one stockinet, or

- Completely wrapped in plastic and one stockinet, or

- Completely wrapped with plastic or vacuum packaged and boxed unless otherwise specified.

o Carcasses, sides, quarters, and primal cuts or combinations thereof to be delivered chilled, do not need to be wrapped or boxed unless otherwise specified by RRM.

▪ Fabricated bone-in and boneless cuts; cured, smoked, and dried meat; and edible by-products that are not individually packaged, will be packed into boxes completely lined with plastic bags. Products may be individually wrapped, or layer packed with waxed paper or plastic material normally used for this purpose or vacuum packaged.

▪ Bulk packaged trimmings and/or coarse ground Products that are to be frozen and stockpiled, or are intended for further processing at a later date, will be packed into containers without the use of plastic liner bags. The containers will be wax-impregnated, or the interior panels wax-lined or plastic film laminated.

▪ Bulk ground and diced meat items will be packaged in plastic bags or casings. Filled bags or casings will have practically all air pockets forced out through the open end and will be closed by metal or plastic clips, tying, or folding to completely cover the Product.

When closed by folding, to avoid possible purge into the container, the open end of the bag will extend far enough beyond the Product so that the bag end can be folded over the top of the packaged Product.

▪ Portion-cut Products will be placed in fiberboard boxes lined with a plastic bag. The open end of the bag will overlap at the top to completely cover the Product. Individual layers of Product will be completely separated with waxed paper or plastic material normally used for this purpose. Portion cuts may be individually vacuum packaged.

Rev. February 1, 2022 Page 12 of 21 o Unless otherwise specified in the purchase order, Products such as frankfurters, sliced bacon, sliced dried beef, linked or bulk pork or breakfast sausage, etc., will be packaged and placed immediately in containers as illustrated in the following:

▪ Smoked and cooked linked sausage – 1- or 2-pound (454 g or 907 g) retail-type individual vacuum packages or bulk packed in 5-10 pound (2.3 kg to 4.5 kg) plastic-lined containers. When specified by RRM, layers one link deep will be separated with waxed paper or sheets of plastic material used for this purpose.

▪ Sliced bacon - 1- or 2-pound (454 g or 907 g) retail-type individual packages, shingle or laid-out packed with layers separated by waxed paper or sheets of plastic material used for this purpose. When specified by RRM, the paper separating the layers of layout-packed bacon will be of a heat-resistant type that will allow RRM to cook the Product on a grill or in an oven without removing the paper.

▪ Sliced dried beef - Either 1/4-pound, 1/2-pound, or 1-pound (113 g, 227 g, or 454 g) retail-type individual packages tightly packed to not more than 10 pounds (4.5 kg) net weight per container. Alternatively, the Product may be packed in a plastic-lined container not to exceed 10 pounds (4.5 kg) net weight.

▪ Bulk pork or breakfast sausage – 1- or 2-pound (454 g or 907 g) retail-type individual packages such as cello rolls or plastic bags packed not more than 10 pounds (4.5 kg) net weight per container or in a waxed or plastic-lined container not to exceed 10 pounds (4.5 kg) net weight.

▪ Fresh linked sausage – 1-pound (454 g) retail-type individual packages or layer-packed one link deep with parchment, plastic, or waxed paper separators between layers tightly packed to 5 to 10 pounds (2.3 kg to 4.5 kg) net weight.

o RRM may specify Products to be vacuum packaged and may specify any one or a combination of the following vacuum packaging methods:

▪ Bags - The finished Product is placed into a plastic bag. Air is evacuated from the bag and hermetically heat-sealed.

▪ Thermoforming – The finished Product is packaged using two separate plastic films.

Either the top or bottom plastic film is formed into the approximate shape of the finished Product. The remaining plastic film is applied; air is evacuated and hermetically heat-sealed.

▪ Vacuum skin - The finished Product is passed between two rolls of plastic films, one or both may be heated. The films make tight contact with the meat. At the same time, air is evacuated and hermetically heat-sealed.

2.3.4 Packing

Unless otherwise specified by RRM, shipping containers will be new, class domestic, and packed to full capacity without slack filling or overfilling. Unless otherwise specified by RRM, containers will not be packed in excess of 90 pounds (40.8 kg) net weight. The minimum bursting strength or minimum edge crush strength of the fiberboard (as applicable on the box maker’s certificate) and the maximum net weight of the container will comply with TABLE I. The bursting strength is measured using the "Mullen Test." The edge crush test (ECT) correlates to the top-to-bottom or vertical compression strength and is not applicable to solid fiberboard or weather-resistant containers.

2.3.5 USDA Certification

Grades are based on standards established by the U.S. Department of Agriculture, Agricultural Marketing Service. Food products supplied to TTU must be of the grade indicated for the item. USDA Inspection Grading and Inspection Certificates may be acquired where it is in the best interest of TTU.

It is the responsibility of the Proposer(s) to contact the USDA and arrange for inspection of the items that require inspection certificates. The cost for inspection and stamping of required products is the responsibility of the Proposer(s).

Rev. February 1, 2022 Page 13 of 21 o All Products must meet or exceed USDA or industry standards. The delivered Product must meet the grade at the time of delivery to RRM. When delivered Products appear to be below the grade of the Product specified, RRM reserves the right to return the Product for full credit or shipment of new Product. If the delivered Products appear to fall below the grade specified on a regular basis, RRM reserves the right to submit items in doubt to the nearest USDA office for official inspection and grading. The Proposer(s) shall be responsible for the cost of the inspection. An immediate Product inspection will be made at the point of delivery by RRM.

o The interpretation of descriptive terms of grade shall be in accordance with the USDA standards for grade in effect on the date of the invitation for proposal.

o If higher-grade Products are offered for delivery in lieu of those specified, it shall be acceptable providing all other requirements are met.

2.3.6 Product Sanitation

All Products shall be packed and prepared under sanitary conditions and in accordance with good commercial practices.

o Warehouse Location - The Proposer shall indicate in its proposal the address of the warehouse that will store Products to be furnished under an awarded contract. It is understood that unless specifically approved by RRM, all Products furnished hereunder shall be warehoused in facilities owned and operated by the Proposer.

o Health and Sanitation Code - The Proposer’s premises, equipment, supplies, and warehouse facilities shall be maintained, throughout the life of the contract, in conditions satisfactory to TTU and in compliance with the State of Texas Health and Sanitation Code. The Proposer and its employees shall adhere to the highest standards of cleanliness and sanitary practices in the performance of preparation, service, transportation, and storage of food and related items.

2.3.7 Additional Specifications for Meat & Poultry Products

All meats, poultry, prepared meats, meat food Products, and meat by-products (as defined in Rules and Regulations of the Department of Agriculture Governing the Grading and Certification of Meats, Prepared Meats, and Meat Products) covered by these specifications must originate from animals which were slaughtered or from Product items which were manufactured or processed in establishments operating under the supervision of the Meat & Poultry Inspection Program (MPIP) of the Consumer and Marketing Service (C&MS) of the United States Department of Agriculture (USDA) or under any other system of meat inspection approved by the Consumer and Marketing Service of the USDA.

o TTU will requisition Product items by specifying the item number, name, and the desired options such as grade or selection, weight range, formula, state of refrigeration, etc., indicated in each specification. Products must be offered for delivery on such a basis by the Proposer(s), subject to official examination, acceptance, and certification by USDA meat graders or other designated personnel. The examination, acceptance, and certification of Products by the USDA shall be in accordance with USDA Meat Grading instructions.

o In connection with the issuance of meat grade certificates, one or more kinds of official USDA meat grade certificates will be involved depending on whether the Product is for delivery chilled or frozen.

▪ Products for Delivery Chilled: When Products are to be delivered chilled, an official final certificate will be issued by the responsible USDA meat grader to cover all factors and details of the Products.

▪ Products for Delivery Frozen: When Products are to be delivered frozen, the responsible USDA meat grader will issue an official preliminary certificate, identified as such, to cover all factors and details of the chilled Product prior to freezing. The responsible USDA meat grader will issue an official final certificate covering all factors and details of the frozen Product prior to delivery.

o TTU may require the Proposer(s) to supply copies of all final certificates. The Proposer(s) shall pay the cost of the examination, acceptance, and certification.

https://www.ams.usda.gov/sites/default/files/media/QAD107ProcedureRequirementsMeatLabeling.pdf#:~:text=The%20Agricultural%20Marketing%20Act%20%28AMA%29%20of%201946%2C%207,Prepared%20Meats%2C%20and%20Meat%20Products%20Grading%20and%20Certification.

https://www.ams.usda.gov/sites/default/files/media/QAD107ProcedureRequirementsMeatLabeling.pdf#:~:text=The%20Agricultural%20Marketing%20Act%20%28AMA%29%20of%201946%2C%207,Prepared%20Meats%2C%20and%20Meat%20Products%20Grading%20and%20Certification.

https://www.ams.usda.gov/sites/default/files/media/QAD107ProcedureRequirementsMeatLabeling.pdf#:~:text=The%20Agricultural%20Marketing%20Act%20%28AMA%29%20of%201946%2C%207,Prepared%20Meats%2C%20and%20Meat%20Products%20Grading%20and%20Certification.

Rev. February 1, 2022 Page 14 of 21 o Products prepared for delivery under a purchase order shall not be offered to USDA meat graders for examination and acceptance more than seventy-two (72) hours before shipment.

o The detailed specifications for the various Products indicate two different states of refrigeration.

These are defined under 2.3.1 Meat Handling.

When the state of refrigeration is not specified on the purchase order the Product must be delivered chilled. All Products shall be packed, labeled, and conform in every respect to the provisions of the U.S. Department of the Interior, and regulations promulgated thereunder.

2.4.1 Delivery and Inspection

2.4.1 All Products ordered by TTU are subject to inspection and approval by the ordering department.

TTU reserves the right to reject and refuse acceptance of any Product which is not in accordance with the stated ordering instructions, specifications, or quality standards. Rejected Products shall be at the expense of the selected Proposer(s).

2.4.2 If for any reason TTU is not satisfied with a Product, the Proposer(s) shall replace the Product at no additional charge or provide RRM a credit.

2.5 Quality Measures

Proposer(s) will agree that Products ordered must be produced from a facility that utilizes HACCP Program and Products must be deemed wholesome and of the highest quality. The number of cases ordered will vary depending on the Product, ranging from 1 to 350 total cases per order.

• Compliance with Specifications - All shipments of food Products to TTU must comply with and strictly adhere to the specifications.

• Facilities and Operations Inspection - All Proposer(s) operations, as outlined in this section and in conjunction with this contract, shall be subject to inspection at all times. If, in the opinion of TTU, sanitary conditions are unsatisfactory, the Contract shall be subject to cancellation.

HACCP, or Hazard Analysis Critical Control Point, is a system used to control biological, chemical, and physical hazards associated with food service systems. This is accomplished by identifying potential hazards at specific points within the flow of food and preventing, eliminating, or reducing them to safe levels. The National Restaurant Association (NRA) and Food and Drug Administration (FDA) recommend that all food service facilities develop a proactive HACCP system. In doing so, facilities will be able to greatly reduce the risk of food-borne illness outbreaks by identifying potentially hazardous foods and problematic procedures, establishing control measures to reduce risk, monitoring these control measures, and verifying food safety through documentation. This includes purchasing foods only from suppliers who utilize the HACCP system to minimize risks associated with processing, storing, packing, and shipping potentially hazardous foods. To reduce the risk of food-borne illness outbreaks and enable TTU to maintain its HACCP program, it is therefore required that any supplier providing food to TTU be HACCP compliant.

Recall Notice: The Proposer(s) must, upon receipt of a recall notice from the manufacturer or government, notify TTU immediately. The Proposer(s) shall facilitate the timely return and credit of all recalled Products.

2.6 Compensation and Fees

2.6.1 Provide a detailed compensation schedule for the Goods provided or Services to be performed in response to this RFP. Proposed pricing will apply to every TTU department requesting Goods or Services and cannot be limited to select departments. Proposer(s) shall submit a schedule that clearly details the various compensation amounts and fees that will apply if the Proposer is awarded a Contract with TTU. TTU will not be obligated to compensate for any amounts that are not provided in the schedule or not included in the fully executed Contract.

2.6.2 Contract Pricing: Contract prices for Goods or Services will remain firm for twenty-four (24) months following

Rev. February 1, 2022 Page 15 of 21

Contract execution.

2.6.2.1 After the initial twenty-four (24) month period and on each annual anniversary date of the Contract thereafter, the Contract may be subject to an increase not to exceed three percent (3%). The first escalation would be applicable on the second anniversary of the Contract or the renewal date, based upon the three percent (3%) increase listed above. Each succeeding year, the same three percent (3%) increase will be used until all remaining optional renewals have been completed.

2.6.2.2 In the event there is a significant reduction in costs of materials or labor, TTU will work with the Proposer to negotiate a reasonable increase less than the standard three percent (3%).

2.7 Invoicing and Payment

2.7.1 Proposer(s) shall submit invoices by electronic means to TTU Payment Strategies at payment.strategies@ttu.edu and provide support for allocation of premium to the components as may be required.

2.7.2 Invoices will be paid net thirty (30) days in compliance with Texas laws. All invoices must reference a valid TTU Purchase Order, or the invoice will be returned as non-compliant. No commitment for Goods or Services is valid without a TTU Purchase Order.

2.7.3 Proposer(s) may submit a Proposal for a prompt payment discount.

2.7.4 TTU has established the following payment schedule for invoices based upon the payment option chosen by the Proposer:

• Automated Clearing House (“ACH”) transaction

• Single-Use Account (“SUA”) card (JP Morgan)

* If TTU is making payment on funds appropriated by the State of Texas, the payment term is net thirty (30) as required by law. TTU will submit an electronic check remittance to the email address on record for all ACH and SUA payments.

2.8 Alternate Proposals

TTU may consider alternate Proposals submitted by Proposer that expand or differ from these specifications.

Proposers submitting alternate Proposals should (i) clearly identify any exceptions taken to the Specifications set forth in this RFP and (ii) include a detailed description of the alternative(s) proposed. The Proposer may suggest additions to the specifications set forth in this RFP, and all such suggestions must be clearly defined. Alternate Proposals should be submitted as attachments to the Proposal. Alternate Proposals shall meet the same mandatory requirements and shall be in the same format as the Proposal’s base format.

mailto:payment.strategies@ttu.edu

Rev. February 1, 2022 Page 16 of 21

SECTION 3

EVALUATION AND AWARD PROCESS

3.1 Evaluation Process

TTU will utilize a Contract Review Team (“CRT”) for the evaluation of this RFP. The Contract will be awarded based on the Proposal judged to be in the best interest of TTU, and the judgment in this regard shall be considered final.

Any Contract resulting from this Solicitation shall be awarded to the Proposer providing the Best Value to TTU.

Under §51.9335 of the Texas Education Code in determining what is the Best Value, TTU may consider:

1. The purchase price;

2. The reputation of the Contractor and of the Contractor’s Goods or Services;

3. The quality of the Contractor’s Goods or Services;

4. The extent to which the Goods or Services meet the TTU’s needs;

5. The Contractor’s past relationship with TTU;

6. The impact on the ability of TTU to comply with laws and rules relating to Historically Underutilized Businesses and to the Procurement of Goods or Services from Persons with disabilities;

7. The total long-term cost to the institution of acquiring the Contractor’s Goods or Services;

8. Any other relevant factor that a private business entity would consider in selecting a Contractor; and

9. The use of material in construction or repair to real property that is not proprietary to a single vendor unless TTU provides written justification in the request for bids for use of the unique material specified.

3.2 Proposer’s Acceptance of Evaluation Methodology

Submission of a Proposal indicates the Proposer’s acceptance of the evaluation method and the Proposer’s recognition that some subjective judgments must be made by TTU during the awarding of evaluation criteria points.

3.3 Evaluation Criteria and Weights

Each Proposal shall be evaluated on the ability to meet TTU’s requirements and provide the Best Value to TTU. The Proposal shall be awarded points to each of the following evaluation criteria.

The evaluation will be based on the following:

Evaluation Criteria Points

Allowed

Criteria 1: Financial Value – Financial costs and/or benefits to TTU

• Cost of Goods and/or Services

• Cost of ongoing maintenance, service agreements, licenses, or support

• Warranties

• Shipping/delivery/import costs

• Installation costs and/or implementation fees

• Donated Goods and Services

• Sponsorships/scholarships/non-monetary contributions contributed by the

Proposer

• Other financial consideration

35%

Criteria 2: Demonstrated ability of the Proposer to fulfill TTU’s requirements in accordance with the specifications

• Proposer’s demonstrated professional experience

• Experience with institutions of higher education or similar-sized organizations

• Administrative support and service

• Reporting capabilities

• Compliance with IT requirements include accessibility, security, integration, and

TxRamp requirements.

• Project Schedules/estimated time to perform Services or installation time

35%

Rev. February 1, 2022 Page 17 of 21

• Quality, availability, and adaptability or Proposer’s supplies,…