ESBD_File_353164_2 2024-1037 Specifications and Scope of Work.pdf

McALLEN INDEPENDENT SCHOOL DISTRICT

Request for Proposal No. 2024-1037 Fresh Produce for Child Nutrition Program Specifications and Scope of Work

Rev. 6/2021

1.0 BACKGROUND

McAllen Independent School District (the “District”) is a multicultural community of over 20,000 students. The District’s vision is to educate all students to become lifelong learners and productive citizens in a global society through a program of educational excellence utilizing technology and actively involving parents and the community. The District consists of eighteen (18) elementary schools, six (6) middle schools, three (3) traditional high schools, and two (2) non-traditional high schools.

Officers of the District are:

Debbie Crane-Aliseda, Trustee Erica de la Garza-Lopez, Trustee Elizabeth (Lizzie) Kittleman, Trustee Sofia M. Peña, Trustee Lucia Regalado, Trustee Aaron D. Rivera, Trustee Sam Saldivar, Jr., Trustee Dr. René Gutiérrez, Superintendent

2.0 INTENT

It is the intent of the District, through this Request for Proposal (“RFP”), to select respondent(s) (“Respondent”), offering the best value for fresh produce, specifically, fruits and vegetables. The District’s Child Nutrition Program (“CNP”) will solicit monthly produce quotes from Awarded Respondent(s).

3.0 REQUIREMENTS

The Specifications and Scope of Work (“SOW”) will take precedence over the General Terms and Conditions when they are in conflict. Please read the General Terms and Conditions and the following information carefully. Any exceptions to these General Terms and Conditions and SOW may be cause for a Respondent to be disqualified.

4.0 TERM AND TERMINATION OF AGREEMENT

The period of the contract (“Contract”) resulting from this RFP will be for a term of one (1) year.

4.1 Termination without Cause. District shall have the right to terminate this contract without cause on thirty (30) days written notice to the Respondent.

4.2 Termination with Cause.

4.2.1 Termination by District. District may terminate this Contract immediately upon the occurrence of any of the following events:

4.2.1.1 Any conduct of the Respondent, which jeopardizes the health, safety, or welfare of any person, or the safety, reputation, or the regular functions of the District.

4.2.1.2 Failure to provide evidence of liability insurance, as required.

4.2.1.3 Failure of Respondent to immediately bar any individual from performing services under this Contract, if such individual does not meet the qualifications required by this Contract or if such individual commits a material breach of one of the terms of this Contract.

4.2.1.4 In addition, if the Respondent commits a material breach of any of the terms of this Contract, other than those listed in subsections 4.2.1.1 through 4.2.1.3 above, District may terminate this Contract upon no less than thirty (30) days written notice.

4.3 Respondent shall not be entitled to lost profits or any further compensation not earned prior to the time of cancellation.

5.0 PRICING, INVOICING AND PAYMENT

The pricing offered through this RFP must remain firm for the term of the Contract. Price decreases and/or discount percentage in favor of the District are acceptable at any time throughout the term of the contract. In case of a price increase required due to market shortage or market change, documentation must be submitted for approval to Laura Williams, Director of Purchasing Services at laura.williams@mcallenisd.net.

6.0 EVALUATION CRITERIA

In determining who will be awarded, the District shall consider:

6.1 the purchase price;

6.2 the reputation of the vendor and of the vendor’s goods or services;

6.3 the quality of the vendor’s goods or services;

6.4 the extent to which the goods or services meet the District’s needs;

6.5 the vendor’s past relationship with the District;

6.6 the impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses (in accordance with 2 CFR 200.320);

6.7 the total long-term cost to the District to acquire the vendor’s goods or service;

6.8 for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner:

6.8.1 has its principal place of business in this state; or

6.8.2 employs at least 500 persons in this state; and

6.8.3 any other relevant factor specifically listed in the request for proposals.

6.9 Federally Funded Projects shall be in accordance with:

6.9.1 Code of Federal Regulations, 2 CFR 200.320; or

6.9.2 United States Department of Agriculture (“USDA”) guidelines, 2 CFR 200; and

6.9.3 Buy American Act Guidelines.

6.10 Relative Weights:

6.10.1 Relative weights for state and local criteria: 98%

6.10.2 Relative weights for federally funded criteria: 2% as applicable

Refer to Attachment “A” for weights.

7.0 EVALUATION COMMITTEE.

The evaluation committee which will be comprised of Laura Williams, Director of Purchasing Services;

Elizabeth Cabrera, Coordinator for Purchasing Services; Liz Montes, Senior Buyer; Sonia Esquivel, Director of Child Nutrition; Denise Ortiz, CNP Assistant Director; Celina Mendiola, CNP Procurement Specialist; and Scott Nelson, Sourcing & Cost Specialist will evaluate the RFP and recommend the successful vendor(s).

8.0 COMMUNICATION WITH DISTRICT PERSONNEL

Respondent submitting a proposal shall not discuss this RFP with employees of District or members of the Board of Trustees. Communication includes, but is not limited to, unsolicited literature, email, faxes, or phone calls related to any aspect of this RFP. If discussion is necessary, you will be notified in writing. Failure to abide by this requirement will result in automatic disqualification at the discretion of the District. All questions must be posted on the Questions tab.

mailto:laura.williams@mcallenisd.net.

9.0 SCOPE OF WORK

9.1 The District plans to award multiple Respondent(s) meeting the requirements listed in this section.

9.1.1 Due to price fluctuations, the pricing provided in the “Line Items” tab shall reflect pricing for the week of March 11, 2024 – March 15, 2024, for the purpose of accurate comparison and evaluation of this RFP.

9.1.2 District will conduct a cost/price analysis based on 9.1.1.

9.2 Respondent(s) shall:

9.2.1 Have facilities approved by the United States Department of Agriculture (“USDA”).

Upload USDA Approved Facilities Certificate to the Ionwave “Response Attachments” tab.

9.2.2 Have a Hazard Analysis and Critical Control Points (“HACCP”) Plan in place. Upload HACCP Plan to the Ionwave “Response Attachments” tab.

9.2.3 Have a plan in place to inform and address the recall of produce items. Upload Recall of Produce Items Plan to the Ionwave “Response Attachments” tab.

9.2.4 Provide the most recent produce inspection report from the local health department or the USDA; the inspection report shall be 2023 or newer. Upload the Produce Inspection Report to the Ionwave “Response Attachments” tab.

9.2.5 Have appropriately refrigerated delivery vehicles to maintain produce freshness and quality.

9.2.6 Have a pest elimination service in place for their business location(s), produce storage facility, and delivery vehicles.

9.3 The District may give geographic preference, when evaluating proposals, to local farmers where produce is grown and harvested within a fifty (50) mile or less distance from McAllen, Texas, and within the U.S. in accordance with the State of Texas Education Code, Section 44.042:

9.3.1 “A school district that purchases agricultural products shall give preference to those produced, processed, or grown in this state if the cost to the school district is equal and the quality is equal.” “If agricultural products produced, processed, or grown in this state, are not equal in cost and quality to other prods, the school district shall give preference to agricultural products produced, processed, or grown in other states of the United States (“U.S.”) over foreign products if the cost to the school district is equal and the quality is equal.”

9.4 The Buy American Act, set forth in 7 CFR Part 210.21(d), requires that participants in the National School Lunch Program and School Breakfast Program use the federal nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products.

9.5 7 CFR part 210.21 (d) defines a “domestic commodity or product” as “an agricultural commodity that is produced in the United States; and a food product that is processed in the U. S. substantially using agricultural commodities that are produced in the U.S.”

9.5.1 “Substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.

9.5.2 Exceptions to the Buy American provision are allowed based on:

9.5.2.1 A domestic food product not available in the specified quantity or quality; or

9.5.2.2 There is no domestic alternative source or substitute food product; or

9.5.2.3 The costs of a US product are significantly higher than the non-domestic product.

9.6 If bidding non-domestic produce with their proposal, Respondent(s) shall upload the Buy

American Provision Exception Request Form. (Attachment B Buy American Provision Exception Request Form is available for download on the “Attachments” tab)

9.6.1 Failure to provide the Buy American Exception Request Form if bidding non-domestic produce, as stated in 9.5, will result in disqualification.

9.7 The District will monitor the availability of domestic and non-domestic foods as of the award date using data in the USDA Agricultural Marketing Service’s (“AMS”) weekly market report.

9.8 Awarded Vendors shall:

9.8.1 Have an established place of business that will follow practices, processes, and protocols established by local, state, and federal agencies with respect to their field of service and goods.

9.8.2 Conform to all state and federal guidelines for quality control and/or food handling.

9.8.3 Have access to a lab or facility that tests for the following: E. coli, Listeria

Monocytogenes, Salmonella, Staphylococcus Aureus, Shigella, etc.

9.8.4 Provide produce deliveries to District cafeterias at all twenty-nine (29) campus sites and to Central Kitchen before 6:30 a.m. (see Attachment C Central Kitchen and Campus Locations for delivery addresses, available for download on the “Attachments” tab.)

9.8.5 Ensure that all produce is delivered in clean, well-maintained, refrigerated trucks.

9.8.6 Provide a food handler’s permit or a comparable food certification, upon request by

CNP, for delivery drivers who have direct contact with produce.

9.8.7 Ensure that delivery personnel are uniformed and display the company name.

Delivery personnel shall not have access to students.

9.8.8 Ensure all weekly delivered produce has a shelf-life expectancy of at least five (5) days from the date of delivery.

9.8.9 Ensure that all deliveries be accompanied by an invoice that will be signed and left with the CNP personnel at each location. This invoice shall be used to match the invoice that the Awarded Vendor submits.

9.8.10 District will email the monthly produce Request for Quote (“RFQ”) three weeks prior to the expected delivery date. To be considered for the monthly award, Awarded Vendors shall submit price quotes by the due date, as stated in the District RFQ email.

The quote shall include the Awarded Vendor’s company name, date, and phone number.

9.8.11 Awarded Vendor quoting non-domestic produce on the monthly RFQ shall submit the Buy American Provision Exception Request Form and shall explain the reason for the exemption request.

9.8.12 District Award of monthly RFQ will be based on price comparison of all produce items requested.

9.8.13 Monthly Awarded Vendor will be notified by District email and will receive tabulated orders electronically a week in advance of required service.

9.8.14 Each produce item quoted on a monthly RFQ shall have pack size and specifications.

9.8.15 CNP will have the discretion to accept or reject any deviation.

9.8.16 CNP staff will inspect all produce deliveries. Produce that does not meet specifications shall be picked up and replaced or credited by the Awarded Vendor.

9.8.16.1 Unacceptable forms of produce may include, but are not limited to, produce that is spoiled, damaged, overripe, crushed, wilted, etc. No decayed produce will be accepted.

9.8.17 CNP has the right to reject an Awarded Vendor’s monthly quote due to unsatisfactory service, product, or unsanitary conditions.

9.8.18 Product substitution requests shall be made a minimum of seventy-two (72) hours prior to a scheduled delivery by emailing a Product Substitution Request Form to Celina Mendiola, CNP Procurement Specialist at celina.mendiola@mcallenisd.net.

9.8.19 All substitution requests shall require approval by CNP. (Attachment D Product Substitution Request Form is available for download on the “Attachments” tab in Ionwave.)

mailto:celina.mendiola@mcallenisd.net

9.8.19.1 All substituted products shall be of equal or higher quality and the price shall be equal to or less than the price quoted for the requested items.

9.9 Awarded Vendor(s) invoices shall be submitted to CNP via email to:

• Cynthia Zamarripa, CNP Accounts Payable Clerk at cynthia.zamarripa@mcallenisd.net.

• Maricela Meza, CNP Specialist Budget & Cost at maricela.meza@mcallenisd.net.

9.10 Awarded Vendor(s) shall email weekly account statements to:

• Cynthia Zamarripa, CNP Accounts Payable Clerk at cynthia.zamarripa@mcallenisd.net.

• Maricela Meza, CNP Specialist Budget & Cost at maricela.meza@mcallenisd.net.

9.11 Invoices for produce are received, closed, and paid by CNP.

9.12 ADDITION OF GOODS: During the contract term, the District may request quotes from the monthly Awarded Vendor for additional produce items not listed in the RFP to ensure that the District Child Nutrition Program student needs are met.

10.0 AWARD INFORMATION

Award information will be available for download from our website within ninety (90) days of opening:

https://mcallenisdtx.sites.thrillshare.com/page/awarded-vendors.

11.0 INSTRUCTIONS FOR SUBMITTING A PROPOSAL

The District prefers and encourages Respondents to submit their response through Ionwave (https://mcallenisd.ionwave.net), however, we will accept submittals in a sealed envelope via mail or hand delivered. Email Liz Montes, Senior Buyer at emontes@mcallensd.net for address and mailing instructions.

mailto:cynthia.zamarripa@mcallenisd.net mailto:maricela.meza@mcallenisd.net mailto:cynthia.zamarripa@mcallenisd.net mailto:maricela.meza@mcallenisd.net https://mcallenisdtx.sites.thrillshare.com/page/awarded-vendors https://mcallenisd.ionwave.net/ mailto:emontes@mcallensd.net

1.0 BACKGROUND