Snack_Vending_Machine_Service_(Addendum_#2_Revision).pdf

RFP #2521SM

SNACK VENDING MACHINE SERVICE

To be used by multiple campuses and departments.

Issued by:

Sara Myers

Email: saraemyers@katyisd.org

Katy ISD Purchasing Department

URL: https://www.katyisd.org/purchasing/home

Phone: (281) 396-6260

Submittal Deadline

Date: Thursday, July 2, 2026 at 2:00 pm https://www.katyisd.org/purchasing/home

TABLE OF CONTENTS

Items below represent components which comprise this solicitation package. Respondents are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, please notify Sara

Myers immediately.

1. NOTICE OF INTENTION

2. REQUEST FOR PROPOSALS (RFP) REQUIREMENTS

3. SPECIAL TERMS AND CONDITIONS

4. SCOPE & SPECIFICATIONS

5. EVALUATION & AWARD OF RFP

6. EVALUATION CRITERIA

7. PRICING / DELIVERY INFORMATION

8. COST PROPOSAL

9. PROPOSAL QUESTIONNAIRE

10. Attachments

Attachments:

B - KISD_Standard_Terms_and_Conditions_2025

C - TDA Smart Snacks One-Pager

D - USDA smartsnacks

E - KATYISD district_map 2026 2027

F - Addendum #1 RFP #2521SM SNACK VENDING - Q&A 06.11.26

1. NOTICE OF INTENTION

Katy Independent School District (“Katy ISD” or the “District”) is issuing this Request for Proposals (RFP) for the procurement of Snack Vending Machine Service, in accordance with Texas Education Code § 44.031(a)(3). For information regarding the RFP process, contact the Purchasing Department at (281) 396-6260.

The initial term of this contract will be for one (1) year. The first year of contract shall be from 07.15.2026, through

07.16.2027, with the option to renew annually for up to an additional four (4) years, provided any subsequent renewal is agreed to in writing by both parties.

If all renewals are exercised, the contract term for vendors awarded under this solicitation, shall end on 07.16.2031.

Interested vendors should respond to this RFP and submit responses to Katy ISD for consideration.

Non-Electronic Bidding

Vendors may respond to the following solicitation by submitting a sealed response to the Purchasing Department either by mail or hand delivery up to the date listed in the timeline. Proposals received after the response deadline will not be accepted. All times are central standard time. Please submit proposals to 6301 South Stadium Drive, Katy, TX 77493.

2. REQUEST FOR PROPOSALS (RFP) REQUIREMENTS

2.1. Description

Please read this entire RFP document and specifications carefully. Respondent must complete all forms and submit their response with all appropriate attachments.

2.2. Request for Proposals (RFP) Documents

It is the responsibility of the vendor submitting a response to make certain that the Katy ISD OpenGov System has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda, or other critical information.

2.3. Tentative Timetable

Katy ISD anticipates following the timetable listed below for this solicitation:

Item Activity Date & Time

(all times listed as CST)

1 Solicitation starts to advertise (1st run) Thursday, June 4, 2026

2 Solicitation starts to advertise (2nd run) June 11, 2026

3 Pre-Proposal Conference N/A

4 Deadline for Questions Thursday, June 18, 2026 at 2:00 pm

5 Deadline for submission of responses Thursday, July 2, 2026 at 2:00 pm

6 Demonstrations / Interviews N/A

7 Anticipated Board Meeting Approval N/A

The table above is only an estimate and may vary.

2.4. Requirements for Responses

A. Respondents must submit solicitations by Thursday, July 2, 2026 at 2:00 pm (CST). Please refer to the “Special

Terms and Conditions” section to ensure that you submit all required information in the Katy ISD OpenGov

System.

B. Katy ISD does not accept responses after the due date and time.

2.5. Rights Reserved by Katy ISD and Restrictions on RFP Process

A. Katy ISD reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended

Request for Proposals.

B. Katy ISD further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with Katy ISD. Katy ISD may make multiple awards, and this fact should be taken into consideration by each vendor.

C. Katy ISD assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a response, any amendments, or addenda; participating in bid conferences, negotiation sessions, or discussions; or any other costs incurred by vendors prior to award of a contract pursuant to this RFP.

D. Katy ISD reserves the right to reject any and/or all responses, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of the School District. Katy ISD further reserves the right to accept, reject, or negotiate modifications in any terms of a proposed vendor’s response or any parts thereof. Katy ISD further reserves the right to waive any formalities or technicalities if deemed in the best interest of the School District.

E. Katy ISD reserves the right to be the sole judge of quality, make all decisions regarding this RFP, including, without limitation, the right to decide whether a Proposal substantially complies with the requirements of this

RFP.

F. The District may elect to issue supplemental solicitations and award additional vendors for the same or similar items/services during the contract term, if it is determined to be in the best interest of the District.

Supplemental solicitations will have the same solicitation number followed by an alpha character (i.e., Proposal

XXXX-A). Vendors that have responded successfully to the original or a supplemental solicitation do not have to respond to other supplementals.

2.6. Questions and Clarification

A. Questions regarding the requirements specified in this solicitation must be submitted within the Katy ISD

OpenGov System before Thursday, June 18, 2026 at 2:00 pm.

B. Katy ISD will not answer verbal questions; any responses to a prospective vendor’s questions will be posted within the Katy ISD OpenGov System.

3. SPECIAL TERMS AND CONDITIONS

3.1. Description

This portion of the RFP includes instructions on the format vendors must follow in preparing and submitting their responses. It further identifies how questions should be raised and will be addressed.

3.2. Compliance with Terms and Specifications

Vendors are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP. Any exceptions to the terms, conditions and/or specifications shall be conspicuously noted by the

Vendor in writing on the provided deviations form and shall be included with the response. Each vendor, by submitting a response, represents that they have read and understand the RFP.

3.3. Required Response Format

Responses should be direct, concise, complete, and unambiguous. Please ensure that you respond to all documents and attachments in this RFP.

3.4. Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions, and understandings (whether orally or in writing). Submitted responses should be self-explanatory and should not require any clarification or additional information.

3.5. Submission Deadline

Proposals shall be received no later than the submittal day and time deadline in the Katy ISD OpenGov System. No provisions or exceptions are made for late submissions due to the actions or consequences of the Vendor or a third-party. Any responses received after the submittal deadline date and time will be disqualified.

3.6. Submission Format

Katy ISD will accept bids and proposals submitted online via Katy ISD OpenGov System. Faxed or emailed proposals will not be accepted.

Non-Electronic Bidding

Vendors may respond to the following solicitation by submitting a sealed response to the Purchasing Department either by mail or hand delivery up to the date listed in the timeline. Proposals received after the response deadline will not be accepted. All times are central standard time. Please submit proposals to 6301 South Stadium Drive, Katy, TX 77493.

3.7. Vendor Information

The Vendor is responsible for ensuring that Katy ISD has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information.

3.8. Addendum

Any interpretations, corrections, additions, or changes to this RFP will be communicated to vendors by the issuance of an addendum. All vendors shall comply with the requirements specified in any addendum issued by Katy ISD. It is the responsibility of the Vendor, prior to submitting their response, to determine whether an addendum was issued.

3.9. Disqualification

A Vendor may be disqualified before or after the responses are unsealed, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage. Additionally, responses submitted without all specified required components may not be considered and may be disqualified.

3.10. District Locations

School District locations may be added or removed based on District need as determined by Katy ISD during the contract period. A list of the current campus/facility addresses may be found at https://www.katyisd.org/district-maps.

3.11. No Return of Responses; Withdrawal of Responses

Once submitted, Katy ISD will not return responses to vendors. A Vendor may withdraw their response that has been submitted in the Katy ISD OpenGov System prior to the submittal deadline.

3.12. Open Records Policy

CONFIDENTIAL INFORMATION: If a Respondent submits any information considered to be proprietary, trade secret, or otherwise confidential, the Respondent must identify all such information in the bid by conspicuously noting in writing on the provided Confidentiality Form and shall be included with the response. If the Respondent fails to identify confidential information as set forth in this paragraph, it agrees that by submission of its response that the entirety of the response shall be deemed non-confidential and non-proprietary and shall be made available to the public upon request. All responses and parts of responses which are not marked as confidential will automatically be considered public.

Respondents should consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other confidential or proprietary information before submitting a response. Katy ISD assumes no liability or responsibility for release of any information not properly identified and documented as confidential pursuant to the requirements set forth herein.

In the event Katy ISD receives a request for portions of a response marked as “Confidential Information” as specified above, Katy ISD shall forward such request to the Office of the Texas Attorney General for an opinion on whether such information may be withheld from disclosure under the Texas Public Information Act. Katy ISD will notify Respondent whose response is the subject of the request when the information is forwarded to the office of the Attorney General.

Katy ISD assumes no obligation for asserting legal arguments on behalf of Respondent. Respondents are advised that

Katy ISD is obligated to comply with the decision of the Attorney General, including any such decision calling for the release of information marked as “Confidential Information” by a Respondent.

3.13. Responsible Vendor

A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein.

3.14. Responsive Submissions

Submissions shall be deemed responsive if it meets or exceeds the provisions of the bid solicitation, including specifications and/or scope of work.

https://www.katyisd.org/district-maps

3.15. Demos/Interviews

Katy ISD reserves the right to create a short list of vendors based on factors listed in the evaluation criteria. Interviews may be scheduled with short listed vendors. Should the evaluation committee decide to interview or conduct demos the date, time and location will be announced.

3.16. Environmental Initiatives

Katy ISD is committed to reducing waste and promoting energy conservation. Toward that end, vendors responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

3.17. Similar Products

Whenever an article or material is defined by Katy ISD in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency (as applicable).

3.18. Buy American Provisions

Schools and institutions participating in the National School Lunch Program and the School Breakfast Program are required by law to use Child Nutrition Program funds, to the maximum extent practicable, to buy domestic commodities or products for meals served under these programs. A “domestic commodity or product” is defined as one that is either produced in the United States or is processed in the United States substantially using agricultural commodities that are produced in the United States. The term “substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Therefore, when Child Nutrition

Program funds are used to acquire foods, schools and institutions must ensure that the items are in compliance with this requirement. The awarded vendor is required to provide the Nutrition and Food Service department with a monthly report indicating which products sold to the District did and did not meet the Buy American requirement. For products purchased that did not meet the Buy American provision, the monthly report must also include reasoning (i.e. cost prohibitive, etc.)

3.19. Small And Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms

Katy ISD encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these entities must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify any subcontractors offered as HUB, MWBE and SBE participants. The Vendor shall indicate on their submitted proposals whether or not they are a HUB, MWBE, or SBE vendor and with whom they are certified, e.g., State, City, Federal. (2 CFR Part 200.321)

4. SCOPE & SPECIFICATIONS

4.1. Request for Proposals Defined

The intention of this Request for Proposals (RFP) is to solicit responses for Snack Vending Machine Service. Katy ISD is utilizing the Request for Proposals (RFP) method for the procurement of this service in accordance with Texas Education

Code Section 44.031 Purchasing of Contracts, Subsection (a)(3) Request for Proposals. For information regarding the RFP process, contact the Purchasing Department at (281)396-6260.

Interested vendors should respond to this RFP and submit responses to Katy ISD.

4.2. Product Specifications

It is the intention of Katy ISD to establish one or more contract(s) with highly qualified Vendor(s) for Snack Vending

Machine Service at all Katy ISD campuses and service locations including the Education Support Center, Maintenance &

Operations, Law Enforcement Facility and four Transportation Centers. Vendor(s) shall, at the request of Katy ISD, provide these products and/or covered services under the terms of this RFP.

The District will award Snack Vending Machine rights to the company providing the best value to the District, based on an evaluation of a number of factors including expected commission earnings, the quality of products, service and operations for the benefit the District, its campuses, facilities and its students.

NUTRITIONAL REQUIREMENTS: All snack vending operations must fully comply with federal requirements and the related provisions of the Texas Public School Nutrition Policy mandated by the Texas Department of Agriculture. This includes specific provisions related to Competitive Foods, such as snacks sold through vending machines. These requirements referred to as “Smart Snacks” specify portion sizes and the times of day in which Competitive Foods can be made available and the locations in which it can be sold. The policy can be viewed in its entirety at www.squaremeals.org .

For Katy ISD Nutrition and Food Services, which are federally funded:

● All items stocked in vending machines must conform to the USDA competitive food regulations for all items sold in competition with the National School Lunch and School Breakfast Programs.

● Items will be changed out, as necessary, with the enactment of any new ruling of the U.S. Department of Agriculture as they occur.

Nutritional information, portion size and manufacturer for each product must be provided upon request.

Staff machines do not need to meet Smart Snack requirements. These machines will be located in the teacher lounge room, which is not accessible to students. Non-Campus sites such as the Leonard Merrell Center, Education Support

Complex, and other campus support facilities such as Transportation, Maintenance and Operations do not need to meet

Smart Snack requirements.

PRICING AND COMMISSIONS: Prices and commission percentages are to remain firm during the initial year of the contract term.

NOTE: A higher commission percentage rate is expected for High Schools and Junior High schools due to higher usage. For the renewal option years of two through five, all price and commission percentages are subject to approval by both parties as determined in every renewal year. Awarded vendor(s) shall provide a 30-day written notice of any price changes of merchandise during the renewal term(s) and provide supporting manufacturer and/or distributor documentation to support such price adjustments.

https://www.squaremeals.org/

MONTHLY COMMISSIONS: Commission shall be paid monthly on a day of the month agreed to by both parties prior to commencement of the contract. Sufficient data shall accompany the commission check/payment to clearly and adequately denote relevant sales and commission information for each machine and each site so the proper accounts for each vending machine can be credited. KatyISD's preferred payment method is check.

REPORT REQUIREMENT: The vendor will provide the Katy ISD Nutrition and Food Services point of contact with a

Monthly summary report no later than 30 days after the close of the month. The report should include detail of gross sales to date, gross sales for that month, net sales and commissions for that month by machine by location.

METER: All vending machines must have a meter and, upon request, an accounting of the volume in a machine must be sent to designated District personnel reflecting the starting and ending meter readings for each machine and the dates the meters were read.

MACHINE SPECIFICATIONS: The awarded vendor shall be the sole owner of all vending machines. Vending equipment shall be:

• “State of the Art” New or Like New vending machines with non-resettable electronic cash accounting meters and bill validators.

• Uniform in height and attractive in appearance to blend into facility surroundings

• Bolted together or attached so equipment remains secure and stationary

• Vending machines must be equipped with timers to turn machines on and off during certain times of the day.

• All machines should be equipped with electronic coin changers and shall accept coins and /or paper currency .

• Vending machines must provide cashless payment option.

• Maintained with appropriate sanitation procedures in accordance with health code requirements

• Maintained and serviced by the vending company

• Replaced or repaired within 24 hours of report of damage or breakage

• Serviced regularly to ensure freshness of product

• Approved before placement or movement in school

• Of sufficient quality so that the machine performs functionally

• Equipment is energy efficient designed to automatically manage power consumption.

• All vending machines must comply with all accessibility requirements established by the District and local, state and federal guidelines.

• All equipment and utility or structural upgrades must comply with all local, state, and federal requirements.

PRODUCT AVAILABILITY AND QUALITY: All machines accessible to students shall comply with the federal Smart Snacks guidelines, TDA and Katy ISD Wellness Policy.

DATING: All items stocked in the vending machines must be fresh items. No “out-of-date” items will be accepted.

The vendor will fully reimburse all locations for all items found to be out of date or of unsatisfactory quality.

The selection of products will be determined and agreed upon by Katy ISD Nutrition and Food Service point of contact.

MACHINE INSTALLATION: The awarded vendor will be required to furnish all equipment and labor necessary to install the machines in the location designated by the District, at no additional expense to Katy ISD. The vendor will be responsible for all damage to school property caused by the equipment or vending personnel. If additional electrical service is required, it will be the responsibility of the vendor to verify the power available and coordinate with Executive

Director of Nutrition and Food Services to furnish the additional electrical service needed.

The vendor must agree to add additional vending machines should the District deem it necessary or desirable during the life of the contract, with the understanding that the same percentage of commission will be paid as agreed in the proposed agreement on the same type machines and the percentage of commission on other types of vending machines will be mutually agreed upon at the time such other machines are requested by the District.

The District will provide the successful vendor adequate notice of such new location in order that additional machines might be installed. The District makes no warranty regarding the number of additional locations which may be authorized under the agreement.

The vendor shall not remove equipment from any location without the District’s written consent, except that machines may be exchanged for like machines without receiving prior consent. Vendor shall advise the District in writing immediately following a change of equipment.

All monies due to the district must be paid in full before any equipment is removed from the premises.

The vendor shall be responsible for obtaining licenses, permits and government permissions and pay all taxes and fees necessary for all vending machine installations.

NEW SCHOOLS: All new schools opened during the term of this agreement will be placed under the terms of this agreement. Any vending machines added in new facilities during the term of this agreement will terminate upon the conclusion of this agreement.

VENDING MACHINE LOCATIONS: Sites for vending machines are to be determined upon consultation and agreement with the building administrator and the Executive Director of Nutrition and Food Service. The vendor agrees to change machine locations only after consultation with the building administrator and after agreement between vendor and

Executive Director of Nutrition and Food Service as to the advisability of such changes. In Elementary Schools, the vending machines are to be placed in the teachers' lounge only.

The District reserves the right to discontinue locations in the best interest of the District, its students and vending machine operator. The District will be the sole judge in such cases. While the District will consider the removal of machines whose sales volume is too low to be justifiable, a vending machine will remain in all teacher lounges regardless of sales volume.

SITE FAMILIARITY: It is the vendor's responsibility to be familiar with all school campuses and facility sites, prior to submitting a proposal, in order to determine if there are any problems with regards to accessing locations.

SECURITY OF MACHINES: Vending machines will be placed in the designated locations at the sole risk of the vendor and the District will in no way be liable for destruction or theft of the property through vandalism or any other cause.

SERVICING OF MACHINES: The vendor shall purchase all merchandise to be vended and furnish storage facilities. The vendor shall be responsible for the payment of all bills for vending merchandise, services and employees without implicating the District in any manner, either directly or by inference.

All machines must maintain adequate change for the day's business.

The vendor will provide all service for the machines including, but not limited to, filling, repairing, cleaning, removal and counting of money and mailing the commission check to the District.

The vendor shall service the machines as many times as necessary to keep them properly supplied and in good working order. The machines will be kept clean and neat in appearance. Should a problem occur, the vendor will make a reasonable effort to resolve the issue within one working day of the call.

The vendor shall protect school property during the servicing of the machines. The vendor shall have the right to enter the school premises at all reasonable times when school facilities are normally open for the purpose of servicing and inspecting said machines and for removal/replacement of machines.

Any utility or structural upgrade to the facility required to place certain vending machines must be approved by the

District in advance and funded by the successful contractor. Funds needed for any upgrades shall not diminish the proposed financial proceeds to Katy ISD.

The successful vendor agrees that during the term of this agreement, vendor employees will conduct themselves in a careful and prudent manner and will not be permitted use of the District's facilities for purposes other than the operation of vending machines.

While on District premises, vendor and any company employees will wear apparel or display identification information that clearly denotes they are a representative of the vendor. Vendor will comply with any required visitor registration processes.

The District reserves the right to require an inventory of merchandise upon the vendor's entering and leaving the school campus or at any time the school feels the need for such inventory.

CONTRACT ASSIGNMENT: The awarded vendor shall not assign this contract or may not subcontract to another party for performance of the terms and conditions.

REFUNDS: A general process will be identified to provide for claims for refunds due to non-receipt of correct product or spoilage or incorrect change. Refunds are the responsibility of the vendor and contact information must be provided on the machine.

EQUIPMENT REMOVAL UPON CONTRACT TERMINATION: Upon termination of this agreement, the successful vendor will remove all vending machine equipment and restore the premises to the same condition that existed as when the machine was originally placed, after allowance for ordinary wear and use.

4.3. Scope of Work

It is the intention of Katy ISD to request sealed proposals for RFP #2521SM Snack Vending Machine Service. The Katy

Independent School District desires a "full service" contract for Snack Machine Vending Services.

The service would include installation of vending machines at all campuses and and facilities, both student facing in secondary campuses and teacher's lounges at all campuses in the district. The snack vending machines are to be stocked with items that meet the requirements/specifications maintained in this solicitation. Vending machines shall be energy efficient designed to automatically manage power consumption. The awarded vendor will furnish full service snack vending by providing equipment, products and services required for a complete vending machine operation.

With this contract, there are approximately 139 Snack vending machines located at 92 campuses and district facilities.

The number of machines at each location varies, but an average is listed below:

• High Schools - 2 Teacher/Staff only and 2-4 Student Facing Snack Machines

• Junior High Schools - 1 Teacher/Staff only and 1-2 Student Facing Snack Machines

• Elementary Schools -1 Teacher/Staff Accessible only Snack Machines

• Admin Support Buildings have 1-2 Staff only Snack Machines.

Vendors are expected to propose a higher commission rate for High Schools and Junior High Schools due to higher usage. The awarded vendor will provide commission to the District based on sales.

In Fiscal Year 2025, annual sales volume of the snack vending machines products totaled $466,000.00, and depending on the vending location, included a broad range of products such as smart snack compliant student snack options, teacher and administrative building sweet and savory snack options. Future Sales volume and/or product mix will vary from the

2025 totals.

Katy ISD is scheduled to open one (1) Elementary School in the fall of 2027 and (1) Junior High School in the fall of 2028 academic year. All contract terms must be applicable to these campuses as well as any additional schools or facilities during the term of the contract. A list of the current campus/facility is included in this proposal.

The successful vendor will supply locations within Katy ISD with Snack Machine Vending Services. This will include providing equipment, installation and maintenance of vending machines.

Proposal is to include a thorough description of vending equipment proposed for this account.

Capacities of machines, change making capabilities, and the age of the equipment should be addressed.

Vendors are requested to submit a proposal offering their total line of available products and services that are commonly purchased by governmental entities and school districts. The proposal is to include a list of specific products, (including brands, sizes, nutritional content, and selling prices) proposed to be sold in vending machines.

The vending machines will need to offer items that are in compliance with the federal Smart Snacks guidelines and Katy

ISD Wellness Policy.

Installation of machines may begin in August of 2026.

Service providers should submit a proposal that will meet or exceed the requirements.

4.4. No Guarantee of Quantities

Katy ISD makes no guarantee or commitment of any kind concerning quantities that will actually be purchased under this RFP and the resulting contract, if any. Katy ISD makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this RFP.

4.5. IRS FORM W-9

All vendors doing business with Katy ISD must have an IRS Form W-9 Request for Taxpayer Identification Number and

Certification on file with Katy ISD.

4.6. Certificate of Interested Parties – FORM 1295

For any contracts requiring Board action, that are valued at $1 million or more, or a contract for services that would require a person to register as a lobbyist under Chapter 305 of the Government Code, the District will require the awarded Vendor to submit the Disclosure of Interested Parties Form 1295 from the Texas Ethics Commission and then certify to Katy ISD that the disclosure has been filed.

Certain contracts, including contracts with a public traded business entity, including a wholly owned subsidiary of the business entity, are exempt from this requirement. Texas Ethics Commission Rules 46.1(c) references other types of contracts not requiring the filing of a Form 1295.

4.7. VENDOR CERTIFICATIONS

The Vendor Certifications addendum includes certifications and provisions that are required and apply when Katy ISD expends federal, state, and local funds for any contract resulting from this procurement process including, but not limited to, APPENDIX II TO 2 CFR PART 200 - CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER

FEDERAL AWARDS.

Vendor must certify its willingness and ability to comply with each provision, law, act, regulation, etc. as specifically noted, by having its authorized representative initial the applicable boxes and sign the acknowledgment at the end of the addendum.

4.8. Insurance Requirements

When applicable, Vendor shall maintain liability insurance, including non-owned automobile liability, Workmen’s

Compensation, and employer’s liability insurance as well adequately protect Katy ISD against such damage, liabilities, claims, losses and expenses (including attorneys’ fees). Vendor agrees to submit certificates of insurance evidencing its insurance coverage when requested by Katy ISD.

Katy Independent School DistrictInsurance Requirements for Independent Contractors Policy Type Individual

Presenters Company

Consultants Rentals - In-

District Construction, Installation, Renovation, Building

Modifications, Service, Maintenance or Repair Projects Charter Bus

Service Private Lesson

Tutors Individual

Consultants

As determined by contract Inflatable

Bouncers

Carnival Rides

Small Projects

Less than 4 Days and/or $10,000

Medium

Projects $10,000 to < $25,000

Large Projects

Equal to or

Greater than $25,000

Commercial General Liability

BI & PD Each Occurrence Not Required 1,000,000 1,000,000 300,000 1,000,000 1,000,000 1,000,000 BI & PD General Aggregate Not Required 1,000,000 1,000,000 600,000 1,000,000 1,000,000 1,000,000 Products & Completed Operations Not Required 1,000,000 1,000,000 600,000 1,000,000 1,000,000 1,000,000 Personal & Adv Injury Not Required 1,000,000 1,000,000 300,000 1,000,000 1,000,000 1,000,000 Sexual Assault and Molestation Not Required 1,000,000 1,000,000 300,000 1,000,000 1,000,000 1,000,000 Fire & Legal Liability Not Required 100,000 100,000 50,000 100,000 100,000 100,000 Medical Expenses Not Required 5,000 5,000 5,000 5,000 5,000 5,000

Commercial Auto Liability Not Required

Bodily Injury Each Person Not Required 100,000 100,000 100,000 100,000 1,000,000 1,000,000 Bodily Injury Each Accident Not Required 300,000 300,000 300,000 300,000 2,000,000 2,000,000 Property

Damage Each Occurrence Not Required 100,000 100,000 100,000 100,000 $250,000 $250,000

Combined Single Limit Not Required 1,000,000 3,000,000

Umbrella Liability (Excess) Not Required Not Required Not required Not required

Over GL, Auto & Workers' Comp Not Required 1,000,000 One times the contract amount for contracts exceeding $1M up to $25M.

$1M minimum.

5,000,000

Workers' Compensation Not Required Required Required Required Required Required Required Employers Liability Not Required 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Do you accept accident policies & waivers in lieu of workers comp?

Not Required No No No No No No

Builders' Risk/Installation Floater Not Required N/A N/A N/A Full Insurable

Value of Project Full Insurable

Value of Project N/A

Owners' & Contractor's Protective

Liability Not Required N/A N/A N/A 1,000,000 1,000,000 N/A

Professional Errors & Omissions Liability for certified professionals As Requested based on project.

As determined by contract N/A N/A N/A N/A N/A

Insurance Company "AM Best" Rating A-VII A-VII A-VII A-VII A-VII A-VII

Cancellation Notice Not Required 30 Days 30 Days 30 Days 30 Days 30 Days 30 Days

Bonds

Bid Bond N/A N/A N/A If Requested If Requested If Requested N/A Payment Bond N/A N/A N/A N/A 100% 100% N/A Performance Bond N/A N/A N/A N/A 100% 100% N/A

Other Bodily Injury & Property Damage Injury

Releases Yes

5. EVALUATION & AWARD OF RFP

In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the responsible vendor(s) whose response(s) is/are determined, after evaluation by a committee of Katy ISD administrators and educators, to be the best value for the District. To qualify for evaluation, a response must have been submitted on time and must materially satisfy all mandatory requirements identified in this RFP solicitation.

5.1. Formation of Contract

A response to this solicitation is an offer to contract with Katy ISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/response does not become a contract unless and until it is accepted, evaluated, and awarded by Katy ISD, including Katy ISD Board of Trustees approval, when required.

5.2. Non-Exclusive Contract

Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of Katy ISD. Katy ISD is free to have multiple contracts for the awarded goods and services and may initiate other procurement solicitations or purchasing activity with other vendors at any time, in Katy ISD’s sole discretion.

5.3. Awards

Awards will be made to the successful vendor(s) for the total line of products and services submitted. Awards will be based on the criteria set forth within this document. Katy ISD reserves the right to award contracts to multiple vendors if these vendors offer items that are unique and have value to Katy ISD. Katy ISD shall comply with the Texas Public

Information Act in the event Katy ISD receives an open records request for information relating to responses submitted in response to this RFP.

5.4. Purchase Orders

Purchase orders will be issued on an as-needed basis. The district will not be responsible for any products and/or services rendered without a Katy ISD purchase order signed electronically by authorized District personnel and/or proper authorization by the district’s purchasing Department. Requests for items will originate at each campus or department and the subsequent purchase order will be processed only by the Katy ISD Purchasing Department.

Please note that items and/or services are not to be delivered/provided to Katy ISD without an approved purchase order. If your company provides an item and/or service without a properly drawn Katy ISD purchase order, you are not guaranteed payment and the item/or service you provided could be constituted as a donation.

5.5. Invoices

Invoices shall show the Katy ISD purchase order number, copy of signed delivery ticket, and bid name, and shall be emailed directly to AP@KatyISD.org.

5.6. Inspection & Acceptance

Awarded vendor(s) shall deliver the goods or services procured on this contract to the Katy ISD Department issuing a

Purchase Order. If delivery is not or cannot be made within proper time period, the awarded vendor must receive authorization from the issuing Katy ISD Department for the delayed delivery. If defective or incorrect goods are delivered, Katy ISD may make the determination, in its sole discretion, to return the goods to the vendor at no cost to

Katy ISD. The vendor agrees to pay all shipping and handling costs for any such return shipment. The vendor also shall be responsible for arranging the return of the defective or incorrect goods.

mailto:AP@KatyISD.org

5.7. Payment Terms

Payment will be made upon receipt and acceptance by Katy ISD of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Government Code VTCA. As required by law, the awarded contractor is required to pay subcontractors within ten (10) days from the receipt of this payment.

5.8. E-Payables Solution

Katy ISD has implemented an E-Payables solution. All vendors and contractors doing business with Katy ISD will be offered the option of accepting payments through the District’s E-Payables VISA account. This payment will be transmitted electronically to the vendor on or before the due date, and receipt of funds will be as per the terms of the merchant’s VISA agreement. Payment terms, unless negotiated with the District, will remain the same. Vendors and contractors may negotiate, and the District will consider earlier payment terms if such terms are advantageous to Katy

ISD.

6. EVALUATION CRITERIA

A committee selected by the Katy ISD Purchasing Department will review and evaluate all responses and make a recommendation for contract award. This recommendation will be based on the following factors, in accordance with

Texas Education Code § 44.031:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Purchase Price / Commission Offered

Offer a fair and reasonable price for vended snacks along with a commission rate that is advantageous to the district.

Points Based 30 (30% of Total)

2. Reputation of the Vendor and of the Vendor’s goods or services

Vendor should have a solid reputation with other ISD’s, Government or Collegiate entities that show a high level of customer service, a high level of quality of good or services.

Points Based 20 (20% of Total)

3. Quality of the vendor’s goods or services

Offers high quality items that meet Smart

Snack compliance, offers a variety of items. Services are in line with the scope of work.

Points Based 20 (20% of Total)

4. Extent to which the goods or services meet the district’s needs

Can meet delivery and refill requirements, monthly summary reports and implementation of services. Understanding and compliance with the scope of work, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence.

Points Based 20 (20% of Total)

5. Extent to which the Vendor agrees to and/or deviates from Katy ISD’s Solicitation

Information and Instructions, Standard Terms and Conditions and Special Terms and

Conditions

Completeness of response, compliant machines, identification methods of employees.

Points Based 10 (10% of Total)

7. PRICING / DELIVERY INFORMATION

7.1. Pricing

Vendors must provide pricing in the Katy ISD OpenGov System (including any additional pricing examples and pricing discount schedules) that need to be submitted to provide Katy ISD with a comprehensive catalog. Catalog/price lists must be included in the Vendor’s proposal.

7.2. Tax Exemption

Katy ISD is exempt by law from the payment of Texas and Local Sales Tax and Federal Excise Tax. Responses should not include any such taxes.

7.3. Percentage Discount

If applicable, respondents should provide a discount off shelf, catalog, price list and/or website. The actual cost to Katy

ISD will be the price less the percent discount quoted by the vendor in this proposal. Completing the Discount Section –

If offering current shelf, catalog, list, or website pricing only, with no additional discounts, so indicate on the Discount

Section of the proposal form in the ‘PERCENTAGE DISCOUNT’ column with 0% as the discount to be taken from the purchase total. The discounts requested will be a percentage off (-) current shelf, catalog, website and/or published price list(s).

7.4. Firm Pricing

Firm pricing is requested for the first (1) term of the contract. Notice of any changes thereafter must be submitted in writing to the Director of Purchasing, at least thirty (30) days prior to the effective date of the increase. Invoices with price changes that did not receive prior approval from the Purchasing Department will not be honored. If during the term of the contract, the vendor’s costs are lowered and such savings are passed along to other customers, it is understood and agreed that the benefits of such reduction shall be extended to Katy ISD.

7.5. Freight / Delivery / Inspection & Acceptance

All deliveries shall be F.O.B. Destination and Inside Delivery. Deliveries shall be made during Katy ISD Regular Hours.

A purchase order(s) shall be generated by Katy ISD to the Vendor. The purchase order number must appear on all itemized invoices and packing slips. Katy ISD will not be held responsible for any orders placed/delivered without a valid current purchase order number.

8. COST PROPOSAL

ELEMENTARY AND ADMIN LOCATIONS SNACK VENDING PRICING TABLE

Line Item No Bid Proposed

Item

Description

General Item Description Manufacturer Pack Size Vended

Sales Price Commission

Unit of

Measure

1 Teacher Non Chocolate

Candy Ea

2 Teacher Chocolate Candy Ea

3 Teacher Crackers Ea

4 Teacher Cookies Ea

5 Teacher Large Cookies Ea

6 Teacher Nuts or Granola Ea

7 Teacher Pastry Ea

8 Teacher Other Ea

9 Teacher Other Ea

10 Teacher Other Ea

JUNIOR HIGH SNACK VENDING PRICING TABLE

Line Item No Bid Proposed

Item

Description

General Item Description Manufacturer Pack Size Vended

Sales Price Commission

Unit of

Measure

11 Teacher Non Chocolate

Candy Ea

12 Teacher Chocolate Candy Ea

13 Teacher Crackers Ea

14 Teacher Cookies Ea

15 Teacher Large Cookies Ea

16 Teacher Nuts or Granola Ea

17 Teacher Pastry Ea

Item

Description

General Item Description Manufacturer Pack Size Vended

Sales Price Commission

Unit of

Measure

18 Teacher Other Ea

19 Teacher Other Ea

20 Teacher Other Ea

21 Student Smart Snack Chips Ea

22 Student Smart Snack Chips Ea

23 Student Smart Snack Other Ea

24 Student Smart Snack Other Ea

25 Student Smart Snack Other Ea

HIGH SCHOOL SNACK VENDING PRICING TABLE

Item

Description

General Item Description Manufacturer Pack Size Vended

Sales Price Commission

Unit of

Measure

26 Teacher Non Chocolate

Candy Ea

27 Teacher Chocolate Candy Ea

28 Teacher Crackers Ea

29 Teacher Cookies Ea

30 Teacher Large Cookies Ea

31 Teacher Nuts or Granola Ea

32 Teacher Pastry Ea

33 Teacher Other Ea

34 Teacher Other Ea

35 Teacher Other Ea

36 Student Smart Snack Chips Ea

Item

Description

General Item Description Manufacturer Pack Size Vended

Sales Price Commission

Unit of

Measure

37 Student Smart Snack Chips Ea

38 Student Smart Snack Other Ea

39 Student Smart Snack Other Ea

40 Student Smart Snack Other Ea

9. PROPOSAL QUESTIONNAIRE

1. Introduction

Proposers are required to respond to all requests identified in this solicitation, including this Questionnaire and indicate acceptance to the terms of this solicitation. A response is equivalent to an electronic signature and is legally binding.

1.1. Do you understand the information provided?*

☐ Please confirm

*Response required

1.2. I, as the authorized signatory to the company, agree to apply with all terms and conditions contained in this solicitation and any contract resulting from this procurement process.*

☐ Please confirm

*Response required

1.3. Authorized Signatory for Contractor*

*Response required

1.4. Title*

*Response required

1.5. Authorized Signatory Email Address*

*Response required

2. General Vendor Information

2.1. Vendor Name*

*Response required

2.2. Do you have a DBA (Doing Business As)*

☐ Yes

☐ No

*Response required

When equals "Yes"

2.2.1. DBA Name (Doing Business As)*

*Response required

2.3. Contact Person for Vending Issues*

*Response required

2.4. Company Address*

Street

City, State, Zip Code

*Response required

2.5. Contact phone number*

*Response required

2.6. Do you have different phone and email addresses for Commission Payments*

☐ Yes

☐ No

*Response required

When equals "Yes"

2.6.1. Contact Email*

*Response required

When equals "No"

2.6.2. Additional Contact if available

2.7. Terms and Conditions

This solicitation shall be governed by the documents incorporated herein as well as the Katy ISD Standard Terms and

Conditions posted on the Purchasing Department's website and included as a supporting documents for this solicitation.

Download and review Katy ISD Terms & Conditions, you do not need to upload documents.

• KISD_Standard_Terms_and_Con...

2.8. Do you understand the Terms and Conditions provided? *

☐ Please confirm

*Response required

3. Deviations

By submitting a response, the Vendor represents that they have read and understand the solicitation. Any exceptions to the terms, conditions, and/or specifications shall be conspicuously noted by the Vendor in writing on the Deviations

Form provided and uploaded with your submission. The Deviation Form must be signed. You may duplicate or attach additional documents as needed.

Failure to include a signed Deviation Form will be interpreted to infer that Vendor agrees to all terms as outlined in the specifications and RFP documents with no exceptions.

3.1. Do you have any deviations?*

Select yes to include the deviation form with your submittal

☐ Yes

☐ No

*Response required

When equals "Yes"

3.1.1. Deviation Form*

Please download the below documents, complete, and upload. Failure to include a signed Deviation Form will be interpreted to infer that Vendor agrees to all terms as outlined in the specifications and RFP documents with no exceptions.

• DEVIATION_FORM.pdf

*Response required https://government-project.s3.us-west-2.amazonaws.com/233281/4d6c0945-1719-4c79-8c4d-57f5c907dd00_KISD_Standard_Terms_and_Conditions_2025.pdf https://government-project.s3.us-west-2.amazonaws.com/215062/ff7d60ee-94ab-4dc7-80ac-07ad38f81d46_DEVIATION_FORM.pdf

4. General Provisions for Purchasing Solicitations and Contracts

4.1. Can you meet all bid specifications as written in this proposal? *

☐ Yes

☐ No

*Response required

4.2. Please indicate whether your firm is certified as a Historically Underutilized Business (Minority, Woman-

Owned, Disadvantaged, Service-Disabled Veteran Owned Small Business, SBA-8A, or other approved targeted business enterprise). *

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.1. Please select all that apply. *

Select all that apply

☐ Minority

☐ Woman-Owned

☐ Disadvantaged

☐ Service-Disabled Veteran

☐ SBA-8A

☐ Other approved targeted business enterprise

*Response required

4.3. Central Texas Purchasing Alliance (CTPA) - Is the Respondent willing to extend the pricing from any contract that may result from this solicitation to other CTPA members of local government entities in Texas? Please be advised that the award of this solicitation by Katy ISD is not contingent upon your agreement to the above request. If you agree to extend to any other agencies, each agency will be responsible for issuing and administering its own contract.*

☐ Agree

☐ Disagree

*Response required

5. District Purchase Order Policy and Agreement

Items and/or services are to be delivered or rendered to Katy Independent School District ONLY when a district approved purchase order has…