Advertise in the Odessa American April 20th & 23rd, 2018 NOTICE TO BIDDERS:

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1 Advertise in the Odessa American April 20th & 23rd, 2018 NOTICE TO BIDDERS: The Ector County Independent School District School Nutrition Department will receive sealed bids for DRY, REFRIGERATED, & FROZEN FOOD ITEMS #18-01FS in the office of Katy Taylor, 1120 West 10 th Street, Odessa, Texas , until 9:00am, Tuesday, May 8th, Bids will then be publicly opened and read. The full contents of this bid may be obtained by calling or at ectorcountyisd.org/page/439.

2 Dear Bidders, Invitation to Bid and General Conditions Dry, Refrigerated, & Frozen Food Items Bid (#18-01FS) The Board of Trustees of the Ector County Independent School District will receive sealed bids for Food Items until 9:00 a.m., Tuesday, May 8th, 2018, at which time they will be opened and tabulated in the School Nutrition Office located at 1120 West 10 th Street, Odessa, Texas All bids shall be submitted on the attached bid form. Bids received at the School Nutrition Office after the above date and time, whether mailed or delivered in person, will not be considered. ECISD is not responsible for misdirected mail, mail not received, and/or mail delivered late by designated carriers. Bidder is to mark on the outside of the bid envelope Dry, Refrigerated, & Frozen Food Items Bid #18-01FS; Tuesday, May 23, 2017, 10:30am. Nutrition labels must be included for all food items. All food items will be evaluated for nutrition prior to award. Awards are based on nutrition, price, and student acceptability. Bidders are invited to be present at the bid opening. Mail or deliver all bids to: Katy Taylor, Director of School Nutrition Ector County Independent School District 1120 W. 10 th St. Odessa, TX (tel.) (fax) Bidders will be notified of awards by on May 15th, 2018, except for items noted otherwise. The Board of Trustees reserves the right to accept or reject any or all proposals or to waive any irregularities or informalities in any proposal received, or to make awards as they may appear to be advantageous to the district. Your proposal will be appreciated. Sincerely, Katy Taylor, MS, RDN, LD, SNS Director of School Nutrition Brandon Reyes School Nutrition Buyer

3 General Terms and Conditions 1. Nutrition labels must be included for all food items. All food items will be evaluated for nutrition prior to award. By submitting a nutrition label for a specific product, the bidder agrees to provide that exact product upon award. Failure to provide product as bid may result in refusal of delivery and/or disqualification from future bids. 2. All foods which contain vegetable protein products must conform with the Food and Nutrition Service Regulations for vegetable protein products. 3. Bids on items requiring a specific certified lean meat/meal alternate contribution are to be accompanied by an acceptable certification sheet signed by an officer of the manufacturing company unless the product has a CN label stating that the product provides the required meat contribution. If a CN (Child Nutrition) label is required on an item, the item bid and delivered must have a current, valid CN label affixed. A Product Analysis Sheet will not replace a CN label requirement. 4. Nutrition label or manufacturer specifications must indicate zero (0) grams of trans fat per serving in accordance with the Healthy Hunger Free Kids Act of Any items shipped that do not meet the specifications will be refused. 5. Only 100% domestic beef may be used in the manufacture of any product containing beef. 6. Pack sizes shown are approximate. 7. The Board of Trustees reserves the right to accept or reject any or all bids, to waive irregularities or informalities in the bids received where such acceptance, rejection, or waiver is considered to be in its best interest. The Board of Trustees also reserves the right to reject any bid where evidence or information does not provide satisfactory proof that the bidder is qualified to carry out the details of the contract. 8. Bids must be submitted on the Bid Form supplied and in a sealed envelope, plainly marked with bidder s name, bid opening date, Page 1 of 4 and bid opening time. Bids received at the address on the Invitation to Bid after the date and time specified, regardless of cause, will not be considered. Such late bids will be returned to the bidder upon the submission of a written request. 9. are attached and are in a part of this proposal. All materials or services furnished must be in conformity with the specifications and will be subject to inspection and approval of the School Nutrition Department after delivery. The product and/or services bid must meet or exceed all specifications as of the time and date of the bid opening and at delivery. The right is reserved to reject and return at the risk and expense of the supplier, any item which may be defective or fail to comply with these specifications. It is imperative that each person submitting a bid follow carefully the specifications detailed herewith. The bidder is instructed to complete all blanks and spaces where information concerning any item is requested. Only items meeting the specifications and requirements are to be quoted on the regular bid form. The brand or trade name and manufacturer s (packer s) name must be given in the column provided. If bidder fails to indicate brand or trade name and packer s name where requested, the item may be disqualified. 10. Bid unit price based on quantity specified. 11. Any and all alternate items bid must be clearly marked and variance from specifications, if any, noted. 12. Whenever an article or material is defined by describing a proprietary product of by using the name of a manufacturer or brand name, the term or equal if not inserted shall be implied. The specified product shall be understood as indicating the type, function, minimum standard, efficiency and quality desired and shall not be construed as to exclude other manufactured products of comparable quality,

4 General Terms and Conditions design and efficiency. Brands of equal quality or type are acceptable. 13. To bid an alternate to an approved branded item, the bidder must submit a representative sample at or before the time of the scheduled bid opening for the item to be evaluated as a recognized and accepted equal. 14. All samples must be clearly labeled with bid name, bid date, item number, product brand and packer, code number, and name of bidder. Items not clearly labeled will not be considered. Products will be tested for acceptability and quality as per bid specifications. Selection will be based on price, nutrition, and acceptability. The decision of the School Nutrition Department regarding the quality and acceptability will be final. Should additional samples be requested, such samples must be furnished within five (5) working days of the request at no cost to the district. If not destroyed in examination, they will be returned to the bidder on request at the vendor s expense. 15. The bidder, in submitting his proposal, agrees to deliver all items to the Ector County Independent School District School Nutrition Warehouse located at 1120 W. 10 th St., Odessa, TX. All delivery shipments must be completed on dates specified in the bid specifications documents. Alternate shipment dates must be approved by the School Nutrition Buyer or the Warehouse Supervisor. 16. Please refer to the ECISD Calendar located at or contact the School Nutrition Office for information regarding operation dates. If delivery delays are foreseen prior to the bid opening, written notice shall be provided with the bid and the District will take the exceptions under advisement. Vendors shall keep the district advised of the status of orders as failure to meet delivery dates may result in removal from the approved bidders list. Page 2 of All estimated usages are subject to change. Any increase or decrease will be reasonable and directly correlate with student enrollment and/or participation level changes. 18. The District reserves the right to purchase additional articles as listed on this bid subject to verification of the same or lower prices and conditions as bid for a period of one (1) year from the date of the bid award. 19. All deliveries must be made between the hours of 7:00am and 1:00pm, Monday through Friday only. No exceptions will be made. Call for appointment at least 24 hours in advance. 20. Prices shall be net, including transportation and delivery charges (inside delivery) fully prepaid by the contractor, F.O.B. ECISD School Nutrition Warehouse. 21. All items are to be shipped palletized. Exchange pallets are available. The District may refuse any items not palletized. The District will not pay additional cost over and above the bid price for pallets. 22. During the performance of this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, color, national origin, age, religion, gender, marital or veteran status, handicapping condition, or political belief. 23. If a cash discount is allowed for prompt payment, indicate terms on bid sheet. 24. The District is exempt from Federal Excise Tax, State Tax, and Local Tax. Do not include tax in bid. Tax exemption certificates will be furnished upon request. 25. Facsimile (fax) responses to this bid request must be on the bid form. Written confirmation for such responses must be postmarked on or before opening date and time, and must be received in the School Nutrition Office within twenty-four (24) hours after opening date and time. 26. Bid prices must be firm for thirty (30) days from bid opening date. No bids may be

5 General Terms and Conditions withdrawn without written approval after a contract has been signed, purchase order issued, or partial performance of the bid agreement has begun. 27. Delivery shortages, failure to deliver, or failure to deliver product meeting specifications may be cause for cancellation of contract by the District with the Vendor. 28. Failure of proper and timely delivery may be cause for the District to purchase replacement items on the open market, charging back the difference between market and contract price to the vendor and subtracting such total from invoices outstanding, current, or future. 29. The price paid by the District shall be considered the prevailing market price at the time such purchase is made. Contracts for purchases will be put into effect by means of purchase order(s) executed by the School Nutrition Director or the Buyer after bids have been awarded. 30. To conform to federal nutrition program regulations, nutrition information will be required for all products. The nutrition information must be dated and signed by an official of the manufacturing company. This information must be supplied at the time of the bid. Minimum information required includes: serving size, weight of serving size portion, calories, protein, carbohydrate, total fat, saturated fat, trans fat, cholesterol, sodium, vitamin A, vitamin C, calcium, and iron. 31. Federal regulations require that food purchased for school food program must be substantially of domestic origin where substantially is defined as at least 51% of the final processed product consists of agricultural commodities that were grown domestically. The bidder must notate on the bid submission that the item is not domestically grown for each and every food item not complying with this requirement. Preference will be given to domestically grown items in all situations. Page 3 of The attached Vendor Acknowledgement Forms and Conflict of Interest Form must be completed and submitted with your bid for the bid to be considered. 33. Bidders must submit a copy of their Food Manufacturer s or Food Wholesaler s license from the Texas Department of Health, Manufactured Food Division before they may enter into a contract with the District. 34. Bonds or any other type of guarantee will not be required as part of this solicitation. 35. Drop shipments are acceptable. It is the vendor s responsibility to provide the expected ship date of items that are ordered. 36. Issues that occur during the duration of the contract must be communicated in an expedited manner to allow the district time to mitigate the problem. Failure to communicate properly may result in exclusion from future bid opportunities. 37. This solicitation will be awarded as a firm fixed-price contract and will be awarded to the lowest cost offer that addresses all the material terms and conditions of the solicitation. 38. The assigned point of contact for this solicitation is Brandon Reyes, School Nutrition Buyer. All correspondence will be handled via at nicolas.reyes@ectorcountyisd.org. 39. The fiscal year for ECISD begins July 1st and ends June 30th. This solicitation, any resulting contract(s) shall terminate absolutely without further obligation on the part of ECISD at the end of the fiscal year in which this solicitation was issued. 40. If an item is linked to an independent wholesale index, the index must be named and the frequency of the adjustment must be indicated. 41. Bidders that are not set up as an approved vendor with ECISD will be required to complete a new vendor application if awarded any items. If, during that process, it is determined that the awarded vendor will not be approved for any reason, it will result in a

6 General Terms and Conditions nullification of their bid. If this occurs, the district will award the bid to the responsible and responsive vendor with the next lowest cost. 42. Invoices must contain the correct purchase order number and match the items that were delivered. is the preferred method to receive invoices. Mail and fax are additional allowable methods but may slow down the payment process. 43. It is intended that this solicitation be adequate for an offeror to respond to requirements. However, should offerors have questions, they shall be submitted electronically to: Brandon Reyes at Questions submitted to any other mailbox, voic or address will not be considered for response. The deadline to submit questions is Friday, May 3rd, 2018 at Noon. Questions received after the deadline will not be considered. All questions received by Noon, April 22, 2018 shall be answered in writing and both the questions and answers will be posted to the following website on or before Friday, April 29 th, 2018 at 4:30 PM. The link to the website is: All documentation and records will be kept on file for a minimum of five years after the end of the fiscal year to which they pertain. 45. Any processed food product needs to have a nutrition facts label and ingredient statement. Meat- and/or grain-based products must also include one of the following: (1) a CN label and/or (2) a signed and dated product formulation statement. The documentation must identify the contribution of the food product toward meeting the meal pattern requirements or the nutritional values required for the competitive food standards. 46. Ector County ISD reserves the right, when deemed necessary, to make additions or deletions of items in the awarded vendor s contract to address new regulations, standards, Page 4 of 4 menu requirements, discontinued products or reformulated items, in a manner not materially affecting the substance of the contract. Ector County ISD shall determine the reasonable value of items to be added or deleted based on its specific needs.

7 Required Forms VENDOR ACKNOWLEDGEMENT FORM THIS BID IS A FIRM OFFER THAT SHALL BE IRREVOCABLE AND OPEN FOR ACCEPTANCE FOR THIRTY (30) CALENDAR DAYS FROM THE BID OPENING DATE. I, as the below named representative, do hereby certify that I have read the enclosed bid invitation and understand all of the general terms, conditions and specifications. I further certify that this bid meets all such criteria and that deliveries will be made as requested. All unit prices submitted have been checked for accuracy and correctness. As such, this process will be honored without any change or escalation for the duration of the bid except that a price adjustment may be allowed as so stated in the specifications. Authorized Signature: Printed Name: Date: Position with Company: Name of Firm: Address: Telephone: Fax: In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C ; (2) fax: (202) ; or (3) program.intake@usda.gov. This institution is an equal opportunity provider. Page 1 of 13

8 Required Forms BIDDER PREFERENCE CERTIFICATION Please answer the following questions and return them with this bid: Is your principal place of business in Texas? (Circle One) Yes No If no, in which state is your principal place of business? If your principal place of business is not in Texas, does your state favor resident Bidders in your state by some dollar increment or percentage? Yes No If yes, what is that dollar increment or percentage? For information regarding this series of questions, see Article 601G of the Texas Civil Statutes. Page 2 of 13

9 Required Forms FELONY CONVICTION NOTIFICATION AND CRIMINAL BACKGROUND CHECK Offeror must give advance notice to the Owner if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. The District may terminate any Agreement or if the Owner determines that the person or business entity failed to give notice as required by this paragraph or misrepresented the conduct resulting tin the conviction. This paragraph requiring advance notice does not apply to a publicly held corporation.: (b) Offeror will obtain criminal history record information that relates to an employee, applicant for employment, or agent of the Offeror if the employee, applicant, or agent has or will have continuing duties related to the contracted services; and the duties are or will be performed on school property or at another location where students are regularly present. The Offeror certifies to the Owner before beginning work and at no less than an annual basis thereafter that criminal history record information has been obtained. Offeror shall assume all expenses associated with the background checks, and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from Owner property or other location where students are regularly present. Offeror s violation of this section shall constitute a substantial failure. (c) If the Offeror is the person or owner or operator of the business entity, that individual may not selfcertify regarding the criminal history record information and its review, and must submit original evidence acceptable to the District with this Agreement showing compliance. Signature below acknowledges compliance with: Section I. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION, and Section II. FELONY CONVICTION NOTIFICATION AND CRIMINAL BACKGROUND CHECK Signature of Offeror: Date: Printed Name of Offeror: Company Name: Tel#: Page 3 of 13

10 Required Forms CERTIFICATION REGARDING TEXAS FAMILY CODE As per Section of the Texas Family Code, added by S.B. 84, Acts 73 rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following required affidavit: I, the undersigned authorized bidder, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this code, a sole proprietorship, partnership, corporation, or other entity in which a sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract. I, the undersigned agent for the firm named below, certify that the information concerning notifications and certifications listed above has been reviewed by me and the information furnished is true to the best of my knowledge. Organization Name: Authorized Representative: Signature: Address: Title: Date: Page 4 of 13

11 Required Forms CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION FOR COVERED CONTRACTS Page 5 of 13

12 Required Forms ANTI-LOBBYING AMENDMENT (31 USC 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant of any other award covered by 21 U.S.C Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by Ector ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by Ector ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub recipients shall certify and disclose accordingly. Does Vendor agree? YES Initials of Authorized Representative of Vendor Page 6 of 13

13 Required Forms CLEAN AIR ACT (42 USC q) Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C q) and the Federal Water Pollution Control Act as amended (33 U.S.C ). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to Federal Rule (C) above, when federal funds are expended by Ector ISD, the vendor certifies that during the term of an award for all contracts by Ector ISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (C) above. Does the Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Ector County ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C et seq.: 49 C.F.R. Part 18). Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF HEALTH AND SAFETY CERTIFICATIONS, LICENSING, OR REGULATIONS When Ector County ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the applicable local, state, and federal health and safety certifications, licensing, or regulations which include, but are not limited, to facility use, food establishment, and authorized providers Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF NON-COLLUSION STATEMENT Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. Does Vendor agree? YES Initials of Authorized Representative of Vendor Page 7 of 13

14 Required Forms RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the federal award meets the definition of funding agreement under 37 CFR (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or non-profit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (D) above, when federal funds are expended by Ector County ISD, the vendor certifies that during the term of an award for all contracts by Ector County ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (D) above. Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does Vendor agree? YES Initials of Authorized Representative of Vendor RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Ector County ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR The Vendor further certifies that Vendor will retain all records as required by 2 CFR for a period of three years after grantees or sub-grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does Vendor agree? YES Initials of Authorized Representative of Vendor CERTIFICATION OF ACCESS TO RECORDS 2 CFR Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor s personnel for the purpose of interview and discussion relation to such documents. Does Vendor agree? YES Initials of Authorized Representative of Vendor Page 8 of 13

15 Required Forms HOUSE BILL 89 VERIFICATION FORM Prohibition on Contracts with Companies Boycotting Israel The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: 1) does not boycott Israel; and 2) will not boycott Israel during the term of the contract Pursuant to Section , Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official), do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) does not boycott Israel currently; and 2) will not boycott Israel during the term of the contract; and 3) is not currently listed on the State of Texas Comptroller s Companies that Boycott Israel List located at Company Name Signature of Authorized Official Title of Authorized Official Date Page 9 of 13

16 Required Forms BID PROTEST PROCEDURE 34 TAC TEXAS ADMINISTRATIVE CODE PROCEDURES GOVERNING BID PROTESTS (a) A vendor who is aggrieved by the solicitation, evaluation, or award of a contract by ECISD School Nutrition Department, hereinafter referred to as the Protesting Party, may file a formal protest with the ECISD School Nutrition Director. Such protests must be in writing and received in the ECISD School Nutrition Director s office within 10 calendar days after the Protesting Party knows, or reasonably should have known, of the occurrence of the action that is protested. Formal protests must conform to the requirements of this subsection, subsection (c) and, when applicable, subsection (d) of this section, and shall be resolved in accordance with the procedure set forth in subsections (f), (g) and (h) of this section. Copies of the protest must be mailed or delivered by the Protesting Party to ECISD School Nutrition Department and other Interested Parties. For the purposes of this section, "Interested Parties" means all vendors who have submitted bids or proposals for the applicable contract. The protest must be mailed or delivered to Interested Parties contemporaneously with filing the protest with ECISD School Nutrition Director. (b) In the event of a timely protest or appeal under this section, ECISD School Nutrition Department shall not proceed further with the solicitation or with the award of the contract unless the ECISD School Nutrition Director makes a written determination that the award of the contract or implementation of the contract without delay are necessary to protect the best interests of ECISD School Nutrition Department. (c) A formal protest must be sworn and, under the penalties of perjury, contain: (1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated; (2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection; (3) a precise statement of the relevant facts; (4) an identification of the issue or issues to be resolved; and (5) argument and authorities in support of the protest. (d) If ECISD School Nutrition Department utilized the professional services of an actuary in connection with any recommendation to award the contract to a vendor, then this subsection shall apply. If ECISD School Nutrition Department determines that it may need to utilize the services of an actuary in its efforts to resolve the protest, the Protesting Party shall be required to post a bond in an amount no less than the estimated cost to ECISD School Nutrition Department for such actuarial services. The amount of the bond shall be determined by the ECISD School Nutrition Director. The Protesting Party shall post the bond within five calendar days of notice from ECISD that such bond is required or shall be deemed to have waived the right to protest. (1) If actuarial services are utilized by ECISD School Nutrition Department and the bid protest is not finally resolved in favor of the Protesting Party, the Protesting Party shall be required to forfeit its bond. (2) If actuarial services are not utilized by ECISD School Nutrition Department and/or the bid protest is finally resolved in favor of the Protesting Party, the Protesting Party s bond shall be returned to the Protesting Party after final resolution of the bid protest. Page 10 of 13

17 Required Forms BID PROTEST PROCEDURE 34 TAC TEXAS ADMINISTRATIVE CODE PROCEDURES GOVERNING BID PROTESTS CONT. (e) The ECISD School Nutrition Director may confer with the ECISD General Counsel in his/her review of the protest. (f) The ECISD School Nutrition Director shall have the authority to settle and resolve the dispute concerning the solicitation or award of a contract, and may accept written responses to the protest from Interested Parties and ECISD staff. (g) If the protest is not resolved by mutual agreement, the ECISD School Nutrition Director will issue a written determination on the protest. (1) If the ECISD School Nutrition Director determines that no violation of rules or statutes has occurred, he/she shall so inform the Protesting Party and Interested Parties by letter that sets forth the reasons for the determination. (2) If the ECISD School Nutrition Director determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he/she shall so inform the Protesting Party and Interested Parties by letter which sets forth the reasons for the determination and the appropriate remedial action. (h) The ECISD School Nutrition Director s determination on a protest may be appealed by the Protesting Party to the ECISD Purchasing Director. An appeal of the ECISD School Nutrition Director s determination must be in writing and must be received in the ECISD Purchasing Director office no later than 10 calendar days after the date of the ECISD School Nutrition Director determination. The appeal shall be limited to review of the ECISD School Nutrition Director determination. Copies of the appeal must be mailed or delivered by the Protesting Party to ECISD School Nutrition Department and Interested Parties contemporaneously with filing the appeal to the ECISD Purchasing Director. (i) The ECISD Purchasing Director may confer with the ECISD General Counsel and/or in his/her review of the matter appealed. (j) A decision issued in writing by the ECISD Purchasing Director shall be the final administrative action of ECISD School Nutrition Department, and no further appeal shall be permitted. Page 11 of 13

18 Required Forms Page 12 of 13

19 Required Forms Page 13 of 13

20 and Bid Form Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Vendor s Name/Company Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Address: Signature of Authorized Representative: Date: Federal Tax ID # Page 1 of 14

21 and Bid Form * Usage quantities are projections only. Orders will be communicated as needed. Minimum Shipment Requirements: Lead Time Requirements: 1 3, , , ,100 Frozen Meats and Entrées MINI PANCAKE WRAPS: Maple flavored, individually wrapped, 2.55oz; CN label required; Creditable grain content must be at least 50% whole grain; must provide at least 1 oz. M/MA and 1 oz. Grains; low sodium preferred. Foster Farms #97169 CORN DOGS: Chicken franks thoroughly covered with a corn meal batter; no bags; CN label required; Creditable grain content must be at least 50% whole grain; must provide at least 2 oz. M/MA and 2 oz. Grains; low sodium preferred; 72 ct. Foster Farms #95150 PANCAKES-N-SAUSAGE: Sausage link dipped in a pancake batter; CN label required; Creditable grain content must be at least 50% whole grain; must provide at least 1 oz. M/MA and 1 oz. Grains; low sodium preferred; 56 ct. State Fair #70481 CN (48) Foster Farms #94087CN (56) Foster Farms #95121 (56) KOLACHE: CN label required; Creditable grain content must be at least 50% whole grain; must provide at least 1 oz. M/MA and 1 oz. Grains; low sodium preferred. Item Award LeChi #63727 (70/2oz) Page 2 of 14

22 and Bid Form Frozen Meats and Entrées PORK PATTIES, RIB SHAPED: Precooked; rib shaped; boneless pork; with barbeque and charbroiled seasonings/flavorings; CN label required: each patty must provide at least 2 oz. M/MA ; low sodium preferred; 100 ct. Advance #CN (100/2.5oz) Gorges # CN(100/2.7oz) Gorges/QTF #20481CN (52/3.1oz) PORK TAMALES: Must meet whole grain requirements; must be no less than 1.25-grain contribution and 1.25 meat contribution. Foods of New Mexico #08000 DSM # Ground Beef: Total product shall consist of 100 % domestic ground beef and shall be USDA inspected. Product must be 85/15 (+/- 2%). This product shall be quick frozen and stored at 0 degrees F. or lower for at least five (5) days prior to shipment. Product must be packed in 10# packages or "sticks". Preferred packing in either 4/10# or 5/10# per case. Each ten pound (10#) package of product shall be tightly and securely sealed in a heavy moisture vapor proof plastic bag or casing normally used for packaging bulk ground meat products. Catch weight or alternate packs will not be considered. shall be full as to prevent case failure when product is stacked. Item Award TAQUITOS-Must meet whole grain requirements; must be no less than 1.00-grain contribution and 1.00-meat contribution per serving. Tyson Crispitos #19578 Page 3 of 14

23 and Bid Form 1 5, , , ,400 Frozen and Dry Grains WHOLE GRAIN DUTCH WAFFLES: Must meet whole grain requirement. Must be no less than 2.00-grain contribution. J&J Snack Foods #4521 WHOLE GRAIN THAW & BAKE ROLL DOUGH: 1.25oz unit weight; each roll must provide at least 1 oz. Grains; 140mg sodium per roll; 384 per case. CH Guenther # CHOW MEIN NOODLES-Must meet whole grain requirements. Yang s 5 th Taste # MINI POWDER DONUT oz. Frozen individually wrapped thaw & serve, nickel stack six packs of ½ oz. Creditable grain content must be at least 50% whole grain; must provide at least 2 oz. Grains per serving. Super Bakery #7787 BANANA BREAD SLICE- 70, 3.4oz (96g), Frozen, IW, Thaw & Serve, Creditable grain content must be at least 50% whole grain; must provide at least 2 oz. Grains per serving. Super Bakery #6071 COCOA BREAD SLICE- 70, 3.4oz (96g), Frozen, IW, Thaw & Serve, Creditable grain content must be at least 50% whole grain; must provide at least 2 oz. Grains per serving. Super Bakery #6076 Item Award Page 4 of 14

24 and Bid Form 7 6, , Frozen and Dry Grains CHOCOLATE FILLED CRESCENT-Must meet whole grain requirements. Must be no less than 2.00-grain contribution Pillsbury # FROZEN COOKIE-Whole grain cookie dough; Candy; Creditable grain content must be at least 50% whole grain;.5 grain equivalent; <91mg sodium per cookie; 384 count per case BeneFIT #04912 CHERRY MUFFIN-Must meet whole grain requirements. Must be no less than 2.00-grain contribution. Buena Vista #60425 MINI CHOCOLATE DONUT oz. Frozen individually wrapped thaw & serve, nickel stack six packs of ½ oz. Creditable grain content must be at least 50% whole grain; must provide at least 2 oz. Grains per serving. Super Bakery #7786 FROZEN APPLE FRUIT POCKET-Glazed; Thaw and serve. Must meet whole grain requirement. Must meet 1-grain and ¼ cup fruit contribution. Horizon Snack Foods # FROZEN CHERRY FRUIT POCKET-Glazed; Thaw and serve. Must meet whole grain requirement. Must meet 1-grain and ¼ cup fruit contribution. Horizon Snack Foods # Item Award Page 5 of 14

25 and Bid Form ,200 Frozen and Dry Grains FROZEN BISCUIT-Must meet whole grain requirement. Must meet 2.00-grain contribution. 144ct per case CH Guenther Conestoga Classic Split Biscuit # FLAVORED GRAHAM CRACKERS-Must meet whole grain requirements. Must meet 1-grain contribution. Zee Zees # # SOFT BAKE CEREAL BAR-Must meet whole grain requirements. Must be no less than 2.00-grain contribution. Zee Zees #B60480 GRAHAM SNACKS, French Toast and/or Cinnamon Bun flavor preferred, 1.76 oz., 100/case; Creditable grain content must be at least 50% whole grain; each packet must provide at least 2 oz. Grains. Kellogg s Cinnamon Bun flavor# Kellogg s French Toast flavor # Item Award 17 3,500 BOWL PACK CEREAL ASSORTED FLAVORS: sealed plastic single serve bowls; Creditable grain content must be at least 50% whole grain; must provide 1 oz. Grains per serving. Looking for two flavors. amount will be split between the two flavors. Trix-25% less sugar Lucky Charms Page 6 of 14

26 and Bid Form Frozen and Dry Grains WHOLE GRAIN PENNE RIGATE - heavy wall; made from whole grain semolina or durum flour; pasta shall be light brown to tan color, smooth, hard and brittle; 51% whole grain; 20# bulk. JM Swank Ultragrain # Dakota Growers #92010 Item Award Dairy BUTTER BLEND-EUROPEAN STYLE: AA butter base; less than 83% fat; lightly salted; individually wrapped 1# blocks; 30/1#. Sun Glow # (36/1#) ADM # (30/1#) Item Award 1 2,750 Fruit Products PEACH SLICES - Grade A; extra light syrup preferred; minimum drained weight: 59 oz.; California preferred; 6/#10; US Grade: Domestic/International: Item Award Page 7 of 14

27 and Bid Form 2 2, , ,850 Fruit Products MANDARIN ORANGES Whole or broken segments; Grade A; extra light syrup or juice pack; min. drained wt.; 65 oz.; 6/#10 US Grade: Domestic/International OK: Brand/#: PINEAPPLE TIDBITS - Grade A; extra light syrup or juice pack; min.-drained wt.; 65 oz.; 6/#10. US Grade: Domestic/International: MIXED FRUIT-Grade A; extra light syrup or juice pack; minimum drained wt; 65 oz; 6/#10 Item Award 5 5, , ,000 US Grade: Domestic/International: SHELF STABLE MANDARIN ORANGE FRUIT CUP-Must be 100% fruit juice; Must meet ½ cup-contribution. International product is acceptable. Nu Health #SMO45 US Grade: Domestic/International: SHELF STABLE DICED APPLE FRUIT CUP-Must be 100% fruit juice; Must meet ½ cup-contribution. Nu Health #SAP45 US Grade: Domestic/International: SHELF STABLE JUICE; 4oz; 100% vegetable and fruit juice; must credit as ½ cup vegetable contribution. Apple and Eve # Page 8 of 14

28 and Bid Form Canned Vegetables GREEN BEANS: Blue Lake variety; Northwest or Midwest; 3-4 sieve; Grade A; recommended drained weight 63 oz; no short cuts or special cuts; 140mg sodium per ½ cup serving preferred; 6/#10. US Grade: Domestic/International: WHOLE KERNEL CORN: yellow; Grade A; wet pack preferred; recommended drained weight 74oz; 110mg sodium per ½ cup serving; 6/#10. US Grade: Domestic/International: DICED GREEN BELL PEPPERS - 5mg sodium per 30g preferred; 24/#303 (14.5 oz.) US Grade: Domestic/International: PORK AND BEANS- Grade A; <10mg sodium per tablespoon preferred; 6/#10. US Grade: Domestic/International: CANNED PINTO BEANS: Grade A; <140mg of sodium per half cup serving; Recommended drained weight 67oz.; US Grade: Domestic/International: BLACK BEANS-Grade A: Low sodium preferred. 6/#10. US Grade: Domestic/International: POTATO GRANULES- complete mix; Vitamin C enriched; low sodium preferred per 17g; 6/#10 or equivalent. Item Award US Grade: Domestic: Page 9 of 14

29 and Bid Form Bags Bags Pantry Staples LONG GRAIN BROWN RICE - quick cook; U.S. Grade 1; unmilled kernel with only the outer husk removed; 100% whole grain; 25# Uncle Ben's #12111 WHOLE GRAIN LASAGNA NOODLES - curly ridged; 10"; made from whole grain semolina or durum flour; pasta shall be light brown to tan color, smooth, hard and brittle; 51% whole grain; 10# bulk. JM Swank Ultragrain # Dakota Growers # WHOLE GRAIN SPAGHETTI NOODLES - 10"; made from whole grain semolina or durum flour; pasta shall be light brown to tan color, smooth, hard and brittle; 51% whole grain; 20# bulk. JM Swank Ultragrain # Dakota Growers # GRANULATED SUGAR: Pure cane sugar only; no beet sugar or blends; 25# bag Item Award $ /bag $ /bag MACARONI ELBOW-51% whole grain Dakota Growers # Each Spices & Flavorings GARLIC POWDER - 25 oz; plastic jar Page 10 of 14 Item Award $ /ea

30 and Bid Form 2 75 Each 3 40 Each 4 40 Each 5 45 Each 6 10 Each 7 72 of 10.6oz or 9 of 5# 8 20 Each Spices & Flavorings BLACK PEPPER - table grind; 1#; plastic jar CHIPOTLE CHILI PEPPER-ground, 1# ONION POWDER - 1#; plastic jar CAYENNE PEPPER-1#. containers GROUND CORIANDER-1# container CRYSTALLIZED LIME-seasoning. CRUSHED RED PEPPERS-1# container Item Award $ /ea $ /ea $ /ea $ /ea $ /ea $ /ea $ /ea Condiments MUSTARD PACKETS - low sodium preferred; 5.5 gram; poly or foil pouch; 500 count RANCH DRESSING PACKETS - low sodium preferred; 12 grams; 200 ct. MAYONNAISE PACKETS-low sodium preferred; 500 count VINEGAR - 50 grain; white or amber; plastic container; 4/1 gal. Item Award Page 11 of 14

31 and Bid Form Condiments RED WINE VINEGAR: plastic container; 4/1 gal. BUFFALO SAUCE PACKETS: low sodium preferred, 5.5 gram, 500 per case. Item Award MAYONNAISE - Regular; plastic container; 70mg sodium per tablespoon; 4/1 gal. MAPLE PANCAKE SYRUP: plastic container; low sodium preferred; 4/1gal Sauce Mixes FAT FREE COUNTRY GRAVY MIX - each package yields 1 gallon; low sodium preferred; 6/24 oz. Morrison s #7244 SPAGHETTI SAUCE MIX low sodium preferred; 12/15oz packages Lipton Spatini #01510 Item Award Page 12 of 14

32 and Bid Form Miscellaneous CHOCOLATE PUDDING - 6/112oz Gehl s #03268 Item Award 2 1,200 BLUEBERRY GELATIN-jello;12/1.5 # 3 1,000 WHIPPED TOPPING-each package yields 1 gallon; 12/12 oz. 4 6,000 Packages PRE-COOKED BACON-fully cooked; low fat and low sodium preferred; 72ct Hormel-Black Label-Hickory Hardwood Smoke Fully Cooked Original Bacon $ /pkg Page 13 of 14

33 and Bid Form Bid Award Flow Chart The following flow chart illustrates the decision process for awarding items Page 14 of 14