Region 8 TIPS Food Purchasing Cooperative General PROPOSAL DUE: May 17, 2013

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1 General PROPOSAL DUE: May 17, 2013 April 26, 2013 REGION 8 TIPS To Vendor Addressed: Region 8 TIPS Food Purchasing Co-op referred to as REG8 TIPS FPC, invites your competitive sealed proposal. Proposals/pricing/all requested documentation must be presented in a sealed envelope marked REG 8 TIPS FPC RFP#. NO online submission, the following Accepted and signed Original documents are to be delivered to Region 8 before 3:00 p.m. CST Friday, May 17, ) RFP Terms & Conditions, all attachments in hard copy, completed and signed. 2.) Flash drive loaded with RFP Terms & Conditions, attachments, completed and signed, all the current Nutrition Facts, CN labels and/or product analysis sheet(signed, authorized title and date). And any other product required documentation must accompany bid proposal. The deadline for these items to be received at Region 8 ESC is: No later than 3:00 pm, Friday, May 17, Competitive locked proposals will not be awarded on opening but after study and consideration by the REG8 TIPS FPC Advisory Committee and approval by the Region 8 ESC Board of Directors. Region 8 TIPS FPC reserves the right to hold proposal prices ninety (90) days after the proposal opening without acting on them. Any proposal received after the submission deadline will not be accepted. Region 8 TIPS cannot accept documents that are not included within the sealed bid proposal package. For additional information, please contact: Region 8 ESC Phone: (903) Ext Donna Hornbuckle Direct Line: (903) Food Co-op Manager Fax: US Hwy 271 N., dhornbuckle@reg8.net Pittsburg, Texas The REG8 TIPS FPC reserves the right to accept or reject in whole or in part any proposals submitted, to waive technicalities, and to make awards in the best interest of the REG8TIPSFPC members. Bid may or may not be awarded based on line item, category, in whole or in part to any or all awarded vendors. Please note the attached conditions of the proposal. No Federal or State tax or fuel surcharges are to be included in the quoted price, or added upon delivery. In regard to Milk proposal, all milk shall be free of rbst and any other growth hormone. Special consideration for outlying districts will be made in regard to closest awarded vendor. Vendor will be encouraged to provide services for outlying districts in order to be awarded. Orders are compiled through REG8 TIPS FPC member districts according to their imminent need. No advance payment will be made to vendors receiving an award. Payments will be processed through receiving entity. In accordance with Federal law and United States Department of Agriculture (USDA) policy, these programs are prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. Sincerely, Raymond Glynn Executive Director

2 SPECIAL RFP FOR FOOD SERVICE CATEGORIES RFP NUMBER CATEGORY RFP# FM-FLUID MILK, DAIRY PRODUCTS, JUICE AND BEVERAGES* Reg8TIPSFPC reserves the right to award to one or more vendors for any or all RFP s. The following Request For Proposal (RFP) is for service areas to the Region 8- TIPS Food Purchasing Cooperative Members as listed on the Membership List. (Note: Participating Districts are in the Region 7 and Region 8 AND Region 10 geographical areas.) Vendor Instructions: 1. Download and copy RFP (This Document). 2. Decide which categories you are interested in submitting a proposal. 3. Contact Donna Hornbuckle at Region 8 ESC Tel to obtain additional information or any supplemental documents for each category. 4. Submit an individual RFP Form and attachments for each RFP and required documents (on flash drive) to Region 8 no later than May 17, 2013by 3:00 p.m. NOTICE TO BIDDERS RFP IN SEALED ENVELOPE must be addressed to: REGION 8 - TIPS Food Purchasing Coop RFP# CATEGORY C/O Donna Hornbuckle, Food Service Manager 4845 US HWY 271N Pittsburg, Texas

3 Special Considerations Proposals are to include the complete RFP and information requested in the sequence and format prescribed herein. Elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired. Any proposal received later than the specified time, whether delivered in person or mailed, will be disqualified. Faxed or electronically submitted proposals cannot be accepted. Proposal envelopes shall be plainly marked with the name of the Category and RFP # with the opening date and time. For additional information please contact Donna Hornbuckle at (903) At the published date and time of opening, TIPS/TAPS will receive, publicly open, and read aloud the names of the proposing vendors. At that time RFP s will be taken under consideration, no pricing, products, proposed coverage areas or any other bid information with be discussed at the opening. REG8 TIPS FPC reserves the right to negotiate for outlying districts. TIPS/TAPS reserves the right to waive any informalities and/or reject any or all Proposals in whole or in part and make the selection on the basis of member recommendation, best value, most qualified vendor to perform the work or services for member districts. Potential Vendors should consider Texas Public School Nutrition Policy and the Healthy and Hunger Free Kids Act 2012 Final Rule in proposed food items. A minimum of two deliveries to each campus per week with no fuel surcharge or delivery drop fee. A district may request more deliveries and be granted such if volume warrants deliveries. If awarded and vendor fails to provide guaranteed two deliveries will be found in default of awarded contract agreement and the contract will be terminated for this cause following a written notice of 30 days termination for failure to provide contract terms. Reg8TIPSFPC reserves the right to provide and addendum of additional items to potential bidders within 10 days of bid posting allowing a full 20 days for potential bidders to secure pricing for addendum items. Please dhornbuckle@reg8.net if you intend to respond to any of the named RFP s. Vendor will provide in time deliveries for all students to be provided with the opportunity to accept milk with each meal. If a vendor fails to provide this service, vendor will be responsible for the loss of NSLP funds for each student who does not qualify for a reimbursable meal. In the event the potential vendor fails to provide in RFP documentation requested above the potential vendor will not receive a bid award in any capacity. 4

4 Region 8 TIPS Food Purchasing Cooperative TABLE OF CONTENTS PAGE A. SPECIAL TERMS AND CONDITIONS 5 B. PROPOSAL PACKAGE CHECKLIST REMINDER 6 C. STANDARD TERMS AND CONDITIONS 7 D. GENERAL TERMS AND CONDITIONS 10 E. SPECIAL TERMS AND CONDITIONS 16 F. FORM W-9 26 G. PROPOSAL SPECIFICATION REQUIREMENTS 27 H. CONSIDERATIONS TO AWARD THE CONTRACT 28 I. CERTFICATE OR RESIDENCY 29 J. FELONY CONVICTION NOTIFICATION 30 K. CONFLICT OF INTEREST QUESTIONAIRE 31 L. NON-COLLUSION STATEMENT 32 M. SIGNATURE SHEET 33 N. BIDDER PREFERENCE/TEXAS FAMILY CODE CERTIFICATION 34 O. VENDOR ACKNOWLEDGEMENT FORM 35 P. NO PROPOSAL NOTIFICATION 36 Q. ITEM CHECKLIST 37 R. REFERENCES (School Districts) and Special Awards for market served 38 S. LOBBYING DISCLOSURE 41,42 T. SPECIFICATIONS Attachment A U. VENDOR PARTICIPATION FEE Attachment C 45 In order for your proposal to be considered in the proposal process, the following items are required to be included in the proposal package: 5

5 DESCRIPTION OF ITEM YES NO N/A 1. ALL TERMS & CONDITIONS, GENERAL ASSUMPTIONS, SPECIAL CONSIDERATIONS AND BACKGROUND 2. FORM W-9 (Fill in ALL blank lines, sign and date) 3. PROPOSAL SPECIFICATION REQUIREMENTS (Fill in ALL blank lines, as needed) 4. CONSIDERATION TO AWARD CONTRACT 5. CERTIFICATE OF RESIDENCY 6. FELONY CONVICTION NOTIFICATION (Fill in one of the appropriate sections A, B or C) 7. FORM CIQ 8. NON-COLLUSION STATEMENT & SIGNATURE SHEET (Fill in blank lines on form completely and sign forms) 9. BIDDERS PREFERENCE/TX FAMILY CODE CERT. (Fill in appropriate information) 10. VENDOR ACKNOWLEDGEMENT FORM (Fill in appropriate information) 11. NO PROPOSAL NOTIFICATION (Fill in if applicable) 12. ITEM CHECKLIST 13. LOBBYING DISCLOSURE 14. ATTACHMENTS A, C (Fill in appropriate information to appropriate documents) **FAILURE TO MANUALLY SIGN THE PROPOSAL WILL DISQUALIFY SUBMISSION** 6

6 REGION 8 TIPS FOOD PURCHASING COOPERATIVE STANDARD TERMS AND CONDITIONS The words bids, proposals, quotes and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions are applicable on all bids, requests for proposals, quotes, competitive sealed quotes, etc. to which they are attached. 1. SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller's name and address; (b) Consignee's name, address and purchase order number; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packing unless otherwise provided. Goods shall be suitably packed as to secure the lowest transportation costs and to conform with requirements of common carriers and any other specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS: Title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid unless delivery terms are specified otherwise in bid: Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's bid, or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs, provided Buyer shall have the right to designate what method of transportation shall be used to ship the goods. NO FUEL SURCHARGES ACCEPTED. 5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 6. PLACE OF DELIVERY: The place of delivery shall be set forth on the purchase order. Any change thereto shall be effected by modification as provided for in Clause 20, "Modifications", hereof. The terms of this agreement are "no arrival, no sale". 7. INVOICE AND PAYMENTS: Invoices for the purchases made by the school district are paid by the business office of each school district. In order to facilitate the handling of these invoices, the successful vendor must adhere to the following instructions. a. Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall be sent monthly, indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight weigh bill when applicable, itemized by individual item with unit price recorded, number of units, invoices shall be accurately extended and be attached to the invoice. Payment shall not be due until the above instruments are submitted after delivery. Suppliers should keep the Accounts Payable department advised of any changes in your remittance addresses. Monthly statements shall only be mailed to each ISD attention Food Service Director. Invoices must be sent to each district by the tenth (10) of the month, following the date of delivery for items delivered to each delivery site. b. Buyer's obligation is payable only and solely from funds available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Seller by Buyer. If for any reason it is necessary to make a change of cancellation on an invoice, it is to be recorded by the carrier on the invoice and signed by the carrier as well as the school district s agent receiving the merchandise. c. All REG 8 TIPS FPC members are tax exempt. All REG 8 TIPS FPC member districts are responsible for payment of invoices according to this agreement. REG 8 TIPS FPC member districts shall verify monthly statements, invoices and a purchase order processed by the school district s business office in accordance with net equal thirty (30) days payment schedule. 7

7 8. GRATUITIES: The buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities were offered or given by the Seller, or any agent, or representative of the Seller, to any officer or employee of the Region 8 Education Service Center or REG 8 TIPS FPC member with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 9. SPECIAL TOOLS, EQUIPMENT AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. Price includes properly maintained equipment for the holding and/or distribution of purchased product from awarded vendor. Vendor must provide a list showing school location of company-owned equipment at each delivery site upon request from REG 8 TIPS FPC Manager. Awarded vendor is responsible for recording model and serial number of all equipment during the entire course of the contract period(s). The awarded vendor is responsible for maintenance of all equipment secured in connection with this award, and/or replacement of failed equipment and replacement of any merchandise lost from failure of vendor owned equipment. 10. WARRANTY PRICE: a. The price paid by the buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current prices on orders by others for products of like kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed retained to solicit this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For the breach or violations of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 11. WARRANTY PRODUCTS: Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the good furnished will conform to the specifications, drawings and descriptions listed in the bid invitation and to the sample(s) furnished by the Seller, if any. In the event of a conflict between the specifications, drawings and descriptions the specifications shall govern. 12. SAFETY WARRANTY: Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time or 30 days whichever is shorter, correction may be made by the buyer at Seller's expense. 13. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement or the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to seller for indemnification in the event that seller is sued on the ground of infringement or the like. If seller is of the opinion that an infringement or the like will result, he will notify Buyer to this effect in writing within two weeks after the signing of the agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains that production of the goods in accordance with specifications will result in infringement or the like, this contract shall be null and void except that Buyer will pay Seller the reasonable cost of his search as to infringements. 14. RIGHT TO INSPECTION: Buyer shall have the right to inspect the goods at delivery before accepting them. REG 8 FPC reserves the right of inspection of equipment, transportation vehicles, and facilities according to USDA guidelines right of inspection with HACCP mandates. 8

8 15. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 16. TERMINATION: The performance of work under this order may be terminated in whole or in part by the Buyer in accordance with this provision. Termination of work here-under shall be effected by the delivery to the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of rights of Buyer set forth in Clause 15, herein. 17. FORCE MAJEURE: If by any reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this agreement then such party shall give notice and full particulars of Force Majeure in writing to the other part within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as herein provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockout, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, arrests, restraint of government and people, civil disturbances, explosions, acts of war, or any other causes no reasonably in the control of the party claiming such inability. 18. ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 19. WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved. 20. MODIFICATIONS: This contract can be modified or rescinded only by a writing signed by both parties or their duly authorized agents. 21. INTERPRETATION PAROLE EVIDENCE: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the code is to control. 22. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of the agreement. 23. ADVERTISING: Seller shall not advertise or publish, without Buyer's prior consent, the fact that Buyer has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government. 24. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perform, he may demand that the other party give written assurance of his intent to perform. In the event that demand is made and no assurance is given within (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 25. VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in Titus County, Texas. 26. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or Region 8 Education Service Center employee or REG 8 TIPS FPC member shall have a financial interest, direct or indirect, in any contract with the Region 8 9

9 Education Service Center or REG 8 TIPS FPC member, or shall be financially interested, directly or indirectly, in the sale to the Region 8 Education Service Center or REG 8 TIPS FPC member of any land, materials, supplies or services, except on behalf of the Region 8 Education Service Center or REG 8 TIPS FPC member as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall be subject to removal from their office or position. Any violation of this section, with the knowledge, expressed or implied, of the person or corporation contracting with the Region 8 Education Service Center or REG 8 TIPS FPC member shall render the contract null and void. 27. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. 28.Vendor Participation Fee: The members of this co-op do not pay a membership fee and it is not funded by either state or federal funds. Therefore it operates using vendor participation fees. Members see a great benefit for a non-pricing operation and it allows us to build more participation. The successfully awarded vendors agree to a vendor participation fee equal to ½% per cent of ALL SALES. This fee will be due in four (4) installments payable on (July-15-October 14) due, November 15, 2013, (October 15 January 14), due February 15, 2014, (January 15 April 14), due May 15, 2014, (April 15 July 14), due August 15, The successful processor will be issued an invoice for vendor participation fee at least thirty (30) days prior to the due date. Payment terms to be Net (30). See Attachment C for signature to show acceptance of Vendor Participation Fees. 10

10 GENERAL TERMS AND CONDITIONS THE WORDS BIDS, PROPOSALS, QUOTES AND THEIR DERIVATIVES MAY BE USED INTERCHANGEABLY IN THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE APPLICABLE ON ALL BIDS, REQUEST FOR PROPOSALS, QUOTES, COMPETITIVE SEALED QUOTES, ETC. TO WHICH THEY ARE ATTACHED 1. INSTRUCTIONS TO BIDDERS: Bidders shall carefully examine the specifications and other documents. Should the bidder find discrepancies in, or omissions from the specifications or other documents, or should he be in doubt as to their meaning, he should at once notify the Region 8 Education Service Center and obtain clarification by addendum prior to submitting any bid. 2. APPLICABILITY: These conditions are applicable and form a part of all contract documents and a part of the terms and conditions of any bid submitted, unless, bidder takes exception in writing when submitting quotations. 3. PROPOSAL SUBMISSION: A signed, submitted proposal constitutes an offer to perform work and/or deliver the products specified in the proposal solicitation. Proposals must be submitted ON THIS FORM ONLY AND MUST REACH Region 8 ESC TIPS FPC 4845 US HWY 271 N., Pittsburg, Tx on or before 3:00 pm, Friday, May 17, Submit one copy in a sealed envelope, plainly marked SEALED PROPOSAL: PROPOSAL, 4845 US HWY 271 N., Pittsburg, TX Any proposal received later than the specified time, whether delivered in person or mailed, will be disqualified. It will be the responsibility of the bidder to deliver the proposal to the office of the REG 8 TIPS FPC Manager at Region 8 Education Service Center before the proposal opening time. Vendors are advised to hand deliver all proposals to Region 8 ESC well in advance of the proposal opening time. Late proposals will be returned unopened. Proposals are to be delivered to Region 8 Education Service Center F.O.B. Inquiries pertaining to this proposal should be identified by title, date and proposal number. In the event you are unable to submit a proposal, please so indicate on this form and return to us. 4. SEALED PROPOSAL: Only sealed proposals are acceptable. Faxed, ed or telephone proposals will not be accepted by Region 8 Education Service Center. 5. ACCEPTANCE: Region 8 Education Service Center reserves the right to accept or reject any or all proposals, to waive all formalities in the proposal process and to accept the offer considered most advantageous to the Region 8 Education Service Center and REG 8 TIPS FPC members. Region 8 Education Service Center reserves the right to modify or add addendums to this document for a period of 30 days from date of RFP post. 6. ERROR/QUANTITY: Proposals must be submitted on units of quantity specified and extended to show total. In the event of discrepancies in extension, the unit price will govern. 11

11 7. ACCURACY OF PROPOSALS: It is specifically understood and provided that a bidder's proposal represents a true and correct statement of such proposal and contains no clause for claim of omission or error. Any bidder who is extended the privilege of withdrawing a bid because of having proven mechanical error in their bid will be removed from the bid list. 8. DELIVERIES: All deliveries required in this bid will be freight prepaid, F.O.B. destination. Bid prices will include all freight and delivery charges. The Region 8 Education Service Center and its REG 8 TIPS FPC members assume no liability for goods delivered in damage or unacceptable condition. The successful bidder will handle all claims with carriers, and in case of damaged goods, will ship replacement goods immediately upon notification by Region 8 Education Service Center and/or its REG 8 TIPS FPC members of damage. Awarded vendor must provide REG 8 TIPS FPC Manage with a written delivery schedule including primary and secondary deliveries in writing with this proposal. Some districts may require daily delivery which shall also be provided in the RFP packet. SPECIAL CONSIDERATION IN DELIVERIES: In the case of Fluid Milk, ACCORDING TO NATIONAL SCHOOL LUNCH PROGRAM (NSLP) there is no substitution for fluid milk and milk is REQUIRED at every meal. If the milk vendor does not make delivery in time for meals, district reserves the right to bill the vendor for each meal served that did not meet federal guidelines by offering milk. (Rate will be that of the Federal Reimbursement for a school meal NOT THE PRICE OF THE MILK!) 9. PRICES: Proposal prices must be for a minimum of ninety (90) days from the date of proposal opening. In the case of an annual contract bid request, the price must remain firm for the period specified. "Discount from List" bids are not acceptable unless specifically requested. Price increases must be made in writing for a period of thirty (30) days and no less than fifteen (15) days prior to the price change due to escalation factors in accordance with this agreement. Any violation of this escalation clause will be grounds for termination of this Agreement by REG 8 TIPS FPC Cooperative and sanctions as outlines in this agreement will be enforced. Delivery prices bid per campus/site within a district which are offered with/without equipment will be honored per delivery site, not district. Billing is determined per delivery site thus discounts will be given per site, not district. The exclusion is if district owns all of their own equipment, then a district rate will be at cheapest bid rate for no equipment. 10. AUTHORIZED SIGNATURE: Proposals must show full firm name and address of bidder, and be manually signed. Failure to do so will disqualify proposal. Person signing proposal must show title or authority to bind his firm in a contract. 11. WITHDRAWAL OF PROPOSAL: Will not be allowed for a period of 60 days following the proposal opening. No proposal may be withdrawn after closing without acceptable reason in writing and with the approval of the Chief Financial Officer. 12. ALTERING PROPOSALS: Proposals cannot be altered or amended after proposal closing. Alterations or interlineations made before proposal closing must be initialed by bidder to guarantee authenticity. 12

12 13. INVOICES: All invoices must be submitted for payment by the successful proposer to the REG 8 TIPS FPC member to the address provided. 14. CASH DISCOUNT: Payment terms are Net 30 days given that the goods and/or services received are in satisfactory condition. Any discounts available to the REG 8 TIPS FPC member for early payment should be noted. Discounts may be considered in determining low bid. 15. TAXES: The Education Service Center and its REG 8 TIPS FPC members are exempt from State sales tax. Taxes must not be included in the proposal. Tax exemption certificates will be executed by the Region 8 Education Service Center and its REG 8 TIPS FPC members and furnished upon request. 16. INSURANCE: If insurance and/or workman's compensation is required by the Education Service Center and/or its REG 8 TIPS FPC members for said bid item(s), proof of insurance and/or workman's compensation should be submitted to the Risk Manager prior to commencement of the project. The Region 8 Education Service Center and/or its REG 8 TIPS FPC members reserve the right to review all insurance policies pertaining to bid item(s) to guarantee that the proper coverage is obtained by the bidder. 17. SPECIFICATIONS: Specifications may be those developed by the Purchasing Department to represent items of regularly manufactured products. a. Region 8 Education Service Center specifications have been developed by the Purchasing Department to show minimal standards as to the usage, materials, and contents based on their needs. b. Manufacturer s specifications, when used by the Region 8 Education Service Center, are to be considered informative to give the bidder information as to the type and kind requested. Proposals on any reputable manufacturers regularly produced product of such items similar and substantially equivalent will be considered. 18. EQUIVALENT CAUSE: Whenever in any of the Conditions of Agreement, an article, or material, is defined by describing a proprietary product, or by using the name of a manufacturer or vendor, the term or Region 8 Education Service Center approved equal, if not inserted, will be implied. The specific article or material mentioned will be understood as indicating type, function, minimum standard of design, efficiency and quality desired, and will not be construed in such a manner as to exclude manufacturer s products of comparable quality, design and efficiency. If brand other that specified is offered, complete descriptive information of said article must be included with the bid. If bidder takes no exception to specifications of referenced data, brand names, models, etc. as specified, must be available for inspection by Region 8 Education Service Center s personnel. 13

13 19. SAMPLES: When called for, samples will be submitted with the bid unless stated otherwise. Samples will be delivered by the bidder to the attention of the REG 8 TIPS FPC Manager, 4845 US HWY 271N, Pittsburg, Texas 75686, prior to the opening of the bids, and placed in a location designated for examination of such samples. Each sample will be clearly tagged to show the bidder s name, address, bid title and bid item number for which the sample is proposed. Samples for bid determination will not be accepted in the Fluid Milk, Juice, Dairy and Beverage. a. Additional samples needed for a bid to be evaluated properly will be delivered within five (5) working days from the time the vendor is notified by the Purchasing Department. b. Sample items from the successful bidder may be retained for the purpose of determining that the quality and workmanship of the delivered items comparable to the sample. 20. EXCEPTIONS: All proposals must include a detailed statement of exceptions taken to any part of the request. Note any deviation from the specifications and submit those changed specifications as alternates. 21. WARRANTY CONDITIONS: Warranty conditions for all components will be considered manufacturer's minimum standard warranty unless otherwise agreed to in writing. Bidder will be an authorized dealer, distributor or manufacturer for the product. All components bid will be new unless clearly stated in writing. All applicable warranty literature must be submitted with bid. 22. DELIVERIES/PENALTIES: Bid must show the number of calendar days required to place the materials in the possession of the REG 8 TIPS FPC member districts. Do not quote shipping dates. Failure to specify the delivery date will obligate bidder to complete delivery in two (2) weeks from the date the bid is awarded. Unrealistically short or undue long delivery promises may cause the bid to be disregarded. Consistent failure of a bidder to meet his delivery promises without a valid reason may cause removal from the bid vendor list. 23. DELIVERY TIME: Deliveries will be accepted only during normal working hours, 6:30 AM to 3:00 PM, Monday through Friday at the designated REG 8 TIPS FPC member facility, unless otherwise specified and agreed by member districts. Member districts currently receiving night deliveries shall be afforded same opportunity during year. 24. EVALUATION OF PROPOSAL: All proposal evaluations will take into account the following considerations: price, quality, suitability for the intended use, probability of continuous availability, vendor s service and date of proposed delivery and placement. It is not the policy of the Region 8 Education Service Center to award on the basis of low proposal alone. Quality and suitability to purposed being the controlling factors: it being understood 14

14 that Region 8 Education Service Center reserves the right to arrive at such by whatever means Region 8 Education Service Center may determine. 25. REMEDIES: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting proposals. Failure to do so will be at the bidder s own risk and bidder cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors of omission or commission on the part of bidders. 26. ADMINISTRATIVE REMEDIES: Bidder agrees to exhaust its administrative remedies under Region 8 Education Service Center Policy or the Disputes Clause of any resulting contract before seeking judicial relief of any type in connection with any matter related to this solicitation, the award of any contract, and any dispute under any resulting contract. 27. PROPOSAL SUBMISSION: By submitting a proposal, each bidder agrees to waive any claim it has or may have against Region 8 Education Service Center and its respective employees and officers and consultants and their respective employees and officers, arising out of or in connection with the administration evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Documents; or the Contract Documents; acceptance or rejection of any proposals; and award of the Contract. 28. CONTRACT FOR PURCHASE: Contract for purchase will be put into effect by means of a Region 8 Education Service Center or REG 8 TIPS FPC member purchase order(s) executed by the Region 8 Education Service Center Business Office or REG 8 TIPS FPC member after proposals have been awarded. Any additional agreement/contracts to be signed by Region 8 Education Service Center will be included with the proposal. 29. CONDITION: Unless otherwise indicated, items will be new, unused and in first class condition and delivered in containers suitable for damage-free shipment and storage. Region 8 Education Service Center will not accept factory seconds or otherwise inferior goods and reserves the right to return such item(s) within thirty (30) days of receipt at vendor s expense. 30. TIE PROPOSALS: Consistent and continued tie bidding on any commodity could cause for rejection of all proposals by the Region 8 Education Service Center and/or investigation by the Attorney General to determine possible Anti-Trust violations. 31. PATENT RIGHTS: The vendor agrees to protect the Region 8 Education Service Center from any claim involving patent right infringement of copyrights on goods supplied. 32. NO BID: Vendors who do not bid are requested to notify the Region 8 Education Service Center Purchasing Department in writing if they wish to receive future bids. Failure to do so may result in their being deleted from Region 8 Education Service Center's vendor list. 15

15 33. UNRESPONSIVE VENDORS: Proposals from unresponsive vendors will not be accepted. Bidders having a history of inconsistent service and unreliability will not be considered by the Region 8 Education Service Center to be a responsible bidder. 34. CONTRACTS AND AGREEMENTS: All contracts and agreements between Merchants and Region 8 Education Service Center and its REG 8 TIPS FPC members will strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 1990 by the American Law Institute in the National Conference of Commissioners on uniform state laws. Reference: Uniform Commercial Code, 1990 Official Text. 35. QUESTIONS: Any question concerning this proposal should be addressed to Donna Hornbuckle, REG 8 TIPS FPC Manager, Region 8 Education Service Center or dhornbuckle@reg8.net. 16

16 SPECIAL TERMS AND CONDITIONS NOTICE TO OFFERORS ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF PROPOSALS UNLESS SUPERSEDED BY ANY ATTACHED TERMS AND SUPPLEMENTAL CONDITIONS OR SPECIFICATIONS IN WHICH CASE ATTACHED CONDITIONS WILL PREVAIL. ANY EXCEPTIONS MUST BE IN WRITING. GENERAL INSTRUCTIONS TO BIDDERS 1. The original proposal is to be placed in an envelope, sealed and properly identified with the proposal title and proposal number. Proposal documents must have an original signature. 2. Proposals must be received in the REG 8 TIPS Food Purchasing Office before the specified hour and date specified. Proposals received after the deadline are considered late and will not be considered under any circumstances. 3. Proposals must be firm for acceptance for ninety (90) days from proposal opening date. No Proposal may be withdrawn without written approval after a contract has been signed or partial performance of the proposal agreement has begun. 4. Failure to manually sign proposal will disqualify it. Person signing proposal should show title or authority to bind their firm to a contract. 5. Region 8 ESC reserves the right to accept or reject all or any part of any proposal, waive minor technicalities and award the proposal to best serve the interest of Region 8 ESC and REG 8 TIPS FPC members. 6. No Bid: Proposers not submitting a bid after two consecutive requests for bids advertisements may be removed from the vendors list. 7. Fill in all the blanks and answer all the questions in the proposal specifications provided. 8. Venue: In the event of legal disputes related to this contract, the venue shall be in Titus County, State of Texas. 9. All bids must be submitted: ON THIS FORM ONLY AND MUST REACH Region 8 ESC TIPS FPC 4845 US HWY 271 N., Pittsburg, Texas on or before 3:00 pm, Friday, May 17, Detailed specifications are included as attachments. Compliance with all specifications and conditions is required. All bids must include a detailed statement of exceptions taken to any part of the request. At the time of the award, 17

17 the successful vendors will be notified which products are acceptable to the member school districts. 11. Bid acceptance 1) Unsigned bids will not be considered. 2) Bids received after bid date will not be considered and will be returned to vendor unopened. Bid due: 3:00 p.m. Friday, May 17, ) Only sealed bids will be accepted. Faxed or ed bids will not be accepted. 4) When more than one brand name of the "or equal" is available, do not bid more than two (2) item choices. 5) "Or equal" products will be evaluated after bids are received, based on literature submitted and any required testing of the products. It is the vendor's responsibility to submit sufficient data for REG 8 TIPS FPC to properly analyze an "or equal" item. Please note: vendors should submit a list of items which must be accompanied with a price by item list. Vendors must submit the discount that will be applied to prices listed in the catalog in order to arrive at the REG8 TIPS FPC price. 12. Type of Contract: annual agreement for products and services with awarded pricing, billing direct to REG 8 TIPS FPC members. 13. Term of Contract: July 15, 2013 July 14, 2014 with two (2) additional twelve (12) month extensions if all parties are in agreement. Extension will be done in writing and upon mutual agreement between REG 8 TIPS FPC and the awarded vendor(s). Awarded vendors will submit new pricing at the end of a one (1) year term of contract. Vendor discounts shall remain unchanged; however catalog list pricing may change. 14. Order and deliveries to be set up by REG 8 TIPS FPC members. 15. Any change to this bid document must be in a written addendum and signed by Donna Hornbuckle, REG 8 TIPS FPC Manager. For any questions pertaining to the bid specifications, please contact: Donna Hornbuckle dhornbuckle@reg8.net Phone: (903) REG 8 TIPS FPC will not accept "factory seconds" or otherwise inferior goods and reserves the right to return such item(s) within thirty days of receipt at vendor's expense. 17. REG 8 TIPS FPC reserves the right to accept or reject any or all bids. 18

18 18. REG 8 TIPS FPC reserves the right to hold bids ninety days (90) after bid opening before board action and to award the bid most advantageous to REG 8 TIPS FPC. 19. No substitutes will be accepted after item(s) have been awarded as specified. 20. You may bid an equal item, but it must be identified in the applicable space. All bidders must submit sufficient literature and/or specifications with their bid for REG 8 TIPS FPC to make a proper evaluation. Furnish sufficient information to enable an intelligent comparison. 21. Any catalog, brand name or manufacturer's reference, used in this bid is descriptive-notrestrictive. It is intended to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than referenced specifications, bid must show manufacturer, brand, model, etc., of article covered. If other than brand specified is offered, complete descriptive information of each article being bid must be included with the bid. If bidder takes no exception to the specifications or references data, the bidder will be required to furnish brand names, models, etc. as specified. 22. To expedite evaluation of the proposals, REG 8 TIPS FPC forms must be used to submit pricing information. 23. Submit pricing on each item separately. Products listed are a sampling of current items used by member districts. Additional items proposed with catalog must include all product specifications and price. 24. Please bid on each item separately. Provide unit price (minimum of 4 decimal places) on quantity specified and extended amount. In case of error in extensions, the unit price shall govern. 25. REG 8 TIPS FPC reserves the right to reorder from the company awarded the bid, as long as there are no price increases and service and quality of merchandise remains unchanged throughout the length of the contract. 26. The proposal price will include all shipping and handling charges. 27. Equal Employment Opportunity: All bidders shall be in compliance with the Executive Order 11246, entitled "Equal Employment Opportunity" as amended by the Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). 28. REG 8 TIPS FPC reserves the right to request samples at no cost to REG 8 TIPS FPC. Each sample when requested must be marked with bidder's name and item number of the bid. 19

19 29. Owner reserves the right to increase or decrease quantity(s) of item(s) awarded at bid price for the length of the contract period. REG 8 TIPS FPC requests pricing on new products added this period that may not have a quantities amount. New products added during the contract period by an approved vendor, MUST have REG 8 TIPS FPC approval before delivery. 30. Awarded products are to be delivered to REG 8 TIPS FPC member locations. Bid prices for dairy items are subject to monthly escalation and de-escalation based on Federal Market Order (FMO) as published by the United States Department of Agriculture (USDA). Other prices are to remain firms from July 15, 2012 to July 14, Price changes and Product Substitution will be authorized only through proper procedures as outlined in BID AWARD (3), Page 18. Fluctuation of the market and industry trends will be a determining factor with regard to price increases. Reports must accompany increase/decrease in pricing to districts. 31. Proper authorization for orders and issuance of approved Purchase Orders will be through the REG 8 TIPS FPC member s Business Office only. 32. No cash advance discount will be considered. 33. Bids shall be submitted on the forms enclosed and sealed in an envelope clearly marked: REG 8 TIPS FPC RFP Dairy, Fresh Juice and Beverage" DUE: 3:00 pm May 17, 2013 ATTN: Donna Hornbuckle, REG 8 TIPS FPC Manager 34. REG 8 TIPS FPC reserves the right to accept or reject all or part of the bid, waive minor technicalities and award the bid to best serve the interest of REG 8 TIPS FPC members. 35. REG 8 TIPS FPC members are the only authorized entities to use this contract (see attachment B). Other entities may be added with approval by the REG 8 TIPS FPC, REG 8 TIPS FPC Advisory Committee Members and Region 8 ESC Executive Director or Region 8 ESC Board approval. Awarded vendors will be given confirmation of any additional REG 8 TIPS FPC members. 36. Bidding entity must offer Internet-based ordering capabilities. 37. Failure to bid may disqualify a vendor from providing products or services for the term of the contract. INSTRUCTIONS TO BIDDERS 1. SAMPLES: REG 8 TIPS FPC reserves the right to request samples at no cost to REG 8 TIPS FPC. Each sample when requested must be submitted within five (5) days of 20

20 request and marked with bidder's name and item number of the bid. Samples not used will be disposed of. Bidders agree that REG 8 TIPS FPC will incur no liability to samples which are damaged or destroyed in the testing process. Samples requested are to be delivered to: REG 8 TIPS FPC "SAMPLE" RFP Region 8 ESC 4845 US HWY 271 N., Pittsburg, Texas 7686 ATTN: Donna Hornbuckle, REG 8 TIPS FPC Manager 2. BID WITHDRAWAL: No bid may be withdrawn for a period of ten (10) days subsequent to bid opening date without the expressed consent of REG 8 TIPS FPC. 3. COMPLIANCE WITH SPECIFICATIONS AND REG 8 TIPS FPC RIGHT OF SELECTIONS: The bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission. 4. EVALUATION OF BID: All bids shall be evaluated on all factors involved, i.e., price, quality, and service, etc., whichever is in the best interest of REG 8 TIPS FPC. In event of a tie, preference will be given to Texas made products, when known, as provided by HB 597 Bidding Preference Statute. 5. TRANS FAT INFORMATION FOR PRODUCT SPECIFICATIONS: Trans Fat information for each item bid must be provided by vendor. As per TDA s Texas Public School Nutrition Policy (TPSNP) schools are required to reduce their purchase of any products containing trans-fat. 6. DEVIATIONS FROM SPECIFICATIONS: All deviations from the specifications must be noted in writing, in detail by the bidder at the time of submittal of the bid. The absence of a written list of specification deviations will hold the bid strictly accountable to REG 8 TIPS FPC to the specifications as written. Any deviations from the specifications as written not previously submitted, as required, will be grounds for rejection of the materials and/or equipment when delivered. 7. "OR EQUAL" INTERPRETATION CLAUSE: Any time a particular manufacturer's name brand may be specified, it shall mean any product of equal quality. Bids shall be considered on all other brands submitted and on equal quality product of other manufacturers. On all such bids, the bidder shall indicate clearly the product on which he is bidding, and shall supply sufficient data on his/her own letterhead to enable an intelligent comparison to be made with the particular brand or manufacturer specified. If after analyzing the bid, it is found that the bidder did not bid on the brand and model specified and a statement to the contrary is not submitted, the item will not be considered. 21

21 8. REPRESENTATIONS: The Vendor represents that the items and/or services provided by the vendor hereunder shall conform to the presentation of same as represented and described in the attachments and specifications. Notwithstanding anything to the contrary herein, if for any reason REG 8 TIPS FPC determines in its sole discretion, that part or all of such items fail to meet the expectations of REG 8 TIPS FPC, REG 8 TIPS FPC may on ten (10) days notice terminate this Agreement and receive the pro-rata portion of the contract sum paid to the Vendor by REG 8 TIPS FPC for the unexpired term of this Agreement. 9. TERMS OF ASSESSMENT: The lowest bid will not necessarily be the successful bid. Bids will be assessed not only in terms of the cost of the items, but also in terms of reliability, quality and service. 10. ERRORS IN BIDS, RELIEF OF BID: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids: failure to do so will be at the bidder's own risk and bidder cannot secure relief on the plea of error. Neither law nor regulation make the allowance for errors of omission or commission on the part of bidders. In case of error extension of prices in the bid, the unit price shall govern. 11. RESPONSIBLE BIDDER: Bidders having a history of inconsistent service and unreliability will not be considered by REG 8 TIPS FPC to be a responsible bidder. The business must be a well-established organization and have an adequate number of trained personnel to ensure quality and performance and completion of contract within a specified time period. 12. REG 8 TIPS FPC RESERVES THE RIGHT TO REVIEW AND RENEW AND/OR TERMINATE CONTRACT AT THE EXPIRATION OF EACH BID PERIOD. THE CONTRACT IS FOR CURRENT REVENUES ONLY. IF TERMINATION OF CONTRACT IS NECESSARY, THE SUCCESSFUL BIDDER WILL NOT ADD ANY TERMINATION PENALTIES OF SAID CONTRACT. Local Government Code In conjunction with this agreement REG 8 TIPS FPC reserves the right to terminate this contract between itself and the said awarded vendor as evidenced by REG 8 ESC if any of the conditions are not met. The successful vendor shall be given ten (10) working days of remedy any violation of this contract. After such time, the awarded vendor shall be given written notice ten (10) working days in advance of the actual termination of this agreement. In the event of a termination of a contractual agreement the awarded vendor will be barred from submitting a proposal on any future REG 8 TIPS RFPs for a period of twelve (12) months from the date of termination of the contract. If the vendor transfers ownership, ie business, assets the disbarment from responding to a REG 8 TIPS RFP will remain enforce. 13. As required by the Texas Department of Health, HHSC, Chapter 431, Texas Food, Drug and Cosmetic Act, all vendors must supply a current copy of their TDH Manufacturer or 22

22 Wholesalers License. Region 8 TIPS Food Purchasing Cooperative 14. ETHICS CLAUSE: The awarded vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the contract award. The successful vendor is required to note any and all relationships that may present a conflict of interest. The successful vendor agrees to make available to local, state, and federal auditors all information or records required for the continued operation of the school district s Child Nutrition Program (CNP) and the REG 8 TIPS FPC. All records related to this contract shall be retained for five (5) years after final payment is made under this contract and all pending matters are closed. If any audit, litigation or other action involving this contract is started before the end of the five (5) year period, all related records must be retained by the successful vendor until all issues arising out of the action are resolved or until the end of the five (5) year period, whichever is later. BID AWARD 1. REG 8 TIPS FPC shall award the proposal to qualified vendors that best meet the need of member districts, based on, but not limited to: pricing, product availability, distribution and service. Vendor to submit catalog and pricing guide to each REG 8 TIPS FPC member district. For evaluation and consideration of items proposed, samples must be submitted upon request. Vendor to provide all nutrition labels, ingredient information for each item bid. This information may be provided by electronic means, such as on a flash drive. Once a vendor is awarded, an agreement with said vendor should be signed for the bid period, July 15, 2013 July 14, After bid is awarded and low bidder(s) default(s) in meeting the general instructions to bidders and/or comply with contract agreement, REG 8 TIPS FPC reserves the right to seek services from the next low bidder. In such event, REG 8 TIPS FPC shall charge the successful bidder the difference for any additional cost of such item. 3. PRICE CHANGES/PRODUCT SUBSTITUTION: Price changes and/or product substitutions must be a written submission requesting changes to REG 8 TIPS FPC Manager. Product Substitution request must be accompanied with CN Label or Nutritional Analysis information. REG 8 TIPS FPC will respond to such requests by: 1) granting the request, 2) reassigning the item(s) to another awarded vendor, 3) rebidding the item(s), 4) taking any other action as deemed necessary. REG 8 TIPS FPC will evaluate price change requests using, but not limited to, the following indexes: The Food Institute Report, Urner Barry Market Indexes, Producer Price Index (PPI), Consumer Price Index (CPI) and any other relevant commodity price indexes. During the month of June, awarded vendor(s) may submit a written request for pricing changes for the following school year. These requests must be substantiated and accompanied with documentation as to the nature of the change. Vendors are required to immediately implement any industry wide price decreases that become available. 23

23 4. DISCOUNTS / WARRANTY: Please indicate whether your company offers quantity or large order discounts, educational discounts, cash discounts which are identified in line item descriptions and any applicable warranty(ies). 5. EVALUATION PROCESS: Upon receipt of proposals, Region 8 TIPS will review the proposals and may request additional information, as deemed appropriate. Award will be made to Proposers based on the following mandatory requirements. Proposers not meeting the requirements will be deemed non-responsive and will not receive award under this solicitation. Proposer must submit all forms required. The relevant weighting factor for the evaluation will be as follows: Factor Weight Price 50% Reputation/Experience 20% Quality 10% Meeting needs of members 10% Past relationship/hub compliance 5% Long term costs 5% Total 100% Region 8 will award proposals to the vendor(s) with the highest evaluation rank. Multiple vendors may be awarded. 6. NO GUARANTEE OF ORDERS: At this time there are no definite dates, quantities, or choices known; however, it is necessary for Proposers to respond to this Request for Proposal in order to be included on Region 8s approved Dairy, Fresh Juice and Beverage list. SPECIAL CONDITIONS AND DELIVERY INSTRUCTIONS 1. Delivery time to qualified ordering entities is to be Monday through Friday, 6:30 am to 3:00 pm biweekly, weekly, bimonthly, monthly or as needed by the ordering entities. Key Drop deliveries offered by vendors must be approved by the individual member and arrangements for drops are the responsibility of each member and the vendor. See Attachment A for current REG 8 TIPS FPC members and estimated delivery locations, this is subject to change. Delivery to all locations is required. Vendors are encouraged to schedule deliveries to accommodate the ordering entities. 2. Shipping Information: F.O.B. Destination, freight prepaid and allowed. All merchandise ordered must be transported and delivered in the proper transport condition (i.e., Frozen and refrigerated items shall be delivered in a freezer/refrigerated truck and maintained at the appropriate temperatures). Vendor must provide deliveries that ensure compliance with NSLP guidelines or Vendor will be responsible for repayment of lost reimbursement for period of time in default of required deliveries. 24

24 3. Damage Assessment: If vendor is in default on an order, the entity reserves the right to purchase the item in default and charge the increase in price, in any, and cost of handling to the vendor. Failure to pay a damage assessment is cause for contract cancellation and/or suspension or removal of the vendor from the REG 8 TIPS FPC bidders list. 4. Receiving Information: REG 8 TIPS FPC entities shall be responsible for ensuring product received is the item awarded. Product that is not the awarded contract item, or product that is damaged, delivered in a state not appropriate for the item, or otherwise not in good condition, should be refused at the time of delivery. In instances of damaged case goods, entities should accept the product that is in good condition and return the portion of the shipment that is damaged. If shortages occur due to refusal of damaged products or otherwise at the fault of the vendor, entities may purchase needed items locally on an emergency purchase basis. The awarded contract vendor shall be responsible for the difference in cost between the contract item and the emergency purchased item. Should the REG 8 TIPS FPC entity determine an awarded product does not meet the specifications listed; the entity should immediately contact REG 8 TIPS FPC Manager. The entity should retain the product case, label intact, under appropriate storage conditions until product is secured for inspection. 5. HACCP Requirements: In addition to the requirement by Texas Department of Health, HHSC, Chapter 431, Texas Food, Drug and Cosmetic Act, that all vendors must supply a current copy of their TDH Manufacturer or Wholesale License, vendors are also required to meet all HACCP requirements that are mandated by USDA Child Nutrition Program. 6. REG 8 TIPS FPC member districts may require persons who enter a district campus to display the person s driver s license or another form of identification containing the person s photograph issued by a governmental entity in accordance with SB 9 as passed by the 80 th Legislature. School districts could create electronic databases to store information about visitors to campuses. This information could be used only for school security and could not be sold or otherwise be disseminated to a third party. 7. REG 8 TIPS FPC member districts may verify whether a visitor to a district campus is a sex offender registered with the computerized central database maintained by the Texas Department of Public Safety as provided by Article , Code of Criminal Procedure, or any other database accessible by the district. 8. Additionally REG 8 TIPS FPC requires vendor compliance with SB9. SB9 requires fingerprinting and FBI background investigation for all contracted employees who may come in contact with students. Any awarded vendor supplying goods or services to REG8 TIPS FPC member districts must provide upon request proof of SB9 compliance for any and all employees. For additional information vendor may contact Texas Education Agency. ( Texas Education Code SUBCHAPTER C. CRIMINAL HISTORY RECORDS, Sec ) 25

25 BILLING AND PAYMENT INSTRUCTIONS Each invoice is to be verified by REG 8 TIPS FPC member. Invoices to REG 8 TIPS FPC Entities must include: a) Purchase Order Number b) Invoice should be marked (EXAMPLE) Dairy, Fresh Juice and Beverage RFP c) Copy of signed delivery ticket d) Detail of each item sold including vendors stock number Fax #: #: 26

26 SAMPLE ONLY USE CURRENT YEAR W-9 27

27 PROPOSAL SPECIFICATION REQUIREMENTS TO BE FILLED IN BY OFFEROR AND SUBMITTED WITH PROPOSAL Is this proposal in conformance with the enclosed specifications? Yes No If the answer is no, offeror must identify and explain each exception taken, with reference to each page and paragraph to which the exception will apply. It should be understood that if no exception is taken the offeror shall supply all items as specified. Failure to indicate any difference in products offered in this proposal may be deemed sufficient grounds for rejection of a vendor's proposal. Comments: 28

28 CONSIDERATIONS TO AWARD THE CONTRACT It is the intent of these specifications to secure proposals for: Region 8 ESC TIPS FPC 4845 US HWY 271 N., Pittsburg, Texas on or before 3:00 pm, Friday, May 17, 2013 For further information, Please submit questions in writing to: Donna Hornbuckle REG 8 TIPS FPC Manager Region 8 Education Service Center 4845 US HWY 271 N., Pittsburg, Texas Phone (903) According to the Texas Education Code, Subchapter B, Section (b), in determining to whom to award a contract, the Region 8 ESC must consider the following: (1) The cost to REG 8 TIPS FPC member districts; (2) The reputation of the vendor, and vendor experience. (3) The quality of the vendor s service(s)/product(s); (4) The extent to which the services meet Region REG 8 TIPS FPC member district s needs; (5) The vendor s past relationship with REG 8 TIPS FPC member districts, if any; (6) The impact on REG 8 TIPS FPC member district s ability to comply with laws and rules pertaining to historically underutilized businesses; (7) The total long-term cost to REG 8 TIPS FPC member districts to acquire the vendor s service(s)/product(s); and (8) Any other relevant factor that REG 8 TIPS FPC member districts would consider in selecting a vendor. 29

29 CERTIFICATE OF RESIDENCY The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter A. This law makes it necessary for the Region One ESC to determine the residency of its bidders. In part, this law reads as follows: Section: (3) Non-resident bidder refers to a person who is not a resident. (4) Resident bidder refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest proposal submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that Name of Company Bidding is, under Section: (3) and (4), a Resident Bidder Non-resident Bidder My or Our principal place of business under Section: (3) and (4), is in the city of in the state of. Signature of Authorized Company Representative Print Name Title Date 30

30 FELONY CONVICTION NOTICE State of Texas Education Code, Section , Notification of Criminal History of Contractor, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district 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. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION Please check off one box and sign the form in the appropriate space(s) I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the information furnished is true and to the best of my knowledge. VENDOR S NAME: AUTHORIZED COMPANY OFFICIAL S NAME (PRINTED): A. My firm is a publicly-held corporation therefore, this reporting requirement is not applicable. Signature of Company Official: B. My firm is not owned or operated by anyone who has been convicted of a felony. Signature of Company Official: C. My firm is owned and operated by the following individual(s) who has/have been convicted of a felony. Name of Felon(s): Detail of Conviction(s): Signature of Company Official: 31

31 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. OFFICE USE ONLY Date Received By law, this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section (a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship. Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship. 32