Competitive Sealed Proposal (CSP)

CSP Number: 150709
Title: Fresh Produce
Due Date: July 9, 2015
Prior to: 3:00 pm

Mail or deliver complete CSP package to:

Denton Independent School District

Purchasing Department

1213 N. Locust St.

Denton, TX 76201

For additional information, please contact the person listed below. All questions must be submitted

in writing (email preferred) and received on or before 3:00pm CST, July 1, 2015.

.

Cheryl Farmer, Asst. Purchasing Agent

PROPOSER IDENTIFICATION (Please print information clearly)

Firm Name: / Date:
Address: / Phone:
Fax:
City/St/Zip: / Email:
You MUST sign the CSP Response Form on page 8 in order for your CSP to be accepted.


COMPETITIVE SEALED PROPOSAL (CSP)

FRESH PRODUCE

DENTON INDEPENDENT SCHOOL DISTRICT

The Denton Independent School District is accepting responses to this Competitive Sealed Proposal (CSP) for Fresh Produce.

The Proposer is strongly encouraged to read the entire CSP document prior to submitting response. Failure to provide the information requested in its entirety may be grounds for disqualification of the CSP.

Section 1.0: Instructions to Proposers

1.1  Timetable

1.1.1 Deadline for Questions July 1, 2015 – 3:00 pm

1.1.2 Respond to Questions by July 6, 2015 – 3:00 pm

1.1.3 Deadline for Submittal of Proposal July 9, 2015 – 3:00 pm

1.1.4 Recommendation to Governing Body July 28, 2015

1.2  All questions received and the corresponding answers will be distributed to all proposers. No verbal responses will be provided. The deadline for questions will be posted in the form of an addendum to this CSP on the Denton ISD website www.dentonisd.org by July 6, 2015. The vendors will be responsible for checking the website for any posted addenda.

1.3  All vendor communications must be directed in writing to:

Cheryl Farmer, Assistant Purchasing Agent

Denton ISD Purchasing Department

1213 N. Locust St.

Denton, TX 76201

Email: Fax: 940-369-4991

(Include the CSP Number & Name in the subject line)

1.4  Proposals will be received NO LATER THAN July 9, 2015, 3:00pm CST, in the Purchasing Department, 1213 N. Locust St., Denton, TX 76201. Proposals received after this date and time will not be considered. The district will not accept faxed or emailed proposals.

1.5  If due to inclement weather, natural disaster, or for any other cause the District office location where bids/proposals are to be submitted is closed on the due date, the deadline for submission shall automatically be extended to the next District business day on which the office is open, unless the proposer is otherwise notified by the District. The time of day for submission shall remain the same.

1.6  The District will be closed on Fridays beginning the week of June 8, 2015 and ending on July 31, 2015.

1.7  The proposal submission will include one (1) original and two (2) copies and must be sealed in an envelope, box or container, clearly marked on the outside with CSP 150709 – Fresh Produce.

1.8  Prices shall be firm for the period of one year from the date of award. After the initial one year period, proposed price change(s) must be submitted in writing and signed by an authorized company representative. Prices will remain firm during each individual renewal year. Notices must be received at least sixty (60) days prior to the effective date. Within this 60-day period, the District reserves the right to re-bid any affected items.

1.8 To be considered for award of this solicitation, all pages requiring signature plus any/all

Attachments, must be completed with all requested information, signed and returned sealed in an envelope or other appropriate package adequate to conceal and contain the contents prior to the CSP date and time.

1.9 The CSP response must be signed by an individual authorized to contractually bind the company submitting the CSP. A failure to sign the CSP could cause it to be rejected as non-responsive. The CSP must include full company name and address of Proposer, the title or authority to bind his/her firm in a contract and contact information. A Signature Sheet is included in this packet.

1.10 Denton ISD reserves the right to accept or reject any and/or all of the proposals, to waive technicalities, to be the sole judge of quality and equality, to be the sole judge as to the definition of “best overall benefit” and accept the proposal that is in the best interest of the district.

1.11 Vendors that do business with a school district are required to file a questionnaire to identify any potential conflicts of interest. The CONFLICT OF INTEREST QUESTIONNAIRE is included in this proposal.

1.12 Possession of fire arms, alcohol and/or drugs, even in vehicles, is strictly prohibited on school district property. Use of any tobacco products is not permitted on school property.

1.13 The District reserves the right to acquire reasonable amount of additional goods or services, as listed on this CSP, subject to verification of the same or lower prices and conditions on the CSP.

1.14 The District reserves the right to extend this solicitation 60 days past end of the contract term should it be determined that doing so would be in the best interest of the District.

1.15 The term of this contract shall be for a period of one (1) year beginning August 17, 2015 through August 12, 2016 with an option to renew for one (1) year extension with governing body approval, based on the long-range needs of the District and mutual consent of both parties. The final expiration date would be August 12, 2017.

1.15 The extension will be subject to the availability of funds, product quality, vendor performance, and the agreement of both parties to extend.

1.16 The District reserves the right to extend this solicitation at the end of any contract term for up to 60 days if determined to be in the best interest of the District to ensure the availability of products and/or services. All purchase orders dated and issued within these dates will be subjected to the terms and conditions of this CSP.

Section 2.0: Standard Terms and Conditions

2.1 The District intends to award this proposal to a single vendor.

2.2 The District reserves the right to reject any and all proposals, the right in its sole discretion to accept the proposal it considers most favorable to the district’s interest, and the right to waive minor irregularities in the procedures. The District further reserves the right to reject all proposals and seek new proposals when such procedures are in the best interest of the district. The District also will be the sole judge as to the definition of “district’s best interest”.

2.3 The District reserves the right to accept or reject proposals, to waive any formalities and to award this proposal in the best over all interest of the District. The District reserves the right to make final decisions as to comparable items. Be very certain that items upon which you bid and deliver are equal to items listed. Product which is not equal shall be returned to the supplier transportation charges collect.

2.4 No orders are to be placed without a purchase order signed by the Purchasing Agent. No payment will be made for orders filled without an approved purchase order.

2.5 All invoices are to be made to:

Denton Independent School District

Accounts Payable Department

P. O. Box 2387

Denton, Texas 76202

2.7 All invoices for products delivered to schools shall be signed and dated by the Cafeteria Manager or his/her designee.

2.6 Transfer or assignment of this contract by the proposer if prohibited.

2.8 Insurance:

a.  Worker’s Compensation and Employer’s Liability Insurance with statutory limits in conjunction with Employer’s Liability Insurance with limits no less than $500,000 per accident/disease is required.

b.  Commercial Automobile Liability and Property Damage covering all owned, non-owned and hired vehicles to be used in performance of this work; Bodily injury and Property Damage coverage shall be in an amount no less than $100,000 per person/$300,000 per occurrence/$100,000 property damage.

c.  Commercial General Liability Damage Insurance – Comprehensive general liability insurance in the amount of $500,000 per occurrence.

d.  Umbrella Liability Insurance – Liability on a following form basis with a limit not less than $1,000,000 per occurrence in excess of all primary limits.

Section 3.0: Special Terms and Conditions

3.1 To be considered for award of this solicitation, all pages requiring signature, plus and/all

Attachments, must be legible and completed with all requested information, signed and returned sealed in an envelope or other appropriate package adequate to conceal and contain the contents prior to the CSP date and time. Required documents are:

3.1.1 Signature Sheet

3.1.2 Deviation / Compliance Signature Form

3.1.3 SB9 – Criminal History Record Information

3.1.4 Non-Collusion Statement

3.1.5 Criminal Background Check and Felony Convection Notification

3.1.6 Debarment or Suspension Certification Form

3.1.7 Conflict of Interest Questionnaire

3.1.8 Interlocal Agreement Clause (EPCNT) - Optional

3.1.9 References

3.1.10 Vendor Data Form

3.1.11 W-9, Tax Payer Identification Number & Certification

3.1.12 Valid copy(s) of Certificates of Insurance – if applicable

3.1.13 HUB certification documentation – if applicable

3.2 Each line item must be bid using the same unit of measure (u/m) as requested in this

solicitation. Any question(s) regarding the unit of measure must be resolved between the prospective proposer and the Denton Independent School District at least (7) calendar days prior the proposal submission date and time. Failure to bid specified unit of measure may be cause for rejection of the proposal for the specific item(s) in question. Any packaging proposed which differs from that specified in the item description must be explained by proposer next to the applicable item and/or on the Deviation form.

3.3 The proposer must clearly state each unit and extended price per item. The proposer may show volume discounts but may not restrict each purchase to a minimum order value, minimum order quantity, or minimum ship quantity, except to meet standard packaging requirements.

3.4 Quantities shown on this proposal are estimated requirements based on historical data. The District will purchase only such items and/or quantities to meet the District’s need. Quantities are subject to change due to Federal Program (USDA and TDA) regulations and contributions for each school year.

3.5 The District may not order all items or quantities contained in the proposal.

3.6 The District reserves the right to discontinue and/or add product(s) used during the school year as needs change, as new products are introduced, or as required to meet Federal Program (USDA and TDA) regulations.

3.7 The District is requesting firm pricing on its top twelve items listed in this proposal. Denton ISD reserves the right to purchase items not specifically identified in this proposal from the awarded vendor providing pricing in competitive.

3.8 The proposer must be able to deliver fresh produce to all current thirty-five district locations and any additional future locations in a single day between the hours of 6:30am and 2:30pm.

3.9 Deliveries must be made on Mondays. No delivery shall be made on days that schools are closed. Deliveries will be made on the next regular school day or prearranged through the Child Nutrition office.

3.10 Denton ISD may issue single purchase orders that schedule multiple deliveries on a daily, weekly, or monthly basis. If the purchase order states a “delivery by date”, a “do not deliver before date” or a “delivery window”, the District reserves the right to refuse shipments that fall outside the required delivery timeframe.

3.10 All deliveries are to be considered FOB: Destination, Inside delivery and in a refrigerate truck clean and free from odors foreign to product.

3.11 Shipping containers and packaging materials shall be clean and of sufficient strength to protect the products. Any damaged products identified during receiving will be rejected.

3.12 Shipping containers, packing slips and invoices shall be marked clearly and legibly with the Denton ISD purchase order number.

3.13 The District is not responsible for any product left outside the kitchen area or for product delivered without obtaining the required signature.

3.14 All items submitted must be in compliance with OSHA (Occupational Safety & Health Admin) and must have a formal, fully implemented Hazard Analysis and Critical Control Points (HACCP) program in place and available for review upon request.

Section 4.0: Evaluation Criteria

4.1 Final evaluation of this proposal will be based on the Texas Education Code 44.034 (b) per the General Conditions. Evaluation of pricing will be based on Unit Price value to be submitted on the “Pricing Sheet”.

EVALUATION CRITERIA / POINT VALUE
Purchase Price / 40
Reputation of the vendor and vendor’s goods or services / 10
Quality of the vendor’s goods or services / 20
Extent to which the goods or services meet the district’s needs / 15
Vendor’s past relationship with the district / 3
Impact of district’s compliance with laws and rules relating to Historically Underutilized Businesses / 2
Total long-term cost to the district / 5
Other relevant factors specifically listed in this CSP / 5
Total Points / 100

4.2 Section 4302 of Public Law 110-246, the Food, Conservation, and Energy Act of 2008, amended section 9(j) of the Richard B. Russell National School Lunch Act (NSLA) to allow institutions receiving fund through the Child Nutrition Programs to apply and optional geographic preference in the procurement of unprocessed locally grown or locally raised agriculture products. This provision applies to operators of all of the Child Nutrition Programs, including the National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program, Child and Adult Care Food Program and Summer Food Service Program, as well as purchases made for these programs by the Department of Defense Fresh Program. The law also applies to State Agencies making purchases on behalf of local agencies under any of the aforementioned Child Nutrition Programs. This statutory provision was implemented by policy memorandum SP 30-2008, Applying Geographic Preferences in Procurements for the Child Nutrition Programs (July 9, 2008), as well as SP 08-2009 Procurement Questions (January 9, 2009) and SP 28-2009 Procurement Questions (July 22, 2009). For purposes of applying a geographic procurement preference in the Child Nutrition Programs, “unprocessed agricultural products” means only those agricultural products that retain their inherent character. The effects of the following handling and preservation techniques shall not be considered as changing an agricultural product into a product of a different inherent character: cooling, refrigerating, freezing; size adjustment through size reduction made by peeling, slicing, dicing, cutting, chopping, shucking, and grinding; drying/dehydration; washing; the application of high water pressure or “cold pasteurization”; packaging (such as placing eggs in cartons) and vacuum packing and bagging (such as placing vegetable in bags); butchering livestock, fish and poultry; and the pasteurization of milk.