HARLINGEN CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
407 N. 77 Sunshine Strip
Harlingen, TX 78550
Request for Proposal for
Soft Drink, Juice and Water
#SDJW1012
2 Harlingen CISD - RFP Soft Drink, Juice, Water
Table of Content
Introduction …………………………………………………………………………………………………………….. 3
Background Information ………………………………………………………………………………………………... 4
Insurance Requirements ………………………………………………………………………………………………… 6
Proposal Submission ……………………………………………………………………………………….……………. 8
Non-Collusion Form ……………………………………………………………………………………..………………. 9
Certificate of Residency …………………………………………………………………..…………………………….. 10
Felony Conviction Notification …………………………………………………………………………………………. 11
Criminal Background Check ……………………………………………………………………………………………. 13
Signature Page ………………………………………………………………………………………….…………….…. 14
Conflict of Interest Questionnaire ………………………………………………………………….……………………. 15
Evaluation Process ………………………………………………………………………………………………………. 17
Evaluating Criteria ………………………………………………………………………………………………………. 18
Instructions to Proposer ….................................................................................................................................................. 19
Acknowledgment of Receipt ………………………………………………………………………………….…………. 20
3 Harlingen CISD - RFP Soft Drink, Juice, Water
Introduction
Request for Proposals for Drink Vendor and Exclusive Advertiser
The Harlingen Consolidated Independent School District hereafter (HCISD) is soliciting proposals (RFP) to sell carbonated soft drinks, juices and
water on HCISD premises. The successful vendor will be one offering the most comprehensive solution including but not limited to the following:
furnish new or newly reconditioned dispensing machines including any and all maintenance, provide a varied and popular selection of popular
drinks; provide for a full service program; and, provide a profitable monetary benefit to the HCISD. As part of the agreement, HCISD is looking for
a distributor to hold exclusive advertising rights that would include marketing opportunities including, but not limited to, HCISD’s athletic events,
child nutrition program and health and wellness program. HCISD shall reserve the right to negotiate with any and all proposers, retain the right to
reject any and all offers, and award the contract HCISD believes to be in its best interest. Proposers shall designate a contract person authorized to
enter into a binding contract. HCISD will consider multi-year contracts not to exceed five (5) years.
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Background Information:
HCISD is comprised of the following sites. Enrollments are stated on the attached exhibit, labeled “Enrollment”.
Seventeen (17) Elementary campuses
Five (5) Middle school campuses
Four (4) High School campuses
One High School and one Elementary Alternative Education campuses
Seven Administrative and Support Centers
HCISD employs approximately 1,220 teachers, 627 support personnel, and 776 trades personnel.
The proposals will detail a monetary consideration to HCISD. The resulting contract shall provide for but not limited to the following.
Soft Drink Sales:
1) Exclusive rights to sell product at HCISDs campuses, offices, Athletic Sports Complex, and related events.
2) Establish selling price, profit margins, and provide for volume discount as applicable.
3) Provide a local contract person to facilitate and coordinate its program throughout HCISD. Such person shall have delegated authority
to remedy problematic issues.
4) Provide modern self-service machines with audit (counter), and bill change capabilities. The number of machines and placement
locations to be by mutual agreement. HCISD will reserve the right to a final decision for placements.
5) Operate and maintain the equipment in good condition and respond to service calls on a timely manner. All costs for operating and
maintaining the equipment will be at the vendor’s expense.
6) Provide detailed monthly audit procedures including beginning and ending meter reading, gross sales including commissions and
allowances paid. Commissions to be pain on a monthly basis.
5 Harlingen CISD - RFP Soft Drink, Juice, Water
7) Allow for HCISD to maintain water coolers, coffee service and non-drink vending services (owned and hired).
8) The resulting contract will not preclude or infringe the sale of drink products required by law or formalities of another process,
specifically food Service operations of HCISD.
9) Provide pricing for products other than drink products, i.e., cups, napkins and other products proposer believes to be necessary.
Advertising Rights:
1) Exclusive rights for a beverage distributor to advertise on the scoreboards at our high school and middle school athletic facilities.
2) Exclusive rights for a beverage distributor to marketing opportunities within our child nutrition and health and wellness programs.
The resulting contract will provide exclusivity to the successful proposer for the sale, advertising, and placement of dispensing machines, but will not
prohibit the advertisement(s) of other business(s) not in the direct competition with the successful proposer.
Proposer will agree to defend, indemnify and hold HCISD harmless from and against all claims, suits, and liability costs and expenses including
reasonable attorneys’ fees, for any injury, damage or loss to persons, including death, whether they be third persons employees of either parties
hereto, or any injury, damage or loss of property arising out of its performance of this agreement or claims associated in any way with the purchase,
use or operation of the equipment and/or products sold within the equipment by the proposer or third parties during the term of agreement.
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Insurance Requirements
Vendor shall maintain insurance as outlined below. A “certificate of Insurance” shall be furnished within 10 days after the award of the contract to
HCISD’s Business Office before any contract or work is started. The vendor will furnish to same copies of any endorsements or amendment that is
subsequently issued amending coverage or limits. These certificates shall contain provision that coverage afforded under the policies will not be
canceled until at least 30 days prior written notice has been given to the owner.
In the event that the following minimum limits should be found to be less that the damages suffered, the vendor shall be liable for the difference
between the loss incurred and the limits of coverage. The vendor is encouraged to carry insurance coverage greater than the minimum stipulated, if
the contractor needs such protection.
Vendor agrees to provide and maintain Workman’s Compensation Insurance as required and in compliance with the laws of the State of Texas.
Workman’s Compensation
$1,000,000
Employer’s Liability
$1,000,000
Comprehensive General Liability, including Independent Contractor’s Liability, Contractual Liability, Completed Operations and Products Liability,
and Personal Injury, all on the occurrence basis; include Personal Injury Coverage, Owner’s Indemnity and Broad form of Property Damage without
the “XCU” exclusions; and maintain operations Liable for at least one year after the date of final acceptance of the work, as evidenced by final
payment.
A. Bodily and Personal Injury:
Each Person
$500,000
Each Occurrence
$500,000
B. Property Damage:
Each Occurrence
$100,000
Aggregate
$500,000
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Comprehensive Automobile Liability, including non-owned vehicle and hired Coverage as well as owned vehicle coverage:
A. Bodily Damage:
Each Person
$100,000
Each Occurrence
$500,000
B. Property Damage:
Each Occurrence
$100,000
Vendor shall agree to provide and maintain such insurance to provide protection from contingent public liability for damage for bodily injuries,
including death, which may arise from operations under this contract.
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, or handicapping condition.
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Proposal Submission
Sealed proposal must be submitted to the following:
Antonio Garcia, Jr. C.P.M.
407 N. 77 Sunshine Strip
Harlingen, Texas 78550
The sealed proposals must be submitted on or before 2:00 P.M. October 23, 2012. Any and all questions regarding the above referenced proposals are
to be addressed to Mr. Antonio Garcia, Jr. C.P.M. HCISD’s Director of Purchasing, at (956) 430-9740.
Submit one (1) original and two (2) copies of the proposal. The proposals are to be sealed.
All areas addressed in this proposal should be answered completely by the vendor. Consideration will be given to the adequacy, accuracy and
completeness of responses. The proposal response may be incorporated into any contract, which results from this RFP. Vendors are cautioned not to
make claims or statements to which they are not prepared to commit contractually. Failure by the vendor to meet such claims will result in a
requirement that the vendor provide resources necessary to meet submitted claims.
Harlingen CISD will not be liable for any costs incurred by the vendor in preparing a response to this RFP. HCISD makes no guarantee that any
services will be acquired as a result of this Request for Proposal, and reserves the right to reject any and all proposals. All proposals and their
accompanying documents will become the property of HCISD. All proposals will be open to negotiation.
All documents will be held by HCISD and are not subject to public review until an award is made. Under the Request for Proposal process, sealed
offers will be received and opened. At and after opening, proposals will not be part of the public record and subject to disclosure, but will be kept
confidential until time of award. When such award is completed, proposals will be available for public inspection, including those portions marked
confidential and/or proprietary.
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NON-COLLUSION SIGNATURE PAGE
The undersigned affirms that he/she is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared
this proposal in collusion with any other offer or, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been
communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business, or to any individual affiliated with
Harlingen Consolidated Independent School District prior to the official opening of this proposal.
Signature below acknowledges compliance with NON-COLLUSION STATEMENT
COMPANY ____________________________________________________
ADDRESS _____________________________________________________
CITY, STATE, ZIP CODE _________________________________________
AREA CODE/TELEPHONE________________________________________
AREA CODE/FAX________________________________________________
E-MAIL ADDRESS________________________________________________
________________________________
SIGNATURE
_____________________________
TITLE
THIS FORM MUST BE SIGNED AND INCLUDED WITH SUBMITTAL OF PROPOSALS
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CERTIFICATE OF RESIDENCY
The State of Texas has passed a new law concerning non-resident bidders. This law can be found in the Texas Education Code under Chapter 2252, Subchapter
A. This law makes it necessary for the-MRPP-to-determine-the-residency-of-its-bidders..In-part,-this-law-reads-as-follows:
Section 2252.001: Subchapter (3): "Non-resident Bidder" refers to a person who is not a resident. Subchapter (4): "Resident Bidder" refers to a person, whose
principal place of business is in this state, including a Bidder or Contractor whose ultimate parent company or majority owner has its principal place of
business in this state.
Section 2252.002: "A governmental entity may not award a governmental contract to a non resident bidder unless the nonresident bidder underbids the
lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidde r would be required to
underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresidents principal place of business is located."
I certify that
(Name of Bidding Company)
Is, under Section 2252.001 (30 and (4), a Please check one: ______Resident Bidder
_______ Non-Resident Bidder
My/our principal place of business under Section 2252.001 (3) and (4), is in the city of in __________________the state of_________________
(a) Does your "Resident State" require bidders whose principal place of business is in Texas to underbid bidders whose residence state is the same as
yours by a prescribed amount or percentage to receive a comparable contract? ________Yes _______No
(b) If yes, what is amount of the percentage?_________ _____ %
___________________________________
Signature of Authorized Company Official
__________________________________
Printed Name of Official
________________________
Date
__________________________
Title/Position of Company Offici al
THIS FORM MUST BE SIGNED AND INCLUDED WITH SUBMITTAL OF PROPOSALS
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FELONY CONVICTION NOTIFICATION, DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
SIGNATURE PAGE (THIS NOTICE IS NOT REQUIRED OF A PUBLICLY HELD CORPORATION)
I. FELONY CONVICTION NOTIFICATION
State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, 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 or 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 for
services performed before the termination of the contract.
II.
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
(a)
In accordance with the provisions of Appendix A to 49 CFR (Code of Federal Regulations), Part 29, the offeror certifies to the best of the offeror’s
knowledge and belief, that it and its principals:
(1)
are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by
any Federal, State or Local Government department or agency;
(2)
have not within a three (3) year period preceding this offer been convicted of or had a civil judgment rendered against them for the
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes, or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3)
are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local with commission
of any of the offenses enumerated in (a)(2) above; and
(4)
have not within a three (3) year period preceding this offer had one or more public transactions (Federal, State, or local) terminated for
cause or default.
Where the offeror is unable to certify to any of the statements above, the offeror shall attach a full explanation to this offer.
For any subcontract at any tier expected to equal or exceed $25,000:
(1)
In accordance with the provisions of Appendix B to 49 CFR, Part 29, the prospective lower tier subcontractor certifies, by submission of
this offer, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2)
Where the prospective lower tier participant is unable to certify to the statement, above, an explanation shall be attached to the offer.
(3)
This certification (specified in paragraphs (c) (1) and (c) (2), above), shall be included in all applicable subcontracts and a copy kept on
file by the prime contractor. The prime contractor shall be required to furnish copies of the certifications to the Authority upon request.
(b)
(c)
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Signature below acknowledges compliance with Section I. FELONY CONVICTION NOTIFICATION and Section II. DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION.
COMPANY ____________________________________________________
ADDRESS _____________________________________________________
CITY, STATE, ZIP CODE _________________________________________
AREA CODE/TELEPHONE________________________________________
AREA CODE/FAX________________________________________________
E-MAIL ADDRESS________________________________________________
________________________________
SIGNATURE
_____________________________
TITLE
THIS FORM MUST BE SIGNED AND INCLUDED WITH SUBMITTAL OF PROPOSALS –
UNLESS FIRM IS A PUBLICLY HELD CORPORATION
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CRIMINAL BACKGROUND CHECK
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. District shall be the final decider of what constitutes a “location where students are regularly present.” Offeror’s violation of this section shall
constitute a substantial failure.
If the Offeror is the person, owner or operator of the business entity, that individual may not self-certify 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 CRIMINAL BACKGROUND CHECK
COMPANY ____________________________________________________
ADDRESS _____________________________________________________
CITY, STATE, ZIP CODE _________________________________________
AREA CODE/TELEPHONE________________________________________
AREA CODE/FAX________________________________________________
E-MAIL ADDRESS________________________________________________
________________________________
SIGNATURE
_____________________________
TITLE
THIS FORM MUST BE SIGNED AND INCLUDED WITH SUBMITTAL OF PROPOSALS
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PROPOSAL SIGNATURE PAGE
I,
, have read all of the specifications and general bid requirements and do
(Print/Type Name of Company Officer)
herby certify that all items submitted meet all specifications, conditions, and instructions of said bid. The signature below confirms that our company will enter
into a binding contract with Harlingen Consolidated Independent School District for item(s) awarded to our company having read the standard terms and
conditions.
Does your bid apply to corporate wide locations and/or an individual store locations? ______________________________________
If individual store location applies please specify specific store location contact information below.
COMPANY ____________________________________________________
ADDRESS _____________________________________________________
CITY, STATE, ZIP CODE _________________________________________
AREA CODE/TELEPHONE________________________________________
AREA CODE/FAX________________________________________________
E-MAIL ADDRESS________________________________________________
________________________________
SIGNATURE
_____________________________
TITLE
THIS FORM MUST BE SIGNED AND INCLUDED WITH SUBMITTAL OF PROPOSALS.
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THE FOLLOWING CONFLICT OF INTEREST FORM MUST BE INCLUDED WITH PROPOSAL SUBMITTAL TO QUALIFY.
HARLINGEN CONSOLIDATED INDEPENDENT SCHOOL DISTRICT – PURCHASING DEPARTMENT
Notice to Vendors:
Conflict of Interest Questionnaire Required by Chapter 176 of the Texas Local Government CodeEffective January 1, 2006, any person or
entity who contracts or seeks to contract with HCISD for the sale or purchase of property, goods, or services (as well as agents of such
persons) (hereafter referred to as Vendors) are required to file a Conflict of Interest Questionnaire with the District. Each covered person
or entity who seeks to or who contracts with HCISD is responsible for complying with any applicable disclosure requirements. HCISD
will post the completed questionnaires on its website.
The Conflict of Interest Questionnaire must be filed:
· No later than the seventh business day after the date that the Vendor begins contract discussions or negotiations with the government entity, or submits to the
entity an application, response to a request for proposal or bid, correspondence, or other writing related to a potential agreement with the entity.
· The Vendor also shall file an updated questionnaire not later than September 1 of each year in which a covered transaction is pending, and the seventh
business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate.
Note: A Vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the year.
The
Conflict
of
Interest
Questionnaire
may
be
downloaded
from
the
Texas
Ethics
Commission’s
website
at
http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm.
Completed forms should be sent to:
Harlingen Consolidated Independent School District
Attn: Purchasing Department
407 N. 77 Sunshine Strip
Harlingen, Texas 78550
The Local Government Officers of the Harlingen Consolidated Independent School District are:
Board of Trustees:
Cesar Maldonado – President
George McShan - Vice President
Javier De Leon – Secretary
Gerry Fleuriet- Member
Nolan Perez - Member
Greg Powers - Member
Verna Young- Member
Superintendent:
Dr. Steve Flores
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17 Harlingen CISD - RFP Soft Drink, Juice, Water
Evaluation Process
An evaluation committee consisting of respective administrative personnel will examine all proposals.
Proposals that do not conform to the instructions given or which do not address all the questions and/or services specified may be eliminated from
consideration. HCISD reserves the right to accept such a proposal if it is determined to be in HCISD’s best interest to do so.
Only HCISD may initiate discussions with vendors after the proposals have been received and opened. Proposal additions or modifications will be
accepted during this review period but only from vendors who respond to the original request.
Presentations, if requested by the Evaluation Committee will be limited to a specified time period and should address the vendor’s solution(s) and
expertise. Proposals and/or vendor presentations will develop into negotiating sessions with the successful vendor as selected by the evaluation
committee. If HCISD is unable to agree to contract terms, HCISD reserves the right to terminate contract negotiations with that vendor.
HCISD’s Director of Purchasing shall coordinate all presentations and/or meetings between HCISD and the vendors. All correspondence, written
and/or verbal shall be through HCISD’s Purchasing Director.
Submission of a proposal implied the vendor’s acceptance of the evaluation criteria and vendor acknowledgement that subjective judgments must be
made by the evaluating committee.
Each insurance policy to be furnished by successful proposer shall include, by endorsements to the policy, a statement that a notice shall be given to
HCISD by certified mail thirty (30) days prior to cancellation or upon any materials change in coverage.
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Evaluating Criteria
Award shall be made to the vendor whose proposal is best determined to be:
The best offer resulting from proposal submitted and negotiations and compliance with instructions set out in the RFP.
Other detail and qualities of the services proposed which best meets the needs of HCISD
The vendor’s demonstrated ability to:
o
Provide the required services
o
Respond to HCISD’s needs on a timely basis
o
Comply with HCISD’s documentation requests and policies
o
Verification of references, HCISD may use references to make judgments directly affecting the award of this proposal.
o
Inspection of equipment and services as requested, offer straightforward and reasonable price commission and other factors set forth
in this RFP.
o
Serve as a valuable partner in marketing and advertising in HCISD’s facilities.
o
Only vendors who have proven experience with school districts of like size and requirements will be considered.
The evaluation committee will consider the adequacy and completeness of responses. While HCISD appreciates a brief straightforward concise
reply, the vendor must fully understand that the evaluation is based on the information provided. Accuracy and completeness are essential.
Omission, ambiguous or equivocal statements may be construed against the vendor.
Questions regarding this proposal may be addressed to:
Antonio Gracia, Jr. – Director of Purchasing
Phone: 956-430-9740
Fax:
956-430-9796
Email: antonio.gracia@hcisd.org
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INSTRUCTIONS TO PROPOSER
Completed Proposal documents must be received in the Purchasing Department of the Harlingen Consolidated Independent School DistrictPurchasing Department, 407 N. 77 Sunshine Strip, Harlingen, Texas 78550 on or before 2:00 P.M. October 23, 2012.
LATE PROPOSALS will be returned to the proposer unopened. PLEASE MARK FRONT OF SEALED ENVELOPE “SOFT DRINK
PROPOSAL”, INCLUDE OPENING DATE AND TIME AS INDICATED.
Proposals may be withdrawn at any time prior to the due date and time. Alterations to
Any and all original documents made prior to opening time must be initialed guaranteeing authenticity. After the official opening, proposals may not
be amended, altered, or withdrawn.
Please note the attached terms, conditions, or specifications to this solicitation. Proposals are to be submitted in narrative format with clear and
concise responses in accordance with specifications contained within the RFP. HCISD reserves the right to accept or reject in part or in whole any
and all proposals submitted, to waive any technicality, and to award the proposal to the most responsible offer submitted.
HCISD will reserve the right to apply any and all criteria or procedures necessary in the evaluation process to all submittals, including, but not
limited to, requesting samples or on-site demonstrations of any and all products submitted. Expenses incurred for said samples and/or demonstrations
will be at no cost to HCISD.
THE PROPOSAL MUST BE SIGNED AND EXECUTED BY A PERSON DULY AUTHORIZED TO LEGALLY BIND SAID COMPANY TO
ALY AND ALL SPECIFICATIONS EXPRESSED AND IMPLIED AND GOVERNED BY UCC CODE. FAILURE TO SIGN FORM WILL
RESULT IN REJECTION OF PROPOSAL IN ITS ENTIRETY.
20 Harlingen CISD - RFP Soft Drink, Juice, Water
Acknowledgment of receipt
REQUEST FOR STATEMENT OF PROPOSAL FOR SOFT DRINK, JUICE AND WATER # SDJW1012



I have reviewed the Harlingen Consolidated Independent School District Request for Proposal (RFP) and will respond to the RFP by October 23, 2012.
I will not be able to respond to the Harlingen Consolidated Independent School District RFP by October 23, 2012 due to the reason(s) described below.
Further information (described below) is required by HCISD in order to complete the Harlingen Consolidated Independent School District RFP.
Description of reason for declining to quote and/or description of information required to complete the RFP:
Name:
Title:
Company Name:
Address:
City, State, Zip:
Email address (REQUIRED):
Phone:
Fax:
Please return (Acknowledgement only) as soon as possible via fax to receive addenda if applicable:
Antonio Gracia, Jr., Director of Purchasing
Harlingen Consolidated Independent School District
Fax Number (956) 430-9796