Port Arthur
Purchasing Department
Request for Proposal
RFP #19-2015 Exclusive Soft Drink Contract
Section 1
1.0 General
1.1 Port Arthur Independent School District (PAISD) is soliciting proposals from major soft drink
vendor. The intent of PAISD is to award this proposal to an exclusive vendor. The Port Arthur
Independent School District will also make purchases through the Region V Education Service Center
for Child Nutrition. The PAISD is interested in non-alcoholic, carbonated and non-carbonated
beverages, bottled water, tea, juice and isotopic products to the district.
1.2 The district will award the proposal as exclusive and award to the company providing the best
overall proposal based on commissions and full service operations.
1.3 This proposal is soliciting monthly commissions and incentives to the individual schools, and
departments for their individual activity funds.
Section 2 – Terms and Conditions
2.1 The term of this agreement will be mutually agreed upon. All existing facilities including
campuses, Maintenance, Transportation, Auxiliary buildings, and Athletic Facilities will be included
in the proposal for an exclusive soft drink contract which includes all products purchased through the
athletic concession stands. In addition, any new facilities completed during the term of the agreement
will be automatically included.
2.2 Agreement can be canceled by the PAISD for non-performance by the soft drink vendor.
2.3 Proposal will include full service operations, with commissions and prices to remain
competitive throughout the term of the agreement.
2.4 Length of Contract: All responses to the RFP shall be awarded for a three (3) year period
between the district and the provider starting September 1, 2015 with a one (3) three year extension
renewal based on the long-range needs of the District and mutual consent of both parties not to exceed
six (6) year’s total.
2.5 PAISD will also purchase drinks from the Region V Education Service Center Cooperative for
Child Nutrition.
2.6 Should PAISD use the full service option, vendors authorized representatives shall be granted
reasonable access to facilities where its vending machines are located for maintenance, service, or
removal of such equipment.
2.7 Vendor may not assign or transfer this agreement nor its rights and privileges granted under this
agreement, either in whole or part, without written consent of PAISD.
2.8 PAISD reserves the right to accept or reject all or any part of any proposal, waive minor
technicalities, and award the proposal to serve the best interest of the PAISD.
2.9 All items and service must conform to all appropriate local, state, and federal laws, ordinances and
regulations.
2.10 In evaluating qualified proposals, the following considerations will be taken into account for
award recommendations: overall quality and value to the district, suitability for the intended purpose,
vendor’s service and delivery capabilities, overall price and commissions, and service history.
2.11 PAISD reserves the right to cancel this agreement without pecuniary risk or penalty upon written
notice of the intent. The board reserves the right to cancel this agreement upon written notice of the
intent.
2.12 If at any time the vendor fails to fulfill or abide by the terms, conditions, or specifications of this
agreed upon, PAISD reserves the right to cancel upon thirty days written notifications of the intent.
2.13 This contract is in full compliance with current and any future amendments to the Texas Public
School Nutrition Policy, which includes but is not limited to the following:
1. Carbonated beverages cannot be sold/served to students (grades pK-12) during the
school day (from the start of breakfast until the end of the last scheduled class).
2. The limit of beverages (other than milk) sold/served to students during the school day is
as follows: 6fl. Oz. (grades pK-5) and 12 fl. Oz. (grades 6-12) these beverages must
not contain more than 30g total sugar per 8 fl. Oz. Juices must be 100% fruit and/or
vegetable juice. No limit on non-carbonated, unflavored water. Electrolyte
replacement beverages (sports drinks) are not allowed (grades pK-5).
PAISD reserves the right to purchase all foods/beverages/supplies on the active bid through the
Region 5 Food Service Purchasing Cooperative.
2.14 Vendor must remove light bulb and ballast on drink machines due to energy conservation.
2.15 ADDENDUM: In the event that any changes to this Bid Document occur subsequent to the
mailing or other delivery of the original Bid Document, the changes or corrections to this Bid
Invitation will be made by addendum. It is your responsibility to obtain any addenda that
pertains to this bid.
We are no longer mailing the specifications or addenda.
Section 3 – Insurance
3.1 Vendor shall provide evidence of liability insurance with their proposal. PAISD retains the
right of approval for insurance coverage.
3.2 Copies of the successful contractor’s liability insurance and workman’s compensation certificates
will be required.
Insurance Requirement Limits:
A. General Liability
General Aggregate
$1,000,000
Products-Comp/or Agg
$1,000,000
Commercial General Liability
Personal & Adv. Injury
$1,000,000
Claims Made Occur.
Each Occurrence
$1,000,000
Owner’s Contractor’s Prot.
Fire Damage (Any one fire)
$50,000
Med. Expense (any one person)
$5,000
B. Automobile Liability
Combined Single Limit
$1,000,000
Any Auto
Bodily Injury
All Owned Autos
(Per Person)
Scheduled Autos
Bodily Injury
Hired Autos
(Per Accident)
Non-owned Autos
Property Damage
Garage Liability
C. Umbrella from-Excess
Liability
State the limits that your
Company carries
D. Worker’s Compensation
And Employer’s Liability
Statutory
Each Accident
$500,000
Disease Policy Limit
$500,000
Disease Each Employee
3.3 The insurance requirements as listed above also apply to any subcontractor in the event that any
work is sublet. The contractor is responsible to insure that the subcontractor meets the minimum
insurance requirement limits as by law.
3.3.1 Should any of the above described policies be canceled before the expiration date, the issuing
company will mail thirty (30) days written notice to the certificate holder, PAISD.
3.3.2 The contractor shall agree to waive all right of subrogation against the district, its officials,
employees and volunteers for losses arising from work performed by contractor for the district.
3.3.3 Vendor shall indemnify and hold harmless the PAISD and its Board of Trustees, officers,
agents, employees from all suites, actions, losses, damages, claims or liability of any character, type,
or description, including but not limited to all expenses of litigation, court cost, penalties, and
attorney’s fees the PAISD incurs defending any action, suite, or claim form any source whatsoever and
of any kind or nature arising directly or indirectly on the part of vendor, its agents, servants,
employees, contractors, and supplies, out of the operation under this agreement.
3.3.4 The select vendor or vendors will be required to supply an insurance certificate naming PAISD
as an additional insured.
**YOU ARE REQUIRED TO SUBMIT A CERTIFICATE OF INSURANCE FOR THE
ABOVE INSURANCE REQUIREMENTS WITH YOUR BID. **
**ITEMS 2, 3, 4, 5, 6, 7, 8, 9 and 10 SHALL BE REQUIRED OF THE SUCCESSFUL
VENDOR OR VENDORS.
Section 4 - Non-Collusive Bidding Certificate
NON-COLLUSIVE BIDDING CERTIFICATE
By submission of this proposal, the bidder certifies that:
a) This bid or proposal has been independently arrived at without collusion with another
bidder or with any competitor;
b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed,
prior to the opening of bids, or proposals for this project, to any other bidder, competitor or
potential competitor;
c) No attempt has been or will be made to induce any other person, partnership or corporation
to submit or not to submit a proposal;
d) The person signing this bid or proposal certifies that he has fully informed himself
regarding the accuracy of the statements contained in this certification, and under the penalties
being applicable to the bidder as well as to the person signing in its behalf.
e) THE FAILURE TO SIGN THIS CERTIFICATE MAY BE CAUSE FOR YOUR BID
TO BE REJECTED.
___________________________________
Company Name
___________________________________
Authorized Signature
___________________________________
Title
Section 5 - Criminal Notification
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 advanced 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 only 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 a conviction. The district
must compensate the person or business entity for services performed before the termination of the contract.”
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 following information furnished is
true 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 nor operated by anyone who has been convicted of a felony:
Signature of Company Official: ________________________________
C.
My firm is owned or operated by the following individual(s) who has/have been convicted of a
felony:
Name of Felon(s):____________________________________________
Details of Conviction(s):________________________________________
___________________________________________________________
Signature of Company Official: ________________________________
Section 6
Port Arthur Independent School District
District Wide Soft Drink Proposal
Estimated Vending Machine Income
From Soft Drink Sales
The following figures are estimated total commissions received from the sale of vending
beverages: (each campus has a teachers lounge with one machine)
Campus
Estimated Yearly
No. of
Income Full Service
machines
Administration Bldg
81 staff
$
Adams Elementary
53 staff
$
717 students
DeQueen Elementary
44 staff
$
373 students
Dowling Elementary
42 staff
$
345 students
Jefferson Middle
95 staff
$
987 students
Sam Houston Elementary
73 staff
$
711 Students
Memorial High School
153 staff
$
1538 students
Port Arthur Alternative
Campus
19 staff
Lee Elementary
71 staff
$
764 students
Lincoln Middle
74 staff
$
694 students
$
Campus
Estimated Yearly
Income Full Service
Memorial 9th Grade
61 staff
$
593 students
Maintenance Dept.
Stilwell Technical
Center
46 staff
Transportation
82 - 150 staff $
Travis Elementary
58 staff
$
642 students
Tyrrell Elementary
60 staff
$
812 students
Washington
46 staff
$
436 students
Wheatley
76 staff
$
429 students
Media Center
13 staff
No. of
machines
$
38 staff
$
Grade 11-12
$
6.1 What percent of total sales do you think is profit to the bottling company? _________
Section 7 – Commission Rates
7.0 Commission rates and vending prices are requested on the following:
Commission rates:
Vending Prices:
Can-Carbonated drinks_________________ _____________________
Can-Non-carbonated drinks_____________ _____________________
20 oz – Plastic bottles carbonated________ _____________________
20 oz – Plastic bottles nonCarbonated water ____________________ _____________________
Exclusivity Incentive Payments (in addition to commissions outlined above)
Scholarships
Each annual payment__________
Total Scholarship Payments________________
Drink Donations
Dollar value of each annual donation_________
Total donation dollar value_______________
Score Board Advertisement
Dollar value of each annual donation_________
Total donation dollar value_______________
Additional Campus Incentives or Promotional Goods
(List Individually with approximate annual value)
1. _________________________________
2. _________________________________
3. __________________________________
4. __________________________________
5. __________________________________
Section 8
8.0
How many 20 oz. vending machines do you expect to have at each location? ____
8.1
It is requested that an escalation clause for consumption be included, which would allow the
commission rates to change if there is more than 50% usage of plastic, over aluminum cans for
vending machines.
8.2
Once the acceptance of a proposal has been awarded, how long will it take to get the machines
installed at each campus and department? ___________________________
8.3
At the time of acceptance of the proposal, what type of advertising would you like to see
within each of the locations? ___________________________________________
8.4
The contract vending companies must furnish nationally-accepted quality products at agreed
upon vending prices and commissions.
8.5
Name: ____________________________________________________________
Address: __________________________________________________________
Phone: ______________________ Signature: ____________________________
Section 9 – Suspension and Debarment Certification Form
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or
making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are
suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in
excess of $25,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients).
Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that their
organization and its principals are not suspended or debarred by a federal agency.
Before an award of $25,000 or more can be made by your firm, you must certify that your organization and its
principals are not suspended or debarred by a federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or
debarred by a federal agency:
VENDOR’S NAME:
________________________________________________________________________
Signature of Company Official:
________________________________________________________________________
Date Signed: ___________________________________
Printed name of company official signing above:
Section 10 – Conflict of Interest Questionnaire
**
The local government includes board members, administrators or any employees who are in a
decision- making position to influence the services/products provided to the district. **
Section 11 Proposal Preparation Instructions:
11.0
General
In order to facilitate time evaluation of proposals, a standard format for proposal
submission must be used by vendors which are described below. EACH ITEM MUST
BE ADDRESSED IN THE VENDOR’S PROPOSAL OR THE PROPOSAL MAY BE
JUDGED NON-RESPONSIVE TO THE PROPOSALS.
Please include the name, title, address, and telephone number of the contact person for
questions on your proposal.
11.1 Transmittal Letter
The Vendor shall submit a formal transmittal letter on the vendors’ official letterhead that
contains the following:
11.1.1 Briefly summarize the vendor’s ability to perform the services and supply the
products which meet the requirements of this proposal. The letter should also contain a
statement indicating the vendor’s willingness to perform the work contained in the
proposal and abide by the terms and conditions set forth in the proposal.
11.1.2 Proposal Life
A statement must be included which indicates the length of time during which PAISD
may rely on all proposal commitments. This time is required to be not less than one
hundred and twenty (120) calendar days from the due date for proposals.
11.1.3 Signature of Authorized Representative
The transmittal letter must be signed by a person authorized to commit the organization
to its representations. Such person’s authority to so act must be consistent with the
information continued in the Business Proposal.
11.1.4 Table of Contents
Vendor should provide a detailed table of proposed contents by section, subsection, etc.
consistent with the proposal format sections.
11.2 Business Proposal
11.2.1 General
This section of the Business Proposal may be used to introduce or summarize any
information the vendor deems relevant or important to PAISD’s successful acquisition of
the services and products described in the proposal.
11.2.2 Vendor Company Structure
The legal form of the vendor’s business organization, the state in which incorporated (if a
corporation), and the types of business ventures in which the organization in involved.
11.2.3 References
The section must include a list of at least three (3) clients to whom the vendor is
providing vending machine service. The name, address, and telephone number of a
person who may be contacted for further information must be included. It is highly
desirable that some of these references be other school districts or public sector accounts
comparable in size.
11.2.4 Authorizing Document
Vendor personnel signing the transmittal letter of its proposal must be legally authorized
by the organization to commit the organization. This section shall contain proof of such
authority. A copy of corporate bylaws or a corporate resolution adopted by the board of
directors indicating this authority will fulfill this requirement.
11.2.5 Non-Collusion Affidavit
The authorized person signing the transmittal letter must sign a non-collusion affidavit.
A fully executed copy of the required affidavit is contained in Section 4. The original
signed and notarized affidavit is to be included in this section of the proposal.
11.2.6 Felony Conviction Notification
The authorized person must sign a felony conviction notification. A fully executed copy
of the required affidavit is contained in Section 5. The original signed affidavit is to be
included in the proposal in order for the proposal to be considered.
11.2.7 Suspension & Debarment Certification
The authorized person must sign a suspension & debarment certification. A fully
executed copy of the required affidavit is contained in Section 9. The original signed
affidavit is to be included in the proposal in order for the proposal to be considered.
11.2.7 Conflict Of Interest
The authorized person must sign a conflict of interest affidavit. A fully executed copy of
the required affidavit can be downloaded at:
http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm.
The original signed affidavit is to be included in the proposal in order for the
proposal to be considered.
11.3 Proposed Method of Providing Services
11.3.1 The overview must consist of a summary of the services proposed by the vendor
in response to the proposal. The overview must provide PAISD with a general level of
knowledge of the services to be provided and the methods to be used by the vendor in
implementing them.
11.3.2 Detailed Description of Deliverables
The vendor’s response to the vending prices and commission rates constitutes the
description of the deliverable services. The response must indicate the manner in which
the proposed deliverables will fulfill the requirements of the specifications. As detailed
an explanation a possible must be included.
11.3.3 Description of Personnel
A detailed description of the key personnel (resumes are preferred) responsible for the
initial installation and service, as well as ongoing customer support services (such as
moves, adds, and changes) is requested. Each person’s description must include a title as
the person relates to the implementation of service and identify their project
responsibilities.
11.4 Submission of Proposals
All proposals must be received at the address below by PAISD Purchasing
Department no later than July 22, 2015 at 2:00 p.m. Two copies of the proposal shall
be delivered to PAISD on or before the due date. The proposal must follow the format
indicated in this section. Unnecessarily elaborate proposals beyond that sufficient to
present a complete effective responsive proposal are not desired. Repetition reference to
a catalog, or brochure, which is not relevant to the questions posed in this proposal, may
be considered non-responsible. All proposals must be addressed to:
Port Arthur Independent School District
Purchasing Department
4801 9th Avenue
Port Arthur, TX 77642
All proposals must be clearly marked RFP #19-2015 EXCLUSIVE SOFT DRINK
CONTRACT-DUE DATE July 22, 2015 AT 2:00 P.M.
No proposal that is received by PAISD after the due date and time will be considered for
award. Any late proposals will be returned unopened to the vendor upon request only.
11.5 Inquires About the Request for Proposals
All inquiries and requests for information affecting this proposal must be submitted in
writing or email to the PAISD Purchasing Department to jescobedo@paisd.org by July
15, 2015 at 4:00 p.m. PAISD reserves the right to determine whether questions merit
response. Questions and answers will be shared with all prospective vendors who
received a copy of the proposal and will be posted to website www.paisd.org Bid
Opportunities under Amendments/Addendums.
No negotiations, decisions, or actions shall be initiated by any vendor or as a result of any
verbal discussion with any PAISD employee.
11.6 Post-Proposal Conference
If questions arise as to the content of the proposal during evaluation, PAISD may request
a conference with any or all vendors. Such conferences will not be for vendor
presentation, but rather to allow PAISD to ask questions regarding proposal content.
11.7 Withdrawal of Offers
Responses to the proposal may be withdrawn by written notice received prior to the due
date and time specified for receipt of the proposal.
11.8 Confidential Information
Vendors to the proposal are advised that materials contained in their proposals are subject
to the Public Information Act and may be viewed and/or copied by any member of the
public, including news agencies and competitors.
11.9 Life of the Proposal
All proposals made in response to this proposal must remain open and in effect for a
period of not less than one hundred and twenty (120) calendar days after the due date for
proposals. Any proposal selected by PAISD for negotiations shall remain open and in
effect beyond one hundred and twenty (120) calendar days until superseded by a fully
executed contract or until PAISD notifies the vendor in writing that contract negotiations
have ended and the proposal has been rejected.
11.10 Best and Final Offers
11.10.1 PAISD reserves the right to conduct discussions, either oral or written, with those
vendors determined by PAISD to be reasonably susceptible to being selected for award.
If discussions are held, PAISD may request best and final offers.
11.10.2 A request for best and final offers shall include;
11.10.2.1 Notice that discussions are concluded;
11.10.2.2 Notice that this is the opportunity to submit written best and final offers;
11.10.2.3 A common cut-off date and time for submission of the best and final offers;
11.10.2.4 Notice that if any modification is submitted, it must be received by the cut-off
time or it will not be considered;
11.10.2.5 Notice of any changes in PAISD’s requirements;
11.10.2.6 PAISD reserves the right to reject any or all proposals received, or to award a
contract on the basis of initial offers received without discussions or clarifications.
Therefore, the proposal should contain the vendor’s best price and technical response
based on the proposal. PAISD reserves the right to re-open discussions after receipt of
best and final offers if it is clearly in PAISD’s best interest to do so, and the Assistant
Superintendent for Business and Finance makes a written determination of that fact. If
discussions are re-opened, PAISD will issue and additional request for best and final
offers from all vendors determined by PAISD to be reasonably susceptible to being
selected for award.
11.10.2.7 Following an evaluation of the best and final offers, PAISD will select for
negotiations the offer that is most advantageous to PAISD, considering price or cost and
the evaluation factors in the proposal.
11.10.2.8 PAISD also reserves the right to conduct clarifications to resolve minor issues.
If only clarifications are sought, best and final offers will not be requested. PAISD
retains sole discretion to determine whether contact with the vendors is for clarification
or discussion.
11.11 Agreement Components
Any or all portions of this proposal and all portions of the vendor’s proposal shall be
incorporated by reference as part of the final agreement.
11.12 PAISD Obligations
PAISD accepts no obligations for costs incurred by vendors responding to this proposal
or the award. PAISD reserves the right to select a proposal without discussion with the
vendors. It is understood that proposals shall become part of PAISD’s official files.
Retention of these proposals does not obligate PAISD to any action. PAISD reserves the
right to reject any and all proposals received.
11.13 Taxes
PAISD is exempt from state, federal, and local taxes, and will not be responsible for any
taxes levied on the contractor resulting from this proposal.
11.14 Equal Opportunity
It is the public policy of PAISD, at all levels of procurement, to promote equal
opportunity in employment and in contracting opportunities, and to promote and
encourage the participation of minority, small and other disadvantaged business entities
in employment and contracting opportunities involving the State as fully as possible.
PAISD, therefore, is committed to pursue such avenues in its employment and
contracting activities which will further the goals of this policy.
Similarly, a demonstrated commitment consistent with the goals of this policy by those
with whom the PAISD does business, including those vendors responding to the
solicitation, is highly desirable by PAISD.
PURCHASING DEPARTMENT
Notice to Vendors:
Conflict of Interest Questionnaire Required by Chapter 176 of
the Texas Local Government Code
Effective January 1, 2006, any person or entity who contracts or seeks to contract with
PAISD 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 PAISD is responsible for complying with any applicable disclosure
requirements.
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 RFP or bid, correspondence, or other writing related to a
potential agreement with the entity.
·
The Vendor also shall file an updated questionnaire no 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:
Port Arthur Independent School District
Attn: Purchasing Department
P.O. Box 1388
Port Arthur, TX 77641
The Local Government Officers of the Port Arthur Independent School District are:
Board of Trustees:
Thomas J. Kinlaw III, President
Robert Reid, Vice President
Kenneth W. Lofton, Sr., Secretary
Tracy Thomas, Trustee
Debra Ambroise, Trustee
Brandon Bartie, Trustee
Joseph L. Guillory II, Trustee
Superintendent:
Dr. Mark Porterie
Others:
The local government officers include any administrator who works for
the district or any employee who is in a decision-making position to
influence the services/products provided to the district.
Port Arthur
Independent School District
Purchasing Department
Notice to Bidders
The Port Arthur Independent School District will receive competitive sealed proposals
for RFP #19-2015 Exclusive Soft Drink Contract at the Port Arthur ISD Purchasing
Department, 4801 9th Avenue, Port Arthur, Texas 77642, on Wednesday, July 22, 2015 at
2:00 p.m., at which time proposals will be opened publicly and read aloud.
Information and specifications are available in the Purchasing Department, 4801 9th
Avenue, Port Arthur, Texas 77642, (409) 989-6264 or by email at jescobedo@paisd.org
The District reserves the right to reject any or all proposals or any part of a proposal or to
accept any proposal or part of a proposal deemed advantageous to the District and to
waive any or all informalities.
Return the attached proposal in a sealed envelope plainly marked:
Sealed Proposal for: RFP #19-2015 Exclusive Soft Drink Contract
Date and Time of Opening: Wednesday, July 22, 2015 at 2:00 p.m.