Contract Details: # 390-M3

Number 390-M3
Description Food, Perishable - Sandwiches, Deli, Ready-Made
Category Managed
Type Term
Start Date 10/27/2014
End Date 8/31/2019
Purchase Category Code(Agencies Only) PCC C
Optional Renewal Terms No remaining renewals.
Purchase Orders Customers will issue an internal purchase order that references this CPA Contract Number and current item description(s) and pricing as stated on this contract. The Contractor will not ship any products or provide related services until receipt of a Purchase Order generated by the State Agency, Higher Education or Cooperative member.
NIGP Code(s) 390-71
CPA Contract Management Questions regarding contract management issues, price changes, amendments or other post-award concerns should be directed to:

SPD Contract Management Office (SCMO)

Texas Comptroller of Public Accounts (CPA)

Phone: (512) 463-3034 option 3

Contract Items and Pricing

390-M3 Price Sheet (xls)

Customer Responsibilities:

a. Coordinate delivery and delivery schedules with the Contractor

b. Provide equipment to assist with off load of merchandisers, if needed

c. Site preparations; including all electrical connections as required

d. Keep detailed inventory and documentation of merchandisers once received by the warehouse, including serial numbers, date of installation and location of all equipment

e. Responsible for the maintenance and up-keep to include the cost of replacement parts

f. Notification to the contractor for replacement of merchandisers

g. Installation and re-location of merchandisers

h. Responsible for the cost of any damage to merchandisers that results from the installation, removal, relocation, abuse and/or negligence by TDCJ personnel which will be mutually agreed upon.

i. Shall keep the merchandiser interior and exteriors in clean sanitary condition at all times

Contractor Requirements for Refrigerated Merchandisers

The Contractor shall be responsible for providing refrigerated merchandisers at no additional cost to the customer.

a. Merchandisers shall meet the following standards:

1. New or *Used and used units must be in immaculate condition

2. Capacity Minimum: 250 sandwiches b. Supply all components for the merchandisers to be set in place and operational c. Replacement of Merchandisers: 1. Contractor will be responsible for the replacement of any merchandiser that remains chronically out-of-order 2. The pickup of out-of-order units and delivery of the replacements will be conducted at the location coordinated by the customer and the Contractor

Nutritional Information/Compliance

CPA may request at any time, on any product, nutrient analysis information based on laboratory testing from a certified lab. Where applicable, the Contractor must be prepared to supply the nutrient analysis per grams or per serving for the item bid. Failure to provide this information within 30 days from date of request may result in cancellation. Nutritional information is to include all nutrients identified by the United States Department of Agriculture (USDA) for evaluation of meals served under the National School Lunch and School Breakfast program according to the School Meals Initiative.

Specifications for Sandwiches

The following applies to all sandwich types:

1. The bread shall contain as the primary ingredient, by weight, enriched or whole grain flour or meal

2. Wedge shaped

3. Shelf Life for Sandwiches:

Fresh: Minimum 30 Days

Frozen: Minimum Six (6) months

Deli Sandwich: Turkey and Cheese

a. Size: 4.2 ounce

b. Bread Type: Wheat, unbleached whole wheat flour

c. Meat Type: Turkey breast, white meat

d. Cheese Type: Pasteurized Processed American

Deli Sandwich, Ham and Cheese

a. Size: 4.6 ounce

b. Bread Type: White, unbleached wheat flour

c. Meat Type: Smoked Ham

d. Cheese Type: Pasteurized Processed American Cheese

Sandwich Packaging Requirements

a. The delivered sandwiches must be in first class condition, including containers suitable for shipment and storage.

b. Sandwiches must be delivered at a temperature between 35° and 40° Fahrenheit Sandwiches delivered outside of this range may be rejected and will be returned at the contractors expense

c. Shall be individually packaged

d. Packages shall be dated or code dated to identify date made and date of expiration or best if used by date. Should this code change, the Contractor shall furnish the updated information to the Customer.

e. Contractor shall provide reimbursement or replacement of any sandwich not lasting until the expiration or best if used by date.

f. UPC bar codes are required on individual packages and on the cases for receiving purposes

g. Case Quantity Minimum: 10 sandwiches per case

Warranty Details Sandwiches ordered shall be delivered under acceptable standard sanitary conditions, in the correct quantity, at the required temperatures and free from damage.

Any sandwich that is rejected upon receipt by the Customer due to spoilage, damage, i.e. torn, crushed or otherwise exposed to the elements or damaged in any manner to include but not limited to broken cases or unusable products shall be replaced by the Contractor at no additional charge at the next available delivery. The Customer will immediately notify the Respondent of receipt of spoiled products and the quantity. All rejected and/or returned sandwiches shall be picked up by the Contractor at time of replacement or they will be discarded by the Customer, at no cost to the Customer.

If replacement is not made within 30 days, the amount for the rejected products will be deducted from the Contractor’s next invoice. Customers shall have the option of accepting either replacement sandwiches or credit in exchange for rejected sandwiches.

Any spoiled sandwich shall be picked up and replaced by the Contractor within 48 hours or as soon as practical.
Adding New Products to the Contract Additional products or services of the same general category that are not already on the contract may be added by submitting an Open Market Requisition to the Statewide Contract Development section at .
Delivery Delays by Contractor If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all times of status of order.

Default in promised Delivery Days After Receipt of Order (ARO) without accepted reasons or failure to meet specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor.

Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the contractor, as applicable, from the State’s Centralized Master Bidders List (CMBL).
Compliant Products by Contractor Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the specifications to Customer’s F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery.

Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made.
Purchase Order Cancellation The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be no fees charged for cancellation of an item and/or order prior to shipment by the Contractor. A Purchase Order Change Notice should be processed and sent to Contractor.
Restocking Fee for Returned Products he Customer may request that a Contractor accept return of products already delivered. If the return is required through no fault of the Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not exceed 10%.
Substitutions During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written confirmation from the CPA Contract Manager of the substitution before making delivery.
Contractor Performance Statewide Procurement Division (SPD), administers a vendor performance program for use by all customers per Texas Government Code (TGC), §2262.055, and 34 Texas Administrative Code (TAC), §20.108. The Vendor Performance relies on the customer's participation in gathering information on vendor performance. State agency customers shall report vendor performance on purchases of$25,000 or more from contracts administered by CPA, or any other purchase of $25,000 or more made through delegated authority granted by CPA (TAC 20.108), or purchases exempt from CPA procurement rules and procedures. State agencies are additionally encouraged to report vendor performance on purchases under $25,000.

Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM.

The purpose of the Vendor Performance Tracking System is to:

• Identify vendors that have exceptional performance

• Aid purchasers in making a best value determination based on vendor past performance

• Protect the state from vendors with unethical business practices

• Provide performance scores in four measurable categories for the CMBL vendors

• Track vendor performance for delegated and exempt purchases

Contractor Information

VID: 14108786030

Contractor: E.A. Sween Company dba Deli Express

Contact Name: Peter Garcia


Phone: (361) 215-2524

Alternate Contact Name: Lori Bekkum, Customer Service/Purchase Orders

Alternate Email:

Alternate Phone: (800) 328-8184

Address: 16101 West 78th Street, Eden Prairie, MN 55344