1-Bid 051426 Paper Product for Student Nutrition Services.pdf

Rochester Public Schools | Bid #051426 | Paper Products Supply Student Nutrition Services

ROCHESTER PUBLIC SCHOOLS

Student Nutrition Services

INVITATION FOR BID

PAPER PRODUCTS SUPPLY

For Student Nutrition Services

Bid Number: IFB #051426 Issue Date: April 13, 2026 Bid Deadline: May 14, 2026 at 11:00 AM (CST) Board Approval: June 2, 2026 Contract Period:

Renewal Option:

July 1, 2026 – June 30, 2027 Three (3) Additional One-Year Renewal Option: July 1, 2027 – June 30, 2030

Submission Method: Electronic via Bonfire eProcurement Platform

Rochester Public Schools | Rochester, Minnesota

Questions: Submit via Bonfire Public Q&A | Bonfire Platform: rochesterschools.bonfirehub.com https://rochesterschools.bonfirehub.com/projects

TABLE OF CONTENTS

I. INTRODUCTION AND OVERVIEW

A. Bid Timeline B. Submission Instructions C. Bid Opening

II. INSTRUCTIONS TO BIDDERS

A. Eligibility and Responsibility B. Examination of Bid Documents C. Questions and Clarifications D. Addenda E. Bid Withdrawal F. Late Bids G. Cost of Bid Preparation

III. SCOPE OF WORK AND SPECIFICATIONS

A. Program Overview B. Product Categories and Specifications C. General Product Requirements D. Buy American Provision E. Product Quality and Substitution Policy F. Delivery Requirements

IV. BID SUBMISSION REQUIREMENTS

A. Bid Pricing Requirements B. Required Submission Documents C. Price Verification D. Product Sampling

V. EVALUATION AND AWARD CRITERIA

A. Selection Process and Cost/Price Analysis B. Responsiveness Determination C. Responsibility Determination D. Award and Notification

VI. CONTRACT TERMS AND CONDITIONS

A. Contract Duration B. Price Stability and Adjustments C. Payment Terms D. Audit Rights and Record Retention E. Taxes F. Delivery Failures and Remedies G. Contract Cancellation and Termination H. Contractual Remedies

I. General Conditions J. Insurance Requirements K. Indemnification L. Governing Law M. Force Majeure N. Conflict of Interest O. Confidentiality

VII. FEDERAL REQUIREMENTS AND REQUIRED CLAUSES

A. Equal Employment Opportunity (EEO) B. Affirmative Steps to Include Small and Minority Businesses C. Davis-Bacon Act D. Rights to Inventions E. Clean Air Act and Federal Water Pollution Control Act F. Debarment and Suspension Certification G. Lobbying Certification H. Contract Work Hours and Safety Standards Act I. Recovered Materials J. Assurance of Civil Rights Compliance K. Independent Price Determination L. Non-Collusion Statement

VIII. BID PROTEST PROCEDURES

A. Right to Protest B. Protest Filing Requirements C. Protest Resolution

IX. CONCLUSION AND CONTACT INFORMATION

A. Bid Submission Reminders B. Bid Opening and Evaluation C. Contact Information

I. INTRODUCTION AND OVERVIEW

Rochester Public Schools (the “District”) is soliciting sealed bids from qualified vendors to provide disposable paper products for the Student Nutrition Services (SNS) program. The awarded contractor shall furnish high-quality products for delivery to multiple District locations within Rochester, Minnesota.

This procurement is conducted in accordance with all applicable federal, state, and local requirements, including but not limited to Minnesota Statutes § 471.345, 2 CFR Part 200, 7 CFR Part 210, and the Minnesota Department of Education (MDE) Procurement Handbook.

This document constitutes a formal Invitation for Bid (IFB). The contract will be awarded to the lowest responsive and responsible bidder whose bid conforms to all material terms, conditions, and specifications set forth herein.

Failure to comply with the requirements of this IFB may result in rejection of the bid.

The District will conduct this procurement in a manner that promotes full and open competition in accordance with 2 CFR 200.319. Competition shall not be restricted through unreasonable requirements, unnecessary experience or qualification criteria, or the use of brand-name specifications without allowing “or equal” products. All vendors shall be afforded an equal opportunity to compete.

A. Bid Timeline This IFB has been publicly advertised in the Post-Bulletin (Rochester, MN) for a minimum of once per week for two consecutive weeks. The District has also directly contacted a minimum of two known vendors in this market.

All vendors who register on the Bonfire platform will receive automatic notifications of any addenda issued.

EVENT DATE / TIME

IFB Release Date April 13, 2026

Public Advertisement (2 consecutive weeks) April 11 - 25, 2026

Questions / Clarifications Due April 23, 2026 at 4:00 PM (CST)

Addenda Issued (if needed) May 1, 2026

Bid Submission Deadline May 14, 2026 at 11:00 AM (CST)

Public Bid Opening (Virtual) May 14, 2026 at 11:00 AM (CST)

Board Approval June 2, 2026

Contract Start Date July 1, 2026

B. Submission Instructions All bids must be submitted electronically through the Rochester Public Schools Bonfire eProcurement Platform:

Bonfire Platform: https://rochesterschools.bonfirehub.com/projects

• Physical submissions, emailed proposals, or faxed documents will NOT be accepted under any circumstances.

• Vendors must create a free account on the Bonfire platform to upload and submit bid documents.

• Detailed instructions for using Bonfire are available on the platform homepage under the "Support" or

"Vendor Help" section.

• It is the sole responsibility of the vendor to ensure all required documents are uploaded successfully and received by the District prior to the submission deadline.

https://rochesterschools.bonfirehub.com/projects

• The Bonfire system will automatically close and prevent uploads once the deadline has passed.

• Vendors are strongly encouraged to submit bids well in advance of the stated deadline to avoid last-minute technical issues.

Technical difficulties: If you encounter technical issues while submitting through Bonfire, contact Bonfire Support at support.bonfire@eunasolutions.com as soon as possible.

C. Bid Opening A public virtual bid opening will be held on May 14, 2026 at 11:00 AM (CST). The District reserves the right to accept or reject any or all bids, to waive any informality or irregularity in any bid, and to accept the bid deemed most advantageous to the District in accordance with applicable law.

Video call link: https://meet.google.com/nph-chey-nbe

For phone dial-in access dial: 9320-775-(US) +1 609 PIN: 480 874 916#

Additional phone numbers and the meeting PIN are available at: https://tel.meet/nph-chey-nbe?pin=5747229929711

II. INSTRUCTIONS TO BIDDERS

A. Eligibility and Responsibility To be considered eligible, bidders must:

• Be a legally organized business entity authorized to conduct business in the State of Minnesota.

• Possess all required licenses, permits, and certifications applicable to the supply of food service paper products.

• Not be presently debarred, suspended, or otherwise excluded from participation in federal or state programs (see Debarment Certification in Section VII.F).

• Demonstrate financial stability and sufficient capacity to fulfill all contract requirements for the full contract term.

B. Examination of Bid Documents Vendors are expected to carefully examine the entire IFB, including all appendices and any addenda issued.

Submission of a bid constitutes acknowledgment that the vendor has read and understood all requirements. No allowance will be made for failure to examine any part of this document.

C. Questions and Clarifications All inquiries regarding this IFB must be submitted in writing through the Public Q&A section of the Bonfire eProcurement platform by April 23, 2026 at 4:00 PM (CST). Questions submitted through any other method will not be accepted. Responses to all inquiries will be published on the Bonfire platform and distributed to all registered vendors. It is the sole responsibility of each vendor to monitor the Bonfire platform for updates, clarifications, and addenda.

D. Addenda The District reserves the right to modify or clarify this IFB by issuing written addenda at any time prior to the bid deadline. All addenda will be made available via the Bonfire platform. Vendors are responsible for checking for any updates prior to submitting their bids. Any addendum issued shall become part of the IFB and the resulting contract.

E. Bid Withdrawal https://tel.meet/nph-chey-nbe?pin=5747229929711 https://tel.meet/nph-chey-nbe?pin=5747229929711

A vendor may withdraw its bid at any time prior to the bid submission deadline by submitting a written request via the Bonfire platform. Bids may not be withdrawn after the submission deadline. No vendor shall be relieved of its bid without the consent of the District after bids have been publicly opened.

F. Late Bids Bids received after the specified deadline will not be considered under any circumstances and will be rejected without review. The District assumes no responsibility for delays caused by electronic transmission failures, Bonfire platform issues, or any other technical difficulties.

G. Cost of Bid Preparation The District is not responsible for any costs incurred by vendors in preparing or submitting their bids. All costs associated with bid preparation are the sole responsibility of the vendor.

III. SCOPE OF WORK AND SPECIFICATIONS

A. Program Overview Rochester Public Schools Student Nutrition Services (SNS) operates school meal programs at multiple building locations within Rochester, MN. The District requires a reliable sole-source vendor to supply disposable paper products on a weekly or as-needed basis for the full contract term: an initial two-year term from July 1, 2026 through June 30, 2027, with three (3) optional one -year renewal periods, for a maximum total contract term of four (4) years per Minn. Stat. § 123B.52, Subd. 1.

Rochester Public Schools encourages participation from small businesses, minority-owned businesses, women-owned businesses, and local vendors. However, in accordance with 2 CFR 200.319(b), the District will not apply geographic preferences in the evaluation of bids. All awards will be made strictly in accordance with the evaluation criteria set forth in this IFB.

B. Product Categories and Specifications Vendors must provide paper products as specified in the bid pricing table. The following product categories are included:

• Disposable serving trays and containers

• Paper food containers and boats

• Napkins and plasticware

• Disposable gloves

• Other related paper products as outlined in the detailed bid pricing table

C. General Product Requirements All products supplied under this contract must meet the following specifications:

• All products must be new, unused, and first-quality materials in good condition without damage or contamination.

• Products must comply with all applicable FDA and food safety regulations for food-contact materials.

• Vendors must maintain sufficient stock of all listed items throughout the entire contract term to avoid backorders or substitutions.

• No minimum order requirements will be accepted for any items under this contract.

• Any brand names referenced in specifications are for descriptive purposes only and establish a standard of quality. Equivalent products meeting or exceeding specifications may be proposed in accordance with the alternate product approval process.

D. Buy American Provision Regulatory basis: The District participates in the National School Lunch Program (NSLP) and is subject to Buy American requirements in accordance with 7 CFR 210.21(d).

Applicability: The Buy American provision applies to the procurement of food and agricultural products used in the NSLP. This solicitation is primarily for non-food items (paper products), and therefore Buy American requirements are not expected to apply to the items listed in this bid.

Requirement: To the extent that any product supplied under this contract is subject to Buy American requirements, the vendor shall comply with 7 CFR 210.21(d).

• Exceptions: Exceptions to the Buy American requirement may be permitted only when:

o (a) the product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality; or o (b) competitive bids reveal the cost of a domestic product is significantly higher than that of a non-domestic product.

The District reserves the right to request documentation supporting any exception.

E. Product Quality and Substitution Policy Pre-Bid Alternate Product Approval Process To promote full and open competition, the District requires a pre-bid approval process for any proposed alternate or equivalent products. Vendors proposing alternates in place of specified items must comply with the following requirements:

Submission Requirements:

1. Complete Appendix C — Alternate Product Request Form in its entirety.

2. Submit the completed form via the Bonfire Messages (private message) tab no later than April 23, 2026 at 4:00 PM CST.

3. Await written approval from the District, which will be issued via formal addendum.

4. Only alternates approved by addendum may be included in the vendor’s bid response.

Submission Instructions:

Vendors must log into the Bonfire platform, access this solicitation, and use the “Messages” tab to submit a private message to the District. This communication method is confidential and will not be visible to other vendors during the solicitation period.

Required Documentation:

Each Alternate Product Request Form must include:

• The applicable line item number and specified product

• Proposed alternate product details (brand, manufacturer, item number, and full description)

• Manufacturer’s specifications or product data sheet demonstrating equivalency or superiority

• Authorized vendor signature and company identification

Evaluation and Approval:

The District’s School Nutrition Services (SNS) team will evaluate all submitted requests. Approved alternates will be issued via addendum on the Bonfire platform prior to the bid due date to ensure equal access for all vendors.

The District’s determination shall be final.

Alternate products not approved through this process will be considered non-responsive for the applicable line item.

Samples (if requested):

The District reserves the right to request product samples for evaluation. Samples must be provided within three

(3) business days of request, at no cost to the District. Failure to provide requested samples within the required timeframe may result in rejection of the alternate request.

Recordkeeping:

All alternate product determinations will be documented and retained in the District’s official procurement file.

Contract-Period Substitution Policy The following provisions govern product substitutions that arise during the contract term due to availability issues, discontinuation, or other circumstances:

• Contract-period substitutions require prior written approval from the District before shipment. The vendor must notify the SNS Manager-Angie Wuerflein at least 24 hours prior to shipment by calling 507-328-4282.

• Substituted products must be of equal or higher quality and provided at the same or lower price.

• The vendor is responsible for adjusting case size in the event of a substitution.

• The District reserves the right to evaluate the quality of any proposed alternative before acceptance.

F. Delivery Requirements Deliveries must be made to all designated school locations within Rochester, MN on a weekly or as-needed basis.

Vendors must guarantee sufficient stock of all listed items throughout the contract term.

Delivery schedule: Deliveries must occur between 6:00 AM and 1:00 PM on Monday-Friday.

Delivery terms: All bid prices must be quoted F.O.B. Destination (freight prepaid and allowed) to each designated school location within Rochester, MN. Title and risk of loss transfer to the District only upon successful delivery and acceptance at the destination. The bid price is fully inclusive of all costs associated with delivery, including but not limited to freight, fuel, cartage, packing, packaging materials, handling, unloading, and inside delivery.

No additional charges: The District will not pay any surcharges, fuel surcharges, accessorial charges, or fees of any kind beyond the unit prices submitted in this bid. Absolutely no additional delivery charges above the bid pricing will be allowed.

Vendor responsibilities: The vendor is responsible for all aspects of transportation, including managing shortages, back orders, errors in quantities or qualities, damages in transit, and all negotiations with freight carriers. In the event of a shortage or back order, the vendor shall notify the District's SNS Manager -Angie Wuerflein within 24 hours of becoming aware of the shortage, provide an estimated delivery date, and deliver the item within 48 hours of its availability.

Acceptance of materials: The District will accept no responsibility for any items until such time as the materials are delivered, checked, and deemed completely acceptable for use.

IV. BID SUBMISSION REQUIREMENTS

A. Bid Pricing Requirements Vendors are invited to submit pricing for the initial one-year contract term (July 1, 2026 through June 30, 2027).

Pricing shall remain firm for the entire initial term unless otherwise specified herein.

• Be submitted using a prime vendor approach — the awarded vendor will be the exclusive supplier of paper products to SNS during the contract term and must be capable of supplying all items listed in Appendix A.

• Be fixed for the full one-year contract term (July 1, 2026 through June 30, 2027), contingent on Board approval. Any price adjustments during renewal periods shall not exceed the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Food Away From Home, Midwest Region, for the most recent 12-month period available, unless otherwise restricted by MDE.

• Be inclusive of ALL costs including freight, delivery, packaging, and handling.

• Reflect the specified pack sizes in Appendix A. Minor deviations in pack size may be considered at the

District's sole discretion, provided the pricing structure remains equivalent. Proposed variations must be noted in the "Notes" column of the bid table.

• Be submitted via the Bonfire platform pricing table, entering brand name, case price, and flat fee price for each line item.

"Cost" defined: The distributor's invoice from the supplier, including any inbound freight, less customer allowances and any other off-invoice credits. Items not included in the original bid may be priced during the contract term using the fixed fee add-on method.

Pricing methodology restriction: Methods allowing “cost plus a percentage of cost” or any pricing structure where the contractor’s fee varies as a function of cost are expressly prohibited under 2 CFR 200.323(d) and are not permitted under this IFB or any renewal period.

Pricing completeness: Bidders must provide unit pricing for all items listed in the bid pricing table (Appendix A).

The District reserves the right to waive minor irregularities involving a small number of unpriced items, provided such omissions do not materially affect the bidder’s ability to meet prime vendor requirements or impact the overall evaluation of the bid.

Bidders that fail to price items representing a substantial portion of the District’s anticipated usage, or that otherwise demonstrate an inability to fulfill the requirements of a prime vendor, will be deemed non-responsive.

B. Required Submission Documents To be considered responsive, vendors must submit all of the following through the Bonfire platform:

1. Completed Bid Pricing Table (Appendix A) Fully completed pricing sheet submitted via Bonfire, reflecting all applicable costs including delivery, packaging, and handling. No minimum order requirements may be specified.

2. Vendor Certification and Acknowledgment Form (Appendix B) A single signed form consolidating all required certifications. By signing, the vendor certifies that it: (a) has reviewed and agrees to all terms and conditions of this IFB and is authorized to submit on behalf of the company;

(b) is not presently debarred, suspended, or otherwise excluded from participation in federal or state programs under Executive Order 12549; (c) has not paid and will not pay any federal funds to any person for influencing or attempting to influence an officer or employee of any federal agency in connection with the award of this contract (31 U.S.C. 1352); (d) has arrived at all bid prices independently, without consultation or agreement with any other vendor or competitor, and has not disclosed prices prior to bid opening; (e) will comply with all applicable federal civil rights laws.

C. Price Verification As part of the bid review process, the District may verify the accuracy of vendor costs as follows:

• Prior to making an award, the apparent low bidder may be required to submit copies of manufacturer or supplier invoices for a selected week during the school year to document and confirm base prices.

• If invoices cannot be provided because the product is not currently stocked, a letter from the manufacturer confirming the base price may be acceptable.

• The District may audit select invoices to ensure that vendor base prices do not exceed the invoiced costs.

• All pricing must be firm, fixed, and all-inclusive. Any attempt to introduce surcharges, escalation mechanisms, or fees not explicitly allowed under this IFB may result in bid rejection or contract termination.

• The District reserves the right to conduct post-award audits at any time to verify pricing compliance. Failure to provide requested documentation within five (5) business days may be considered a material breach.

D. Product Sampling The District reserves the right to request product samples from the apparent low bidder prior to award, or from the awarded vendor at any point during the contract term, to verify that products conform to specifications. Samples must be provided within five (5) business days of the request and at no cost to the District. The District reserves the right to reject any product that does not meet specifications based on sample review, which may result in disqualification prior to award or substitution requirements during the contract term.

V. EVALUATION AND AWARD CRITERIA

A. Selection Process and Cost/Price Analysis Prior to issuing this solicitation, the District conducted a price analysis to establish a reasonable estimated contract value. A cost or price analysis will also be performed in connection with the evaluation of bids, in accordance with 2 CFR 200.324.

This procurement is conducted as a formal Invitation for Bid (IFB). In accordance with the MDE Procurement Handbook and Minnesota Statute § 471.345, the contract shall be awarded to the lowest responsive and responsible bidder whose bid conforms to all specifications and requirements outlined in this IFB. Award is based solely on price. The award will be executed in writing and is subject to approval by the school board.

The District reserves the right to: (a) reject any or all bids in accordance with applicable law; (b) waive minor informalities or irregularities that do not affect price, quality, or provide a competitive advantage; and (c) award the contract on an all-or-none basis to a single prime vendor.

B. Responsiveness Determination A bid will be considered responsive only if it meets all of the following threshold requirements. Bids failing any of these requirements will be disqualified without further evaluation:

• Submitted by the deadline via the Bonfire eProcurement platform.

• Includes a completed Bid Pricing Table (Appendix A) with pricing for all required line items.

• Includes a signed Vendor Certification and Acknowledgment Form (Appendix B).

• Proposes only specified products or alternates pre-approved by addendum.

• Prices reflect F.O.B. Destination with no additional surcharges.

C. Responsibility Determination Prior to award, the District will evaluate the apparent low bidder to determine responsibility in accordance with applicable federal and state requirements. Responsibility determinations may include, but are not limited to, verification that the vendor:

• Is not debarred, suspended, or otherwise excluded from participation in federally funded programs;

• Has adequate financial resources and supply chain capacity to perform the contract;

• Has a satisfactory record of integrity and business ethics; and

• Has a satisfactory performance record, including no history of recent contract terminations for cause by a public agency.

The District reserves the right to request additional documentation from the apparent low bidder to support this determination. Failure to provide requested information may result in the bidder being deemed non-responsible.

D. Award and Notification The contract will be awarded to the lowest priced responsive and responsible bidder. Following award, the District may engage in discussions with the successful bidder for the purpose of clarifying administrative and implementation details (e.g., delivery schedules, ordering/invoicing procedures, or required documentation), provided that such discussions do not result in any change to pricing, scope, or material terms of the contract.

Bidders will be notified of the award following Board approval, expected June 2, 2026. The District will formalize the award by issuing a Purchase Order to the successful bidder, which shall serve as the contract instrument for this procurement. The Purchase Order, together with this IFB and the successful bidder’s response, shall constitute the complete contract between the parties.

The Purchase Order will be issued prior to the contract start date of July 1, 2026. If the optional renewal period is exercised by the District, a new Purchase Order will be issued.

VI. CONTRACT TERMS AND CONDITIONS

A. Contract Duration This contract shall be for an initial one (1) year term commencing July 1, 2026 through June 30, 2027, with three

(3) optional one-year renewal periods through June 30, 2030, subject to mutual agreement, satisfactory vendor performance, Board approval, and a CPI-based price adjustment mechanism as specified herein. The total contract term shall not exceed four (4) years per Minn. Stat. § 123B.52, Subd. 1. Rochester Public Schools will purchase all paper products from the awarded prime vendor during the contract term, subject to the District's right to cancel per Section VI.G.

The optional renewal period must be exercised in writing by the District no later than sixty (60) days prior to the expiration of the initial two-year term. The renewal option is not automatic and is exercisable solely at the District's discretion, contingent upon: (a) satisfactory vendor performance during the initial term; (b) Board of Education approval; and (c) agreement that any price adjustments during renewal periods shall not exceed the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Food Away From Home, Midwest Region, for the most recent 12-month period available, unless otherwise restricted by MDE. If there is a material change to the scope of the contract (such as a significant increase in meals, addition of sites, or change in child nutrition programs), the District will determine whether a new procurement is required in accordance with 2 CFR Part 200.

B. Price Stability and Adjustments All prices are firm and fixed for the initial term. No fuel surcharges, delivery charges, or any other additional fees above the bid pricing will be allowed during the initial term.

For the optional renewal periods, any price adjustments during renewal periods shall not exceed the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Food Away From Home, Midwest Region, for the most recent 12-month period available, unless otherwise restricted by MDE.

Under no circumstances shall any pricing methodology use a cost-plus-a-percentage-of-cost or cost-plus-a-percentage-of-income approach. These methods are expressly prohibited under 2 CFR 200.323(d).

C. Payment Terms Payment will be made within 35 days of receipt of goods and an approved invoice, per Minnesota Statutes §

471.425. Invoices must include the IFB number, item descriptions, quantities, and agreed unit prices. The District is exempt from federal excise and Minnesota state sales taxes; vendor invoices must not include these taxes.

Invoices must include:

• Purchase Order number

• Delivery location

• Itemized line detail matching bid pricing

• Date of delivery

Non-compliant invoices may delay payment.

D. Audit Rights and Record Retention During the term of the contract, the District shall have the right, upon reasonable notice and at reasonable times, to audit the vendor’s records to verify compliance with contract terms, including pricing, delivery, and performance. The vendor agrees to make all books, records, invoices, bills of lading, and other documents related to the contract available to the District for review. If an audit reveals any overcharges to the District, the vendor shall issue a credit within two (2) weeks of notification.

In accordance with 2 CFR 200.334, the vendor must maintain all required records for a minimum of three (3) years after final payment under the contract and the resolution of any pending audits. This includes all financial records, supporting documents, statistical records, and any other records pertinent to this contract.

In accordance with 2 CFR 200.336, the District, the Minnesota Department of Education (MDE), the United States Department of Agriculture (USDA), the Comptroller General of the United States, and their authorized representatives shall have access to any books, documents, papers, and records of the contractor that are directly pertinent to this contract for the purpose of audits, examinations, excerpts, and transcriptions.

E. Taxes Rochester Public Schools is exempt from federal excise taxes and Minnesota state sales taxes. Bid prices must not include these taxes. The vendor shall be responsible for any and all taxes applicable to its own business operations.

F. Delivery Failures and Remedies Vendors failing to meet established delivery requirements may be subject to corrective action, including but not limited to replacement of products, expedited delivery at no additional cost to the District, or reimbursement for reasonable costs incurred by the District to secure substitute products.

The District reserves the right to procure products from an alternate source in the event of delivery failure, and to charge the vendor for any resulting cost difference.

Remedies will not be imposed if delays are due to causes beyond the reasonable control of the vendor, including but not limited to: (a) any preference, priority, or allocation order issued by a federal or state authority; or (b) Acts of God, strikes, embargoes, labor disputes, or other force majeure events.

The vendor must notify the District in writing within forty-eight (48) hours of any anticipated delay and provide an expected resolution timeframe.

G. Contract Cancellation and Termination Termination for default/poor performance: The District reserves the right to terminate the contract upon thirty

(30) days’ written notice to the vendor due to unacceptable products, service failures, or documented performance deficiencies. The District may also terminate the contract for cause with immediate effect in the event of material breach, fraud, or misrepresentation.

Termination for convenience: The District reserves the right to terminate this contract in whole or in part for its convenience upon thirty (30) days’ written notice to the vendor. Upon receipt of such notice, the vendor shall immediately cease work to the extent specified. The District shall pay the vendor for all goods delivered and accepted prior to the termination date. No further compensation shall be owed beyond amounts due for compliant deliveries accepted prior to the termination effective date.

No automatic renewal: Each renewal option must be affirmatively exercised in writing by the District. The vendor has no expectation of renewal beyond the then-current contract term.

H. Contractual Remedies The District reserves the right to pursue all administrative, contractual, and legal remedies, and to seek all sanctions and penalties as appropriate in the event of vendor non-performance or breach of contract terms. The successful vendor must comply with all applicable federal, state, and local laws and regulations, including those pertaining to labor, taxes, and environmental standards.

I. General Conditions

• Reservations/Annulments: The District reserves the right to reject any or all bids and to cancel any contract for failure of the vendor to perform.

• Contract development: The contract shall consist of the Purchase Order, this IFB, and the successful vendor’s response, all of which are incorporated by reference.

• Right to negotiate: Following award, the District may engage in discussions with the successful vendor for the purpose of clarifying administrative and implementation details, provided such discussions do not alter price or fundamental scope.

J. Insurance Requirements The awarded vendor shall, at its own expense, procure and maintain insurance for the duration of the contract with coverage limits not less than the following:

• Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate

• Automobile Liability: $1,000,000 combined single limit

• Workers’ Compensation: Statutory limits

• Employer’s Liability: $500,000

The vendor shall provide a Certificate of Insurance upon award and prior to contract start. Rochester Public Schools shall be named as an additional insured on the General Liability policy.

Failure to maintain required insurance shall constitute a material breach of contract.

K. Indemnification The vendor agrees to indemnify, defend, and hold harmless Rochester Public Schools, its Board, employees, and agents from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of the contract, provided that such claim is attributable to bodily injury, sickness, disease, death, or damage to property caused in whole or in part by the negligent acts or omissions of the vendor.

L. Governing Law This contract shall be governed by the laws of the State of Minnesota. Any legal action arising under this contract shall be venue in a court of competent jurisdiction in Olmsted County, Minnesota.

M. Force Majeure Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, supply chain disruptions, pandemics, governmental orders, or natural disasters.

The vendor must:

• Notify the District in writing within 48 hours

• Provide documentation of the event

• Provide a recovery plan and timeline

Force majeure shall not excuse pricing obligations or allow surcharges.

N. Conflict of Interest The vendor certifies that no employee, officer, or agent of the District has a financial or personal interest in the vendor’s business. Any potential conflict must be disclosed in writing prior to award.

O. Confidentiality The vendor agrees to protect any confidential or sensitive information obtained through this contract and shall not disclose such information without prior written consent, unless required by law.

VII. FEDERAL REQUIREMENTS AND REQUIRED CLAUSES

The following clauses are required under 2 CFR Part 200 Appendix II, applicable federal statutes, and the MDE Procurement Handbook for formal procurements. These provisions are incorporated as material terms of the resulting contract.

A. Equal Employment Opportunity (EEO) During the performance of this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or veteran status. The contractor will take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to these characteristics. (Executive Order 11246, as amended; 41 CFR 60-1.4)

B. Affirmative Steps to Include Small and Minority Businesses Per 2 CFR 200.321, the District and vendor must take affirmative steps to include, whenever possible, small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms as sources for supplies and services. The vendor agrees to document and demonstrate its affirmative efforts in this regard.

C. Davis-Bacon Act For contracts that include construction, alteration, or repair of public buildings or public works in excess of $2,000, all laborers and mechanics employed or working upon the site of work will be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor. (40 U.S.C. 3141- 3148)

D. Rights to Inventions If any invention, improvement, or discovery is made or conceived during the performance of a contract, and the federal government has a substantial involvement in the subject matter of the contract, patent rights shall be governed in accordance with 37 CFR Part 401 and the applicable terms of any contract with the federal government relating to such inventions.

E. Clean Air Act and Federal Water Pollution Control Act Contracts in excess of $150,000 must contain a provision that requires the contractor to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (2 CFR 200 Appendix

II(G))

F. Debarment and Suspension Certification This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 417. The vendor certifies that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction. The vendor also certifies that it will not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. (Executive Order 12549; 2 CFR Part 180)

G. Lobbying Certification As required by Section 1352, Title 31 of the U.S. Code, for contracts that exceed $100,000, the vendor certifies that: (1) no federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with the awarding of this contract; and (2) if any funds other than federal appropriated funds have been paid or will be paid to any person for these purposes, the vendor shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying." (31 U.S.C. 1352)

H. Contract Work Hours and Safety Standards Act For contracts in excess of $100,000 that involve the employment of laborers or mechanics, the contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), including overtime compensation requirements. Contracts must contain provisions to include sanctions for violations.

I. Recovered Materials The vendor agrees to comply with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements include procuring only items designated in guidelines of the EPA at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. (2 CFR 200 Appendix II(J))

J. Assurance of Civil Rights Compliance The vendor agrees to comply with all applicable federal civil rights laws and their implementing regulations, including: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).

The vendor will not discriminate in the provision of services or employment on the basis of race, color, national origin, sex, age, or disability.

K. Independent Price Determination By submitting a bid, the vendor certifies that: (1) the prices in this bid have been arrived at independently, without any consultation, communication, or agreement with any other bidder or competitor relating to those prices, the intention to submit a bid, or the methods or factors used to calculate the prices offered; (2) the prices in this bid have not been and will not be knowingly disclosed by the bidder to any other bidder or competitor before bid opening; and (3) no attempt has been made or will be made by the bidder to induce any other bidder to submit or not submit a bid for the purpose of restricting competition. (2 CFR 200 Appendix II)

L. Non-Collusion Statement The vendor, by submitting its bid, certifies that its bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation; that it has not directly or indirectly induced or solicited any other vendor to put in a false bid; and that it has not colluded, conspired, connived, or agreed with any other vendor or person to put in a sham bid or to fix the bid price, or to fix any overhead, profit, or cost element of such price.

VIII. BID PROTEST PROCEDURES

A. Right to Protest Any actual or prospective bidder who believes they have been aggrieved in connection with the solicitation or award of this contract may file a written protest with the District. Protests may be filed regarding the solicitation prior to bid opening or regarding the award decision after notice of award.

B. Protest Filing Requirements A written protest must:

• Timeline: Submit the protest to the District’s Purchasing Department within ten (10) calendar days of the date you knew (or should have known) the facts leading to the protest.

• Content: Clearly state the specific grounds for the protest and the specific relief or remedy you are requesting.

• Authorization: The document must be signed by an authorized representative of your organization.

• Submission Methods: Protests must be delivered via one of the following channels:

o Bonfire Platform: Send via private message.

o Email: Send to purchasing@rochesterschools.org.

o U.S. Mail: Facilities Services Center

Attn: Purchasing Manager 3935 Hwy 14 East, Rochester, MN 55904

C. Protest Resolution The District will review the protest and issue a written decision within fifteen (15) calendar days of receipt. The District’s decision shall be final, subject to any rights of appeal under applicable state law. The filing of a protest does not automatically stay the procurement process or contract award. The District reserves the right to delay award if it determines such action is in the best interest of the District.

IX. CONCLUSION AND CONTACT INFORMATION

A. Bid Submission Reminders

• All bids must be submitted electronically through the Bonfire eProcurement platform by May 14, 2026 at

11:00 AM (CT). See Section I.B for submission instructions.

• It is the bidder's responsibility to ensure the submission is complete and includes all required documentation.

• Late submissions will not be considered under any circumstances.

• The District assumes no responsibility for electronic submission errors, failures, or technical difficulties experienced by the bidder.

B. Bid Opening and Evaluation

• Bids will be publicly opened on May 14, 2026 at 11:00 AM (CT) via virtual meeting. See Section I.C for the meeting link.

• Following the opening, the District will evaluate bids in accordance with the criteria set forth in Section V.

• The award will be made to the lowest responsive and responsible bidder whose bid conforms to the specifications in this IFB.

• Board approval is expected at the June 2, 2026 school board meeting.

C. Contact Information All inquiries regarding this IFB must be directed exclusively through the Bonfire platform Public Q&A section. The District will not respond to verbal inquiries or questions submitted by email, phone, or any other method.

Responses to all questions will be posted on the Bonfire platform and made available to all registered vendors to ensure equal access to information.

Bonfire platform technical support: support.bonfire@eunasolutions.com

The District appreciates your interest in this opportunity and looks forward to receiving your bid.

mailto:purchasing@rochesterschools.org

F. Delivery Requirements