12-Terms and Conditions - Fresh Dairy-Juice FINAL.pdf

School Delivery Fresh Dairy Products & Juice (District-Wide Delivery) for Food and Child Nutrition Services

SCOPE OF WORK:

The scope of this bid covers the direct delivery of fresh dairy products and juice to individual schools, our central kitchen, and potential future locations as mutually agreed upon. The bid shall be awarded for the period beginning March 27, 2026, through March 26, 2027 (pending estimated Board Approval), with options for two (2) subsequent one (1) year renewals.

CATALOG DISCOUNT PROGRAM

A catalog discount line has been added to the bid for items not specified or newly developed items identified by food services. Please provide a percent discount from your catalog price for products your company provides. If no discount, enter a zero; if left blank, it will indicate “No Bid”.

1. Bid Award -The bid will be awarded based on the lowest combined price of items marked Award Lot based on estimated usage. --

- All items in the lot must be bid on to be considered a complete lot.

- Lots may be broken at the discretion of the district based upon the best interest of the district.

There are three lots for award (Milk Lot, Juice Lot, & Misc. Lot):

- The district reserves the right to award each lot to the provider that offers the best value to the district.

- The district reserves the right to award all lots to one provider if deemed the best value to the district.

- Items must meet specifications as listed on the bid sheets.

Milk Lot:

Butter, Bulk, 1 lb Butter, PC Milk, Buttermilk, 1/2 Gallon Milk, Chocolate, 1%, 1/2 Gallon Milk, Chocolate, 1%, Gallon Milk, Chocolate, 1%, 1/2, Pint Milk, Chocolate, Fat Free, 1/2 Gallon Milk, Chocolate, Fat Free, 1/2 Pint Milk, Chocolate, Fat Free, Gallon Milk, Strawberry, 1%, 1/2 Pint Milk, Strawberry, Fat Free, 1/2 Pint Milk, White, 1%, 1/2 Gallon Milk, White, 1%, 1/2 Pint Milk, White, 1%, Gallon Milk, White, 2%, 1/2 Pint Milk, White, Fat Free, 1/2 Pint Milk, White, Lactose Free, 1/2 Pint Milk, White, Whole, 1/2 Pint Sour Cream, 5# Sour Cream, PC

Yogurt, Assorted, Flavors, Character Pack,4 oz Yogurt, Greek, Strawberry, 5.3 oz Yogurt, Greek, Vanilla, 5.3 oz Yogurt, Squeeze Tube, 2.0 oz Yogurt, Strawberry, 2 lb Tub Yogurt, Strawberry, 4 lb Bag Yogurt, Strawberry, 4 oz Yogurt, Vanilla, 16 lb Bag Yogurt, Vanilla, 2 lb Tub Yogurt, Vanilla, 4 lb Bag Yogurt, Vanilla, 4 oz

Shelf Stable Milk Lot:

Milk, White, 1%, 1/2 Pint, Shelf Stable Milk, Strawberry 1% 1/2 Pint Shelf Stable Milk, Chocolate 1% 1/2 Pint Shelf Stable

Juice Lot:

Juice, Apple Cherry, 4oz Juice, Apple, 4oz Juice, Fruit Punch, 4oz Juice, Grape, 4oz Juice, Orange, 4oz Juice, Vegetable, 4oz Juice, Vegetable/Fruit, Mango Swirl, 4oz Juice, Vegetable/Fruit, Punch Blend, 4oz

Misc Lot:

Cheese, Cottage Cheese, Bulk Cheese, Cream Cheese, Bulk Cheese, Cream Cheese, PC Cream, Half and Half, PC Cream, Half and Half, Quart Cream, Heavy Whipping, Quart

All pricing for line items must be submitted on the pricing sheet.

Do not submit separate quotations on individual bidder quote sheets. All bid prices—except for fluid milk—must remain firm.

2. Variable Price

- Fluid Milk is to be bid with variable monthly pricing ONLY.

- Pricing will be tied to the price of Southwest Federal Milk Order Class I Raw Milk-Dallas location (pricing can be found at www.dallasma.com).

- Written notice of any price change shall be given to FCNS by our vendor ten (10) business days before the effective day of any price change (i.e., the first day of the following month), and documentation of any increase on Class I Raw Milk must be provided.

3. Quantities

- Estimated annual quantities are listed on the bid form. These quantities are based on a planned menu and the prior year’s usage.

- The district reserves the right to purchase additional, fewer than, or none of the quantities of items as listed on this bid.

- Dallas ISD reserves the right to purchase in full truckload or less than full truckload. The bid price as quoted and awarded will apply to both truckload and less-than-truckload quantities. The district will pay no penalties or additional payments due to the district ordering less than a truckload quantity.

4. Invoicing

- The vendor shall provide an individual invoice for each school and leave the original with the cafeteria supervisor.

- The vendor must send a copy of the signed invoice electronically to our Food and Child Nutrition Services Accounts Payable email address FCNSAP@dallasisd.org for payment, and must be furnished before payment can be made.

- Incorrect invoices must be picked up in the Dallas Independent School District Food & Child Nutrition Services Office, 1515 Al Lipscomb Way, Dallas, TX 75125, and corrected by the vendor.

- Invoices must show quantity, unit size, unit price, extended unit price, and total amount of the invoice.

- Invoices not signed by the cafeteria supervisor will not be paid. No milk is to be left at school without the invoice signed by the cafeteria supervisor or another approved FCNS employee.

- The district will not be responsible for unauthorized purchases.

5. Product Specifications

- Please refer to individual specifications for clarification.

- All furnished products must meet or exceed specifications as listed.

- Specifications as written meet the district’s admissible specified requirements.

- Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer or brand name, the term "equal" shall be implied if not inserted. The specified product shall be understood as indicating the type, function, minimum standard, efficiency, and quality desired and shall not be construed as to exclude other manufactured products of comparable quality, design, and efficiency.

Brands of equal quality or type are acceptable.

- Specifications received from vendors that are different from the original requirements must meet or exceed the original specifications to be considered equivalent. The district will be the sole judge to determine if the products quoted/tested are equal.

- FCNS reserves the right to make final decisions on comparable items as equals. Be very certain that the items upon which you quoted are equal to the items listed.

- Items delivered must be exact brand and or liked items as tested and awarded.

- New, similar, or like Items may be added to the awarded contract as new products are developed. This will be done at the discretion of FCNS. Pricing will be in line with like products that are awarded.

6. Substitutions

The awarded vendor(s) must notify the Food & Child Nutrition Services Department in writing (e-mail is acceptable) of all shortages, back-orders, and out-of-stock items a minimum of two business days in advance of the event. Substitutions must be of the same or higher quality and invoiced at the original bid price. If the vendor(s) do not contact the DISD Food Service Department as outlined above, the department reserves the right to purchase the product(s) from another source and charge the difference in cost, if any, back to the awarded vendor.

7. Conformity and Inspection

All bid items must be in conformance with any federal, state, and local laws or regulations in effect at the time of purchase and be inspected by USDA or the appropriate governmental agency. Each company must have a certified Hazard Analysis and Critical Control Point (HACCP) plan available upon request.

8. Origin and Manufacturing

Dallas ISD may give preference to an agricultural commodity that is produced in the United States, and a food product that is processed in the United States, substantially using agricultural commodities that are produced in the United States. Preference may be given to local products. The definition is Texas and the adjacent states within 500 miles.

9. Product Samples

- Samples of all items bid are NOT required. Samples may be requested by FCNS if needed for product testing.

- Samples should come from the production line, in the event that they will be delivered after the bid is awarded.

The sample must be delivered in an intact case. In the situation that a full case is too large to ship, the box should be opened, broken down, and included in the shipping container. Sample cases will be used for qualification, testing procedures, and/or quality control monitoring at the Food & Child Nutrition Services office and testing facility.

- Samples should be delivered to the Dallas ISD Food & Child Nutrition Services Warehouse and/or Front Office, between 7:30 am and 2:30 pm, Monday through Friday. - 1515 Al Lipscomb Way- Dallas, Texas 75215 within one week of bid closure.

- Sample cases of product must be labeled with the company name and telephone number of a contact person, content, units/case, bid item number, and have a Product Code Number.

- The sample shall not be custom-produced. No charge is to be made for samples or their delivery. Failure to follow these instructions will disqualify products.

- A CN label or a written and signed product analysis will be required for each item upon award.

- Failure to follow these instructions will disqualify the product.

10. Contract Cancellation

Dallas ISD reserves the right to cancel the entire contract and/or buy in the open market at the current price if:

- Any item(s) are not delivered during the four (4) days specified at the time the order is placed with the supplier. Prior approval must be obtained if circumstances prevent prompt delivery.

- Brands of merchandise other than brands named on the bid are delivered without prior approval.

- The formulation of a product has changed.

- Orders are not delivered within the specified time on the delivery day.

- Pack changes and written notification have not been made at least two weeks prior to delivery.

- If one item of an awarded lot is relinquished, all items will be relinquished.

- If the product deviates from specifications or is found to be inferior or unwholesome, the vendor will be given notice to pick up the product and issue credit to FCNS DISD.

11. Marketing Support and Promotional Assistance Awarded vendors are allowed to provide marketing support and promotional assistance to Food and Child Nutrition Services (FCNS) upon terms mutually acceptable to both parties. All marketing support and promotional assistance is to benefit the child nutrition programs only.

Providing marketing materials and services is not required, nor shall receiving such inhibit current FCNS practices that foster a fair, open, transparent, and competitive procurement environment. The Food & Child Nutrition Services Director of Support Services must approve all marketing materials and promotions used in Dallas ISD schools prior to shipment and/or use. Failure to meet this requirement can result in termination of the agreement.

12. Product Usage Report

The vendor is required to provide monthly usage reports (by school and by district) of all fresh fluid milk under this contract to the Food & Child Nutrition Services Department by the 10th of each month. The report should be sent to FCNSAP@dallasisd.org.

13. Product Recall

The vendor must have a formal, rapid communication plan in place to notify the District immediately of any product recalls or withdrawals.

14. Delivery Specifications

- All awarded products shall be delivered in accordance with the school's current delivery schedules. Some schools may require two or more deliveries per week, depending on available storage space. Delivery will be made to the kitchen/cafeteria of each school.

- The list of schools and delivery schedules is attached (see attachments 1, 2, and 3).

- Deliveries shall also be made to the Maria Luna Building once a week between 6:00 am-1:00 pm at Dallas ISD Food & Child Nutrition Services Department Warehouse, 1515 Al Lipscomb Way, Dallas, Texas 75215.

15. Proof of Delivery

A detailed delivery manifest, signed by both the vendor’s driver and the authorized District receiving personnel, is required for every delivery.

Dairy:

- All milk delivered under this contract shall be Grade A Pasteurized and Homogenized.

- Milk shall have a 7-day expiration period when delivered. No out-of-date milk will be accepted.

- The cartons shall be leak-proof and easy to open by elementary school children, and easily crushable.

Yogurt:

- No more than 23 grams of sugar per 6 ounces per CACFP regulations.

Juice:

- Pasteurized, full-strength (l00%) fruit juice shall meet U.S.D.A. school lunch, breakfast program, and after-school snack requirements.

- The refrigerated life of the juice shall be at least 7 days from delivery.

- The cartons shall be leak-proof and easy to open by elementary school children.

- Juice that is shipped frozen to the awarded vendor must be shipped frozen to Dallas ISD Schools/ sites and provide thawing instructions in advance.

16. Delivery Requirements

- All products will be delivered in a ready-to-serve state (not frozen).

- Delivery temperatures of both Milk and Juice will be 41 Fahrenheit or lower upon receipt.

a) All products require refrigeration and shall be delivered in refrigerated trucks and placed in cafeterias' refrigerated boxes or bins by the delivery person using the FIFO method. No milk is to be left at the school unless it is placed in a refrigeration unit. DO NOT LEAVE ON THE BACK DOCK.

- It is preferred that the cafeteria supervisor place orders through the online portal for delivery. However, if not available, orders will be communicated to the vendor by the cafeteria supervisors, or directly to the driver, or by phone to the company.

- Deliveries shall be made to the cafeterias daily between 7:00 am CT and 2:00 pm CT.

- Any school not receiving enough milk or juice as ordered or at designated times to meet Child Nutrition Guidelines are subject to financial reimbursement penalties for all meals served. These costs will be automatically transferred to the Vendor.

- In the case of school holidays/breaks of five (5) days or more, leftover milk shall be picked up by the vendor and a credit invoice issued after the lunch serving period prior to the break.

a) School holidays/breaks can include, but are not limited to: Thanksgiving Break, Winter Break, Spring Break, and the last day of school.

- Damaged, leaking, or partially filled containers, crates, or baskets will be refused and returned. Items that are not delivered at the proper temperature will be refused and returned.

- Delivery trucks shall be clean and free from odors foreign to the product. No product shall be delivered in an open truck.

- In addition to the temperature and delivery rules stated above on arrival, the supplier must also ensure:

a) No physical evidence of rodent, insect, or bacterial contamination.

b) Laboratory confirmation of no chemical or biological contamination.

c) Lots or sources identified by government agencies for further inspection or control.

d) Supplier will allow the district to inspect deliveries for imperfections (example, weevil infestation). If such imperfections are found, the supplier shall pick up the items and replace the item or issue a credit for the full purchase amount.

e) Supplier is responsible for ensuring all products are wholesome and free of contamination throughout the delivery process until accepted at the Dallas ISD dock.

f) Any schools or other sites that require service, built and/or opened by the DISD during the time covered by this contract, shall be automatically added to this bid, at no additional cost.

g) Products must be transported in refrigerated vehicles, always maintaining an internal temperature of 40°F or below. Temperature logs must be available upon request.

Attachment B: School List and Feeding Sites for Dairy Products