179-2324-238-CNS_BREAD_PROCUCTS- BID ADVERTISEMENT.pdf

Bidder: ______________________________________________________

Durham Public Schools

Durham Public Schools

RFP# 179-2324-238-CNS_BREAD_PROCUCTS

Attn: Tanita Nicholson 511 Cleveland Street Durham, NC 27701

REQUEST FOR PROPOSALS NO:

RFP# 179-2324-238-CNS_BREAD_PROCUCTS

Bid Opening DATE: 4/25/2024

Direct all inquiries concerning this RFP to:

Durham Public Schools

Attn: Tanita Nicholson

All questions must be submitted via email no later 2:00 pm on 4/9/2024

Contract Type: Open Market, Purchase using various funds; when using Federal Funds Durham Public Schools will follow all Federal guidelines.

Email: Dist.Purchasing@dpsnc.net Using Agency Name:

Durham Public Schools

Bids will be publicly opened on:

NOTE: Questions concerning the specifications in this Request for Proposals will be received until date and time listed above. ALL QUESTIONS MUST BE SUBMITTED IN WRITING, EITHER BY EMAIL or TO THE ADDRESS LISTED ABOVE. NO QUESTIONS will be received by telephone. Questions received after the date and time listed above will not be considered. A summary of all questions and answers will be posted on the Interactive Purchasing System as an addendum, located under the RFP # being modified. It is the OFFEROR’S responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

NOTICE TO BIDDERS

Sealed Proposals subject to the conditions made a part hereof, will be received until 1:00 pm 4/25/2024 for furnishing and delivering the commodity/services described herein and then publicly opened.

Bids submitted via telegraph, facsimile (FAX) machine, telephone and electronic means, including but not limited to email, in response to this Request for Proposals will not be acceptable. Bids are subject to rejection unless submitted on this form.

Please submit three (3) hard copies and one (1) copy via flash drive of your proposal. One copy must be marked original.

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EXECUTION

In compliance with this Request for Proposals, and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this proposal, the undersigned Vendor certifies that this proposal is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that it is not an ineligible Vendor as set forth in G.S. 143-59.1. False certification is a Class I felony. Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

Failure to execute/sign the proposal prior to submission shall render the proposal invalid and it WILL BE REJECTED. Late proposals cannot be accepted.

VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #10):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FEDERAL ID NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL:

Offer valid for at least 120 days from date of proposal opening, unless otherwise stated here: ______ days.

After this time, any withdrawal of offer shall be made in writing, effective upon receipt by the agency issuing this

RFP.

ACCEPTANCE OF PROPOSAL

If any or all parts of this proposal are accepted by Durham Public Schools, an authorized representative of Durham Public Schools shall affix his/her signature hereto and this document and all provisions of this Request For Proposal along with the Vendor proposal response and the written results of any negotiations shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Vendor(s).

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1.0 REQUEST FOR PROPOSAL DOCUMENT

The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.

1.1 Proposal Questions

Written questions concerning this RFP will be received until 2:00 pm on 4/9/2024 Eastern Standard Time. They must be sent via email to: Dist.Purchasing@dpsnc.net please insert “Questions for bid RFP# 179-2324-238-CNS_BREAD_PROCUCTS as the subject for the email.

Durham Public Schools will prepare responses to all written questions submitted, and post an addendum to the Interactive Purchasing System (IPS) https://www.ips.state.nc.us/ips/ oral answers are not binding on Durham Public Schools.

Questions received prior to the submission deadline date, Durham Public Schools response, and any additional terms deemed necessary by Durham Public Schools be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any Durham Public Schools personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding.

Vendors shall rely only on written material contained in an Addendum to this RFP.

Vendor contact regarding this RFP with anyone other than DPS employee listed above may be grounds for rejection of said Vendor’s offer.

Critical updated information may be included in these Addenda. It is important that all Vendors bidding on this RFP periodically check the State website for any and all Addenda that may be issued prior to the offer opening date.

1.2 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions, the State’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

2.0 PROPOSAL SUBMITTAL

Sealed proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein.

Mailing address for delivery of proposal via US Postal Service

Office Address of delivery by any other method (special delivery, overnight, or any other carrier)

Durham Public Schools

RFP# 179-2324-238-CNS_BREAD_PROCUCTS

Purchasing Department Attn: Tanita Nicholson

Durham Public Schools

RFP# 179-2324-238-CNS_BREAD_PROCUCTS

Purchasing Department Attn: Tanita Nicholson

3 | Page https://www.ips.state.nc.us/ips/

511 Cleveland Street Durham, NC 27701

511 Cleveland Street Durham, NC 27701

IMPORTANT NOTE: All proposals shall be physically delivered to the office address listed above on or before the proposal deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the proposal physically in this Office by the specified time and date of opening. The time of delivery will be marked on each proposal when received, and any proposal received after the proposal submission deadline will be rejected.

Sealed proposals, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein.

Vendors are cautioned that proposals sent via U.S. Mail, including Express Mail, may not be delivered to the agency’s purchasing office on the due date in time to meet the proposal deadline. All Vendors are urged to take the possibility of delay into account when submitting a proposal. Attempts to submit a proposal via facsimile (FAX) machine, telephone or electronic means, including but not limited to email, in response to this RFP shall NOT be accepted.

a) Submit your proposal in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the RFP number; and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the sealed proposal package.

2.1 PROPOSAL CONTENTS

Vendors shall populate all attachments of this RFP that require the Vendor to provide information and include an authorized signature where requested. Vendor RFP responses shall include the following items and those attachments should be arranged in the following order:

a) Cover Letter

b) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

c) Completed and signed version of EXECUTION PAGES, along with the body of the RFP, and signed receipt pages of any addenda released in conjunction with this RFP (if required to be returned).

2.2 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

a) BAFO: Best and Final Offer, submitted by a Vendor to alter its initial offer, made in response to a request by the issuing agency.

b) BUYER: The employee of Durham Public Schools or Other Eligible Entity that places an order with the

Vendor.

c) CONTRACT LEAD: Representative of Durham Public Schools who corresponds with potential

Vendors in order to identify and contract with that Vendor providing the greatest benefit to Durham Public Schools and who will administer this contract

d) E-PROCUREMENT SERVICES: The program, system, and associated services through which the State conducts electronic procurement.

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e) FOB-DESTINATION: Title changes hand from Vendor to purchaser at the destination point of the shipment; Vendor owns commodity in transit and files any claims, and Vendor pays all freight and any related transportation charges. A solicitation may request Vendors to separately identify freight charges in their proposal, but no amount or charge not included as part of the total proposal price will be paid.

f) LOT: A grouping of similar products within this RFP.

g) ON-TIME DELIVERY: The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required.

h) QUALIFIED PROPOSAL: A responsive proposal submitted by a responsible Vendor.

i) RFP: Request for Proposal

j) STATE: The State of North Carolina, including any of its sub-units recognized under North Carolina law.

k) STATE AGENCY: Any of the more than 400 sub-units within the executive branch of the State, including its departments, boards, commissions, institutions of higher education and other institution.

l) VENDOR: Supplier, bidder, proposer, company, firm, corporation, partnership, individual or other entity submitting a response to a Request for Proposal.

This Space is Intentionally Left Blank

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS PROPOSAL REVIEW

AND AWARD

It is the intent of Durham Public Schools to award this RFP to the responsible bidder(s) who best matches the needs of Durham Public Schools. Durham Public Schools reserves the right to reject any and all bids. All qualified proposals will be evaluated and awards will be made to the Vendor(s) meeting the RFP requirements and achieving the highest and best final evaluation.

While it is the intent of Durham Public Schools to award this RFP to a single Vendor, Durham Public Schools reserves the right to make separate awards to different Vendors for one or more line items, to not award one or more line items or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to Durham Public Schools to do so.

The status of a Vendor’s E-Procurement Services account(s) shall be considered a relevant factor in determining whether to approve the award of a contract under this RFP. Any Vendor with an E-Procurement Services account that is in arrears by 91 days or more at the time of proposal opening may, at the State’s discretion be disqualified from further evaluation or consideration.

Durham Public Schools reserves the right to waive any minor informality or technicality in proposals received.

3.1 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period—from the date proposals are opened through the date the contract is awarded—each Vendor submitting a proposal (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside the using agency, issuing agency, other government agency office, or body (including the purchaser named above, department secretary, agency

5 | Page head, members of the general assembly and/or governor’s office), or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the contents of another Vendor’s proposal, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in the State’s discretion that the communication was harmless, that it was made without intent to influence and that the best interest of the State would not be served by the disqualification. A Vendor’s proposal may be disqualified if its subcontractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or general inquiries directed to the purchaser regarding requirements of the RFP (prior to proposal submission) or the status of the contract award (after submission) are excepted from this provision.

3.2 PROPOSAL EVALUATION PROCESS

Durham Public Schools shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP.

Durham Public Schools will conduct a One-Step evaluation of Proposals:

Proposals will be received from each responsive Vendor in a sealed envelope or package.

All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP.

At that date and time, the package containing the proposals from each responding firm will be opened publicly and the name of the Vendor and total cost offered will be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not.

Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

Durham Public Schools reserves the right to reject all original offers and request one or more of the Vendors submitting proposals within a competitive range to submit a best and final offer (BAFO), based on discussions and negotiations with Durham Public Schools, if the initial responses to the RFP have been evaluated and determined to be unsatisfactory.

Upon completion of the evaluation process, Durham Public Schools will make Award(s) based on the evaluation and post the award(s) to IPS under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to Durham Public Schools.

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3.3 INTERPRETATION OF TERMS AND PHRASES

This Request for Proposal serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. As such, all terms in the Request for Proposal shall be enforceable as contract terms in accordance with the General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Request for Proposal. Except as specifically stated in the Request for Proposal, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the Department exercising its discretion to reject a proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for Durham Public Schools to receive a better proposal, the Vendor is urged and cautioned to submit these items in the form of a question during the question and answer period in accordance with Section 1.1.

4.1 CONTRACT TERM

The Contract shall have an initial term of one year, beginning on the date of contract award (the “Effective Date”).

The Vendor shall begin work under the Contract within thirty (30) business days of the Effective Date.

At the end of the Contract’s current term, Durham Public Schools shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of four additional one-year terms. Durham Public Schools will give the Vendor written notice of its intent whether to exercise each option no later than thirty

(30) days before the end of the Contract’s then-current term. In addition, Durham Public Schools reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments.

4.2 PRICING

Proposal price shall constitute the total cost to Buyer for complete performance in accordance with the requirements and specifications herein, including all applicable charges handling, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this RFP. Complete ATTACHMENT III: PRICING FORM and include in Proposal.

4.3 INVOICES

a) Invoices must be submitted to the Accounts Payable Office on the Vendor(s) official letterhead/stationery.

b) Invoices must bear the correct contract number/purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment.

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c) Invoices must include an accurate description of the work/items for which the invoice is being submitted, the invoice date, the period of time covered when applicable, the amount of fees due to the Vendor and the original signature of the Vendor’s project manager.

4.4 PAYMENT TERMS

a) The Vendor will be compensated at the rates quoted in the Vendor’s Cost Proposal.

b) The Vendor will be paid net thirty (30) calendar days after the Vendor’s invoice is approved by Durham Public Schools.

4.5 FINANCIAL STABILITY

Each Vendor shall certify it is financially stable by completing the ATTACHMENT IV: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from Contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify Durham Public Schools within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification.

4.6 VENDOR EXPERIENCE

When applicable in its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State of North Carolina. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

4.7 REFERENCES

Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein. Durham Public Schools may contact these users to determine the services provided are substantially similar in scope to those proposed herein and Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the proposal.

COMPANY NAME CONTACT NAME TELEPHONE NUMBER

4.8 BACKGROUND CHECKS

Vendor and its personnel are required to provide or undergo background checks at Vendor’s expense prior to beginning work with the State. As part of Vendor background the details below must be provided to Durham Public Schools:

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a) Any criminal felony conviction, or conviction of any crime involving moral turpitude, including, but not limited to fraud, misappropriation or deception, of Vendor, its officers or directors, or any of its employees or other personnel to provide services on this project, of which Vendor has knowledge or a statement that it is aware of none;

b) Any criminal investigation for any offense involving moral turpitude, including, but not limited to fraud, misappropriation, falsification or deception pending against Vendor of which it has knowledge or a statement it is aware of none;

c) Any regulatory sanctions levied against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies within the past three years or a statement that there are none. As used herein, the term “regulatory sanctions” includes the revocation or suspension of any license or certification, the levying of any monetary penalties or fines, and the issuance of any written warnings;

d) Any regulatory investigations pending against Vendor or any of its officers, directors or its professional employees expected to provide services on this project by any state or federal regulatory agencies of which Vendor has knowledge or a statement that there are none.

e) Any civil litigation, arbitration, proceeding, or judgments pending against Vendor during the three (3) years preceding submission of its proposal herein or a statement that there are none.

Vendor’s responses to these requests shall be considered to be continuing representations and Vendor’s failure to notify Durham Public Schools within thirty (30) days of any criminal litigation, investigation or proceeding involving Vendor or its then current officers, directors or persons providing services under this contract during its term shall constitute a material breach of contract. The provisions of this paragraph shall also apply to any subcontractor utilized by Vendor to perform services under this contract.

Any personnel or agent of the Vendor performing services under any contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by Durham Public Schools.

4.9 PERSONNEL

Vendor shall not substitute key personnel assigned to the performance of this Contract without prior written approval by the Contract Lead. Vendor shall notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. Durham Public Schools will approve or disapprove the requested substitution in a timely manner. Durham Public Schools may, in its sole discretion, terminate the services of any person providing services under this Contract. Upon such termination, Durham Public Schools may request acceptable substitute personnel or terminate the contract services provided by such personnel.

4.10 VENDOR’S REPRESENTATIONS

a) Vendor warrants that qualified personnel shall provide services under this Contract in a professional manner. “Professional manner” means that the personnel performing the services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of Durham Public Schools under this Contract. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by Durham Public Schools. Names of any third party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s).

b) If any services, deliverables, functions, or responsibilities not specifically described in this Contract are required for Vendor’s proper performance, provision and delivery of the service and deliverables under

9 | Page this Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables.

c) Vendor warrants that it has the financial capacity to perform and to continue to perform its obligations under the contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

5.0 SCOPE OF WORK/ACCEPTANCE OF WORK

In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, Durham Public Schools shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by Durham Public Schools shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, Durham Public Schools may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina.

5.1 LIQUIDATED DAMAGES

The parties agree that calculation of actual damages resulting from failure to meet the following performance standards is extremely difficult, if not impossible, to calculate accurately, and the parties also agree that the compensation identified for such failures are a reasonable estimate of damages resulting from a failure to meet the performance standard described. Therefore, the parties agree that the Vendor shall be subject to amounts due as liquidated damages but not as a penalty, for each such failure, as follows:

Notwithstanding any other provision herein, liquidated damages shall not be subject to a limitation on damages or limit of liability for damages that otherwise may be applicable to recoverable damages.

5.2 DISPUTE RESOLUTION

The parties agree that it is in their mutual interest to resolve disputes informally. A claim by the Vendor shall be submitted in writing to Durham Public Schools’ Contract Lead for resolution. A claim by Durham Public Schools shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Contract, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute.

5.3 CONTRACT CHANGES

Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by Durham Public Schools and Vendor.

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6.0 PROPOSAL

Durham Public Schools School Nutrition Services

Bid Specifications for Bread and Bakery Products

SY 2024-2025

Company Name _____________________________________

N.C. Sales/Use Tax No.: _______________________________

Item No.

Unit Description If pack sizes differ, please change the pack size and quote the unit price for the pack size quoted.

Unit Price

Estimated Units Needed

Estimated Usage Frequency

Total Price

1 1 Loaf – 20 slices

Pullman Loaf, 51% or greater whole grain, 20 slices per loaf, 1

oz. grain equivalent per slice

10,000 Weekly

2 1 Pack – 16 rolls

Hot Dog Roll, 51% or greater whole grain, sliced, restaurant pack, 2.0 oz. grain equivalent per roll

5,600 Monthly

3 1 Pack – 16 rolls

Hamburger Roll, 51% or greater whole grain, sliced, restaurant pack, 2.0 oz. grain equivalent per roll

10,000 Biweekly

4 1 Pack - 6 each

English muffin, 51% or greater whole grain, 2 oz. grain equivalent per muffin

6,000 Monthly

5 1 Pack - 24 each

Biscuits, fully baked, fresh or frozen, 51% or greater whole grain, 2 oz. grain equivalent per biscuit

9,000 Weekly

6 1 Pack - 24 each

Biscuits, par baked, fresh or frozen, 51% or greater whole grain, 2 oz. grain equivalent per biscuit

9,000 Weekly

7 1 Pack - 24 each

Biscuits, unbaked, fresh or frozen, 51% or greater whole grain, 2 oz.

grain equivalent per biscuit

9,000 Weekly

8 1 Pack -pieces

Locally made banana, zucchini, pumpkin, sweet potato, or other breakfast bread, 51% or greater whole grain, minimum 1 oz. grain equivalent per slice Please specify flavors and any seasonal availability

9,000 Biweekly

9 1 Pack - 12 each

Bagel, fresh, 51% or greater whole grain, 2 oz. grain equivalent per bagel

Please specify flavors and any seasonal availability

7,500 Biweekly

10 1 Pack - 12 each

Pizza crust, fully baked, 51% or greater whole grain, 2 oz. grain equivalent per ⅛ pizza slice

2,000 Biweekly

11 1 Pack - 24 each

Flatbread, fully baked, 51% or greater whole grain, 2 oz. grain equivalent per flatbread

3,750 Monthly

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12 1 Pack - 6 each

Pita, fully baked, 51% or greater whole grain, 2 oz. grain equivalent per ½ a pita

5,000 Monthly

13 1 Pack - 12 each

Hoagie roll, approx 6”, 51% or greater whole grain, 2 oz. grain equivalent per roll

7,500 Monthly

14 1 Pack – 12 wraps

Tortilla/Wrap, wheat, 10” – 51% or greater whole grain, 12 each per pack, 2 oz. grain equivalent per tortilla/wrap

10,000 Biweekly

15 1 Pack – 24 wraps

Tortilla/Wrap, corn, yellow, 6” – 51% or greater whole grain, 12 each per pack, 1 oz. grain equivalent per tortilla/wrap

15,000 Biweekly

16 1 Pack – 12 wraps

Tortilla/Wrap, corn, white, 6” – 51% or greater whole grain, 12 each per pack, 1 oz. grain equivalent per tortilla/wrap

15,000 Biweekly

17 1 Pack – 12 wraps

Tortilla/Wrap, corn & wheat blend, 6” – 51% or greater whole grain, 12 each per pack, 1 oz. grain equivalent per tortilla/wrap

15,000 Biweekly

18 1 Pan -servings

Cornbread, 51% or greater whole grain, 24 servings per pan, 2 oz.

grain equivalent per serving

3,000 Monthly

19 1 Pack - 24 rolls

Dinner rolls, 51% or greater whole grain, 2 oz. grain equivalent per serving

6,000 Biweekly

20 1 Pan -servings

Focaccia, 51% or greater whole grain, 24 servings per pan, 2 oz.

grain equivalent per serving

3,000 Monthly

21 1 Pack - 12 each

Breakfast pastry, assorted flavors, 51% or greater whole grain, 2 oz.

grain equivalent per pastry Please specify type, flavors, and any seasonal availability

36,000 Weekly

22 1 Pack - 24 each

Pancakes, 51% or greater whole grain, 1 oz. grain equivalent per 2 pancakes Please specify type, flavors, and any seasonal availability

7,000 Biweekly

23 1 Pack - 24 each

Waffles, 51% or greater whole grain, 1 oz. grain equivalent per 2 waffles Please specify type, flavors, and any seasonal availability

7,000 Biweekly

24 1 Pack - 12 each

Ciabatta, 51% or greater whole grain, 2 oz. grain equivalent per serving, 6 servings per loaf

1000 Monthly

25 Varies Any products made without gluten (e.g. bread, bagels, pancakes, pastry, cornbread, English muffins, etc.), 51% whole grain, minimum 1 oz grain equivalent per serving

200 servings per item

Variable

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ADDITIONAL DETAILS

All bread products must be 51% or greater whole grain by weight. All sliced bread must provide a minimum of 1.0 oz. grain equivalent per slice.

Please provide ingredient information by weight (e.g. 8 servings: 2 lb whole wheat flour, 1 oz baking powder, 10 grams salt, etc.); nutrition facts information may be included if readily available.

SERVICE

● Site-based delivery of food items on rotation as described above.

● Return of any unacceptable products.

● Pick-up of recalled products as needed.

● Responsive to requests for credits or clarification in billing.

● Invoices must be signed by the driver.

● Products must be delivered to the appropriate area for temperature control, but vendor is not responsible for shelving the food items or controlling the first in/first out rotation methods.

● The successful vendor will provide sufficient service personnel to coordinate complete implementation of program to each school site within thirty (30) working days of award.

● Usage reports sent to the School Nutrition Services Director upon request.

This is a line item bid. Each product will be compared to equivalent products offered by all vendors, and vendors will be awarded specific items, not necessarily the full list of what is requested in this line item bid. DPS SNS reserves the right not to award any vendor a particular line item. Actual unit quantities will be adjusted through ongoing communication between the vendor and the District throughout the school year. The rubric used to determine line item awards is found at the end of this section.

TERMS

Vendor will provide proposed delivery at fifty (50) sites for ten months OR delivery to DPS SNS Warehouse at 808 Bacon Street for ten months Service may also be continued for any sites open for summer programs Service will be continuous for any school with year-round or special schedules

PROGRAM COSTING

Total firm fixed price must be net of taxes and shall include all transportation and delivery charges.

EXTENSION

This contract may be extended for four (4) additional school terms at the discretion and consensus of both parties. Cost increases or decreases may be negotiated by the school district based on the consumer price index or wholesale price index, but may not exceed 5%. In the event of more than a 5% increase or decrease, this contract must be renegotiated.

TERMINATE THE CONTRACT

The Durham Public Schools Board of Education reserves the right to terminate the contract for due cause which shall include such reasons as unsatisfactory service or unsatisfactory products.

REFERENCES

The vendor shall supply a minimum of three (3) written references (with contact person and phone number included) from different school districts of comparable size where the vendor has the program in use.

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USDA NON-DISCRIMINATION STATEMENT

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits.

Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at

(800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

This institution is an equal opportunity provider.

NAME OF FIRM:

ADDRESS:

TELEPHONE: FAX:

Signed

Title

Date

15 | Page mailto:program.intake@usda.gov

Award Criteria (To be scored by the School District) VENDOR PLEASE CIRCLE ALL THAT APPLY/INCLUDE REQUIRED ATTACHMENTS OR PROOF OF ITEMS DESCRIBED

BELOW

Quality and Safety of Food Products (Circle all that apply) (15pts) All food products will be of highest quality Provide ingredient information by weight Products are 51% whole grain by weight Delivery vehicles are enclosed, clean, and will maintain proper temperatures for safe food transport Products available for all seasons – Circle (Yes or No)

Reports and Documentation (5pts) Templates of monthly statement (Include Copy) Copy of sample invoice (Include Copy) Copy of business license (Include Copy)

Access to Educational Opportunities (Circle all that apply) (15pts) Vendor agrees to provide in-class training as requested – Circle (Yes or No) Vendor will provide training to School Cafeteria managers quarterly – Circle (Yes or No) Vendor will arrange on-site visits to participating farms – Circle (Yes or No) Vendor will allow tours of storage and distribution facility – Circle (Yes or No) Vendor will provide occasional signage, posters, or other materials – Circle (Yes or No)

Business Operations (Circle all that apply) (10pts) Vendor is a Small Business (<500 employees) Vendor is a Small Farm (<$250,000 gross cash farm income) Vendor sources from Small Farms (<$250,000 gross cash farm income) Vendor sources from Small Businesses (<500 employees) Vendor is a Socially Disadvantaged Farmer or Rancher* Vendor sources from Socially Disadvantaged Farmers or Ranchers*

Geographical Distribution Data (Circle most common) (15pts) Food items from Durham County (25pts) Food items from counties within 100 miles of Durham (20pts) Food items from North Carolina (15pts) Food items from states bordering North Carolina (10pts) Food items from USA (5pts)

Delivery (10 pt) Vendor can deliver to all 50 production kitchens (10 pts) Vendor can deliver to DPS SNS Warehouse at 808 Bacon Street 27703 (5 pts)

Quality of References and Contacts (Provide letters) (5pts) Letters of recommendation / length of relationship Number of other school districts using system ____

Total Program Cost (25pts) Total Possible Score (100pts)

*“Socially disadvantaged farmer or rancher - a farmer or rancher who has been subjected to racial or ethnic prejudices because of their identity as a member of a group without regard to their individual qualities…This term means a farmer or rancher who is a member of a socially disadvantaged group. Those groups include African Americans, American Indians or Alaskan natives, Hispanics, and Asians or Pacific Islanders.” USDA ERS, March 22,2023.

https://www.ers.usda.gov/topics/farm-economy/socially-disadvantaged-beginning-limited-resource-and-female-farmers-and-ra nchers/#:~:text=The%20USDA%20defines%20socially%20disadvantaged,to%20racial%20or%20ethnic%20prejudice.

SCHOOL DISTRICT SPECIAL CONDITIONS OF THE RFP/CONTRACT

Special Conditions are circumstances that are required of all bidders for the RFP.

The dates of delivery and the number of deliveries per school will be mutually agreed upon by the vendor and the Executive Director, School Nutrition Services (SNS) or Designee prior to the first delivery of the school year.

16 | Page https://www.ers.usda.gov/topics/farm-economy/socially-disadvantaged-beginning-limited-resource-and-female-farmers-and-ranchers/#:~:text=The%20USDA%20defines%20socially%20disadvantaged,to%20racial%20or%20ethnic%20prejudice https://www.ers.usda.gov/topics/farm-economy/socially-disadvantaged-beginning-limited-resource-and-female-farmers-and-ranchers/#:~:text=The%20USDA%20defines%20socially%20disadvantaged,to%20racial%20or%20ethnic%20prejudice

No deliveries will be allowed or accepted at Elementary schools prior to 6:00 am.

No deliveries will be allowed or accepted at Middle and High schools prior to 7:00 am.

All deliveries must be completed by 2:00 pm.

Vendor shall be solely responsible for removing all pallets and delivery materials promptly, the school district will not be held responsible for pallets or equipment.

All invoices must be signed by an authorized SNS employee. The school district will not pay for any invoice that is not signed or is signed by anyone other than an SNS employee.

SNS staff members are not authorized to be in the schools to accept deliveries on non-operational days.

Managers are not allowed to make arrangements to meet the delivery driver during a weekend, student vacation day, intersession, or school break. SNS Director will not authorize payment for any product or invoice on a non-operational date.

SNS may require emergency deliveries based upon equipment failure, missing product, or changes in participation expectations. The vendor and SNS Director will make an agreement concerning emergency deliveries.

SNS does not accept any food items or ingredients that contain artificial colors/dyes, artificial flavors, EDTH, or TBHQ. SNS does not accept any food items or ingredients that contain trans fats, including hydrogenated fats listed as an ingredient but noted as “0 grams trans fats” on the nutrition label. SNS does not accept any food items or ingredients with high fructose corn syrup. SNS does not accept any food items or ingredients made with rGBH.

All Special Conditions can be negotiated with the Director in advance as issues arise.

District Profile SN Director: James Keaten Phone: 919-384-5920 Email: james_keaten@dpsnc.net Address: 1817 Hamlin Road, Durham NC 27704

Warehouse Manager: Paul Johnson Phone: 984-278-2786 Email: paul_johnson@dpsnc.net Address: 808 Bacon Street, Durham NC 27703

SNS Finance Technician: Sonya Daniels Phone: 919-560-2000 Ext. 26232 Email: sonya_daniels@dpsnc.net Address: 1817 Hamlin Road, Durham NC 27704

Emergency Contact: Linden Thayer Phone: 919-384-5917 Email: linden_thayer@dpsnc.net Address: 1817 Hamlin Road, Durham NC 27704

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Average Usage

Level School Address

SY23-24

Average Daily Membership

Average Daily Lunch Participation

Average Daily Breakfast

Participation

Average Daily Snack

Participation

Average Daily Summer

Participation

0 - PreK 289 Whitted Pre-K

1210 Sawyer St.

27707 (delivery to

LMMS)

118 65 66 0 variable

1 - Elementa ry

304 Bethesda 2009 S. Miami Blvd.

27703

571 364 242 23 variable

1 - Elementa ry

308 Burton 1500 Mathison St.

27701

288 186 168 23 variable

1 - Elementa ry

310 Eastway 610 Alston Ave. 27701

381 304 231 51 variable

1 - Elementa ry

313 Easley 302 Lebanon Circle 27712 476 185 119 26 variable

1 - Elementa ry

315 Eno Valley 117 Milton Rd. 27712

531 377 386 56 variable

1 - Elementa ry

318 Club Blvd 400 W. Club Blvd 27704 381 166 128 84 variable

1 - Elementa ry

319 Creekside 5321 Ephesus Church Rd. 27707 545 251 242 65 variable

1 - Elementa ry

320 Glenn 2415 E. Geer St.

27704 577 464 458 13 variable

1 - Elementa ry

324 Hillandale 2730 Hillandale Rd.

27705 513 329 235 41 variable

1 - Elementa ry

327 Hope Valley 3005 Dixon Rd. 27707 634 326 223 52 variable

1 - Elementa ry

328 Holt 4019 Holt School Rd.

27704 620 411 221 27 variable

1 - Elementa ry

332 Forest View

3007 Mt. Sinai Rd.

27705 657 342 182 80 variable

1 - Elementa ry

Lakewood

2520 Vesson Ave.

27707 387 285 166 39 variable

1 - Elementa ry

340 Little River

2315 Snow Hill Rd.

27712 294 111 121 35 variable

1 - Elementa ry

Fayetteville St.

2905 Fayetteville St.

27707 224 174 156 41 variable

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1 - Elementa ry

347 George Watts 700 Watts St. 27701 267 99 88 79 variable

1 - Elementa ry

348 Mangum 9008 Quail Roost, Bahama 27503 282 94 111 22 variable

1 - Elementa ry

349 Lyon's Farm

906 Scott King Rd 27713 496 207 210 101 variable

1 - Elementa ry

Murray-Masse nburg

3900 S. Roxboro Road 27713 375 190 150 30 variable

1 - Elementa ry

352 Merrick - Moore

2325 Cheek Rd.

27704 548 397 323 78 variable

1 - Elementa ry

354 Morehead 909 Cobb St. 27707

195 84 92 78 variable

1 - Elementa ry

360 Oak Grove

3810 Wake Forest Rd.

27703 422 294 179 22 variable

1 - Elementa ry

362 Parkwood 5207 Revere Rd.

27713 570 407 294 71 variable

1 - Elementa ry

363 E.K.

Powe 913 9th St. 27705 412 164 115 82 variable

1 - Elementa ry

Pearsontown

4915 Barbee Rd.

27713 711 274 211 139 variable

1 - Elementa ry

367 R.N.

Harris 1520 Cooper St.

27703 293 211 160 28 variable

1 - Elementa ry

369 Sandy Ridge

1417 Old Oxford Rd 27704 457 286 199 51 variable

1 - Elementa ry

Southwest 2320 Cook Rd. 27713 655 322 264 109 variable

1 - Elementa ry

374 Spaulding 1531 S. Roxboro Rd.

27707 211 162 106 24 variable

1 - Elementa ry

376 Spring Valley

2051 Northern Durham Pkwy 27703 533 283 271 78 variable

1 - Elementa ry

388 W.G.

Pearson 3501 Fayetteville St.

27707 329 238 219 21 variable

1 - Elementa ry

400 Y.E.

Smith 2410 E. Main St.

27703 256 237 144 90 variable

2 - Middle 306 Brogden 1001 Leon St. 27704 702 406 238 6 variable

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2 - Middle

314 School for Creative Studies

5001 Red Mill Rd.

27704 429 166 185 0 variable

2 - Middle

Carrington 227 Milton Rd. 27712 739 510 200 4 variable

2 - Middle

323 Durham School of the Arts

400 North Duke St.

27701

1763 392 225 0 variable

2 - Middle 338 Shepard 2401 Dakota St.

27707 397 267 155 11 variable

2 - Middle

Lakewood Montessori

2119 Chapel Hill Rd., 27707

303 76 67 0 variable

2 - Middle

343 Lucas Middle

923 Snow Hill Road, 27704 414 242 151 7 variable

2 - Middle

346 Lowe's Grove

4418 S. Alston Ave.

27713 633 391 201 8 variable

2 - Middle 355 Neal 201 Baptist Rd. 27704 766 425 200 11 variable

2 - Middle 366 Githens 4800 Chapel Hill Rd.

27707 818 393 207 19 variable

2 - Middle

370 Rogers - Herr

911 Cornwallis Rd.

27707 627 276 128 21 variable

3 - High 309 Early College - J.D.

Clement

1801 Fayetteville St.

27707 (delivery to Hillside)

372 56 27 0 variable

3 - High 312 Jordan 6806 Garrett Rd.

27707 2084 237 92 0 variable

3 - High 317 City of Medicine Academy

301 Crutchfield St 27704 333 82 51 0 variable

3 - High

Performance Learning Center

401 N. Driver St, 27703 (delivery to

LMMS)

117 22 27 0 variable

3 - High 325 Hillside 3727 Fayetteville St.

27707 1469 319 181 0 variable

3 - High 341 Lakeview 3507 Dearborn Drive, 27704 (delivery to

SCS)

94 50 19 0 variable

3 - High 356 Northern 4622 N Roxboro Street, Durham NC 27704

1316 218 173 0 variable

3 - High 365 Riverside 3218 Rose of Sharon Rd.27712 1848 312 234 0 variable

3 - High…