2-26-27 IFB Duchesne School District 08 (2).pdf

Duchesne Board of Education

School Nutrition Program

Invitation for Bid

Food Items and Paper Products

Issued on: March 17, 2026

Final Date for Questions: April 27, 2026

Bid Due Date: May 05,2026 at 3:00pm MST

Duchesne School District is soliciting bids See attached specification sheets.

Bids should be mailed to the Duchesne Board of Education, School Nutrition Program.

1010 E 200 N Roosevelt Utah 84066.

Questions regarding this Invitation for Bid should be directed to Heather Cook at hcook@dcsd.org or

Kimberly Montes at kmontes900865@dcsd.org.

Final questions will be accepted until April 27,2026 at 4:00 p.m. Mountain Standard Time

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and Teletypewriter [TTY]) or contact USDA through the Federal Relay Service at (800) 877- 8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf (PDF), from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD- 3027 form or letter must be submitted 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; or

(2) fax:

833-256-1665 or 202-690-7442; or (3) email:

Program.Intake@usda.gov This institution is an equal opportunity provider.

mailto:Program.Intake@usda.gov

Table of Contents

Definitions

Section 1 – Transmittal Page

Section 2 – Federal Requirements and Conditions

Section 3 – Special Terms and Conditions

Section 4 – Attachments

Attachment A – Food Specifications –Vendor Bid Form

Attachment B –Lobbying certificate and disclosure (Attach full disclosure form)

Attachment C- Definitions

Section 1

Transmittal Page

The Duchesne Board of Education, School Nutrition Program (Board/SNP) is requesting sealed bids for Food items and Paper Supplies. Bids are due by May 05,2026 at 3:00pm MST. Bids will be reviewed on May 06,2026 at 9:00 a.m. Mountain Standard Time at the Duchesne County School District office 1010 E 200 N Roosevelt, UT 84066.

Bids may be mailed or delivered to the Duchesne Board of Education, School Nutrition Program 1010 E. 200 N. Roosevelt Utah 84066 or Emailed to Heather Cook at hcook@dcsd.org.

Questions regarding this Request of Proposal should be directed to Heather Cook at hcook@dcsd.org or Kim Montes at kmontes900865@dcsd.org

Final questions can be received until April 27, 2026 at 4:00 pm Mountain Standard Time.

Bidders may download solicitations by going to dcsd.org under the Child Nutrition department or on utah.bonefirehub.com

1. Intent

a. It shall be the intent and purpose of the Invitation For Bid to cover the terms and conditions under which a successful Bidder shall be responsible to supply and deliver food and paper products. To the Duchesne Board of Education, School Nutrition Program through sealed bids.

b. The Board/SNP is seeking to identify and select one (1) or more vendors to provide the items listed in the attached food and paper list (Attachment B). The selected vendor(s) shall provide products in accordance with the Standard Terms and Conditions, Special Terms and Conditions, the IFB and any applicable Addenda.

c. The Board/SNP reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole therefore, or to accept such bids as they deem to be in the best interest of the Board/SNP.

2. Contract Time Period

a. Initial Term – The initial term of this contract, which results from the award of this IFB shall commence on July 1, 2026 and terminate on June 30, 2027.

b. Extension Option – The contract may be extended up to three (3) months at the same bid pricing, provided mutual agreement by both parties in written mailto:hcook@dcsd.org http://dcsd.org form. This extension will be utilized only to prevent a lapse of contract coverage and only for the time necessary to issue and award a new Invitation to Bid, but not to exceed three months.

c. Renewal Option – This contract may be renewed for up to four (4) one-year terms at the same terms and conditions by mutual agreement of both parties in written form.

3. Bid Submission Procedures

The Board/SNP is not liable for any costs incurred by Bidders Prior to issuance of or entering into a contract. Costs associated with developing the bid, preparing for oral presentations, and any other expenses incurred by the Bidder in responding to the IFB are entirely the responsibility of the Bidder, and will not be reimbursed in any manner by the Board/SNP.

a. Bids must be enclosed in a sealed envelope.

The outside of the envelope shall be clearly marked.

IFB for Food and Paper Products # 08-2627” An electronic copy can be submitted by email to hcook@dcsd.org

b. Bids must be received by the Board/SNP no later than May 05,2026 at 3:00 pm Mountain Standard Time.

c. Late bids will not be accepted. The Board/SNP shall not be responsible for late receipt of bids.

Mail bids to:

Duchesne County Board of Education

School Nutrition Department

1010 E. 200 N.

Roosevelt Utah 84066

d. If the Bidder submits bid documents with informalities, errors, or omissions such as, but not limited to, non-conforming bid security, non-conforming non-collusion affidavit or sample, or fails to properly execute and seal the said documents to the Bidder, in the Board/SNP’s sole discretion. May be given 72 hours from the time of the bid opening in which to provide such information to the Board/SNP.

e. The Board/SNP. Has the right to waive any and all informalities

4. BID OPENING DATE/TIME/PLACE

Issue Date Advertised released to Public

March 17, 2026

Final Date for written questions April 27, 2026 at 4:00 pm Mountain Standard Time

Deadline for submitting bids May 05, 2026 at 3:00 pm Mountain Standard

Bid Opening May 06, 2026 at 9:00 am Mountain Standard at Duchesne School District Office 1010 E 200 N Roosevelt UT, 84066

5. AWARD DETERMINATION STATEMENT

a) IFB will be awarded to the lowest bidder per line item to result in a firm fixed price contract. All bid prices shall remain firm for the entire contract period.

b) The award of this IFB is contingent upon available budget funds and approval of the Duchesne County Board of Education.

c) The Duchesne County Board of Education/ School Nutrition Program will award the contract(s) to the lowest responsive and responsible Bidder(s) meeting all terms, conditions, and specifications of the IFB, within approximately thirty (30) days of the opening of the bids. Submitted bid pricing shall remain valid during this thirty-day period. The Board/SNP reserves the right, in its sole discretion, to accept or reject any and all bids or parts thereof.

d) An official letter of acceptance will be forwarded by the School Nutrition Program to the successful Bidder after bid selection.

e) Upon acceptance and award of a vendor's bid, the contract between the Bidder and the Board/SNP shall be drafted from (a) the IFB and addenda, (b) the selected bid response to the IFB by the Bidder and any attachments thereto, and (c) all written communications between the Board/SNP and the Bidder concerning the transactions.

The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

6. SYSTEM CONTACT INFORMATION

a)Invitation for Bid ( IFB) is issued by Duchesne County Board of Education, School Nutrition Program. All inquiries, clarifications, or interpretations regarding this IFB should be directed to hcook@dcsd.org or in writing to:

Duchesne County Board of Education School Nutrition Program 1010 E 200 N Roosevelt Utah 84066

b) Responses to inquiries that affect the content of this IFB will be provided in writing or emailed to all recipients of the IFB. It is the responsibility of each Bidder to inquire about any aspect of the IFB that is not fully understood or is believed to be susceptible to more than one interpretation. The Board/SNP will accept only written inquiries or emails regarding this IFB until April 27, 2026 in order for a reply to reach all Bidders before the bid closes and to give bidders ample time to respond to any Addenda. Any information given to a prospective Bidder concerning an IFB will be furnished to all prospective Bidders as an Addendum to the IFB if such information is necessary or if the lack of such information would be prejudicial to uninformed Bidders.

7. BUY AMERICAN STATEMENT

Contractor must comply with the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Buy American Act -7 CFR 210.21) which requires schools and institutions participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP. Buy American - (1) Definition of domestic commodity or product. In this paragraph, the term ‘domestic commodity or product’ means—(i) An agricultural commodity that is produced in the United States; and (ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States.

SECTION 2

FEDERAL REQUIREMENTS AND CONDITIONS

Interested Suppliers must comply with Federal Code 2 CFR, parts.318-326 General Procurement Requirements:

a.) Federal Code 7 CFR Part 220.16 (d) Buy American Agriculture Provisions require the district to purchase, to the maximum extent practicable, domestic commodity or product. For foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that comprise over 51 percent domestically grown items, by weight or volume. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the 1530-03 4 Northern Mariana Islands are allowed under this provision as territories of the United States. For compliance and auditing purposes, the DCSD Child Nutrition Program requires in writing from the Supplier delivery invoices and receipts identifying the country of origin as being the United States or its territories, and in the case of a non-domestic product, a limited exception. Limited exceptions are limited exceptions to the Buy American Provision which allow for the purchase of products not meeting the "domestic" standard (non-domestic) in circumstances when use of domestic products is truly not practical.

b.) Federal Code 2 CFR 200.321 Buy American Provision supports local and small businesses. The Supplier must take all necessary affirmative steps to assure that Local, Small, Minority, and Women–owned business enterprises and labor surplus firms are used when possible.

c.) Federal Procurement Regulations 7 CFR 210.21, 215.14a, 220.16, 225.17, 226.22, and 250.4(d) direct Child Nutrition Program operators to comply with procurement requirements as outlined in those parts. In addition, all procurements shall be undertaken consistent with State and local requirements d.) Appendix II to 2 CFR 200 Contract Provisions for competitive sealed bids and IFB solicitations for all Federal awards to non-Federal entities. Suppliers must abide by all Federal, State and local laws including, but not limited to, employment laws such as Equal Employment Opportunity, Americans with Disabilities Act and the Contract Work Hours and Safety Standards Act. Undocumented (illegal immigrant) labor is not allowed to work on DCSD property.

e.) Per Appendix II to 2 CFR 200 Clauses, offers will not be solicited from, contracts will not be awarded to, and existing contracts will not be renewed or otherwise extended for any Proposer in Debarment or Suspension. Proposers must submit certification that neither it nor its principals are presently or within the past ten (10) years debarred, suspended, proposed for Debarment, declared ineligible, or voluntarily excluded from soliciting work by any governmental department or agency.

The Proposer must also certify that it has not been terminated during the performance of a contract or withdrew from a contract to avoid termination. If the Proposer cannot certify these two statements, the Proposer shall submit a written explanation of the circumstances for review by the DCSD. These certifications shall be submitted with the Proposer’s IFB.

f.) Per Appendix II to 2 CFR 200 Clauses, the Byrd Anti-Lobbying Amendment prohibits the use of appropriated funds by recipients of a “Federal contract” for purposes of influencing or attempting to influence Federal officials with the awarding of a federal contract, grant, or any other Federal award.

The Supplier certifies that it has not used and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence various government officials in making certain Federal awards.

g.) Consistent with Federal Code 7 CFR Part 220.16 (d) Buy American Agriculture Provisions require the district to purchase, to the maximum extent practicable, domestic commodity or product. For foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that comprise over 51 percent domestically grown items, by weight or volume. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the 1530-03 4 Northern Mariana Islands are allowed under this provision as territories of the United States. For compliance and auditing purposes, the DCSD Child Nutrition Program requires in writing from the Supplier delivery invoices and receipts identifying the country of origin as being the United States or its territories, and in the case of a non-domestic product, a limited exception. Limited exceptions are limited exceptions to the Buy American Provision which allow for the purchase of products not meeting the "domestic" standard (non-domestic) in circumstances when use of domestic products is truly not practical.

h.) Federal Code 2 CFR 200.321 Buy American Provision supports local and small businesses. The Supplier must take all necessary affirmative steps to assure that Local, Small, Minority, and Women–owned business enterprises and labor surplus firms are used when possible.

i.) Federal Procurement Regulations 7 CFR 210.21, 215.14a, 220.16, 225.17, 226.22, and 250.4(d) direct Child Nutrition Program operators to comply with procurement requirements as outlined in those parts. In addition, all procurements shall be undertaken consistent with State and local requirements j.) Appendix II to 2 CFR 200 Contract Provisions for competitive sealed bids and IFB solicitations for all Federal awards to non-Federal entities. Suppliers must abide by all Federal, State and local laws including, but not limited to, employment laws such as Equal Employment Opportunity, Americans with Disabilities Act and the Contract Work Hours and Safety Standards Act. Undocumented (illegal immigrant) labor is not allowed to work on DCSD property.

k.) Per Appendix II to 2 CFR 200 Clauses, offers will not be solicited from, contracts will not be awarded to, and existing contracts will not be renewed or otherwise extended for any Proposer in Debarment or Suspension. Proposers must submit certification that neither it nor its principals are presently or within the past ten (10) years debarred, suspended, proposed for Debarment, declared ineligible, or voluntarily excluded from soliciting work by any governmental department or agency. The Proposer must also certify that it has not been terminated during the performance of a contract or withdrew from a contract to avoid termination. If the Proposer cannot certify these two statements, the Proposer shall submit a written explanation of the circumstances for review by the DCSD. These certifications shall be submitted with the Proposer’s IFB.

1. LOBBYING CERTIFICATE (for bids over $100k)

Per CFR 7.3018 - A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Please see and complete Attachment

2. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

a) Termination –The Duchesne County Board of Education/School Nutrition Program reserves the right, at any time and for its convenience, to terminate the contract in whole or in any separable part by written notice to the vendor. Such notice shall be provided at least thirty (30) days prior to the intended termination date. Vendor shall be compensated for Goods accepted and for Services performed in accordance with the provisions of the contract up to the effective date of termination, less any payments previously made by the Board/SNP for such Goods or Services, but in no event shall vendor be entitled to recover loss of profits.

b) In the event that either the vendor or the Board/SNP defaults in the performance of any obligation specified in the contract, the non-defaulting party shall notify the other party in writing and may suspend the contract, in whole or in part, pending remedy of the default. If such default is not remedied within fifteen (15) days from the date of receipt of such notice or if the other party is diligently attempting to cure such default but is unable to cure such default within thirty (30) days from the date of receipt of such notice, then the non-defaulting party shall have the right to terminate the contract immediately by providing written notice of termination to the other party.

c.) Product Delivery Time: Conformation of Delivery must be made within 7-10 days. Delivery of product is expected to be within 4- 5 weeks of order date. If a contractor fails to deliver in this time frame we can notify the contractor that we are ending the contract in writing with two weeks notice.

We will award the affected product to the next vendor with an equal or equivalent product.

3.HUB STATEMENT (7CFR3016.36(e))

It is the intent of the Duchesne School District Board of Education to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms.

4.EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids over $10k)

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

5.DEBARMENT AND SUSPENSION VERIFICATION (for bids over $25k)

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4.

By signing this agreement, the bidder is testifying that they are not debarred, suspended or have any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All responses will be verified.

Contractor certifies that the Contractor and/or any of its subcontractors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Utah or any agency of the Federal government or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart

9.4. Contractor will immediately notify the School Food Authority if Contractor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal entity.

6. ENERGY POLICY AND CONSERVATION ACT STATEMENT

Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).

7. CLEAN AIR/ CLEAN WATER STATEMENT (for bids over $100k)

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. Contractor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. Contractor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Contractor’s facilities are under consideration to be listed on the EPA List of Violating Facilities.

8. RECORD RETENTION AND ACCESS CLAUSE

The Contractor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the Duchesne County Board of Education, School Nutrition Program throughout the term of the Contract for a period of at least seven (7) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

The Contractor shall permit the Auditor of the State of Utah or any authorized representative of the School Food Authority, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Contractor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Contractor shall not impose a charge for audit or examination of the Contractor’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the Duchesne County Board of Education reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

9. BID PROTEST PROCEDURES

Protests: A protest shall comply with and be resolved according to Utah Code 63G-6a 1702(2), (3) (2013).

All protest shall be in writing and shall be delivered to the address of the individual listed in the “if you have questions” on the Invitation to bid. A protest of a solicitation shall be received by the named individual before the offer due date. A protest of a proposed award or of an award shall be filed within seven days after the protestor knows or should have known the basis of the protest.

A protest shall include:

_ the name, address, and telephone number of the protestor;

_ the signature of the protestor or an authorized representative of the protestor;

_ Identification of the purchasing agency and the solicitation or contract number;

_ a. detailed statement of the legal and factual grounds of the protest including copies of relevant documents:

_ The form of relief requested

The Duchesne County Board of Education shall in all instances disclose information regarding protests to the State Agency.

10. NON-COLLUSION STATEMENT

"I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, and certify that I am authorized to sign this bid for the Bidder per O.C.G.A.50-5-67. I further certify that the provisions of the official code of Georgia annotated 45-10-20 et seq. have not and will not be violated in any respect."

11. CODE OF CONDUCT 7CFR3016.36(3)

The following conduct will be expected from all persons who are engaged in the procurement process that uses School Nutrition Program funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the Duchesne County Board of

Education shall participate in selection or in award or administration of a contract supported School Nutrition Program funds if conflict of interest, real or apparent, would be involved Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award: The employee, office, or agent; Any member of his/her immediate family; His or her partner; An organization which employs or is about to employ one of the above. Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to sub-agreements; and the purchase of any food or service from a contractor for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the Board of Education and an outside agency. Individual sales by any school person to an outside agency or other school person is prohibited.

Failure of any employee, officer, or agent to abide by the above stated code could result in a fine, suspension, or both, or dismissal. Interpretation of the code will be given at any time by contacting the School Nutrition Department.

The Board of Education will not be responsible for any other explanation or interpretation which any one presumes to make on behalf of the Board of Education

12. DUTY TO EXAMINE

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing the offer after the offer due date and time nor shall it give rise to any contract claim.

13. EXCEPTIONS TO TERMS AND CONDITIONS

A bid that takes exception to a material requirement of any part of this solicitation, including a material term and condition, shall be rejected.

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. HACCP REQUIREMENTS

The Duchesne County School District/School Nutrition Program expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers. Prior to awarding the bid, the Board/SNP may require documentation verifying that a written HACCP plan is followed.

2. PROPRIETARY INFORMATION: (Particularly applicable to purchase systems that require a vendor to include the cost paid for a product and where promotional allowances are offered)

If a bidder submits any document with the bid that is considered to be proprietary in nature or is considered to be a trade secret, the bidder shall notify the school district that the documents are included in the bid. The school district will honor the request unless or until a competing bidder asks to have access to the information. In such a case, the school district will notify the affected bidder that a challenge has been made. If the affected bidder can produce a court issued restraining order within ten calendar days subsequent to the notification, the information will remain confidential and shall not be released pending subsequent court action. If the restraining order is not received within the ten working day period, the information will be released and the school district shall not be held liable.

3. TRADE NAME, CHILD NUTRITION (CN) LABELS AND GRADE

a) Bidders are required to list packer, manufacturer, manufacturer’s code (item number) brand, where indicated on bid documents.

b) When bidding house labels, Bidder is required to indicate packer name, packer location and product number.

c) Grade must be listed for all food products.

d) Upon request, the vendor shall submit CN labels; nutritional analysis sheets; ingredient lists;

prep/cooking instructions; and reports indicating meat/meat alternates; breads; fruits; and vegetables to document compliance with specifications. All food items shall be properly labeled.

4. FOOD RELATED TERMS AND CONDITIONS

Inspection and testing: The contractor agrees to permit access to its facilities at reasonable times for inspection of the materials covered under this contract, and the contractor’s facilities. The school district shall also have the right to test at its own cost the materials supplied under this contract.

Net container quantity: The minimum net quantity of all products in cans and jars shall be in accord with the Federal Food, Drug and Cosmetic Act. The individual specifications for standard of fill for the products as prescribed in 21 CFR shall be applied.

Product protection guarantees: School districts have “automatic” product protection recourse against suppliers for product safety. According to Federal regulations, the supplier whose name and address appear on the package is the responsible party. Contractors are expected to take immediate action to correct any situation in which product integrity is violated.

Quantities: The quantities indicated on the product list are based on previous year’s purchases and are accurate to the best of our ability. However, Contractors must understand that the fact that a quantity is stated on an item does not constitute a guarantee to purchase any amount in excess of requirements.

Brand identification: This is a qualified product specification. Bidders must bid on the specific name brand items requested. Deviations from this requirement will not be considered. When “Distributors Choice” is used in the approved brand column the distributor may offer a price on any brand. The brand on which the price is offered must be stated in the bid documents and cannot be changed during the effective period without the permission of the school district. When “Private Label” is used in the approved brand column the appropriate quality level of the private label included in the Corporate/Cooperative labeling chart in this document shall be bid. The vendor only needs to circle the word private label and the school district can be assured that the brand bid is the same as the chart.

Standards of identity: All products must conform to U.S. minimum standards of identity as authorized by the Food, Drug and Cosmetic Act and the supporting regulations in 21 CFR. Failure to comply places the contractor in violation of the contract with the school district as well as Federal law.

Unit price prevails: Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

Units of purchase: Whenever wholesale units of purchase are standardized, i.e., 6/#10, the bid unit is specified as case, box, etc. If case, bag or box is the bid unit, then the description will specify the exact pack. When a potential contractor wishes to quote a pack size which is different from the unit specified in the product description, a different size may be quoted, but the total quantity must be adjusted.

The potential contractor shall always mark out the pack specified and insert the pack being bid. The adjustment shall be made in the total quantity. A change in the bid unit or cost per unit is not acceptable.

On items where the bid unit is specified in other terms, a space will be provided for potential contractors to enter the pack of the item being quoted. The potential contractor must complete this space when provided. If the pack size is followed by the word “only” the potential contractor must bid on the pack specified.

Weights: Weight of product shall be measured in G grams, OZ ounces, or LBS pounds.

Drained weights: Drained weight of "wet pack" items shall conform to good industry practices and the minimum requirements of the Federal Food, Drug and Cosmetics Act. The individual products shall conform to drained weights as prescribed in the individual specifications of each product in 21CFR.

Except for whole tomatoes, drained weight is not a factor in USDA grades.

Substitutions: If a contractor is temporarily out of stock of a particular item, an equal or superior product at an equal or lower price may be delivered, with prior approval of the school district. If a contractor is unable to deliver a product or an approved substitute product, the school district shall, in good faith and in its sole discretion, purchase a product of equal or greater quality from another source. The contractor shall pay the difference in the amount paid for the substituted product and the amount of the contracted price.

Product Delivery Time: Conformation of Delivery must be made within 7-10 days. Delivery of product is expected to be within 4- 5 weeks of order date. If a contractor fails to deliver in this time frame we can notify the contractor that we are ending the contract in writing with two weeks notice.

We will award the affected product to the next vendor with an equal or equivalent product.

5. METHOD OF PAYMENT and PRICING INFORMATION

Board/SNP IS ALLOWING for economic price adjustments during the contract period.

A) Prices - Prices shall remain firm for the term of the contract, unless economic adjustments are agreed upon by both parties and based on the index.

Price escalation language:

· Vendors may petition for increases in the invoice price once every three (3) months.

· Vendors may petition for an increase based on an emergency created by unusual market conditions

· Petitions for increases shall be received by the school a minimum of 15 days prior to the effective date.

· Petitions for increases shall be based on the cost of product only.

· Vendors may propose an alternate market research source. The school district will decide on the alternate source based on the experience of the firm, the market research methodology, and references provided by the market research firm.

· If a petition for an increase is not covered by a third-party market bulletin, the school district may request that the vendor obtain new price quotes from several sources.

· The vendor is expected to pass market decreases on to the school district. The school district may petition for an invoice decrease based on third party market reports.

b) The successful Bidder warrants that the bid price(s), terms and conditions stated in his/her bid shall be firm through the bid process and until the time the award is made at which time prices shall remain firm and fixed for the entire contract period.

c) All bid prices must include all charges for packing and transporting to the individual schools listed at the addresses on the attached sheet.

d) Prices will not include Federal Excise Tax or State Sales Tax.

e) The Board/SNP will make payment within thirty (30) days of receipt of the invoice for properly received goods and services after inspection and acceptance of the product by the Board/SNP. Advance billings are not allowed. Where partial delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30) days under conditions as above.

f) Invoicing

Invoices, at minimum, shall consist of the following information:

1. Delivery location

2. Item description and cost

3. Extended cost for total quantity purchased

4. Total cost of all products purchased

5. For non-American products country of origin must be listed on invoice

Invoices should be mailed to:

Duchesne County School District

Child Nutrition Department 1010 E 200 N or emailed to Heather Cook: hcook@dcsd.org

6. METHOD OF SHIPMENT/DELIVERY

a) Orders and deliveries - Orders and deliveries shall be supplied by the vendor as requested and specified except during an emergency and on holidays.

b) All orders are to be delivered on Monday through Thursday excluding holidays

c) All deliveries are to be F.O.B Destination to:

Duchesne School District Warehouse 1612 N 700 E Duchesne Utah 84021

d) In an emergency situation in which the Board/SNP requires delivery in less than 2 days and the vendor cannot provide the goods within the emergency delivery period, the Board/SNP has the option to purchase those goods from another source with no penalty to either party.

e) Delivery schedules that fall on a holiday will be made the following business day.

f) Delivery of product must be made in a well-maintained refrigerated truck. All deliveries shall be placed in the area designated by the designee. Under no circumstances may a delivery be left outside the building. Deliveries must be received as specified.

7. EVALUATION FACTORS

a) Bids will be evaluated in accordance with the required specifications as listed in this IFB. At the Board/SNP’s discretion, a bid may be eliminated from consideration for failure to comply with any required specification, depending on the nature and extent of non-compliance. In addition to meeting mandated specifications, bids will be evaluated for the ability of the Bidder to provide, in the Board/SNP’s opinion, the best overall solution to meet the Board/SNP's specifications.

b) The Board/SNP reserves the right to award a single contract for the total requirement of the IFB or award multiple contracts on a group or line-item basis in any combination that best serves the interest of the Board/SNP.

8. ADDITIONAL BID INSTRUCTIONS

a) Bid modifications - Bids cannot be modified after receipt of bids. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Bidder to disqualification. The Board/SNP reserves the right to request information or respond to inquiries for clarification purposes only.

b) Bid withdrawal - Bidders may withdraw bids at any time up to the scheduled time for receipt of bids.

Bidders desiring to withdraw their bid must submit the purpose for withdrawal in writing to the School Nutrition Board/SNP before the bid opening deadline (bid close date). Bidders may resubmit bids provided it is prior to the scheduled time for receipt of bids.

c) Addenda -If clarification of the specifications/instructions is required the request shall be made in writing not later than seven working days prior to the time and date set for the bid opening. The school district will respond to the request in the form of an addendum issued to all potential bidders. No addenda will be issued within five working days of the date and time of bid opening. Should a question arise which requires clarification during this time period the date and time of bid opening will be delayed to allow issuing an addendum.

d) Bid examination -

1) Bidders shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Bidder of responsibility for the same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

2) Bids will be considered as conclusive evidence of complete examination and understanding of the terms and conditions of the bid documents including the specifications and all requirements thereof of the IFB. It is understood that submission of a bid indicates full acceptance of the same by the parties submitting the bid. Furthermore, by submitting a bid the Bidder waives the right to claims for additional time or monetary compensation for all work without limit required to complete the contract which could have been obtained by the Bidder through examination of all documents, or raising a question regarding requirements prior to submitting a bid.

e) Rejection or Disqualification of bids -

1) A bid that is incomplete, obscure, conditioned or contains additions not called for or irregularities of any kind, (including alterations or erasures), which are not initiated, may be rejected as non-conforming.

2) The Board/SNP reserves the right to waive a bid’s minor irregularities if rectified by Bidder within three business days of the Board/SNP’s issuance of a written notice of such irregularities.

3) The Board/SNP reserves the right to disqualify bids upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder.

4) Issuance of this IFB in no way constitutes a commitment by the Board/SNP to award a contract.

The Board/SNP reserves the right to accept or reject, in whole or part, all bids submitted and/or to cancel this solicitation if it is determined to be in the best interest of the Board/SNP.

5) Any Bidder who has demonstrated poor performance during a current or previous Agreement with the Board/SNP may be considered a non-responsible Bidder and their bid may be rejected.

The Board/SNP reserves the right to exercise this option as is deemed proper and/or necessary.

6) The Board/SNP reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the Board/SNP.

9. ORDERING INFORMATION

a) Credit - A credit or replacement will be issued for damaged or unacceptable food. All such transactions are to be worked out with each designee. Replacement of damaged or unacceptable food will be made no later than the next delivery date.

b) Inspection - Upon delivery of product, the items will be inspected by the facility, and if found to be defective or failing in any way to meet specifications as indicated, the items may be rejected or returned.

Problems found with products due to concealed damage will be addressed on a case-by-case basis. The rejected product must be picked up no later than the next delivery date.

c) Emergency orders - In an emergency situation in which the Board/SNP requires delivery in less than two (2) days and the Contractor cannot provide the supplies within the emergency delivery period, the Board/SNP has the option to purchase those supplies from another source with no penalty to either party.

d) Estimated Quantities - The quantity is identified as “estimated” and it shall be understood and agreed that quantities listed are estimates only and may be increased or decreased. Therefore, if the amount ordered is less than that shown, that fact shall not constitute the basis for a price adjustment nor will the Board/SNP be responsible for ordering/paying for the resulting difference.

10. AMENDMENTS AND MODIFICATIONS OF CONTRACT

The contract between the Board/SNP and the vendor shall not be amended or modified, nor shall any of its terms be waived, except in writing and executed by both parties.

11. ASSIGNMENT

The vendor shall not assign, transfer, convey, delegate, sublet, or otherwise dispose of its agreements with the Board/SNP, or its rights, title, or interest herein, or its power to execute such agreement, to any other person, company, or corporation without the previous consent and written approval by the Board/SNP.

12. INDEMNIFICATION

Indemnification: The contractor shall defend, indemnify and hold harmless the school district from any claim, demand, suit, liability, judgment and expense (including attorney’s fees and other costs of litigation) arising out of or relating to injury, disease or death of persons or damage to or loss of property resulting from or in connection with the negligent performance of this contract by the contractor, its agents, employees, and subcontractors or any one for whom the contractor is responsible. The contractor’ liability shall not be limited by any provisions or limits of insurance set forth in this contract. The obligations, indemnities and liabilities assumed by the contractor under this paragraph shall not extend to any liability caused by the negligence of the school district or its employees.

13. TIME OF PERFORMANCE

a) Notwithstanding any delay in the preparation and execution of the formal contract agreement, the Contractor shall be prepared, upon written notice of bid award, to commence delivery of goods pursuant to the award on July 1, 2026 through June 30, 2027.

b) The Contractor must comply with the time of performance.

14. FORCE MAJEURE

Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by reason of Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, Force Majeure includes acts of God; fire; flood; or other similar occurrences beyond the control of the contractor or the school district.

15. EXCEPTIONS

A Bid submitted in response to this IFB constitutes a binding offer to comply with all terms, conditions, special conditions, general specifications, and requirements stated in this IFB, except to the extent that a Bidder takes exception to such provisions. To take exception to a provision of this IFB, the Bidder must clearly identify in the BID EXCEPTION FORM: (a) the number and title of each section of this IFB that the Bidder takes exception to; (b) the specific sentence within such section that the Bidder takes exception to; and (c) any alternate provision proposed by the Bidder.

16. WARRANTY

Successful Bidder shall fully warrant all PRODUCTS furnished under the terms of this contract, against poor and inferior quality. Time is of the essence of this contract. While under warranty, a successful Bidder shall replace any damaged or inferior product in a timely manner to minimize the disruption of the Board/SNP's operations.

17. Gifts and gratuities:

Acceptance of gifts from contractors and the offering of gifts by contractors are prohibited. No employee of the school district purchasing products under provisions of the contract issued as a result of this invitation shall accept, solicit, or receive, either directly or indirectly, from any person, firm or corporation any gift or gratuity.

18.Pre-bid conference:

If a pre-bid conference has been scheduled under this solicitation, the date, time and location of it appear on the solicitation’s cover sheet or elsewhere in the IFB. An offeror should raise any questions it may have about the solicitation or the procurement at that time. An offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the solicitation shall be answered solely through a solicitation addendum.

19. Severability:

The provisions of this contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the contract.

20. Waiver and rejection rights:

Notwithstanding any other provisions of the solicitation, the school district reserves the right to:

Waive any immaterial defect or informality;

Reject any and all offers or portions thereof; or Cancel a solicitation.

21. Release from contract:

In the event the market for a product covered by this request escalates to a point that the vendor is delivering the product at less than cost, the vendor may petition for release from the contract. The petition shall be supported by a third-party market bulletin. The decision to release the vendor from the contract will be based on the difference between the market at the time of the bid opening and the current market for this item.

ATTACHMENT A

Food Specifications

Food Specs are on attached Google sheet labeled Attachment A # 08_ 26-27 SY Food Items and Paper

Bid.

VENDOR BID FORM

Notice to Bidders:

It is essential that the submitted Bid complies with all the requirements contained in this IFB. The undersigned Bidder agrees, if this bid is accepted, to enter into an agreement with the Board/SNP on the form included in the Contract Documents to perform and furnish all products as specified or indicated in the contract documents.

This Bid is submitted to:

Duchesne School District Board of Education

School Nutrition Division

1010 E 200 N

This Bid is submitted on this date: ___________________________

This Bid is valid for 30 from the date of the public opening of the bids.

Communications and questions regarding this bid are to be directed to:

Contact Name/Title: _______________________________

Contact Telephone: _________________________

Contact Email: __________________________

Receipt of Addenda:

In submitting this Bid, Bidder represents that they have received and examined the following…