_2. Bid General Conditions 2025- 2026.pdf

BREWSTER CENTRAL SCHOOL DISTRICT

CHILD NUTRITION SERVICES

30 FARM TO MARKET ROAD

BREWSTER, NY 10509

GENERAL CONDITIONS

All invitations to bid issued by the above named school district will bind bidders and successful bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by the school district.

For Period: July 1, 2025 - June 30, 2026

For use in the School Food Service Program of:

Brewster High School, 50 Foggintown Road, Brewster, NY 10509 C.V. Starr Intermediate School, 20 Farm to Market Road, Brewster, NY 10509 Henry H. Wells Middle School, 570 Route 312, Brewster, NY 10509 John F. Kennedy Elementary School, 31 Foggintown Road, Brewster, NY 10509

A bidder shall not have a minimum order delivery nor a delivery charge of any kind (i.e. fuel charges, shipping or handling charges), associated with the items awarded on any bid for the period of this contract July 1, 2025 – June 30, 2026. Deliveries between 6:30 a.m. to 1 p.m. only!!

Quantities listed on the bids are the approximate amounts purchased during the 2025 - 2026 school year and shall be used by the bidder in computing a lump sum bid for this contract. The Board of Education shall in no way be limited or obligated to such quantities.

The successful bidder shall state item size and case count.

All bid items must be in stock, no special orders will be accepted.

The district reserves the right to renew and extend the executed contract agreement pertaining to all current prices, terms, conditions and specifications upon mutual agreement between the District and the Vendor for an additional one (1) year but not to exceed four (4) additional one (1) year periods.

Escalator Clause:

In the event the successful bidder must increase the price during the duration of the bid period, the bidder must give the district a thirty (30) day written notice of any price increase.

Proof of the need for an increase must accompany the notice in the form of actual manufacturer invoices to the distributor showing the increased cost. The increase accepted by the district shall be limited to said amount. Upon receipt of written notice, the district will either accept the price increase, offer the bid to the lowest bidder or bidders, or conduct a new bid, at the discretion of the Child

Nutrition Director. Under no circumstances will price increases be accepted without a thirty (30) day written notice.

Milk Bid:

Provide 1 – 16 case lockable milk coolers in good working order at all of the above locations.

Delivery two (2) times per week during the hours of 7:00 a.m. to 9:00 a.m.

Fluid milk includes pasteurized fluid flavored nonfat milk, skim milk, or 1% milk that must meet State and local standards for such milk. The milk must contain vitamins A and D at levels specified by FDA, and must be consistent with State and local standards. Milk must be hormone and antibiotic free.

It is understood that prices quoted in this bid are based on the Class 1-A price per hundred weight established for May 2020 under the terms of Federal Marketing Order #2 for the New York-New Jersey Milk Marketing Area and/or New England Milk Cooperatives. If the Class 1-A price is thereafter increased or decreased, the amount of the increase shall be added and/or the amount of the decrease deducted from the rate of payment under this contract. Such increases or decreases shall be effective for the same periods of time as those established by Federal Order#2.

The successful bidder will supply a Price Change Notification Sheet for each month (July 2025 - June 2026) indicating product number, product description, new price, old price, difference and the per hundred weight for the new month.

Milk will be awarded to one vendor only.

Grocery Bid:

Required delivery two times a week

It is preferred that products are free of trans-fats, hydrogenated oils, high fructose corn syrup, hormones & antibiotics, processed & artificial sweeteners, artificial preservatives & bleached flour.

All snacks must be in compliance with “USDA Smart Snacks in Schools”

All beverages must be in metal or plastic containers. NO Glass bottles permitted.

Bread Bid:

Whole grain rich foods must meet one of the following:

● Product ingredient label listing lists whole grain first

● Whole grains per serving must be ≥ 8 grams

● Product includes FDA’s whole grain health claim on packaging

Nutrition and ingredient information must be provided upon request.

Bread will be awarded to one vendor only.

Ice Cream Bid:

Successful Ice Cream bidder must supply freezers in good working order to the following locations:

1 – Brewster High School 1 – Henry H. Wells Middle School 1 – C. V. Starr Intermediate School 2 – John F. Kennedy Elementary School

ALL ICE CREAM PRODUCTS MUST BE NUT FREE

Ice Cream will be awarded to one vendor only.

Paper Goods and Cleaning Supplies Bid: - will be awarded to one vendor only.

BUY AMERICAN" National School Act Requirement

The 1998 reauthorization of the National School Lunch Act (NSLA) included language that requires schools in the contiguous United States (U.S.), to the maximum extent practicable, to purchase products produced in the U.S. when buying with federal funds. This includes all money received from children as payment for program meals, all proceeds from the sale of competitive foods, and all other income generated by the school food service, which must accrue to the food service account. As defined in the legislation, a domestic food commodity is an agricultural commodity (for example, meat, fruit, vegetable or grain) that is produced in the U.S. A domestic food product is processed in the U.S. substantially using domestic agricultural commodities. Substantial means that over 51 percent of the processed food comes from American produced products. Regulations implementing these requirements (7CFR 210.21 (d) and 220.16 (d)) were published on September 20, 1999.

All items must be manufactured in the USA (pineapples and mandarin oranges may be purchased outside the USA). Vendors must provide nutritional data and meal contribution accountability documents upon request.

Preference given to products from New York state farmers, growers, producers or processors.

CONTRACTOR REQUIREMENTS AND PROCEDURES FOR EQUAL EMPLOYMENT AND BUSINESS

PARTICIPATION OPPORTUNITIES FOR MINORITY GROUP MEMBERS AND NEW YORK STATE CERTIFIED

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES

In accordance with Article 15-A of the New York State Executive Law and regulations adopted pursuant thereto, OGS may establish separate goals for participation of New York State Certified minority and women-owned business enterprises, at the time of the acquisition, if the acquisition will result in a State contract (1) in excess of $25,000 for the labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. As a condition of award of the Contract, the Contractor agrees to be bound by the following to promote equality of economic opportunities for minority group members and women and for the facilitation of minority-and women-owned business.

A. Equal Employment Opportunity Requirements

By submission of a bid or proposal in response to this solicitation, the Officer agrees with all of the terms and conditions of Appendix A including Clause 12- Equal Employment Opportunities for Minorities and Women. The contractor is required to ensure that it and any subcontractors awarded a s subcontract over $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements theron (the “Work”) except where the Work is for beneficial use of the Contractor, shall undertake or continue programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation. The requirement does not apply to: (i) work, goods or services unrelated to this contract;

or (ii) employment outside of New York State.

B. Business Participation Opportunities for New York State Certified Minority and Women Owned Business Enterprises (MWBE).

By submission of a bid or proposal in response to solicitation, the Offeror agrees to make every good faith effort to promote and assist the participation of New York State Certified Minority and Women-owned Business Enterprises (MWBE) as subcontractors and suppliers on this contract for the provision of services and materials. The Directory of New York State Certified Minority and Women-owned Businesses can be viewed at: http://www/esd.ny.gov/mwbe.html .

http://www/esd.ny.gov/mwbe.html

TERMINATION OF CONTRACT

Termination for the District’s convenience. The District reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the District using its standard record keeping system, have resulted from the termination. The contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

Termination for cause. The District may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the District, upon request, with adequate assurances of future performance. In the event of termination for cause, the District shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the District for any and all rights and remedies provided by law. If it is determined that the District improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

FOR SAFETY REASONS, DELIVERY PERSON MUST BE ABLE TO PROVIDE

IDENTIFICATION.