2-RFB 19-26-BC Food Products and Non Durable Kitchen.pdf

COUNTY OF BERNALILLO

STATE OF NEW MEXICO

INVITES YOUR FIRM TO OFFER A BID ON:

RFB # 19-26-BC

Food Products and Non-durable Kitchen Supplies

AS SPECIFIED IN THE ATTACHED BID DOCUMENTS.

Deadline for Receipt of Bids: January 5, 2026 2:00 p.m. (Mountain Time)

The County eProcurement System will not allow Bids to be submitted after this date and time.

FIRM NAME

STREET ADDRESS/P.O. BOX

CITY, STATE, ZIP CODE

TELEPHONE NUMBER E-MAIL ADDRESS FAX NUMBER

DEFINITIONS

This section contains definitions that are used throughout this Request for Bids (RFB), including appropriate abbreviations.

“Agreement” means any contract for the procurement of items of tangible personal property, services or construction.

“Addendum” means an addition or supplement to the RFB document, for example, items or information added to the RFB.

“Award of Contract” shall mean a formal written notice by the Purchasing Section.

“Bidder” means one who submits a response to an invitation for Request for Bid (RFB).

“Contractor” shall mean successful Bidder.

“County” shall refer to the County of Bernalillo, New Mexico.

“Central Purchasing Office” means the County Purchasing Section.

“County Purchasing Section” of the Procurement and Business Services Department, means the purchasing agent for the County of Bernalillo, New Mexico, or a designated representative thereof.

“Firm Fixed Price Contract” means a contract which has a fixed total price or fixed unit prices.

“Indefinite Quantity Contract” means a contract which requires the Contractor to furnish an indeterminate quantity of specified services, items of tangible personal property or construction during a prescribed period of time at a definite unit price or at a specified discount from list of catalogue prices.

“Local Business Preference” means a business that holds a valid Resident Native American Business/Contractor certificate issued by the State of New Mexico Taxation and Revenue Department and maintains an office and place of business in Bernalillo County, which is staffed and open to the public on a regular basis. If necessary, the County may seek additional information or proof to verify eligibility for the Local Business Preference, pursuant to §13-1-22 NMSA 1978 and Ordinance §2-367.

“Multiple Source Award” means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Bidder.

“Pay Equity Preference” means any business that maintain a zero percent (0%) deviation between the salaries paid to men and salaries paid to women for comparable positions, as reported in the Pay Equity Reporting form that has been submitted by the Offeror.

“Preference Limitations” is the total amount of all preferences applied including the applicable State of New Mexico preferences, for the purchase of Tangible Personal Property, Services or Construction in any single award shall not exceed 18%, with the limit on State of New Mexico preferences as set forth under the New Mexico State Procurement Code. When applying the Bernalillo County preferences as set forth in Ordinance §2-367, the total dollar amount of Bernalillo County preferences shall never exceed $180,000.00.

“Pre-bid Conference” means a meeting held with prospective Bidders prior to solicitation of bids, to clarify any ambiguities, answer Bidder questions, and ensure all Bidders have a common basis of understanding regarding the items of tangible personal property or services required.

“Purchase Order” means the document issued by the Purchasing Section, which directs a Contractor to deliver items of tangible personal property or services pursuant to the Award of a Contract.

“Request for Bids” or “RFB” means all documents, including those attached or incorporated by reference, used for soliciting bids.

“Resident Business/Contractor Preference” means a business that has a valid resident or Native American business certificate issued by the taxation and revenue department pursuant to §13-1-22 NMSA 1978 but does not include a resident veteran business.

“Resident Veteran Business/Contractor Preference” means a business that has a valid resident or Native American veteran business certificate issued by the taxation and revenue department pursuant to §13-1-22 NMSA 1978.

“Responsible Bidder” means a business entity or individual who has the ability to fulfill the solicitation expectations and requirements, including but not limited to financial and technical capacity to perform the requirement of the solicitation and subsequent Contract; “Responsive Bid” means a Contractor, business entity or individual who has submitted a bid or proposal that fully conforms in all material respects to the Request for Bids and all of its requirements including all form and substance.

“Small Business Preference” means a business that has a Local Business Preference eligibility documentation as well as an affidavit from a Certified Public Accountant (CPA) affirming that the business employs an average of fewer than 50 full-time employees in a calendar year. Ordinance §2-367.

“Specifications” means a description of the physical or functional characteristics or of the nature of items of tangible personal property, services or construction. “Specifications” may include a description of any requirement for inspecting or testing, or for preparing items of tangible personal property, services or construction for delivery.

FORMAL BID

SUBMITTAL REQUIREMENTS

THE REQUIREMENTS CHECKED BELOW APPLY TO THIS BID. FAILURE TO COMPLY WITH THE STATED

REQUIREMENTS MAY RESULT IN IMMEDIATE DISQUALIFICATION.

Nothing herein is intended to exclude any responsible bidder or in any way restrain or restrict competition.

All responsible bidders are encouraged to bid and their bids are hereby solicited.

XXX Please acknowledge receipt of Addendum (if applicable) by initialing next to the number of Addendum received. 1. _______ 2. _______ 3. _______ 4. _______

XXX

This procurement is subject to the Application of Preferences pursuant to §13-1-21 and §13-1- 22, NMSA 1978 and the County Ordinance §2-367. See page 28-29 for further details.

XXX Bidder shall disclose any conflict of interest in writing and submit the information with the bid in accordance with paragraph 9 of the General Terms and Conditions (page 5).

XXX The bid must be signed by an authorized representative below. Failure to sign may result in disqualification.

XXX

If a prompt payment discount is offered, it is required that a minimum of twenty (20) days be allowed for payment in order for the discount to be considered. Please state your discounted terms: _____________________.

XXX

Pay Equity Documentation:

Bidder shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at: www.bernco.gov/general-services/pay-equity.aspx. See page 7 and “Application of Preferences” (pages 29-30) Failure to submit the Pay Equity Form may result in disqualification of the bid submittal.

XXX

Unfair Business Practices Disclosure:

Bidder must submit with their bid the completed “Unfair Business Practices Disclosure Form” (see page 28). Failure to complete and return the signed unaltered form may result in disqualification.

XXX Bid must be a firm fixed price and include all incidental charges. See Pricing Section for further details on pages.

XXX All prices shall be F.O.B. Destination.

XXX

All bids shall be submitted electronically through the County’s eProcurement system Bonfire. A complete bid including all forms, attachments and exhibits shall be uploaded to the eProcurement system https://bernco.bonfirehub.com/portal/?tab=openOpportunities. Please allow a minimum of 24 hours to submit your bid. If you do not have a username and password, please register at https://bernco.bonfirehub.com/login as this is the only method to submit electronically on the Bonfire portal. For assistance, please contact support@gobonfire.com. Failure to submit your bid electronically through the County’s eProcurement system shall result in your bid being deemed nonresponsive.

In compliance with this Request for Bid and subject to all terms and conditions referenced within this RFB hereof, the undersigned offers and agrees to furnish its services upon which prices are quoted at the price submitted with this bid and hereby certify that I am authorized to sign this bid for the firm and agree to furnish as indicated below:

Signature: Fed ID No.:

Name (type/print): Title:

http://www.bernco.gov/general-services/pay-equity.aspx http://www.bernco.gov/general-services/pay-equity.aspx https://bernco.bonfirehub.com/portal/?tab=openOpportunities https://bernco.bonfirehub.com/login mailto:support@gobonfire.com

GENERAL TERMS AND CONDITIONS

Below are the County’s Purchase Order General Terms and Conditions.

1. INSPECTION AND AUDIT: A. The County may inspect, at any reasonable time, any part of Contractor’s plant or place of business, which is related to performance of the services described herein. Acceptance of delivery shall not be considered acceptance of the materials, supplies or services furnished. Final inspection will be made at the destination upon completion of delivery of goods and services. Final inspection shall include any testing or inspection procedures required by the specifications. B. The Contractor shall maintain detailed time records, which indicate the date, time and nature of services rendered. Contractor shall maintain detailed records of all materials or supplies delivered to the County, including serial number and other appropriate identifiers. These records shall be subject to internal and external audit. The County shall have the right to audit billings both before and after payment. Payment under the resultant agreement shall not preclude the County from recovering excessive, erroneous or illegal payments previously made by the County.

2. ASSIGNMENT: The Contractor shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County.

3. TERMINATION AND DELAYS: The County may by written notice stating the extent and effective date, terminate for convenience in whole or in part, at any time: the County shall pay Contractor as full compensation for performance until such termination: A. the unit or pro rata order price for the delivered and accepted portion; and B. incidental damages, not otherwise recoverable from other sources by Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the issued Purchase Order, provided compensation hereunder shall in no event exceed the total Purchase Order price. Such amount will be limited to Contractor’s actual cost and may not include anticipated profits. The County shall not be liable for consequential damages.

The County may by written notice terminate in whole or in part for Contractor’s default if Contractor refuses or fails to comply with the provisions of the terms and conditions contained herein and/or the County’s Purchase Order, or fails to make progress so as to endanger performance and does not cure such failure within a reasonable period of time. In such event the County may otherwise secure the materials, supplies or services ordered, and Contractor shall be liable for damages suffered by the County thereby, including incidental and consequential damages.

If after notice of termination, the County determines Contractor was not in default, or if Contractor’s default is due to failure of the County, termination shall be deemed for the convenience of the County.

The rights and remedies of the County provided in this article shall not be exclusive and are in addition to any rights and remedies provided by law.

4. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION: The Contractor agrees to abide by all Federal and State laws and regulations pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

5. PENALTIES: The County Ordinance imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

6. TITLE AND DELIVERY: Title to the materials and supplies passed hereunder shall pass to the County upon acceptance at the F.O.B. destination point specified subject to the right of the County to reject for any exception to the delivery date specified. The Contractor shall give prior notification and obtain approval thereto from the County Purchasing Section.

7. APPLICABLE LAW: The laws of the State of New Mexico shall apply.

8. COMPLIANCE WITH APPLICABLE LAW: The Contractor shall comply with all applicable state, federal, municipal and county laws, rules and ordinances.

9. CONFLICT OF INTEREST: The Contractor warrants that he/she presently has no interest and shall not acquire any, which would conflict in any manner or degree with the performance of services required under this procurement. Contractor must disclose any conflict of interest in writing. Definition of conflict of interest includes, but is not limited to, the following: A. relationship, if any, with a County employee; state their name and position, B. the County employee connected in any way with your firm, C. if any type of commitment is/has been given to your firm, by a County employee, state their name and position held.

10. WARRANTIES: Contractor warrants the materials, supplies or services furnished to be exactly as specified, free from defects in Contractor's design, labor, materials and manufacture, and to be in compliance with any drawings or specifications incorporated herein and with any samples furnished by Contractor. All applicable UCC warranties, express and implied, are incorporated herein.

11. ACCEPTANCE: The County may reject acceptance of any material, supplies, or services found to be defective or not as specified. At the County’s option the Contractor shall be required to a.) Correct without charge within a reasonable time, or b.) Deliver an equitable substitute at a reduced price. The County may revoke acceptance of any material, supplies or services, if a defect substantially impairs the value to the County and is discovered after acceptance. Should this occur, the Contractor shall reimburse the County for all incidental and consequential costs related to unaccepted materials, supplies or service, notwithstanding final acceptance; acceptance of material, supplies, or services shall not waive the County’s right to claim damages for breach.

12. CHANGES: The County may make changes within the general scope of the procurement by giving notice to Contractor and subsequently confirming such changes in writing via a Purchase Order change notice. If such changes affect the cost of, or the time required for performance, an appropriate equitable adjustment shall be made. No change by Contractor shall be recognized without written approval of the County. Any claim of Contractor for an adjustment under this paragraph must be made in writing within thirty (30) days from the date of receipt of Contractor of notification of such change, unless the County waives this condition. Nothing in this paragraph shall excuse Contractor from proceeding with performance as changed hereunder.

13. PATENT AND COPYRIGHT INDEMNITY: Contractor shall pay all royalty and license fees relating to deliverables and other items covered hereby. In the event any third party shall claim that the reproduction, manufacturer, use or sale of goods or items covered hereby infringes any copyright, trademark, patent or other intellectual property rights, Contractor shall indemnify and hold the County harmless from any cost, expense, damage or loss resulting therefrom.

14. DISCOUNTS: Any discount time will not begin until the materials, supplies, or services have been received and accepted and correct invoice received by the Purchasing Section. In the event testing is required, the discount time shall begin upon the completion of the tests.

15. PAYMENT CHARGES: Late payment charges shall be paid in the amount and under the conditions stated in County Ordinance §2-381.

16. APPROPRIATIONS: The terms of this Agreement are contingent upon the County Commission making the appropriations and authorizations necessary for the performance of the Agreement. If sufficient appropriations and authorizations are not made by the County Commission, any Agreement resulting from this Request for Bids may be terminated at the end of the County’s then current fiscal year upon written notice given by the County to the Contractor. Such event shall not constitute an event of default. All payment obligations of the County and all of its interest in this Agreement shall cease upon the date of termination.

The County’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

SUPPLEMENTAL TERMS AND CONDITIONS

1. POWER OF THE COUNTY: The County reserves the right to accept or reject any and/or all bids and unless otherwise specified by the Bidder, to accept any item in the bid, to waive technicalities, to inspect, and/or to make any investigation deemed necessary of a Bidder’s ability to provide the material, supplies or services covered by the Specifications or other criteria documents and to accept what in its judgment is the best bid.

Without limiting the generality of the foregoing, any bid which is incomplete, obscure or irregular may be rejected; any bid having erasures or corrections in the price sheet(s) may be rejected; any bid in which unit prices are omitted, or which are accompanied by an insufficient or irregular Bid Bond or other requirements may be rejected. The County also reserves the right to reject the bid of a Bidder who has previously failed to perform properly, provided inferior material, supplies, or services, provided inferior workmanship, or attempted to use substandard equipment, caused excessive inspection by the County to insure good workmanship, or utilized poor construction methods, or failed to complete an agreement of similar nature on time, or the Bidder is not in a position to perform the work governed by the Agreement.

2. UNLAWFUL EMPLOYEE PARTICIPATION: No elected official or employee of the County or public officer of the State of New Mexico shall be admitted to any share or part of this Agreement or any benefit that may arise thereof, directly or indirectly, unless it be made with a corporation for its general benefit.

3. DISTRIBUTION OF RFB DOCUMENT: The County Purchasing Section is the only organization who is authorized to make copies and/or distribute this RFB in any format. A distribution list of those who receive the RFB will be maintained throughout the procurement process and will become part of the procurement file. Receipt of a Bid from firms not included on the distribution list shall result in immediate disqualification and Bid will be rejected.

4. EXPLANATION TO BIDDERS: Any explanation desired by a Bidder regarding the meaning or interpretation of this request must be submitted in writing and with sufficient time allowed, but not less than three (3) working days prior to the hour and date specified for the receipt of the bids, for reply to reach Bidders before the submission of their bids. Oral explanations or instructions given before the award of the agreement will not be binding. Any information given to prospective Bidder(s) concerning this request will be furnished as an addendum, to all firms who have received the bidding document.

5. NON-COLLUSION: The Bidder, in signing this bid, certifies that representatives from the firm have not, either directly or indirectly, entered into any action or restraint of free competitive quoting or bidding in connection with this Bid.

6. CODE OF CONDUCT: Code of Conduct – The successful Bidder shall abide by the Code of Conduct (https://www.bernco.gov/compliance-office/bernalillo-county-code-of-conduct/) of the County as it applies to the successful Bidders interactions with the County. Any violation of the Code of Conduct shall be considered a breach of the Agreement (a draft of the proposed Agreement is included beginning on page 18).

7. EVALUATION: The evaluation period for this bid is ninety (90) consecutive calendar days, following the bid opening. Bids may not be rescinded during this period except for good cause and with the written approval of the Purchasing Section. The County, in evaluating bids reserves the right to use any assistance deemed advisable.

8. INCREASED OR DECREASED QUANTITIES: The County reserves the right to increase or decrease the quantities of items of tangible personal property, services or construction to be provided within the terms of the agreement and at the same prices, with the consent of the Contractor.

9. REJECTION AND CANCELLATION: The County reserves the right to reject any or all bids, cancel this RFB when it is in the best interest of the County, or to waive any and all informalities and irregularities that don’t alter the price, quality or quantity.

10. BASIS OF AWARD: The County reserves the right to award on a total basis or an item by item basis depending on which is most advantageous to the County. Final bid award will be made on the lowest, best, and most responsible bid meeting the specifications.

11. PAY EQUITY DOCUMENTATION: All Bidders shall include with their bid submittal, a Pay Equity Reporting Form, or valid Pay Equity Business Certificate, which can be accessed at www.bernco.gov/general-services/pay-equity.aspx.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.bernco.gov%2Fcompliance-office%2Fbernalillo-county-code-of-conduct%2F&data=05%7C01%7Cacbaca%40bernco.gov%7Ca0475eac0ea04b74a46208dafef5c0ad%7C2017becccef8453fae3c04934fc97714%7C0%7C0%7C638102628707140665%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=NSVmDNQrHf0WLxXW26bnUPp2T3oQhj2sFyzUWqrk4uU%3D&reserved=0 http://www.bernco.gov/general-services/pay-equity.aspx http://www.bernco.gov/general-services/pay-equity.aspx

Bidders who are located out-of-state or have no facilities and no employees working in the State of New Mexico are not required to report pay equity data but must verify their out-of-state status on the Pay Equity Reporting Form. Failure to provide a Pay Equity Reporting Form at the time of submission may result in the bid being deemed nonresponsive. The County may allow for a revised Pay Equity Reporting Form to be submitted by the Offeror within 24 business hours of the proposal due date and time if; (i) the originally submitted form requires a technical change; or (ii) the Bidder fails to include a Pay Equity Reporting Form at the time of submission, provided that the Bidder submits the Pay Equity Reporting Form within the 24 hour business period.

NOTE: THE REQUIRED PAY EQUITY REPORTING FORM IS NOT A PAY EQUITY BUSINESS

CERTIFICATE, NOR DOES IT QUALIFY AN OFFEROR FOR THE PAY EQUITY PREFERENCE. FOR

QUESTIONS ON HOW TO OBTAIN A PAY EQUITY BUSINESS CERTIFICATE, PLEASE CONTACT THE

BUYER SECTION I.C BY TELEPHONE: (505) 468-7318 OR EMAIL: bcastro@bernco.gov

12. MULTIPLE AWARD: The County reserves the right to award the Agreement to multiple contractors.

Determination for awards shall be based upon the lowest total cost of all items listed within the “cost proposal” section and the bidder(s) abilities to meet the “minimum and submittal requirements” of the invitation to bid.

13. PROTESTS: Protests - In accordance with County Ordinance §2-367 and §2-385, any Bidder who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Procurement and Business Services Director. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to:

Annie Baca, Procurement and Business Services Director 415 Silver Ave. SW, 6th Floor Albuquerque, NM 87102

Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted.

14. CONFIDENTIALITY/PUBLIC RECORDS: Confidential data is normally restricted to confidential financial information concerning the Bidders organization and data that qualifies as trade secrets in accordance with the Uniform Trade Secrets Act, 57-3-A-1 to 57-3A-7 NMSA 1978, or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. With the exception of the aforementioned, information and materials received by the County in connection with this RFB response shall be deemed to be public records, subject to public inspection, upon award of the RFB and execution of an Agreement by the County Commission or their designee. If the Bidder believes any of the information contained in its response is exempt from the Public Records Act, then the Bidder, must identify the material which is deemed to be exempt and cite the legal authority for the exemption. Any pages of the bid on which the Bidder has stamped or imprinted “proprietary” or “confidential” must be readily separable from the bid in order to facilitate public inspection of the non-confidential portion of the bid.

The County’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend indemnify and hold harmless the County elected officials, employees and agents against any loss or damages incurred by any person or entity as a result of the County’s treatment of records as public records.

15. SPECIFICATIONS: Specifications stated in this request are not intended to exclude any Bidder. Where a product is characteristic of a sole manufacturer, or when a brand name is indicated, it shall be defined to mean as "least acceptable level”, or "minimum quality required" by the County. If an item is bid other than specified which is considered comparable, the manufacturer's name and model number of that item must be specified. Sufficient performance specification and descriptive data must accompany the bid to permit thorough evaluation. Failure to provide the appropriate information may result in disqualification of the bid.

16. RECEIPT OF BIDS: Bids received after the deadline will not be accepted. The date-time stamp located in the Purchasing Section will be used to record receipt of the bid and is the only acceptable evidence to establish the time of receipt of bids.

17. AWARD TO NEXT RATED BIDDER: In the event of default by the awarded vendor, the County reserves the right to utilize the next rated Bidder meeting specifications as the new vendor. In the event of this mailto:bcastro@bernco.gov occurrence, the next rated bidder meeting specifications shall be required to provide the bid items at the prices as contained on their proposal or bid for this specification.

18. NUMBER OF BID SUBMITTALS

Bidders may submit only one (1) bid in response to this RFB.

19. NUMBER OF COPIES: Bidders shall upload one (1) original their bid submittal to https://bernco.bonfirehub.com/portal/?tab=openOpportunities.

20. QUESTIONS: If additional information regarding this bid or the procurement process is required, please contact Buyer Brittney Castro (505-468-7318), or e-mail bcastro@bernco.gov

21. INSURANCE REQUIREMENTS: Insurance is required of the Contractor in the limits identified in the Draft Agreement, Section 12, attached hereto.

22. W-9 INFORMATION: Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Bidder;

according to Federal Income Tax Law (Internal Revenue Code, Section 3406), failure to furnish this information promptly and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service. In addition, the Internal Revenue Service may require the County to withhold 28% of payments made, if the information is not furnished by the successful Bidder.

If the successful Bidder’s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN.

https://bernco.bonfirehub.com/portal/?tab=openOpportunities

EXCEPTIONS

RFB # 19-26-BC

In the interest of fairness and sound business practices, it is mandatory that you state any exceptions to the specifications and/or scope of work. It is not the responsibility of the County to seek out information concerning the goods to be furnished. If your bid does not meet or exceed all of the stated specifications, you must so state on the space provided below, with an explanation:

I do ___________ do not meet specifications ___________

Authorized Signature and Title Telephone Number

SCOPE OF WORK / SPECIFICATIONS

RFB # 19-26-BC

A. GENERAL

Bernalillo County is requesting sealed bids for the provision of a full range of food products and non-durable kitchen supplies for use by the Bernalillo County Youth Services Center (YSC) residents/clients and line staff, the Metropolitan Detention Center (MDC), Parks, Recreation, and Open Space (PROS) Community Centers and Senior Centers, and other County facilities (see attachment A).

B. PRICING

1. Pricing is based on current market list price less percentage discount offered from vendor’s established price list. Vendors are to indicate a discount percentage. If discount is 0%, then 0% must be indicated. Bernalillo County cannot assume a blank space is 0% discount. If your bid contains a blank space, it may be deemed non-responsive and may be disqualified. Upon request, awarded vendors will be required to furnish facilities with the most recently published price list as a basis for ordering their requirements for their next delivery(s).

2. Contractor shall keep the discount fixed for at least the first twelve (12) full months of this

Agreement. Thereafter, upon written approval by Bernalillo County, the Contractor may adjust the discount no more than once annually by written amendment. The Contractor shall submit all discount adjustment requests to Bernalillo County in writing and provide substantiating evidence demonstrating that each request is based on verifiable market changes impacting the cost of food.

C. AGREEMENT PERIOD

The contract period shall become effective upon the date of final execution of the Price Agreement and shall be for two (2) years with an option to renew for up to two (2) additional years not to exceed a total of four (4) years.

D. ORDER AUTHORIZATION

The Contractor shall not provide any goods prior to receipt of a purchase order.

E. DELIVERY

1. YSC Deliveries: Inside building delivery to the designated area is required. “Inside delivery” is defined as off-loading boxes from the Contractor’s truck/carrier and transporting them inside to the specified area

2. MDC Deliveries: Deliveries shall be made F.O.B. Destination to the MDC Warehouse loading dock.

3. All Other County Facilities: Delivery instructions will be provided by a designated County representative for each respective location

4. Under no circumstances shall contract items be “dropped off” or “left on the dock” unacknowledged by the institution. At the time of delivery, it is the Contractor’s responsibility to have the delivery checked, inspected, shortages and/or damaged product identified, and the delivery receipt/invoice signed by a designated institution representative. Payment will not be made to the Contractor without a signed delivery receipt/invoice.

5. If a delivery day falls on a County holiday, deliveries shall be made on the workday prior to the holiday except when the holiday falls on a Monday. The delivery is then to be made on Tuesday after the holiday.

6. The Contractor shall also make any weekday emergency deliveries deemed necessary by YSC and/or MDC within two (2) hours after order placement.

7. All products delivered shall be in the amount ordered and the specified brand, grade, weight, pack count, specifications, unit of measure and bid price. Deliveries made with quantities in excess of those ordered will not be accepted.

8. The County may withhold acceptance of or reject any product that is found, upon examination, not to meet the specification requirements. When rejected, it shall be removed by the Contractor within 3 days after notification of rejection.

9. All deliveries of products hereunder shall comply in every respect with all applicable laws of the

Federal Government and/or the State of New Mexico.

10. All deliveries shall consist of new products only.

11. YSC: Contractor shall deliver to 5100 Second Street NW, Albuquerque, NM 87107 on Tuesdays and Fridays between 5:30 a.m. and 8:30 a.m. The actual time must be coordinated with the Food Service Manager at YSC. All products shall be delivered to a designated area in the kitchen as requested by the Food Service Manager.

12. MDC: Contractor shall deliver to: 100 Deputy Dean Miera Dr. SW, Albuquerque, NM 87151 on

Monday thru Friday’s between 8:00 a.m. and 4:00 p.m.

13. PROS: Contractor shall deliver to all identified PROS facilities in this contract on Tuesdays and Fridays between 1:00 p.m. and 3:00 p.m.

14. All Other County Facilities: Delivery time will be provided by a designated County representative for each respective location

F. NOTIFICATION OF LATE DELIVERIES

Contractor shall promptly notify the appropriate County facility when a product cannot be delivered within the specified delivery time. If the Contractor is unable to provide the ordered product within a mutually acceptable time, the County may elect to purchase the outstanding product(s) from alternate sources.

The County reserves the right to cancel all or any part of an order if the shipment is not made as promised.

G. SUBSTITUTIONS / ALTERNATES

1. Products offered as alternatives to the specified items must be equal in quality, performance, and all other essential characteristics. If alternate products are proposed, the County may require samples and/or descriptive literature to support the evaluation and determination of equivalency.

If alternate brands are offered and/or if there is a difference in specifications, grade, weight, pack count and/or selling unit of measure or this information is not given for an item, the specifications, brand name, grade, weight, pack count, and selling unit of measure must be provided in the “Comments Section” of the Price Submission Form.

2. If a substitution is going to be made or there is a product shortage, Contractor must notify the designated point of contact for the applicable County facility no later than 4:00 p.m. the day prior to delivery.

3. In the event a manufacturer discontinues a product or there is a product shortage, the County may allow the Contractor to provide a substitute for the product or may cancel the order. A proposed substitution must be submitted with documentation from the manufacturer that states the product has been discontinued or is not available; names the replacement product, provides clear documentation that the replacement meets or exceeds product specifications and confirm that the price is the same or less than the discontinued or unavailable product.

4. Substitutions cannot be made without the approval of a county representative.

H. PRODUCT SPECIFICATIONS

1. All products shall be manufactured, prepared and meet the standards and regulations established by Federal and/or New Mexico State Laws including but not limited to the Federal Pure Food, Drug and Cosmetic Act, Bernalillo County Health codes and any applicable Federal, State or Local laws, ordinances rules, regulations, policies and procedures. All products must meet the standards required of the New Mexico School Nutrition Program.

2. Contractor shall notify the County, if the specified product, brand, grade, weight, packing count and/or selling unit of measure changes during the contract period.

3. Labeling of packaging shall comply with the Federal Food, Drug and Cosmetic Act and any applicable Federal, State or Local laws, ordinances rules, regulations, policies and procedures.

4. Appearance and odor shall be that of fresh product having no off-odors or off-flavors when product is prepared.

5. There shall be no decomposition and no evident freezer burn. Product must be free of processing debris and all forms of foreign matter.

6. All containers shall be new, clean, in good form and shall not have been rebuffed or treated in any way to conceal or obscure conditions. Bulging, rusted or dented cans, crushed cartons or any damaged merchandise will not be accepted.

7. Products shall be suitably wrapped and packaged in grease and moisture resistant material.

I. FROZEN MEAT, POULTRY AND SEAFOOD PRODUCTS

1. All meat, seafood and poultry products shall be US Grade A and shall be frozen.

2. All products containing meat and meat by-products shall have a seal on the label showing product has been inspected and passed by the U.S. Department of Agriculture and shall comply to standards and regulations established by Federal and/or New Mexico State Laws regarding meat, poultry and seafood.

3. Unless otherwise specified, all items shall be delivered chilled in refrigerated trucks.

J. BREAD PRODUCTS

1. All products shall be of good quality white flour/whole grain wheat or stone ground 100% whole wheat when specified and contain water, salt, yeast, vegetable oil, sugar (sucrose) and/or other fermentable carbohydrate material. Products must be fresh, firm, tender and uniformly of good color and flavor if delivered fresh or once unthawed if delivered frozen and be free of mold. Bread must be uniformly sliced in even straight slices at the required number per loaf.

2. All bread products shall be wrapped in moisture-vapor resistant waxed paper, regenerated cellulose film or plastic film in accordance with good commercial practice. Contractor must take all precautions necessary to prevent crushing of bread and rolls in delivery, due to stacking or other conditions. The method of packaging used must ensure adequate protection from dirt or other contamination.

K. DAIRY PRODUCTS

1. All milk shall be fresh, Grade A, pasteurized, homogenized and vitamin D fortified. No water, preservatives or other foreign substances shall be added except Vitamin D in accordance with good commercial practices.

2. Whole milk shall have a minimum of 3.25% butterfat and 8.5% other milk solids. All flavored milk shall be non-fat.

3. All dairy products shall meet Federal and State dairy requirements. All products must be freshly packed.

4. Fluid Milk must meet all requirements of the FDA, State and Local Health Departments. Outside appearance of containers must be good, clean, free from foreign objects and bad odors and easy to open spout. Milk shall not be packaged in chlorine bleached milk cartons.

5. All product delivered shall be transported in a refrigerated truck designed to maintain fluid dairy products with a range of 35◦ – 40◦ Fahrenheit.

6. Upon delivery, milk temperature should not be higher than 40◦ F degrees or lower than 35◦ F degrees.

L. CANNED, DRY GOODS, MISCELLANEOUS

Vegetable products shall be processed from sound, firm quality vegetables and in accordance with standards of best commercial practice. All items containing meat and meat by-products shall have a seal on the label showing product has been inspected and passed by the U.S. Department of Agriculture.

Canned goods shall indicate water content and drained food weight.

M. FROZEN FOOD

All frozen products must be delivered in a completely hard frozen state at a temperature of zero (0◦

F) Fahrenheit. Items showing thaw or deterioration in any form at time of delivery will not be accepted. All frozen food products must be U.S. Grade A and so labeled.

N. FRESH PRODUCE

All fresh produce shall be US No.1 Commercial Grade and meet the requirements specified in the current, applicable U.S. Standards for Grades of Fresh Vegetables (U.S. Standards). All fresh produce shall be from the current packing season/crop year. Processed products must include a “use by” mark on individual package(s).

O. PACKAGING/HANDLING REQUIREMENTS

Packaging must be in accordance with commercial food practice. Products must be delivered in the manufacturer’s original packaging.

P. NUTRITIONAL INFORMATION

Contractor shall, upon request, provide YSC with the nutritional analysis in hard copy format or if available, in an electronic PDF file, in accordance with Child Nutrition Analysis Labels.

Q. ORDER PLACEMENT

Orders will be placed in advance of the scheduled delivery days. In the event of a change in order, Contractor shall be notified no later than 4:00 p.m. the day prior to delivery. Placement will be made by telephone or via the vendor’s website.

R. SPECIAL REQUIREMENTS

1. Contractor shall assign an Account Representative to assist and provide support with regard to all aspects of the Price Agreement to the Food Service Manager at YSC, the Inventory Coordinator at MDC or designated representative(s) for all other county facilities.

2. Contractor(s) shall provide order guides to YSC and PROS, at no cost, to accommodate the ordering process.

3. Contractor shall provide weekly updated order guides, to YSC, for produce and dairy products.

4. Contractor shall provide The County with any subsequent discounts, rebates, etc. offered during this term of the Price Agreement.

S. RETURNS

The County may cancel an order prior to shipping without cost. The County shall be allowed to return products ordered in error after return is coordinated with the Contractor and the County shall not pay a restocking or shipping charge.

T. PRODUCT RECALL

1. Contractor shall notify The County, immediately both verbally and in writing, if a product recall is instituted on a product that has been furnished and delivered to the County with all pertinent information of recall.

2. Contractor shall be responsible for all costs associated with replacement product, shipping charges and/or product credit. The County will make the final decision whether product needs to be credited or replaced.

U. ACCOUNT ORDER HISTORY / USAGE REPORTS

1. The Contractor shall provide separate usage reports on a quarterly and fiscal year-end basis (or as otherwise agreed upon by the County and the Contractor(s) for YSC and PROS.

2. Reports shall include but are not limited to products purchased for that period, product description, selling unit of measure, unit price, quantity sold per product, total dollar amount per product and total dollar amount sold for the quarter and year end. Reports shall be provided at no cost to the County.

V. INVOICE AND PAYMENT TERM

1. Contractor shall submit a separate invoice for each delivery.

2. All invoices from supplier to the Contractor shall be subject to auditing by the County and furnished immediately upon request. Cancellation of the Price Agreement shall not affect any outstanding orders.

3. Invoices must be itemized to include the products ordered and delivered, pack size, brand, list price, price after discount, total price, and an indication of whether the delivery was complete or partial. Additionally, each invoice shall include the purchase order number, the order date, and the name of the person who placed the order.

4. Terms of payment shall be Net 30 days.

5. Credit will be issued for defective and/or damaged products equal to 100% if the vendor is notified within thirty (30) days upon receipt of the defective and/or damaged products.

6. Invoices shall be provided by the driver at the time of each delivery and a copy sent to Accounts payable office, 415 Silver Ave SW 6th Floor Albuquerque New Mexico 87102. Invoices may also be E- Mailed to Accountspayable@Bernco.gov.

mailto:Accountspayable@Bernco.gov

PRICING SECTION

RFB# 19-26-BC

Item

Unit

Description

Discount Off %

Disc.

Frozen Meat, Poultry,& Seafood Products– Discount on Prices are to be those listed on vendor’s most current established price list.

Bread Products – Discount on Prices are to be those listed on vendor’s most current established price list.

Dairy Products – Discount on Prices are to be those listed on

Canned, Dry Goods, and Miscellaneous – Discount on Prices are to be those listed on vendor’s most current established

Frozen Food – Discount on Prices are to be those listed on vendor’s most current established

Fresh Produce – Discount on Prices are to be those listed on

Non-Durable Kitchen Supplies - Discount on Prices are to be those listed on vendor’s most current established price list.

Indicate delivery fee per order: Standard delivery:

Expedited delivery:

DRAFT AGREEMENT

THIS AGREEMENT, made and entered into this _________day of _________________, 2026, by and between the County of Bernalillo, New Mexico, a political subdivision in the State of New Mexico, (hereinafter referred to as the "County"), and ________________________________________, (hereinafter referred to as the "Contractor").

WITNESSED:

WHEREAS, the County issued a Request for Bids for Food Products and Non-durable Kitchen Supplies, RFB No.19-26-BC, attached hereto as Exhibit A; and

WHEREAS, the Contractor submitted its Bid, dated _____________ 202, in response to RFB No.19- 26-BC, attached hereto as Exhibit B; and

WHEREAS, the County desires to engage the Contractor to render certain goods in connection therewith, and the Contractor is willing to provide such goods.

NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows:

1. Scope of Work

As set forth in the Scope of Work section of RFB No. 19-26-BC attached hereto as Exhibit A and incorporated herein by reference and made a part of this Agreement. (OR) attached hereto as Exhibit A as supplemented by Exhibit B both of which are incorporated herein by reference and made a part of this Agreement.

2. Term

This Agreement shall become effective upon the date of final execution and shall continue for two (2) years with an option to renew for up to two (2) additional years not to exceed four (4) years unless terminated by either party pursuant to the termination provisions contained in this Agreement.

3. Use of Contract

With the consent of the Contractor, other Central Purchasing Departments (NMSA 1978, §13-1-129) may purchase under this Agreement, provided that the goods are under the same terms and conditions as stated herein, unless a lower price is agreed to between the Central Purchasing Department and the Contractor.

4. Termination for Cause

If, through any cause, the Contractor fails to fulfill the Contractor’s obligations under this Agreement in a timely and proper manner, or if the Contractor violates any of the covenants, agreements or stipulations of any part of this Agreement, the County shall have the right to cancel the Agreement.

The County reserves the right to recover any excess cost incurred by the repurchase by deduction from an unpaid balance due to the Contractor, or any other legal method. Cancellation shall be done by giving written Notice of Cancellation to the Contractor. The Notice of Cancellation shall include the effective date of cancellation.

The official address of the County is: The official address of the Contractor is:

Bernalillo County Procurement & Business Services ______________________________ 415 Silver Ave. SW, 6th Floor ______________________________ Albuquerque, NM 87102 ______________________________

5. Termination for Lack of Appropriations

The terms of this Agreement are contingent upon the County Commission making the appropriations and authorizations necessary for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the County Commission, this Agreement shall terminate upon written notice being given by the County to the Contractor. The County decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

6. Termination for Convenience of County

The County may terminate this Agreement at any time by giving at least thirty (30) calendar days notice in writing to the Contractor. If the Agreement is terminated by the County as provided herein, the Contractor will be paid in the amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments previously made.

7. Termination by Contractor

The Contractor may terminate this Agreement on an annual basis at the expiration of each year of the term of this Agreement by giving written notice to the County at the address listed herein at least sixty

(60) calendar days prior to the expiration of each year of the term of this Agreement. The expiration of each year for termination purposes shall be defined as 365 days from the date of execution of this Agreement and every 365 days thereafter for the term of this Agreement.

8. Compensation and Method of Payment

A. The County will pay to the Contractor in full payment for services rendered, the sum of $_____________ or at the rates listed in Exhibit ___, attached hereto, plus applicable New Mexico Gross Receipts Tax, which constitutes full and complete compensation for the Contractor’s services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such services.

B. Method of Payment: Upon completion of work in a manner satisfactory to the County, and upon receipt by the County of a properly documented invoice, payment to the Contractor will be made within thirty (30) days from receipt of the invoice.