200-ICECREAM-2024-2025.pdf

To whom it may concern, Enclosed is an Invitation for Bid (IFB) for the purchase and delivery of ice cream. Johnston County Public Schools’ School Nutrition Program and the school district is seeking to contract the purchase and delivery of ice cream for the new school year 2024-2025. All proposals must be received at the Johnston County Public Schools School Nutrition office located at 601-C West Market Street in Smithfield by Tuesday, August 21, 2024 at 10:00am. Proposals may be mailed in as instructed on page 3 of the document. FAX proposals will not be accepted. Johnston County Public Schools reserves the right to reject any and all proposals.

Delivery of products shall occur at least once every 2 weeks during operating school months. Delivery must take place between 7:30 AM and 2:30 PM. Two copies of the invoice are to be signed by the School Nutrition Manager or her/his designee for delivery of products. Any invoice not signed by the designee will not be eligible for payment.

By signing the document enclosed, the vendor certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The vendor certifies that collusive proposalding is a violation of Federal law and can result in fines, prison sentences, and civil damage awards. Form AD-1048 (1/92) must be signed and returned with the bid documents.

Should you have any questions, please contact Amanda Jackson via email at amandajackson@johnston.k12.nc.us by August 14, 2024. Answers to questions and inquiries will be issued via addendum on August 15, 2024. Thank you for your interest in Johnston County Public Schools.

Sincerely, Jennifer Lawson Director of School Nutrition mailto:amandajackson@johnston.k12.nc.us

JOHNSTON COUNTY PUBLIC SCHOOLS

601-C West Market Street

Smithfield, North Carolina 27577

ICE CREAM IFB/CONTRACT

IFB#: 200-ICECREAM-2024-2025

Contract Period: October 1, 2024 - June 31, 2025

USDA NON-DISCRIMINATION STATEMENT

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 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, 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

12/09/2022 This institution is an equal opportunity provider.

https://www.usda.gov/sites/default/files/documents/ad-3027.pdf mailto:program.intake@usda.gov

MAILING INSTRUCTIONS:

Mail only one fully executed bid document signed with BLUE ink and one copy of the bid (2 total), in a single envelope.

Bid MUST BE SEALED. Address envelope and mark “Bid No. 200-ICECREAM-2024-2025 as shown below: It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening.

Bidders or their authorized representatives are expected to fully inform themselves as to the terms, conditions, requirements, and specifications of this IFB before submitting bids. Failure to do so will be at the bidder’s own risk.

The law makes no allowance for errors or omission or commission on the part of the bidders; furthermore, the bidder cannot secure relief on the plea of error or ignorance concerning any requirement included in the IFB.

Vendors who do not wish to respond to this IFB, but want to remain on our list for future opportunities in this product category, should complete, sign, and return the signature sheet entitled “Bid Certification” with “NO BID” indicated on the face of the form. Failure to adhere to this procedure may result in removal of the bidder’s name from our bidder list.

Bidders are welcome to attend the bid opening at the date and time indicated in the Bid Certification, but bidder presence is not required, and no weight or other consideration toward any award decision will be given to any bidder’s attendance or absence at the bid opening. Recaps of the details of the bids received will be available to any interested party upon WRITTEN request. The form and content of the bid recaps will be at the sole discretion of JCPS. They may be in electronic form.

BID NO. 200-ICECREAM-2024-2025

Johnston County Public Schools School Nutrition Services 601-C West Market Street Smithfield, NC 27577

1.0 DISTRICT PROFILE, MISSION, AND FEDERAL COMPLIANCE

2.0 GENERAL PROVISIONS OF THE IFB/CONTRACT

3.0 SCHOOL DISTRICT IFB – CONTRACT DECLARATIONS AND PROFILE

4.0 DISTRIBUTOR / VENDOR MINIMUM QUALIFICATIONS

5.0 DISTRIBUTOR / VENDOR INSURANCE REQUIREMENTS

6.0 DISTRIBUTOR / VENDOR PERSONNEL REQUIREMENT

7.0 DISTRIBUTOR / VENDOR BID ERRORS AND PRICING REQUIREMENTS

8.0 FIRM FIXED FEE BID PROCEDURES

9.0 DISTRIBUTOR / VENDOR BID AWARD METHOD

10.0 IFB – CONTRACT DEFINITIONS

11.0 PRODUCT QUALITY, PRODUCT SPECIFICATIONS AND RECOURSE FOR MISREPRESENTATION

12.0 ESTIMATED QUANTITIES AND DISTRICT INFORMATION AFFECTING PURCHASES

13.0 TIE BID, BID ERRORS, BID REJECTION AND USE OF PIGGYBACK CLAUSE

14.0 PRELIMINARY DISTRIBUTOR / VENDOR BID AWARD

15.0 SUBSTITUTION AND DISCONTINUED PRODUCT REQUIREMENTS

16.0 DISTRIBUTOR / VENDOR AUDITS: PRE – AWARD, MID TERM COST ADJUSTMENT, NON -

SCHEDULED AND AUDIT OVER AND UNDERCHARGES

17.0 TRANSMITTAL OF DELIVERY ORDERS

18.0 BILLING AND PAYMENT REQUIREMENTS

19.0 SITE DELIVERIES

20.0 WAREHOUSING REQUIREMENTS AND USDA DONATED FOODS WAREHOUSING CHANGE

21.0 OPTION FOR CONTRACT RENEWAL AND PROCEDURES

22.0 BID RENEWAL PROCEDURES

23.0 FIXED – FEE ADJUSTMENT FOR FUEL PRICE INCREASE

24.0 PRODUCT USAGE REPORTS FROM DISTRIBUTOR/VENDOR

25.0 RECORDS RETENTION REQUIREMENTS

26.0 ASSURANCE OF NON-COLLUSION

27.0 ASSURANCES REGARDING LEGAL AND ETHICAL MATTERS (revised April 2016)

28.0 REMEDIES FOR DISTRIBUTOR/VENDOR NON-PERFORMANCE OF CONTRACT, AND TERMINATION

OF CONTRACT

29.0 FORCE MAJEURE PROCEDURES

30.0 WAIVER

31.0 RIGHT TO ASSURANCE

32.0 REGULATORY COMPLIANCE

DISTRIBUTOR/VENDOR REQUIRED ATTACHMENTS FOR NEW BIDS

ATTACHMENT A – BRAND/GRADE LABELS/SPEC SHEETS

ATTACHMENT B – HACCP SUMMARY

ATTACHMENT C – EVIDENCE OF REQUIRED INSURANCE

ATTACHMENT D – LUNSFORD ACT COMPLIANCE

ATTACHMENT E – FOOD RECALL POLICY/PROCEDURES

ATTACHMENT F – SCHOOL DISTRICT CALENDAR

ATTACHMENT G – HUB CERTIFICATION

ATTACHMENT H – CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, LOBBYING AND COOPERATIVE

AGREEMENTS

ATTACHMENT I – CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS – PRIMARY COVERED TRANSACTIONS

ATTACHMENT J – SCHOOL DISTRICT PROFILE

ATTACHMENT K- PROPOSED DELIVERY SCHEDULE

ATTACHMENT L - NEW VENDOR FORM AND W9

ATTACHMENT M - DEVIATIONS / COMPLIANCE FORM

ATTACHMENT N - TABULATION SHEET

ATTACHMENT O - NO BID RESPONSE

1.0 DISTRICT PROFILE, MISSION, AND FEDERAL COMPLIANCE

1.1 DISTRICT PROFILE

Johnston County Public Schools (JCPS) has a student enrollment of more than 37,000 students in grades pre-kindergarten through twelfth grade. Doubling the student population in the past 15 years, Johnston County’s growth is due to the excellent education JCPS provides to our students. We enjoy strong community support through funding for new schools, partnerships with business and faith based organizations, and fabulous parental involvement. What are the results of this support? Our graduation rate has climbed by more than 13 percent in the past four years, while our dropout rate has fallen by nearly 50 percent in the same period. We are proud of our 214 Nationally Board Certified teachers.

Johnston County Public Schools is accredited by AdvancEd, meaning that our graduates are prepared to be accepted into the finest universities and colleges. Extracurricular activities abound through strong arts and athletics programs. Global is not just a buzz word in our vision statement. Our diverse culture includes over 45 languages spoken by students and their families.

The School Nutrition Services department (hereafter referred to as SNS) serves approximately 20,000 reimbursable lunches and 10,000 reimbursable breakfasts daily to students in 45 schools.

1.2 SCHOOL NUTRITION MISSION

The mission of School Nutrition Services is to serve nutritious and appealing school meals while providing excellent customer service. We follow the strictest food safety practices to ensure that meals are of the highest quality. We believe that nutrition has a direct impact on a student’s success. Studies show that children that eat school breakfast and lunch have fewer tardies, higher test scores and fewer behavioral issues.

1.3 FEDERAL COMPLIANCE: The School Nutrition Programs receiving goods and services under this Contract are federally funded programs operated under the authority of the United States Department of Agriculture (USDA). This IFB and the subsequent Contract shall be COMPLIANT with 7 CFR Parts 210, 220, 225, 250, 2 CFR 200 and applicable cost circulars issued by the Office of Management and Budget (OMB) including A-87 Cost Principles, A -102 Administrative Requirements, and A -133 Audit Requirements.

2.0 GENERAL PROVISIONS OF THIS IFB – CONTRACT

2.1 THIS SOLICITATION IS INTENDED TO PROMOTE COMPETITION. If the language, specifications, terms, and conditions, or any combination thereof, restricts or limits the requirements in this solicitation to a sole source; it is the responsibility of the interested Distributor/Vendor to notify Jennifer Lawson, Director of School Nutrition Services, in writing via email, at jenniferlawson@johnston.k12.nc.us no more than five (5) working days after the date the IFB/CONTRACT is issued by the School District. The solicitation may, or may not, be changed, but a review of such notification will be made prior to the award of a Contract.

2.2 DISTRIBUTOR / VENDOR CHANGES TO PRE-APPROVED MANUFACTURER BRAND/CODE: All product brands and codes listed on this bid are pre-approved and no products may be added to the bid spreadsheets without prior approval of the school district designee, with appropriate addenda released to eligible Distributor/Vendors.

2.3 ADVERTISEMENT OF BID: A public advertisement is required to solicit bids or proposals for all purchases over the Local Education Agency (LEA) simplified acquisition (or small purchase) threshold of $90,000. The announcement (advertisement or legal notice) will contain a general description of items to be purchased; specific procedures for submission of a bid or proposal; deadline for submission of sealed bids or proposals, and the address where complete specifications and bid/proposal instructions may be obtained and the contact person to whom questions may be addressed.

An announcement of an Invitation for Bid (IFB) or a Request for Proposal (RFP) will be placed on the IPS website and posted on the School Nutrition website to publicize the intent of the School Food Authority to purchase needed items. The notice of advertisement for bids/proposals will be run in these media outlets for seven (7) days.

mailto:jenniferlawson@johnston.k12.nc.us

2.4 A WRITTEN ADDENDUM IS THE ONLY OFFICIAL RESPONSE METHOD WHEREBY

INTERPRETATION, CLARIFICATION AND ADDITIONAL INFORMATION REGARDING THIS BID CAN

BE GIVEN. Once issued, all addenda shall become part of this contract. All addenda will be issued electronically to each vendor known to have received the initial IFB/Contract. Addenda may be issued from the school district no later than five (5) days prior to the IFB/Contract due date. However, before submitting an IFB/Contract, it shall be the responsibility of each vendor to determine whether additional addenda were issued. INQUIRIES concerning interpretation or additional clarification or additional information pertaining to this IFB must be made in writing (electronically accepted) on behalf of the school district no later than six (6) days prior to the IFB/Contract due date. For inquiries contact Jennifer Lawson, Director of School Nutrition Services, in writing via email, at jenniferlawson@johnston.k12.nc.us.

2.5 COST PRICING BY ITEM: The Distributor/Vendor/Vendor will solicit the BEST MANUFACTURER OR PACKER “COST” PRICING BY ITEM BID - including freight - for the longest lock in period when negotiating contract pricing for foods and supplies.

2.6 FIRM COST-PLUS FIXED FEE BID: This method for calculation of this bid is Firm Cost-Plus Fixed Fee.

The Distributor/Vendor Fixed Fee is charged “per case” and shall encompass the costs of the product’s receipt into storage, distribution, financing and profit, production losses, analyses cost, waste, labor, repackaging, overhead, transportation costs and ALL other costs of doing business for the line items.

2.7 PRODUCT REMOVAL: The school district reserves the right to remove a pre-approved product from the bid at any time for cause. Removal may occur for the following reasons:

(1) Product was reformulated and no longer meets the specification

(2) Product quality complaints documented by member districts

(3) Manufacturer or Supplier failure to deliver product in a timely manner, or in a sufficient quantity to meet the school districts needs

(4) Manufacturer or supplier default of contract with the school district.

(5) Lack of sufficient usage of a line item

3.0 SCHOOL DISTRICT IFB – CONTRACT DECLARATIONS AND PROFILE

Johnston County Public Schools and is hereinafter referred to as the School District, is requesting to receive Bids from an Offering Entity hereinafter referred to as the Distributor/Vendor/Vendor, defined as a company that is offering to provide the services of ordering, warehousing and delivery of ice cream for use in the School District’s School Nutrition Program.

Johnston County Public Schools:

● Reserves the right, at any time after opening and prior to award, to request from any Distributor/Vendor/Vendor clarification of processes or procedures, address technical questions, items bid, or to seek other information regarding the Distributor/Vendor’s/Vendor’s bid offer. This process may be used for such purposes as providing an opportunity for the Distributor/Vendor/Vendor to clarify their bid, to assure mutual understanding and/or aid in determinations of responsiveness, or responsibility, of the Distributor/Vendor/Vendor.

● Reserves the right to reject any or all bids, or parts thereof, and to waive informalities and/or irregularities thereof.

● Reserves the right to retain all Bids for a period of sixty (60) days or until approval by the Local Board of Education, whichever comes first. The submittal of a Bid shall constitute an irrevocable Offer to Contract with the School District. In accordance with the terms of the IFB/Contract, the offer may not be withdrawn until or unless rejected or not accepted by the School District.

● Requires the IFB/Contract and all attachments and addenda hereto awarded to become the Contract between the School District and the awarded Distributor/Vendor/Vendor.

● Requires the Distributor/Vendor/Vendor awarded the Contract be fully acquainted with General Terms and Conditions relating to the scope and restrictions involved in the execution of the work described in this contract for the School District. Failure or omission of the Distributor/Vendor/Vendor to be familiar with existing conditions shall in no way relieve the company of obligation with respect to this Contract and may be grounds for disqualification.

● Requires the school district to issue the approved and appropriately signed Official Certification Form to the Awarded Distributor/Vendor/Vendor and the issue of a local Purchase Order to the Distributor/Vendor/Vendor as the Final Bid Award.

● Will provide a School District Profile which includes pertinent information about the district such as the school names, addresses and telephone numbers. The profile is found in the Attachments section of the IFB/Contract.

4.0 DISTRIBUTOR / VENDOR MINIMUM QUALIFICATIONS

Distributor/Vendor/Vendor awarded the Contract must have a minimum of one (1) year of experience in commercial food warehousing/delivery business and must maintain all required state and local business licenses and a Certificate of Authority from the Secretary of State of North Carolina. Distributor/Vendor/Vendor shall provide documentation of applicable license, certification, commercial experience, storage and delivery equipment and/or letters of current customer and supplier reference upon request of the School District for qualification to furnish products and services in accordance with the General Terms and Conditions of this IFB. The School District reserves the right to make the final determination as to the Distributor/Vendor’s ability to provide the products and services requested herein.

https://www.sosnc.gov/Guides/launching_a_business/register_your_business

5.0 DISTRIBUTOR / VENDOR INSURANCE REQUIREMENTS

5.1 The Distributor/Vendor/Vendor awarded the Contract shall maintain all necessary insurance for the period during which purchases are made, including Comprehensive General Liability Insurance, Property Damage Insurance, Workers Compensation Insurance, and Automobile Liability Insurance. The Distributor/Vendor/Vendor must provide Evidence of Insurance that it currently has, and agrees to purchase and maintain, during its performance under this Contract, from one or more insurance companies authorized to do business in the State of North Carolina.

5.2 Certificates of such Insurance shall be furnished by Provider to the School District Contact and shall contain an endorsement to provide the School System written notice of any intent to cancel or terminate by either Provider or the insuring company. Failure to furnish insurance certificates or maintain such insurance shall be a default under this contract and shall be grounds for immediate termination of this Contract. ATTACHMENT C - provide summary and include certificates in the IFB.

5.3 Commercial General Liability – Distributor/Vendor/Vendor shall maintain Commercial General Liability insurance that shall protect the Distributor/Vendor/Vendor from claims of bodily injury or property damage which arise from performance under this Contract in the amount of $1,000,000 each occurrence and Personal & Advertising Injury $1,000,000 each occurrence with $2,000,000 General Aggregate.

5.4 Vehicle Bodily Injury and Property Damage - The Distributor/Vendor/Vendor shall maintain bodily injury and property damage liability insurance covering all owned, non-owned and hired vehicles. The policy limits of such insurance shall not be less than $1,000,000 combined single limit each person/each occurrence.

5.5 Worker’s Compensation - The Distributor/Vendor/Vendor shall meet the statutory requirements of the State of North Carolina for worker’s compensation coverage and employer’s liability insurance of all employees participating in the provision of services under this contract.

5.6 Should any of the above required insurance be canceled or terminated before the expiration, the issuing company will provide at least ten (10) days written notice to the School District.

6.0 DISTRIBUTOR / VENDOR PERSONNEL REQUIREMENTS

https://www.sosnc.gov/Guides/launching_a_business/register_your_business

6.1 The Distributor/Vendor/Vendor personnel are to present a professional appearance always while on school property. Personnel shall be neat, clean, well groomed, properly uniformed and conduct themselves in a respectable and courteous manner while performing duties at any School District facilities.

6.2 The Distributor/Vendor/Vendor personnel are forbidden to consume alcohol or use illegal drugs, use tobacco, or possess firearms on school property at any time.

6.3 The employment of unauthorized aliens by the Distributor/Vendor/Vendor is considered a violation of Section 247A (e) of the Immigration Reform and Control Act of 1986. If the Distributor/Vendor/Vendor knowingly employs unauthorized aliens, such a violation shall also be cause for cancellation of the Contract.

6.4 NC LUNSFORD ACT N.C. GENERAL STATUTE 14-208.18: The Distributor/Vendor acknowledges that N.C. General Statute 14-208.18 prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly, among other things, being on the premises of any school or within 300 feet of any location intended primarily for the use, care, or supervision of minors, including but not limited to schools, children’s museums, child care centers, nurseries and playgrounds.

This prohibition applies to persons required to register under Article 27A who have committed any offense in Article 7A of Chapter 14 or any offense where the victim of the offense was under the age of 16 years at the time of the offense. LUNSFORD ACT compliance is addressed in the ATTACHMENT D.

7.0 DISTRIBUTOR/VENDOR BID ERRORS AND PRICING REQUIREMENTS

7.1 BID ERRORS: The following two bid errors are non – negotiable and may result in bid disqualification.

1) An Original signatures must be in Blue Ink, a scanned copy of the form with an original signature of an authorized company official will be accepted.

2) ANY CHANGE TO THE IFB/CONTRACT LANGUAGE BY THE DISTRIBUTOR//VENDOR

7.2. MULTIPLE FLAVORS AND VARIETIES FOR A SINGLE LINE ITEM: ONE PRICE is required for all flavors or varieties of the item the Distributor/Vendor/Vendor will stock. The Distributor/Vendor/Vendor and School District must communicate after the award as to flavors and volume to be stocked. Multiple pricing per line item is not allowed.

7.3. QUANTITY REQUESTED PRICING – The Distributor/Vendor/Vendor shall shop the market for the lowest price for the quantity requested on the bids received from the school district in order to reduce manufacturer changes.

7.4. SPREADSHEET PRICING DIRECTIONS: The INSTRUCTIONS for completing the Bid Spreadsheets are provided with the bid. The instructions provide full direction details regarding bid line items to be completed for pricing.

7.5. PRICE FOR EACH PRODUCT: A cost price for one (1) pre-approved brand or, if applicable, one (1) private label is required for each bid specification identified for Distributor/Vendor/Vendor pricing in the bid spreadsheets.

7.6. PRODUCT CODES AND PACK: All efforts are made to provide correct Manufacturer product codes and packs before bids are mailed. All interpretations of the specifications shall be made on the basis of the following statement: If the bidder discovers or suspects error in the item specification, product code number, pack size, or change in manufacturer formulation, the Distributor / Vendor shall contact Jennifer Lawson, Director of School Nutrition Services at jenniferlawson@johnston.k12.nc.us. The school district shall make the final determination of product equivalency and advise all potential bid parties through an email Bid Addendum.

7.7. UNIT PRICE/EXTENSION DISCREPANCY: In the event of a discrepancy between the unit price and extension, the unit price will be considered correct. Errors found in Distributor / Vendor NEW bid extensions will be corrected and reported to the affected Distributor /Vendor(s.) All Distributor/Vendors will be notified of the corrected bottom line by the School District in the Preliminary Award Letter.

8.0 FIRM FIXED FEE BID PROCEDURES

8.1 FIRM FIXED FEE – The Distributor/Vendor Fixed Fee is charged “per case” and shall encompass the costs of the product’s receipt into storage, distribution, financing, profit, production losses, analyses cost, waste, labor, repackaging, overhead, transportation costs and ALL other costs of doing business for the line items in the bid.

8.2 The Fixed-Fee shall remain firm for the duration of the Contract, and for the duration of any School Nutrition Programs offered by the School District and any future Contract renewal period(s). Exceptions:

Fuel Increase Force Majeure, Section 27.0 and agreement between School District and Distributor/Vendor to lower the fixed fee, Section 25.2.1

8.3 The Fixed-Fee will be the same for ALL items in relation to the pack size shown on the bid spreadsheet.

8.4 Fixed fee and Product substitutions: In the event of a product substitution, the Fixed - Fee charged by the Distributor/Vendor shall also apply to all other pre-approved brands in that specification and any optional brand priced or offered by the Distributor/Vendor and approved by the School District for that bid specification.

9.0 DISTRIBUTOR / VENDOR BID AWARD METHOD:

The award method is BOTTOM LINE, COST PLUS - FIXED FEE where award is to the Distributor/Vendor with the lowest bottom line price from the bidding sheets and as recorded on the Official Distributor/Vendor Bid Tabulation Sheet and verified by the School District.

9.1 FORMULA FOR THE COST PLUS - FIXED FEE METHOD:

9.1.1 UNIT COST = Actual cost of product to the Distributor/Vendor from supplier + freight cost to Distributor/Vendor warehouse.

9.1.2 FIXED FEE = The Distributor/Vendor Fixed Fee is charged “per case” and shall encompass the costs of the product’s receipt into storage, distribution, financing, profit, production losses, analyses cost, waste, labor, repackaging, overhead, transportation costs and ALL other costs of doing business for the line items bid.

9.1.3 TOTAL BY LINE ITEM = Unit Cost + Fixed Fee X the Estimated School District Usage per Line Item.

9.1.4 The unit price is to be provided in CASES. Formulas will compute pack size variance and cost per serving.

10.0 IFB - CONTRACT DEFINITIONS

10.1 ACCURACY OF PRICING: The accuracy of all unit prices, fixed - fees and statements contained in this bid is the responsibility of the Distributor/Vendor, and no change or cancellation may be made except as provided in this IFB Contract or its addenda.

10.2 BILL BACKS: Per USDA Regulation 210.21, all manufacturer cash discounts, label allowances, group allowances and promotions shall go to the benefit of the School District. Any documentation pertaining to such discounts, bill backs or allowances.

10.3 PRODUCT USAGE ESTIMATE is a guide for Manufacturers and Distributor/Vendors/Vendors as to the potential product usage of the school district, but under no circumstances guarantees product usage.

10.4 COMMUNICATION: The awarded Distributor/Vendor/Vendor shall communicate continuously via electronic messaging with the School District customer concerning product orders, product movement levels, substitutions, inventory, manufacturer shortages, production issues, etc.

10.5 CUSTOMER ISSUES: The Distributor/Vendor/Vendor will provide prompt response to customer issues regarding product quality, product delivery, and product damage, credits or billing transaction documentation.

Failure to resolve customer issues in a timely manner may result in contract termination, or future bid disqualification.

10.6 Distributor/Vendor FACILITIES: The warehouse facilities and delivery vehicles shall be clean, be free of insects and rodents, and meet all federal and state regulations for storing and delivery of dry, chilled, and frozen food products.

10.7 HACCP: All Distributor/Vendors/Vendors submitting bids must provide a current Hazard Analysis Critical Control Point Summary (HACCP) describing the Distributor/Vendors/Vendors on – site food sanitation and safety practices meeting federal regulation. The awarded bidder must maintain a current HACCP plan through the duration of this contract. ATTACHMENT B

10.8 INTERFACE WITH MANUFACTURERS: The Distributor/Vendor/Vendor must communicate with Manufacturer regarding district problems relating to product levels and product quality and provide the school district notification of supplier issues, including but not limited to, production, shortages, transportation or product discontinuance. A Manufacturer Letter describing the circumstances and effective dates is required from the Distributor/Vendor/Vendor to the School District.

10.9 COLLECTION OF SPECIFICATIONS: Manufacturer partners are required to provide current and accurate product specification information, including nutritional analysis and Allergen Statements. Manufacturer specification data must be current as it provides documentation data for the Smart Snack portion of the review conducted by the North Carolina Department of Public Instruction. Specification Sheets are due at the time of bid submission.

10.10 MANUFACTURER REBATES AND BILL BACKS - The regulations at 7 CFR 210.21(t), 220.16(e) and 215.14a(d) require that school food authorities (SCHOOL DISTRICTS) must include in all cost reimbursable contracts, contracts including cost reimbursable provisions and solicitations for such contracts, provisions which limit use of non-profit school foodservice account funds to costs resulting from proper procurements and contracts. Specifically, the regulations require that SCHOOL DISTRICTs may use nonprofit school food service account funds to pay only for allowable costs - those costs net of all applicable discounts, rebates and other applicable credits. The regulations at, 7 CFR 200, Office of Management and Budget Guidance, 7 CFR 210.21(c) (i), 215.14a(c) and 220.16 (c) ensure that School Food Authorities receive the full benefit of any applicable discounts, rebates or credits intended specifically for the School Districts by manufacturers, suppliers and/or reDistributor/Vendors arising from purchases made under this IFB (hereinafter “Applicable Discounts, Rebates or Credits”). Distributor/Vendor/Vendor may receive and retain earned income, defined as income and profit earned by the Distributor/Vendor for work or services performed by the Distributor/Vendor and/or consistent with industry standards. Some examples of earned income include but are not limited to, freight management, procurement leverage, consolidated warehousing, quality assurance, performance-based product marketing, and management of competitive conditions. The total bid price is not adjusted for earned income.

10.11 MINIMUM SHIPMENTS: The awarded Distributor / Vendor must provide bid product brands/codes requested by the School District provided the School District meet(s) manufacturer minimum shipment requirements to the Distributor / Vendor.

10.12 ON – SITE INSPECTIONS: The School District reserves the right to request the Distributor / Vendor documentation, on-site inspections of facilities, delivery vehicles and records at any time during the Contract period.

10.13 PRODUCT RECALL: The Distributor / Vendor awarded the Contract shall be expected to voluntarily comply with all Federal, State and local mandates regarding the Identification and Recall of foods from the commercial and consumer marketplace. The Distributor / Vendor shall have a process in place to immediately respond to a manufacturer food recall; the process must include accurate and timely communications to the School District and assurance that unsafe products are identified and removed from school sites in an expedient, effective and efficient manner. The Distributor / Vendor is responsible for any consequences arising from the failure to make immediate notification. A one-page summary of the Distributor / Vendor’s Food Recall Policy/Procedures is required to be submitted with the Bid in

ATTACHMENT E.

10.14 PROTEST PROCEDURE: Protests by the Distributor / Vendor must be submitted in writing, with supporting documentation, to the issuing School District within five working days after bid award. Protests should be made to the School District at jenniferlawson@johnston.k12.nc.us.

10.15 SUB-CONTRACTING: The awarded Distributor / Vendor will deliver all item(s) to the School District at the proposed price, in accordance with the item specifications and the General Terms and Conditions contained in this IFB/Contract. Sub-contracting of this Contract is not permitted for any reason without the prior written permission of the School District.

10.16 MERCHANDISERS: The Distributor / Vendor shall provide at least one merchandising freezer at each location.

11.0 PRODUCT QUALITY, PRODUCT SPECIFICATIONS AND RECOURSE FOR MISREPRESENTATION

11.1 All food products supplied by the Distributor / Vendor awarded the Contract will comply with Standards of Identity, Quality and Fill as described in 21 CFR Part 100 of the Food, Drug and Cosmetic Act regulations.

Perishable products shall be labeled with an expiration date or best if used by date. Products shall be delivered fresh with adequate expiration dates.

11.2 Any change to a “Distributor / Vendor Bid” brand and code product specifications shall be provided to the School District immediately by the Distributor / Vendor. This includes any product changes at the Mid Term Price Increase/Decrease. In addition: changes to a product specification, due to substitution or other reason, must be available to the school district for prior approval to the Distributor / Vendor a minimum of 24 hours before delivery.

11.3 School Districts have automatic product protection recourse against suppliers for products that are misrepresented. According to U.S. Federal regulations, the supplier whose name and address appears on the package is the responsible party. The Distributor / Vendor awarded this Contract is expected to take immediate action to correct any situation in which product integrity is violated.

12.0 ESTIMATED QUANTITIES AND DISTRICT INFORMATION AFFECTING PURCHASES

12.1 Quantities reflected in this IFB are estimates based on the combined projected needs of the School District during the Contract period. These quantities are the best estimate of anticipated needs available at the time of publication of this IFB, but the accuracy of this estimate may be affected by numerous factors including but not limited to, budgetary adjustments, product pricing, availability of Federal funds or other subsidies, changing market forces, or unintentional errors or omissions. Actual needs may be greater or less than the estimated quantities provided.

12.2 The School District will share with the Distributor / Vendor information including regarding the school schedule. Refer to Attachment F- 2024-2025 School Calendars

13.0 TIE BID, BID ERRORS, BID REJECTION

13.1 TIE BID: In the event of a tie on a bid, the deadlock will be decided in the following order:

● The largest pack size with the same unit cost per serving.

● Documented evidence of unresolved service issues with a Distributor / Vendor

● Distributor / Vendor is certified as Small Business/Minority Business/Women Owned Business.

● All else being equal, by coin toss by the School District with tie Distributor / Vendors present.

13.2 REJECTION: The School District reserves the right to reject any, and all Bids, or any parts thereof, and request resubmission of bids from all Distributor / Vendors as deemed in the best interest of the School District.

13.3 BID ERROR: In the event of an error in a product specification or pricing, that item will be excluded from the tabulation. Any item excluded from the bid tabulation will be excluded for ALL bidders for evaluation purposes only. Multiple bid errors may be rationale for a Distributor / Vendor’s bid disqualification.

14.0 PRELIMINARY Distributor / Vendor BID AWARD

14.1 Awards are considered “PRELIMINARY” until the following is completed:

The School District reviews the line-by-line prices for accuracy of additions and extensions, brands, and compliance with all instructions to ascertain that the offer is made in accordance with the General Terms and Conditions of the IFB. School officials who find error(s) in calculations will adjust and correct and notify bidders individually. The corrected bottom-line calculations will be shown in the Preliminary Award letter sent to all bidders.

15.0 SUBSTITUTION AND DISCONTINUED PRODUCT REQUIREMENTS

15.1 The Distributor / Vendor awarded the Contract shall order goods from manufacturers in economical quantities and maintain inventories at a level sufficient to prevent out of stock situations while avoiding excessive inventories which may be counter-productive to efficiency. Product substitutions due to out of stock situations should be held to an absolute minimum. Distributor / Vendor “out of stock” percentage is expected at 3% of invoice orders or less. Excessive substitution due to Distributor / Vendor order errors may jeopardize future business from the School District or invoke Termination Proceedings.

15.2 Any Distributor / Vendor substitution that is not pre-approved in writing, by the School Nutrition Director or her/his designee, will be rejected by the School District. The School District will not be responsible to purchase the quantity of School District estimated usage affected by Distributor / Vendor substitution.

15.3 To facilitate delivery schedules and provide appropriate substitutions in out-of-stock situations for accommodation of students with food allergies, the awarded Distributor / Vendor MUST e-mail or fax the school district, for pre-approval by the School Nutrition Director, current specification sheets with ingredient lists, nutritional analysis and allergens for each proposed substitution a minimum of 24 HOURS IN ADVANCE of the delivery. The Distributor / Vendor may substitute pre-approved brands within a specification without supplying product specifications, but 24 HOURS ADVANCE notification of substitution is still required. The Distributor / Vendor and/or manufacturer are responsible for any damages to customers due to unidentified allergens from products substituted for brands pre-approved by this Contract.

15.4 Any substitution for a bid specification product brought in by the Distributor / Vendor to alleviate Distributor / Vendor out of stock situations, due to buyer or other Distributor / Vendor error, must be of

(1) the same or higher quality as the regular stock, (2) the same or lower portion cost than regular stock and (3) delivered for the same flat fixed-fee per case as the original product, adjusted for pack differences. (for example: the original product was packed 100, the substitute is packed 50. The District should only pay half of the flat fixed fee per case.) The invoiced price for a substituted product is to be adjusted to the current or lower bid price per serving/unit to avoid incorrect billing at time of delivery.

Substituted products are approved by the School District.

15.5 Any substitution for a bid specification brought in by the Distributor / Vendor to alleviate a Manufacturer out of stock, or discontinued production, must be approved in advance by the School District and be of

(1) the same or higher quality as the regular stock, (2) the same or similar cost as the regular stock and

(3) delivered for the same flat fixed fee as the original product, adjusted for pack differences. (for example: the original product was packed 100, the substitute is packed 50. The District should only pay half of the flat fixed fee per case.) The invoiced price for a substituted product is to be adjusted to the current or lower bid price per serving/unit to avoid incorrect billing at time of delivery. Substituted products are approved by the School District.

15.6 The fact that a substitute is being made shall be clearly stated on the invoice or provided on a separate invoice. If a School District employee signs the invoice for a non-approved product, it may be refused and picked up within seven (7) days by the Distributor / Vendor.

15.7 If a substitute product is not approved by the School Nutrition Director, or designee, the School District shall, in good faith and in its sole discretion, purchase a product of equal or greater quality from another source. The Distributor / Vendor shall be responsible and liable for the difference in the cost between the amount paid for the substituted product and the amount, which would have been paid, had the product been delivered. The Distributor / Vendor shall have no basis to complain that a substituted product purchased could have been purchased at a lower price and the difference in cost (with documentation) will be subtracted from the amount due the Distributor / Vendor.

15.8 If a pre-approved bid product on the bid sheet is discontinued by the manufacturer, the Distributor / Vendor shall immediately notify the School District. If the bid specification has other pre-approved brands, the Distributor / Vendor shall price the remaining pre-approved brands on the bid line and offer the best pricing. If there are no other pre-approved brands or the item is Private Label, the Distributor / Vendor shall shop the market and offer a product that is of the same quality and cost when possible. It is the decision of the local School District to accept or decline a replacement product.

16.0. DISTRIBUTOR / VENDOR AUDITS: PRE – AWARD, MID TERM COST ADJUSTMENT, NON - SCHEDULED

AND AUDIT OVER AND UNDERCHARGES

16.1 MID - TERM ECONOMIC PRICE ADJUSTMENT

16.1.1 Whenever a manufacturer, packer or supplier increases rather than extends the cost of a Distributor / Vendor bid product, the Distributor / Vendor must solicit and document the cost from other approved sources (i.e. Recognized Market Reports, Consumer Price Index-Cost of Food Away from Home) in the same manner as for the initial Bid. The Distributor /Vendor shall shop the market for “Best Buys” and provide documentation of such efforts on behalf of the School District with any Mid-Term price increases. Prior to petitioning the School District for price increases, the Distributor / Vendor must solicit written manufacturer quotations to the School District.

16.1.2 MID-TERM AUDIT: The School Nutrition Director, or designee, will provide Distributor / Vendors with a list of products, from the Price Increase/Decrease List to be audited by January 10 of each year. The School District will collect the required documentation, review and resolve issues and notify Distributor / Vendors Audit Results, and any audited price changes, by January 10 each year. School Districts will provide written notification to their Distributor / Vendor of approval or disapproval of the Mid – Term Price Increase/Decrease changes before February 1 of each year.

16.2 Acceptable documentation presented to the Audit Committee, designee, or the School District to conduct pre-and post-award audits, including, but not limited to the following:

16.2.1 A manufacturer Price Confirmation is acceptable for bid pricing received, but not yet purchased.

Pricing documentation confirming the product unit cost must be provided and dated no more than 60 calendar days prior to the bid opening or renewal date.

16.2.2 .Actual manufacturer’s invoices or data generated from Distributor / Vendor receiving reports including any freight cost.

16.2.3 Documentation of discounts, rebates, allowances, and other procurement incentives intended for the School District received by the Distributor / Vendor from the manufacturer and/or supplier.

16.2.4 Evidence of shopping the market for BEST PRICING (including freight) from manufacturers and packers to purchase quality food and supplies from the pre-approved brands listed on the Bid Specification Spreadsheet(s), locking in pricing for the greatest extent of time to avoid price increases.

16.2.5 The Distributor/Vendor shall keep all market bulletins, manufacturer quotes, and other information that served as the basis for the cost and the calculation for this Bid on file for audit purposes and such documentation is not required to be submitted with the Distributor/Vendor’s Bid.

16.3 NON – SCHEDULED AUDITS: All items included in the Bid Specification Spreadsheets are subject to audit at any time after the Distributor/Vendor contract has been awarded, either by the School Audit Committee, their designee, or a member School District representative. The Distributor/Vendor shall be given notice of the intent to conduct a Scheduled Audit and receive the documentation at least five workdays in advance. Documentation may be viewed at a time and place agreeable to both the Distributor/Vendor and the Auditor(s).

16.4 AUDIT: OVER OR UNDERCHARGES (Pre-Bid or Mid-Term) that reveal a Distributor/Vendor has either overcharged or undercharged the School District will be treated as follows:

Overcharges: Whenever an invoice from a manufacturer reveals the price of a product delivered to the Distributor/Vendor’s warehouse is less than the quoted cost, a credit will be due on each case delivered at the incorrect price. The credit shall be provided within thirty (30) days of the close of the month in which the audit took place. The credit shall be made in the form of a credit or check made payable to the School District’s School Nutrition Services Department. The price correction shall be made immediately.

Undercharges: Whenever an invoice from a manufacturer reveals that the price of a product, delivered to the Distributor/Vendor’s warehouse, is actually more than the quoted cost, a debit to the school district’s account is NOT permitted. In the event of an unexpected market change that results in the manufacturer not honoring pricing quoted on a product for the costing period, it is the Distributor/Vendor’s responsibility to request a price increase for that product using procedures outlined in the Force Majeure section 33.0 of this IFB. The awarded Distributor/Vendor must maintain records of documentation regarding prices within this contract, and any and all price changes until they have been audited.

17.0 TRANSMITTAL OF DELIVERY ORDERS

17.1 Orders will be submitted to the Distributor/Vendor awarded the Contract by the School District on a schedule and by a method that is mutually agreeable to both parties. The School District prefers the shortest lead time possible in order to minimize inventory levels at schools. Order requirements not covered in this section should be listed in Special Conditions.

17.2 Orders may be transmitted electronically or by fax as mutually agreed upon by the Distributor/Vendor awarded the Contract and the School District. Printed or electronic order guides shall be furnished by the Distributor/Vendor for recording and/or transmitting orders. If Internet-based, electronic ordering systems are used, the Distributor/Vendor will provide training on use of their ordering system to necessary School District personnel. The Distributor/Vendor must block non-bid items from electronic ordering systems available to the School District.

17.3 The Distributor/Vendor awarded the Contract shall provide a representative to screen orders, discuss orders with the School Nutrition Director, or designee, on a bi-weekly basis; the representative shall ensure compliance with scheduled delivery, discuss substitutions and shortages, facilitate approval of substitutions, finalize orders for delivery (including USDA Donated Foods if required), and screen delivered orders for shortages, errors, and pricing mistakes.

17.4 Distributor/Vendor bidding may require the School District to place minimum orders of $150.00 per school site, based on the dollar amount at the time the order is placed.

17.5 In the event the School District requests one site delivery that includes orders for more than 1 school in order to meet the minimum delivery requirement, the School District will provide separate Purchase Orders foreach school and the Distributor/Vendor will provide a separate invoice for each school order.

17.6 The School District must give a 24-hour notice for an order cancellation not related to weather.

18.0 BILLING AND PAYMENT REQUIREMENTS

18.1 Payment will be due to the Distributor/Vendor awarded the Contract within (45) days of date of the statement, or more frequently, as designated by the School District in Special Conditions.

18.2 The Distributor/Vendor awarded the Contract shall provide each School District separate invoices and statements for bid items.

18.3 The Distributor/Vendor awarded the Contract shall issue credit memorandums for returned/picked up items within ten (10) working days from the request to do so. Failure to issue credit memorandums in a timely manner shall constitute grounds for withholding payments.

19.0 SITE DELIVERIES

19.1 Deliveries shall be made to schools on a regular schedule between hours that are mutually agreed upon by the School Nutrition Director and Distributor/Vendor in a meeting after award of the Contract. Any deviation of the Distributor/Vendor from the schedule will require notification of the School Nutrition Director or designee.

19.2 Only one (1) Distributor/Vendor delivery per school site bi-week is anticipated, but the School District reserves the right to require more/less than one delivery per week, as needed and as volume requires.

Known need for deliveries of more/less than one per school site per week shall be indicated within Special Conditions. School districts will make efforts to work with the Distributor/Vendor to consider order volumes and reduce frequency of small volume deliveries.

19.3 Delivery schedules shall be…