2024-17 Milk Bid_complete.pdf

Putnam|Northern Westchester

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

200 BOCES Drive Yorktown Heights, NY 10598-4399

(914) 248-2398 FAX (914) 245-4540

E-MAIL: dmahler@pnwboces.org

Don Mahler Purchasing Agent

BEDFORD BREWSTER BRIARCLIFF CARMEL CHAPPAQUA CROTON-HARMON GARRISON HALDANE HENDRICK HUDSON

KATONAH-LEWISBORO LAKELAND MAHOPAC NORTH SALEM OSSINING PEEKSKILL PUTNAM VALLEY SOMERS YORKTOWN

NOTICE TO BIDDERS

Putnam/Northern Westchester BOCES (hereinafter PNW BOCES) and its component districts is seeking to establish an agreement with a vendor whose primary business is for supplying NY Milk.

NY Milk Bid # 2024-17

Contract Period: 7/1/2025 THROUGH 6/30/2026 (with two additional one-year options to renew)

Bids Due: June 12, 2025 @ 11:30am

PNW BOCES

200 BOCES Drive

School Services Building Purchasing Department

Yorktown Heights, NY 10598

At the above stated time and place all bids will be publicly opened. At the bid opening, only bidder’s names and the first year of the bid will be read. Subsequent years of the bid will not be read, but will be available when the bid summary sheet is prepared. Specifications and bid forms may be obtained from http://www.bidnetdirect.com/

In the event that PNW BOCES Purchasing Office is closed the day of the Bid Opening, the bid(s) will be opened at the same time, on the next day that the PNW BOCES Purchasing Office is open.

All bids received after the date and time stated in the Notice to Bidders will not be considered.

PNW BOCES, reserves the right to accept each bid by individual item, by category, by groups of items or as a whole, or in its discretion, to reject all bids and re-advertise and rebid. PNW BOCES also reserves the right to waive any informality in the bid process if determined to be in the best interest of PNW BOCES.

Bids opened and read shall remain irrevocable for the contract period. The award of contracts, if at all, shall be made as soon as practicable after the bid opening. Any quantities, if shown, are estimates and not guaranteed.

Don Mahler Purchasing Agent

BID #2024-17

NY Milk Bid

THIS BID IS IN THREE SECTIONS:

SECTION A – Requirements Section SECTION B – Information Section SECTION C – Forms

TABLE OF CONTENTS

DESCRIPTION

SECTION A – REQUIREMENTS SECTION

Purpose Scope Qualifications of Bidders Bid Procedures and Requirements

SECTION B – INFORMATION SECTION

Bid General Conditions Contract Conditions Contract Specifications Insurance

SECTION C – FORMS

Milk NYS Geopreference Bid Sheet Checklist for Bids Geographic Preference Checklist Guidance for 30% New York Product Incentive Product Formulation Statement Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Disbarment & Suspension Certification Statement Certification of Compliance for Federally Funded Procurement Escalator Clause Hazard Analysis Critical Control Point Certification Trans Fat Information Required by Vendor Piggybacking Bidder Certification Bidder Information & Reference Form Vendor Responsibility Questionnaire Indemnification Agreement Hold Harmless Agreement Non-Collusive Certification Iran Divestment Act Certification Non-Discrimination Statement General Municipal Law Section 103-g statement W9 Form ACH Enrollment Form

SECTION A – REQUIREMENTS SECTION

1. PURPOSE

Through this Request for Bids, PNW BOCES and its Component Districts seek to establish an agreement with vendor(s) whose primary business is for providing Fresh Milk for use in their Food Service Programs. Each request for a quote will be quoted as needed.

PNW BOCES/District reserves the right to bid out any project that may include these services separately when it is believed to be in the best interest of PNW BOCES/District.

2. SCOPE OF WORK

It is the intention of the participating school district(s) to purchase Fresh Milk for use in their Food Service Programs. It is designed to help local providers, based on price, location, food safety, and distribution capabilities. The participating school districts work to provide the highest quality meals to their students, understanding that school meals are an essential component to student health, well-being, and future success. The districts strive to work with local food providers and NY farmers to improve student nutrition, provide agriculture and nutrition educational opportunities, and support local and regional farmers.

Quotes will be provided to PNW BOCES or any of its eighteen component school districts and additional participating school districts, by the awarded vendor (s) per the rate sheet(s) provided in this bid. All necessary materials will be provided by the awarded vendor(s) per the rate sheet listed in this bid unless otherwise specified by PNW BOCES/District. There will be no allowance for delivery charges, fuel charges, transportation charges, nor any other charges not specifically listed on the awarded bid from the PNW BOCES Board of Education.

3. QUALIFICATIONS OF BIDDERS

PNW BOCES may make any investigation necessary to determine the ability of the Bidder to fulfil the Contract(s), and the Bidder shall furnish PNW BOCES with all such information for this purpose as PNW BOCES may request. If, in the opinion of PNW BOCES, the Bidder is not properly qualified or responsible to perform any obligations of the Contract bid upon, PNW BOCES reserves the right to reject its bid.

The following minimum requirements must be met to qualify for bidding:

a) Bidder must possess and demonstrate facilities, knowledge and capabilities to satisfy all requirements of this contract.

b) References shall be provided as set forth herein. PNW BOCES reserves the right to request additional documentation or information from the bidders as a means of determining qualifications and/or responsibility.

c) Each bidder must demonstrate that it is a responsible service provider possessing adequate financial resources to accomplish the various services described herein and that it has a satisfactory record of performance and integrity.

d) Bidder must submit a list of names and addresses of any person or entity owning 10% or more of the company. Should any person or entity listed have ownership of another company, such information shall be disclosed. If bidder is a publicly traded corporation, the latest annual report listing all officers shall be provided.

e) Bidder must be financially responsible, as demonstrated by:

i. A lack of pending lawsuits or substantive outstanding judgments or liens, including Federal or State tax liens.

ii. A satisfactory credit history as evidenced by a review that may be made by PNW BOCES/School District.

iii. Work performance.

iv. Such other information as PNW BOCES/School District, in its sole discretion, determines is relevant to the responsibility of the bidder.

f) Upon investigation of any references and information submitted by the bidder, PNW BOCES/School District reserves the right to reject any bid where it is found that the bidder’s qualifications are not consistent with the information presented.

g) Contractor must provide copies of all applicable Federal & State licenses required to perform the services in the scope of this bid.

h) The contractor shall submit a resume of experience, a list of current clients, key technical staff, principal’s name and telephone number, and references as deemed feasible.

4. BID PROCEDURES AND REQUIREMENTS

I. BID PACKAGE: Bids will be received at 200 BOCES Drive, School Services Building, Attention: Purchasing Department, Yorktown Heights, NY 10598 until 11:30 AM on June 12, 2025, at which time they will be publicly opened, and the 1st year bidamounts will be read aloud.

The contract period shall be from July 1, 2025, through June 30, 2026. PNW BOCES reserves the right to renew with two additional one-year options if deemed in the best interest of PNW BOCES/District.

Bidder may be required to submit evidence that they possess the necessary equipment, experience and means to satisfactorily perform and render the work and service herein described. PNW BOCES, in its sole discretion, shall determine the adequacy of equipment, experience, and means.

No interpretation of the meaning of the specifications or other contract document will be made to any Contractor orally. Every request for such interpretation should be made in writing, via PNW BOCES’ solicitation on www.bidnetdirect.com by May 20, 2025, at 12 p.m. Answers will be posted as an addendum on www.bidnetdirect.com on May 22, 2025.

BID PACKAGE:

II. DISCREPANCIES: Discrepancies and questions related to the bid documents and specifications must be brought to the attention of the Purchasing Agent by means of a question posted on www.bidnetdirect.com before submission of the bid. Failure to obtain clarification in writing shall not relieve the Contractor of performing the normal good practice of the industry.

III. BID PRICING AND USAGE: The awarded vendor will extend bid pricing to PNW BOCES’ eighteen component districts as follows: Bedford CSD, Brewster CSD, Briarcliff UFSD, Carmel CSD, Chappaqua CSD, Croton-Harmon UFSD, Garrison UFSD, Haldane CSD, Hendrick Hudson CSD, Katonah-Lewisboro UFSD, Lakeland CSD, Mahopac CSD, North Salem CSD, Ossining UFSD, Peekskill CSD, Putnam Valley CSD, Somers CSD, Yorktown CSD. Use of this bid and any resulting award is limited to those school districts who are members of the Putnam Northern Westchester BOCES Purchasing CoSer, who will not be charged additional travel costs. Any other school district or municipality wishing to utilize this bid must first get the approval of the vendor to extend the awarded pricing and can be additionally charged for travel at the current IRS mileage reimbursement rate.

SECTION B – INFORMATION SECTION

1. BID GENERAL CONDITIONS

All invitations to bid issued by PNW BOCES will bind bidders and successful bidders to the conditions and requirement set forth in these general conditions and such conditions shall form an integral part of each contract awarded by PNW BOCES.

A. DEFINITIONS

"PNW BOCES" shall be the legal designation of the Board of

Cooperative Educational Services, Putnam/Northern Westchester Counties.

"Board" The Board of Education.

"Bid" an offer to furnish materials, supplies and/or equipment in accordance with the invitation to bid, the general conditions and the specifications.

"Bid Sheet" the form on which the bidder submits his bid.

"Bidder, Contractor, Vendor" any individual, company or corporation submitting a bid.

"Successful Bidder" any bidder to whom an award is made by BOCES.

"Specification" description of contract work to be done.

B. BIDS

1. The date and time of the bid opening will be given in the Notice to Bidders.

2. All bids must be submitted on and in accordance with forms provided by the Board.

3. All bids received after the time stated in the Notice to Bidders may not be considered.

The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of PNW BOCES. Whether sent by mail or by means of personal delivery, the bidder assumes the responsibility for having bid deposited on time at the place specified.

4. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the services, supplies, materials, or equipment required and a representation that the bidder can furnish the services, supplies, materials or equipment satisfactorily in complete compliance with specifications. Furthermore, the Bidder represents it is acquainted with work site conditions under which the contract work is to be performed.

5. Prices and information required, except the signature of bidder, should be typewritten or printed clearly. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

6. No charge will be allowed for federal, state, or municipal sales and excise taxes since the school District and PNW BOCES are exempt from such taxes.

7. In all specifications, the words "or equal" are understood after each article giving manufacturer's name or catalog reference, or on any patented article. The decision of PNW BOCES as to whether an alternate or substitution is in fact "equal" shall be final.

If bidding on items other than those specified, the bidder must in every instance give the trade designation of the article, manufacturer's name and detailed specifications of item he proposes to furnish. Otherwise, the bid will be construed as submitted on the identical item as specified

8. Under penalty of perjury, the bidder certifies that:

(a) The bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids and,

(b) The contents of the bid have not been communicated by the bidder, nor to its best knowledge and belief, by any of its employees or agents to any person not an employee or agent of the bidder, or its surety, on any bond furnished herewith prior to the official opening of the bid.

Bids are to be submitted at 200 BOCES Drive, School Services Building, Attention: Purchasing Department, Yorktown Heights, NY 10598 until 11:30 AM on June 12, 2025, at which time they will be publicly opened, and the 1st year bid amounts will be read aloud.

9. This will be the Only acceptable form of submission. Bids submitted in any other format will be rejected.

10. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the Purchasing Agent. Notice of any and all such interpretations and any supplemental instructions will be published on www.bidnetdirect.com in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.

11. The Contractor has the burden to provide proof that all insurance certificates, permits, licenses, franchise agreements, etc. have been renewed and are up to date. Failure to do so may disqualify the Contractor from bidding.

C. AWARD

12. PNW BOCES reserves the right to reject all bids. Also, reserved is the right to reject, for cause, any bid in whole or in part to waive technical defects; qualifications;

irregularities, and omissions if in its judgement the best interests of PNW BOCES will be served.

13. PNW BOCES at its discretion may choose to award all, part, or none of this work as a result of this bid. PNW BOCES reserves the right to award the contract in its entirety or may at its discretion and in its best interest, award to more than one Contractor.

Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

14. PNW BOCES reserves the right to make awards within (60) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in his bid that acceptance thereof must be made within a shorter specified time.

15. If the Contractor, prior to submission of his bid, fails to notify PNW BOCES in writing of the existence of any condition, ambiguity, inconsistency or error in any of the contract documents, or of a conflict between provisions in a contract document and provisions of a State Law or applicable code, their bid will be conclusively presumed to be based upon the interpretation of such ambiguity or inconsistency, or the directions correcting such error or conflict which may subsequently be given.

16. In the event of conflict, ambiguity and/or unclear circumstances between any of the requirements of the Contract Documents, the requirement that is most inclusive and of highest quality, quantity, and/or cost shall govern. The Contractor shall (1) provide the better quality or greater quantity of work/product and/or (2) comply with the more stringent requirement; either or both in accordance with PNW BOCES Representative’s interpretation. The Contractor herewith agrees that no extra compensation shall be awarded to the Contractor based upon a claim of conflict, ambiguity or unclear circumstances in the Contract.

17. Recommendation to award will be made to the lowest responsive and responsible bidder on a line-item basis, as it will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment or supplies to be furnished, their conformity with the specifications, the purposes for which required and the terms of delivery.

18. Whereby a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

19. There shall be no additional costs for delivery, freight, lift gate charges; all charges must be included in prices quoted.

2. CONTRACT CONDITIONS

1. Each bid will be received with the understanding that the acceptance thereof in writing by Purchase Order or letter by PNW BOCES, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and PNW BOCES. The contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. The Purchase Order shall bind PNW BOCES to pay for the product at the awarded contract prices. PNW BOCES has the right to use any other qualified vendor that is in the best interest of PNW BOCES as well as not being required to use the awarded vendor in the case of emergency.

2. The placing in the mail of a Notice of Award or Purchase Order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract.

3. If the successful bidder fails to deliver within the specified time, or within reasonable time as interpreted by PNW BOCES, or fails to make replacement of rejected work when so requested, immediately or as directed by PNW BOCES, PNW BOCES may contract with other sources. On all such contracts, the successful bidder agrees to reimburse PNW BOCES promptly for any excess costs.

4. The quality of service, including Contractor records, shall be subject to inspection by PNW BOCES at any time. Should it be found that quality of services being performed is not satisfactory, or that requirements of the specifications are not being met, PNW BOCES may terminate the Contract for cause and employ another Contractor to fulfill the requirements of the Contract.

5. Cancellation of contract for any reason may result in the removal of the successful bidder's name from the distribution list for future proposals.

6. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contracts, to any other person, company, or corporation without the previous written consent of PNW BOCES.

7. Contractor shall assume all obligations to hold the Board of Trustees free and harmless from every expense, liability or payment by reason of any injury to any person or persons, suffered by reason of or through any act or omission of the contractor in the performance of the work and as otherwise set forth and agreed to pursuant to the defense, indemnity and hold harmless agreement attached hereto, which form must be filled out by the contractor and provided with the bid proposal.

9. It is understood that this Contract in no way excludes PNW BOCES/District from using its own forces, or services provided by other School Districts or BOCES, or in any way limits PNW BOCES from using other contractors in performing similar or other services. PNW BOCES reserves the right to furnish parts and materials if it deems it to be in its best interest.

10. Contractor shall be legally responsible for compliance with all state, federal or local laws, regulations or ordinances relating to the job.

11. Contractor shall not subcontract any of the work without prior approval of PNW BOCES. If approved, subcontractors are bound by all of the terms and conditions of this primary contract.

12. Contractor shall not employ individuals or means which may cause stoppage or delay in the work under this Contract or that of any Contractor or any work in or about the premises of the buildings or any building or premises under the control of

PNW BOCES.

13. The Contractor shall furnish adequate supervisory and labor personnel to ensure the project is completed according to the agreed upon schedule. PNW BOCES reserves the right to reject and bar from the facility any employee hired by the Contractor.

14. PNW BOCES will not be responsible for receiving deliveries, or for the loss, theft, or damage of materials, supplies or other items belonging to the Contractor.

15. Contractor shall protect all persons and property from odors, dust and other environmental hazards resulting from contract related activities.

16. Contractor shall protect from damage the property upon which the work is to be done as well as surrounding properties and if any damage occurs shall, at contractor’s own expense, repair or otherwise make good such damage to the entire satisfaction of PNW BOCES.

17. Work performed under this agreement must be scheduled to avoid the interruption of PNW BOCES operations and contact with students and staff.

18. Each BOCES/District will arrange all ordering and shipping instructions with the successful bidder (“Seller”). Delivery dates and locations shall be mutually agreed by each BOCES/District and the successful bidder. If needed, the Seller must provide a fork lift truck and driver to unload the items being delivered to the school district at a pre-determined drop-off site. Bidder must be able to deliver to each location on a regular basis.

19. Orders shall be placed in advance of the delivery day and at the designated delivery points as mutually agreed upon by each participating school district and the seller.

Delivery is expected for all orders from this bid to the Agency delivery points, including shipments to individual schools within the school district.

20. Seller must give advanced notice to the agency prior to impending deliveries and also give advance notice to the school district if a shipment will be delayed.

21. The seller must not deliver products in advance unless specifically authorized by the school district.

22. In the event the Agency is unable to effect a cancellation of delivery, the seller shall be notified and alternate arrangements may be made that are mutually agreeable to both parties.

23. Deliveries must be accompanied by an itemized, unit and extended priced delivery ticket for each delivery locations as instructed by each school district.

24. All deliveries must be signed and dated by an authorized representative of the school district.

25. Vendors must disclose any family or any other personal relationships with district administrators or Board members.

26. All supplies bid on must meet the OTC (Ozone Transport Commission) Regulations.

You may view the regulations at http://www.dec.ny.gov/regs/2492.html Part 235:

Consumer

Products - Subpart 235-3: Standards.

27. The Food and Drug Administration requires that any food product which carries the wholegrain health claim must by regulation contain 51% or more whole-grain ingredients by weight per reference amount.

28. Bid items specified as “Whole Wheat” or grain, requires that the product be composed of a minimum of 51% or better of the primary grain as listed by weight in the ingredient statement.

29. DELIVERY: The school districts need to know the normal lead time from date of order to the delivery date. There are no central warehouses. Delivery shall be to each of the school district delivery points including shipments to individual schools within the school district and PNW BOCES delivery points. These delivery points should be used as the basis for determining the bidder’s F.O.B. destination perimeter and must be clearly and specifically stated in your bid.

a. All deliveries shall be for the specific day ordered or as instructed by the agency.

If no specific day is indicated, then delivery must be within seven (7) calendar days from the date of the issuance of the order from the district.

b. Deliveries shall be made to inside facilities at locations mutually agreed upon by each Agency and the seller.

c. If a supplier is out of stock on a product, then the Agency Food Service Manager must be notified by the seller of the stock-out within 48 hours after placing the order.

d. In the event of a non-scheduled closing by an Agency, every effort will be made to cancel a delivery before the seller’s delivery run begins.

e. Deliveries made to locations and, at times not specified by each Agency or not signed as specified, shall be considered “non-delivered” and not subject to payment by the Agency.

f. Delivery of product is expected to be in the company’s DOT registered commercial vehicles and NOT in personal vehicles that do not meet Federal and NYS Health Codes.

g. The awarded Bidder shall be liable for monetary losses incurred by any Agency as a result of the Bidder’s failure to meet the stipulated delivery schedule attached to and made a part of this bid, i.e. losses resulting from the need to purchase locally on the open market bid items that the Bidder failed to deliver, incorrectly substituted products or products delivered in an unusable condition.

h. Inside delivery will be made as specified, unless otherwise noted.

i. No additional BOCES staff assistance should be expected in unloading or stocking of materials being delivered. Delivery can be expected at ground or loading dock level.

j. Delivery paperwork, including purchase order numbers, shall be provided at the time of delivery for checking in and verification of the items being delivered.

30. . SELLER MANIFEST: The seller shall provide as directed by each Agency a monthly statement reporting the specific units delivered, the unit price and dollar extension for each delivery location.

31. BUY AMERICAN PROVISION: Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a provision, Section 12(n) to the NSLA (42 USC 1706(n)), requiring school food authorities (SFAs) to purchase, to the maximum extent practicable, domestic commodity or products. Section 12(n) of the NSLA defines “domestic commodity or product” as an agricultural commodity that is produces in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. “Substantial” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, America Samoa, Virgin Islands, Puerto Rico and Northern Mariana Islands are allowed under this provision as territories of the United States. The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals program.

3. CONTRACT SPECIFICATIONS

Quality of Milk All milk products shall be freshly packaged and have a good color and flavor and freshness.

Vendor will be able to verify that all milk is free from artificial growth hormones (rBST/rBGH), and that no sub-therapeutic antibiotics are added to the animal feed.

All flavored milks will be without high fructose corn syrup.

Vendor will supply milk that is not ultra-pasteurized.

Milk will be delivered to schools within 72 hours of processing.

Compliance For the purpose of these specifications, all milk products shall be required to have been produced in plants that are in full compliance with The Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), and state and county health codes as related to the production, handling and distribution of milk goods.

NonCompliance Milk products that fail to meet the specifications of this contract shall be rejected by the district. The vendor will be notified by telephone and replacements requested. When the vendor is unable to replace the rejected quantities within sufficient time to meet the district schedule, the district shall be permitted to purchase the rejected item on the open market, charging the difference in cost to the vendor. The continued failure on the part of the vendor to meet the terms of this contract shall constitute grounds for cancellation of the contract. Cancellation of contract shall be presumptive evidence that the vendor is not a responsible bidder.

Samples prior to Bid Award In determining awards, serious consideration will be given to the acceptability of the product based on the preferences of the children who eat in the various cafeterias.

Samples may be required to ascertain this acceptability by children.

Samples during the Term of the Contract Where samples are required, the business office of the school shall inform each bidder.

The successful bidder shall be expected to furnish the required samples from regular production runs.

Inspection The successful bidder’s plant facilities shall be subject to inspection by a representative of the School District, State Office of General Service Department, or the New York State Department of Agriculture, at any time during the normal working day. The Board of Cooperative Educational Services, or any of its officers, or any properly authorized representative, shall have the right to inspect the premises, facilities and methods on or by which the milk is produced and may make, or cause to be made, standard tests of any milk delivered for the purpose of determining whether the contract is being properly performed.

Deliveries Deliveries are to be made strictly in accordance with instruction on the Purchase Order received from each Authorized User, on the day and date and within the time frame specified, in clean properly sealed containers and at a maximum temperature of Forty

(40) degrees Fahrenheit on delivery. If there is a discrepancy between the purchase order and what is listed on the contract, it is the contractor’s obligation to seek clarification from the ordering Authorized User.

All deliveries of milk shall be available on a minimum of One (1) day, with a maximum of Three (3) days, as requested by each district. The hours of delivery must be made between the hours of 5:00 A.M. and 9:00 A.M., unless other times are arranged specifically with a district. Deliveries must be made inside of the school due to temperature restrictions.

Each delivery must include a packing slip which shall list the materials delivered. Milk cartons shall be packed in crates so that they do not move about loosely. Where government commodities are used, that information must be states on the packaging slips or on a wrapper indicating USDA materials are used in the manufacture of the product. The vendor must provide a standard milk crate for delivery. The vendor is obligated to remove all empty crates as provided by the district for pickup. Delivery containers used must be suitably constructed to prevent spillage of contents.

Delivery personnel should be appropriately uniformed and readily identifiable with visual name and company identification. Contractors shall consult with Authorized Users concerning any other security procedures or delivery protocol.

The product delivered must be strictly in accordance with the Region awarded.

Contractor shall be responsible to make no shipment of the product that will be exposed to conditions during transit, detrimental to the product. Products must be delivered strictly in accordance with specifications and shall be “Ready for Use”.

Smaller Vehicle Use for Delivery Since delivery sites may be located in non-industrial areas, it is anticipated local ordinances may restrict and/or prohibit the use of 40,000-pound (40’) vehicles.

Consequently, deliveries to these locations are required to be with smaller vehicles – 26,000 pound (20’ straight trucks r 24’ “pups”), or smaller capacity/size vehicles. In such cases, it is not only a requirement to use smaller vehicles, but it also remains the Contractor’s responsibility to determine and comply with local ordinances and requirements.

Quantities The indicated quantities are based on estimated annual requirements under present operating regulations and Federal Legislation. These quantities may be subject to change, in accordance with possible revisions in Federal School Lunch Regulations.

Placement of Orders Orders shall be placed in advance of the scheduled delivery day. In the event of a change in the order, the vendor will be notified not later than 3:00 P.M., preceding the day of delivery.

Where a non-scheduled school closing occurs and the school is unable to notify the vendor before the delivery begins, or in the event that the vendor is informed of a non-scheduled closing on the morning of delivery, the school shall accept and store the order, providing personnel and the necessary refrigeration space is available. If this is not possible, the school will advise the vendor. The order shall then be picked up by the vendor and held pending instructions for subsequent delivery.

Receiving & Billing All deliveries must be accompanied by a delivery receipt certifying the physical delivery of the product. In the event deficiencies are later noted and a properly signed receipt is not available, the Contractor will be responsible to ship adequate additional product, as soon as possible, to resolve the deficiency. Such certification does not imply acceptance of product. Acceptance shall be made only after the inspection of goods by the Authorized User. All such receipts must be signed and dated by an authorized representative of the school, when possible. Deliveries made to locations not designated on the delivery schedule, or without a signed delivery receipt, shall be considered as “non-delivery”. The successful bidder is responsible for providing a monthly statement to the school reflecting the total units or each item, its unit cost, and the dollar extension for each given month. The statement is to be sent to the office of the School Lunch Manager. THIS STATEMENT MUST BE RENDERED TO THE SCHOOL

NO LATER THAN THE FIFTH WORKING DAY OF THE SUCCEEDING MONTH.

Each School District must be billed separately.

Fluid Milk Specifications All Fluid Milk must be from sources approved by the New York State Department of Agriculture and Markets. Required licenses and health permits shall be effective at all times during the period of the contract. Cancellation or revocation of license for non-compliance with any order of the Commissioner of Agriculture and Markets shall automatically cancel any resultant contract.

The Contractor guarantees that all Fluid Milk shall not be adulterated or misbranded and complies in all respects with all applicable guidelines and standards defined by the NYS Department of Agriculture and Markets. No Escherichia coli 0157:H7 (E.coli), or any other pathogens, contaminants, or debris, are permitted in any product.

Freshness Codes Packaging shall contain a clearly legible, freshness code that contains the last date of use for sale, expressed in terms similar to “fresh thru:, “use by”, “for sale by”, or some other logo easily read of understood by the general public.

Product Integrity & Refrigeration Contractors have agreed to preserve product integrity, wholesomeness, safety, and fitness for human consumption, by maintaining proper temperature during storage and transportation through the use of fully functional refrigerated facilities and vehicles specifically designed for safe transportation or refrigerated and frozen foods.

Fluid Milk must be at all times stored and transported at a temperature that prevents freezing and does not exceed Forty (40) degrees Fahrenheit. Ambient trailers shall not be used to ship refrigerated/frozen products.

Unusable Products Any claim that delivered product is unusable (damaged, rotten, non-edible, unacceptable substitution, etc.), shall be resolved by credit, substitution, or any other means acceptable to the district for resolution within Five (5) business days upon written notice received from the district. Full credit is also to be given for all damaged containers, or “leakers”. If a satisfactory resolution is not reached between the district and the Contractor, a decision may be made by the Office of General Services (OGS), that shall be final.

Product Substitutions There shall be no substitution of products ordered without the express authorization of the district. The district will not be held liable for unauthorized product substitutions.

When authorized, substitutions shall be made of same or better grade, quality, etc., however, substitutions should not be made on a continuing basis.

Nutritional Requirements for Schools Federal Law required schools to provide only Low fat of Fat-free milk to students.

Contractors are advised that during the source of the contract resulting from this Award, participating schools may need to adjust their buying patterns in order to comply with new statutes or guidelines regarding nutritional standards. Such adjustments would primarily affect the classes of milk purchased and not the quantity.

Guarantee The successful bidder hereby guarantees to repair damages of any kind for which he or his employees are responsible, to the building or equipment, or to the work of other contractors.

Federal, State and County Regulations Proper permits and licenses shall be effective at all times during the period of this contract. Cancellation of permit or revocation of license shall automatically cancel the contract. Documentation shall be made available to PNW BOCES/District upon request.

All supplies furnished shall comply in all respects to the standards and regulations established by Federal and/or New York State laws, including the Federal Pure Food and Drug Act and subsequent decision by the United States Department of Agriculture.

Inability to Deliver If for the reason of a strike or for any other reason, the contractor fails to make the required deliveries the school may obtain same, or any part thereof, from other sources. The difference in cost, if any, shall be charged against the contractor. In the event that the supplier is unable to continue serving the school district, he agrees to give reasonable notice to the Board of Cooperative Educational Services.

Cancellation of Contract for Convenience The Board reserves the right to discontinue the purchase of milk if the above specifications are not met, or if the taste of milk is not satisfactory, prior to the end of the term, pursuant to the terms and conditions of the Contract. The judgment of the school or authorized representative shall be conclusive.

Price Price shall include delivery and unloading by the Contractor to the location and within the time frame stated in the Purchase Order.

Price shall include all customs and duties and be net price, F.O.B. Destination, any point in New York State.

Annual Price Adjustment (CPI-U) _ Base contract pricing will remain firm for the initial year of the award. Thereafter, an annual price adjustment will be allowed based on the Consumer Price Index (CPI-U), for all Urban Consumers.

Price adjustments using the CPI-U, involve changing the base quart price for each type of fluid milk offered by the percentage change in the level of the CPI-U, between a “reference” period and a “subsequent” time period. The “reference” period shall be the month in which the bid opening was held, and the subsequent time period shall be September of each year. Every price adjustment (up or down) shall be based on comparing the reference period and the following subsequent CPI-U September figure.

Each price adjustment shall be effective the following July. In the event of an increase or decrease in the Class 1 (one) price, including butterfat and skim milk prices, pursuant to the provisions of Article 21, as amended by Chapter 383 of the Laws of 1937, of the Agriculture and Markets Law, and/or Federal or State Milk Marketing Agreement or Order, PNW BOCES will authorize an adjustment of the prices paid for Fluid Milk delivered under contract to facilities located in the milk marketing area.

Volume Discounts Awarded Contractors may offer “volume discounts”. Volume discounts shall be additional discounts applied to all future orders made by the Authorized User, once and established volume has been met by that Authorized User.

Rounding Down of Prices Any price which goes beyond the second place after the decimal point, shall be rounded downward in PNW BOCES/Districts, favor (i.e. a price of $2.15638, shall be computed and considered $2.15).

Products left on Dock Deliveries left on the loading dock without acceptance by the Authorized User shall be considered “abandoned goods” and shall be returned at the Contractor’s expense or disposed of at the discretion of the Authorized User.

Additional Products If a specific type of milk and/or the specific type of packaging/size is not listed, and there is a need by an Authorized User. PNW BOCES reserves the right to add the needed product/size. Pricing in such an event is to be commensurate with other Fluid Milk of a similar type/size.

Product Recall The contractor shall Immediately notify PNW BOCES of any recalls pertaining to contract items.

NYS Food Product Documentation Documentation must be provided upon submission of the bid for all Fluid Milk products that prove the products are a NYS Food Product as either a NYS Grown & Certified food product or provide a certified Product Formulation Statement as outlined in this document.

Authorized User Sales Reports Upon written request by an Authorized User, the Contractor shall furnish to such Authorized User, on each quarterly basis, a report listing the following: Name of products purchased, Quantity purchases, Unit price and Total dollar volume of purchases.

DELIVERY AND PREPARATIONS

Quantities given are estimates for planning purposes only. It is strongly recommended that the awarded Contractor(s), contact the individual districts identified on the participating schools to confirm accuracy prior to acceptance of Purchase Orders.

There is no guaranteed minimum sale to any awarded Contractor.

The vendor is responsible for unloading the products from their delivery vehicle.

Please note that some school districts have multiple receiving areas to account for different schools within the district. This specific delivery information will be divulged to local food partners by district representatives in advance.

Definitions

“Class I Milk” shall refer to all skim milk and butterfat: (1) Utilized and disposed of as a Fluid Milk in packaged form;(2) Moved to a plant as a Fluid Milk in bulk form where it is utilized or allocated as Class I milk, which in the case of movements to a non-pool plant not regulated by a Federal order shall be a quantity of Fluid Milks not less than that distributed as route disposition in the marketing area from such plant; (3) Contained in inventory of packaged Fluid Milks on hand at the end of the month; (4) In shrinkage assigned pursuant to section 21.32 of 1 NYCRR; and (5) Not specifically accounted for as Class II, III or IV milk.

“Fluid Milk” (1) Any Fluid Milks in fluid or frozen form containing less than nine percent butterfat that are in bulk or are packaged, distributed and intended to be used as beverages.

Such products include, but are not limited to: milk, fat free milk, low fat milk, light milk, reduced fat milk, milk drinks, and cultured buttermilk, including any such beverage products that are flavored, cultured, modified with added nonfat milk solids, concentrated meaning milk that contains not less than 25.5 percent, and not more than 50 percent total milk solids, or reconstituted. (2) The term "Fluid Milk" shall not include: (i) Plain or sweetened evaporated milk/skim milk, sweetened condensed milk/skim milk, formulas especially prepared for infant feeding or dietary use (meal replacement) that are packaged in hermetically-sealed containers, any product that contains by weight less than 6.5 percent nonfat milk solids, and whey; and (ii) The quantity of skim milk in any modified product specified in paragraph (1) of this subdivision that is in excess of the quantity of skim milk in an equal volume of an unmodified product of the same nature and butterfat content.

“USDA Federal Standards for Fluid Milk" Milks

Milk Fat Minimum

Milk Fat Maximum

Milk Solids Non Fat Minimum

Commercial 1989 Milk Fat

Whole 3.25% - 8.25% 3.30%

Low fat .50% 2.0% 8.25% 1.74%

Skim - .5% 8.25% .20%

1 | P a g e 0 4 / 2 0 2 5

Putnam Northern Westchester BOCES

200 BOCES Drive

Yorktown Heights, NY 10598-4399

(914) 248-2230 FAX (914) 245-4540

INSURANCE REQUIREMENTS

FOOD SERVICE PROVIDERS

[Including Caterers]

1. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the food service provider hereby agrees to effectuate the naming of Putnam-Northern Westchester BOCES (hereinafter referred to as “PNW BOCES”) as an Additional Insured on the food service provider's insurance policies, except for workers' compensation and N.Y. State Disability insurance.

2. The policy naming the District as an Additional Insured shall:

a. Be an insurance policy from an A.M. Best A- rated or better insurer, licensed to conduct business in New York State. A New York licensed and admitted insurer is strongly preferred.

b. State that the organization's coverage shall be primary and non-contributory coverage for PNW BOCES, its Board, employees and volunteers with a waiver of subrogation in favor of PNW BOCES for all coverages including Workers Compensation.

c. Additional insured status for General Liability coverage shall be provided by standard or other endorsements that extend coverage to PNW BOCES for on- going operations (CG 20

38) and products and completed operations (CG 20 37). The decision to accept an endorsement rests solely with PNW BOCES. A completed copy of the endorsements must be attached to the Certificate of Insurance to include General Liability, Auto Liability and Umbrella/Excess coverages.

3. a. The certificate of insurance must describe the services provided by the food service provider that are covered by the liability policies.

b. At PNW BOCES’ request, the food service provider shall provide a copy of the declaration page of the liability and umbrella/excess policies with a list of endorsements and forms. If requested, the food service provider will provide a copy of the policy endorsements and forms.

4. The food service provider agrees to indemnify PNW BOCES for applicable deductibles and self-insured retentions.

2 | P a g e 0 4 / 2 0 2 5

Putnam Northern Westchester BOCES

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

200 BOCES Drive Yorktown Heights, NY 10598-4399

(914) 248-2230 FAX (914) 245-4540

5. Minimum Required Insurance:

a. Commercial General Liability Insurance $2,000,000 per Occurrence/$4,000,000 Aggregate $2,000,000 Products and Completed Operations $1,000,000 Personal and Advertising Injury $100,000 Fire Damage $10,000 Medical Expense

b. Automobile Liability $1,000,000 combined single limit for owned, hired, borrowed and non-owned motor vehicles.

c. Workers' Compensation and NYS Disability Insurance Statutory Workers' Compensation (C-105.2 or U-26.3); and NYS Disability Insurance (DB-120.1) for all employees [per NYS WC and Disability laws]. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable. A person seeking an exemption must file a CE-200 Form with the state. The form can be completed and submitted directly to the WC Board online.

d. Umbrella/Excess Insurance $5,000,000 each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required General Liability and Auto Liability coverages.

6. The food service provider acknowledges that failure to obtain such insurance on behalf of PNW BOCES constitutes a material breach of contract and subjects it to liability for damages, indemnification and all legal remedies available to PNW BOCES. The food service provider is to provide PNW BOCES with a certificate of insurance, evidencing the above requirements have been met, prior to the provision of services. The failure of PNW BOCES to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any rights held by PNW BOCES.

Milk - NYS Geographic Preference Milk with New York State Geographic preference that must be NYS Grown & Certified or with acceptable product formulation statement.

Product Bid Unit Estimated Annual Quantity Unit Price Per Case Pack Price Supplier per Case Price Supplier per Pack Price Total Unit Price

Milk, 1/2 Pint, Fat Free Skim, White - NYS Each

Description Fat free skim, unflavored Milk. Half Pints packed in Crates. Must be NYS Certified or have acceptable Product Formulation Statement

Acceptable Brands Brand must be stated as NYS Certified of have acceptable Product Formulation Statement

Product Bid Unit Estimated Annual Quantity Unit Price Per Case Pack Price Supplier per Case Price Supplier per Pack Price Total Unit Price

Milk, 1/2 Pint, Fat Free, Chocolate - NYS Each

Description Fat free skim, Chocolate Milk. Half Pints packed in Crates. Must be NYS Certified or have acceptable Product Formulation Statement

Acceptable Brands Brand must be stated as NYS Certified of have acceptable Product Formulation Statement

Product Bid Unit Estimated Annual Quantity Unit Price Per Case Pack Price Supplier per Case Price Supplier per Pack Price Total Unit Price

Milk, 1/2 Pint, Low Fat 1%, White - NYS Each

Description Low fat 1%, , Unflavored milk. Half Pints packed in Crates. Must be NYS Certified or have acceptable Product Formulation Statement

Acceptable Brands Brand must be stated as NYS Certified of have acceptable Product Formulation Statement

Bid response checklist:

For processed items: