24-15 Bread IFB FINAL.pdf

DEMING PUBLIC DISTRICT

1001 SOUTH DIAMOND

DEMING, NM 88030

Vicki Chavez, Superintendent

INVITATION FOR BIDS

Bread Products

IFB 24-15

OPENING DATE: March 18, 2025

Commodity Codes: 375

I . INTRODUCTION

The Deming Public Schools is seeking to enter into a term agreement with a vendor for bread products as specified herein. Under this contract, the Schools will purchase awarded items on an “as needed basis”. It is the Schools’ intent to award a multi-term contract, for an initial term of one year with the option to renew annually for up to three additional one year terms, total term not to exceed four years.

Open end bid prices will prevail through July 1, 2025 through June 30, 2026. This bid may be renewed annually for an additional three (3) years by agreement of both parties. The original year, plus renewal of three years, for a total of four years. Any agreement resulting from this bid may be terminated after a 60-day written notification to the operating address of either party. The quantities show are estimated quantities, there is NO guarantee of quantities to be ordered.

II. SCOPE OF WORK

1. The Board of Deming Public Schools reserves the right to reject any or all bids, to waive any technicalities and to accept the bid(s) which in its judgment is most advantageous to the Schools.

2. Bids will be awarded based on price. Items may be awarded on a line item or group basis (or any combination thereof), that may be deemed to be in the best interest of the Schools. Award may be made to multiple vendors or as a single award to one vendor, at the discretion of the Schools.

3. List prices on any item(s) shall be made available to Deming Public Schools within 24 hours or less of request. Request for price list(s) may be made during the bid evaluation period, prior to award, or at any time during the contract period. Information may be used to price is being applied correctly at all times. The Schools reserve the right to conduct an audit of billing at any time and to temporarily or permanently discontinue the contract at any time, with notice to the vendor, due to discrepancies or incorrect charges or other issues. Bidders are cautioned that items must be furnished at the prices quoted in their bid proposal. No price increase will be permitted during the term of an annual contract. In case of industry-wide market price changes, if it becomes necessary to increase the price, a letter from the Manufacturer must be submitted 30 days prior to any changes, stating the reason for the price increase; therein DPS reserves the right to cancel the agreement and re-bid the product(s).

4. The Schools reserve the right to order any quantities necessary as needed. Any minimum order requirements should be indicated as part of the bid response and will be subject to evaluation.

Further, the Schools reserve the right to place orders anytime, for any amount, during the contract period based upon any minimum quantities and time restrictions set forth by the successful bidder (hereinafter also referred to as the “vendor”) and attached to their bid response.

Approximate quantities for the 2025- 2026 school year are as follows:

2,600 Packages- 100% Whole Grain Hamburger buns 12 Count 4” 1,200 Packages- 100% Whole Grain, Hot Dog Buns 12 Count 6” 400 Packages- 100% Whole Grain, Bread Loaf 1-1/2 lb

5. The Schools may terminate this contract, in whole or in part, at any time and for any reason by giving thirty (30) calendar days’ written termination notice to the Vendor. Termination charges shall not apply unless both parties subsequently agree upon them in writing. The Vendor may terminate this contract in whole or in part, at the discretion and with written acceptance of the Schools with a minimum of 60 days’ written notice to the Schools.

6. Contract Period: A contract resulting from the award of this bid will be effective July 1, 2025- June 30, 2026 for approximately one year from the date of award and will have the option for renewal annually, for up to three additional one year terms.

7. When necessary, deliveries shall be made as specified at the time of delivery. Delivery costs shall either be included with the bid price or stated separately on the bid. Bread will be delivered to Deming Public Schools to the following Locations:

8.

Location Address Phone Bataan Elementary 2200 Hwy18 SW, Deming NM (575) 544-0900 Ruben S. Torres Elementary 1910 8th St NW, Deming NM (575) 544-2723 Red Mountain Middle School 2100 Hwy 418 SW, Deming NM (575) 546-0668 Deming High School 1100 S Nickle, Deming NM (575) 546-2678 Deming Intermediate 1750 Pear St SW, Deming NM (575) 546-6568 Columbus Elementary 7450 Altura RD SE, Columbus NM (575) 531-2710

*All deliveries will be made as close as possible to actual usage dates.

1. The bid will cover the cost of making emergency deliveries and picking up surplus bread for credit when requested.

2. 10. Guaranteed Performance: The bidder, if awarded a contract as a result of this bid, guarantees that the materials supplies are capable of the performance required in the specifications in this bid, and agrees to make such changes, adjustments or replacements as are immediately necessary in order for the materials to meet the purchasing requirements at no cost to the Schools. If defects or specification failures are discovered, the purchasing officer shall have the right, notwithstanding acceptance and payment to require the unit/item to be properly furnished in accordance with the specifications at the expense of the vendor.

3. Price Escalation: Requests for price escalations may be considered only under the following conditions:

A. Offered prices must be firm for at least ninety (90) calendar days after written notification of a contract.

B. All price increases shall be accompanied by a certified letter from the bidder's supplier showing the price increase to the bidder or other supporting documentation.

C. All invoices of the offered items, from suppliers to the bidder, shall be subject to auditing by the Schools and furnished upon request.

D. The Schools reserve the right to cancel a contract resulting from this request and solicit a new contract if the escalated price is above the current open market price for the same commodity. Cancellation of the contract shall not affect any outstanding orders.

E. All revisions of the price list shall become effective when they are received, in writing, and accepted, by Deming Public Schools, provided that they do not conflict with item F of this paragraph.

F. All approved price changes resulting from this escalation clause shall be firm for a period of ninety (90) calendar days after acceptance in writing by the Schools.

G. The bidder shall be limited to a maximum of two price escalations per contract period unless otherwise specified in this request or approved by the Schools.

H. The bidder shall provide to the Schools written notice of any requested price changes at least thirty (30) days prior to those changes taking effect.

III. CONDITIONS GOVERNING THE PROCUREMENT

The district will make every effort to adhere to the following schedule:

# Action Responsibility Date

1Issuance of IFB District 03/18/2025

2Deadline to Submit Written Questions Potential Bidders

3:00pm on 03/28/2025

3Response to Questions/IFB Amendments District 04/02/2025

4Bid Submission Bidder 3:00pm on 04/09/2025

5Bid Evaluation (N/A to Bid) Committee N/A

Selection & Notification of Finalist(s) (N/A to Bid) Committee N/A

7District Recommendation to Board Board of Education 04/17/2025

8Submission of Award District 04/18/2025

The Committee reserves the right to adjust the schedule for items #6 through #8 if the committee deems it necessary to provide adequate time for the evaluation of Bids.

IV. GENERAL REQUIREMENTS

A. Number of Copies

Filing electronically through Bidnet Direct, https://www.bidnetdirect.com

The attachments provided in this IFB will need to be returned along with the Bid.

IMPORTANT:

BIDS ARE DUE BY: April 09, 2025

IF THERE IS ANY PROBLEM REGARDING THE FOLLOWING BID SPECIFICATIONS OR

CONDITIONS THAT WOULD PREVENT YOU FROM SUBMITTING A BID, CONTACT THE CHIEF

PROCUREMENT OFFICER IMMEDIATELY FOR CLARIFICATION OR CONSIDERATION OF AN

ADDENDUM.

V . F O R M S

A. Campaign Contribution Disclosure Form Respondents are required to complete and return within its Bid a CAMPAIGN CONTRIBUTION FORM enclosed within this

IFB.

B. An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or Resident Veteran Business or Native American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the district to consider your bid at five to ten percent less than the amount submitted and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e., 01-503047-004). This section is void if using Federal Funds to pay for services.

C. Bid Forms: Respondents are required to complete and return within its Bid.

VI. CONTACTS

A. All questions regarding this Bid shall be submitted in writing, through fax transmittal or by e-mail. All questions must indicate the name and number of the Bid they are referring

to. All inquiries shall be directed to the Procurement Officer stated herein. Oral explanations or instructions given prior to the award of a contract shall not be binding.

Questions and/or suggestions concerning this Bid shall be directed to:

Kimberly Cardoza Chief Procurement Officer Phone No: (575) 546-8841

Fax No: (575) 546-8517 E-mail: procurement@demingps.org

B. Bidders shall not contact any other District official, evaluation committee member, or School district employee regarding this Bid or Bidders may be disqualified. The only approved contact shall be with the above referenced purchasing staff.

VII. GENERAL CONDITIONS

1. Acceptance of Conditions Governing the Procurement Bidders must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a Bid constitutes acceptance of the Evaluation Factors contained in this IFB.

2. Incurring Cost Any cost incurred by the Bidder in preparation, transmittal, presentation of any Bid or material submitted in response to this IFB shall be borne solely by the Bidder.

3. Prime Contractor Responsibility Any contract that may result from this IFB shall specify that the prime contractor is solely responsible for fulfillment of the contract with the Agency. The Agency will make contract payments to only the prime contractor.

4. Subcontractors Use of subcontractors must be clearly explained in the Bid, and major subcontractors must be identified by name. The prime contractor shall be wholly responsible for the entire performance of whether subcontractors are used.

5. Amended Bids Any Bidder may submit an amended Bid before the deadline for receipt of Bids. Such amended Bids must be complete replacements for a previously submitted Bid and must be clearly identified as such in the transmittal letter. The Deming Public School District personnel will not merge, collate, or assemble Bid materials.

6. Bidders' Rights to Withdraw Bid Bidders will be allowed to withdraw their Bids at any time prior to the deadline for receipt of Bids. The Bidder must submit a written withdrawal request signed by the Bidder's duly authorized representative addressed to the Procurement Officer. The approval or denial of withdrawal requests received after the deadline for receipt of the Bids is governed by the applicable procurement regulations.

7. Bid Form Responses to this IFB, including Bid prices, will be considered firm for ninety (90) days after the due date for receipt of Bids or sixty (60) days after receipt of a best and final Bid if one is submitted.

8. Disclosure of Bid Contents The Bids will be kept confidential until a contract is awarded or rejected by the Governing Body of the Deming Public School District at a public meeting. At that time, all Bids and documents pertaining to the Bids will be open to the public, except for material which is proprietary or confidential. The Procurement Officer will not disclose or make public any pages of a Bid on which the Bidder has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the Bid in order to facilitate eventual public inspection of the non-confidential portion of the Bid. Confidential data is normally restricted to confidential financial information concerning the Bidder's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57- 3A-1 to 57-3A-7 NMSA 1978. The price of products Bided or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an Bidder has made a written request for confidentiality, the District Purchasing Agent shall examine the Bidder's request and make a written determination that specifies which portions of the Bid should be disclosed. Unless the Bidder takes legal action to prevent the disclosure, the Bid will be so disclosed. The Bid shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation This procurement in no manner obligates the Deming Public School District or any of its agencies to the eventual rental, lease, purchase, etc., of any equipment, software, or services Bided until a valid written contract is fully executed and approved by the Deming Public School District, and other appropriate authorities.

10. Termination This IFB may be canceled at any time and any and all Bids may be rejected in whole or in part when the Agency determines such action to be in the best interest of the Deming Public School District.

11. Sufficient Appropriation Any contract awarded as a result of this IFB process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be affected by sending written notice to the contractor. The district’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review The district requires that all Bidders agree to be bound by the General Requirements contained in this IFB. Any Bidder concerns must be promptly brought to the attention of the Procurement Officer.

13. Basis for Bid Only information supplied by the District’s Purchasing Agent in writing should be used as the basis for the preparation of Bidder Bids.

14. Bidder's Terms and Conditions Bidders must submit with the Bid a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with the Deming Public School District.

15. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the district and the selected Bidder and shall not be deemed an opportunity to amend the Bidder's Bid.

16. Bidder Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the Bidder to adhere to the requirements specified within this IFB. The Procurement Officer will reject the Bid of any Bidder who is not a responsible Bidder or fails to submit a responsive Bid as defined in Sections 13-1-83 and 13-185 NMSA 1978.

17. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive Bids failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

18. Change in Contractor Representatives The District reserves the right to request/require a change in contractor representatives if the assigned representatives are not, in the opinion of the District, meeting its needs adequately.

19. Notice The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs.

20. Agency Rights The Agency reserves the right to accept all or a portion of an Bidder's Bid.

21. Right to Publish Throughout the duration of this procurement process and contract term, potential Bidders and contractors must secure from the district’s written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the Bidder's Bid or termination of the contract.

22. Ownership of Documents All materials, work papers, meeting notes, design documents, or other documents produced by the contractor shall be the property of the Deming Public School District. The original and one copy of all such documents shall be indexed and placed in appropriately labeled binders and delivered to the District Executive Administrative Assistant at the conclusion or termination of the contract.

23. Ownership of Bids All documents submitted in response to this Request for Bids shall become the property of the Deming Public School District

24. Exceptions Bidders shall list on a separate sheet of paper any variations from or exceptions to the conditions and specifications of this bid. This sheet shall be labeled "Exception(s) to Bid Conditions" and shall be included with the bid.

25. Debarment Checks Prior to awarding this bid, debarment checks will be completed through Sam.gov and generalservices.state.nm.us.

26. Preference

An 8% in-state resident or native American resident preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. A 10% resident veteran or native American resident veteran preference will be given to all resident New Mexico businesses that have been issued certification by the State of New Mexico. To qualify for the preference, the bidder must list a valid resident business certificate number and shall submit a copy of the certificate with the bid. If you have a question regarding a Resident Business (or Resident Veteran Business or Native American resident/veteran) Certification, or wish to be given a number, you may contact the New Mexico State Department of Taxation and Revenue at 505-827-0951. This number is valuable to have as it allows the district to consider your bid at five to ten percent less than the amount submitted, and could mean a difference in award. Please note that this number is NOT your State CRS Number (i.e. 01-503047-004). This section is void if using Federal Funds to pay for services.

REQUIRED BID FORMS

Campaign Contribution (pg.1)

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a Bid or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR

FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO

DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed Bid or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive Bid.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

Campaign Contribution (pg. 2)

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for Bids and ending with the award of the contract or the cancellation of the request for Bids.

“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed Bid process set forth in the Procurement Code or is not required to submit a competitive sealed Bid because that person qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: _________________________ Relation to Prospective Contractor:

Name of Applicable Public Official: _______________________Date Contribution(s) Made:

Amount(s) of contributions:

Nature of Contribution(s): _______________________________Purpose of contributions:

Signature, Title, Date

Campaign Contribution (pg. 3)

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS

($250) WERE MADE to an applicable public official by me, a family member or representative.

Signature, Title, Date

BID FORM

DEMING PUBLIC SCHOOLS

IFB 24-15 Bread Products

Bread Products

Hamburger Buns on Tray of 12 counts, 100% whole grain $_____________Per Dozen

Hot Dos Buns on Tray of 12 Count, 100% Whole grain $_____________ Per Dozen

100% Whole grain Bread Loaf 1 ½ lb. $ _____________ Per Dozen

Deming Public Schools

IFB 24-15

Bread Products

Costs for delivery (if requested) to Deming Public District is:

________ Included in bid price.

________Not included in bid price. Cost for Delivery is: _______________________

Bidder has taken exception(s) to any specifications or conditions? ____ Yes ____ No (If yes, please refer to paragraph 24 under general conditions)

5% Preference: NM Resident Business Certificate or Resident Veteran Business Certificate #: (Provide a copy of the certificate with bid)

(Number MUST have been issued after December 31, 2011, by the NM State Taxation and Revenue Department. Ref to paragraph 8 - General Conditions)

Copy of preference certificate is included with this bid? _____Yes ____No

Comments:

DEMING PUBLIC SCHOOLS

IFB-21-28

DAIRY PRODUCTS

VENDOR CERTIFICATION & INFORMATION

Signature

Printed Name & Title

Name of Primary Contact for Bid (if different than above)

Business Name (if applicable)

Mailing Address

City, State, Zip

Phone Number Fax Number

E-mail address (Primary contact for bid)

Website address (if applicable)

CONFLICT OF INTEREST DISCLOSURE STATEMENT

1. Are you or is any member of your immediate family* an employee of Deming Public Schools or elected or appointed to a committee, board, subcommittee, or council under the direction of Deming Public Schools?

____ Yes _____No

If yes, Please list the name(s) of the employee or Member

2. Do you have any other business or personal relationships, not covered in your answer to Questions 1 above that could appear to be a conflict of interest?

_____Yes _____No

If yes, please provide Details:

Signature: _________________________________ Date: ________

Printed Name __________________________________________

Address: ______________________________________________

Phone/Contact Number: __________________________________