ATTACHMENT B

SCOPE OF WORK CONTRACT DH2647-FPD

STATEMENT OF WORK - SPECIFICATIONS

1.1 GENERAL SCOPE OF WORK/SPECIFICATIONS

The scope of work and specifications are contained in this section below. The contractor is expected to perform under this contract in full compliance with this specification, and all other terms and conditions in the contract.

1.2 USAGE QUANTITY OF BID ITEMS

1. Estimated Usage

Each bid item listed includes an estimated unit usage figure for the specified contract period. These estimates take into consideration past year’s purchases and long-term expectations. The estimated usage figures will be used in the bid tabulation.

2. Actual Usage

The actual usage of bid items may be more or less than the estimated usage.

1.3 BID PRICE QUOTES

1. Bid Unit Cost

The Bid Unit Cost is a fixed cost. The Bid Unit Cost includes all profit and all related operating expenses incurred by the supplier for the procurement, storage, handling and delivery of each bid item excluding Net Unit Cost. The Bid Unit Cost quoted by the bidder must be firm for the entire contract period specified in the opening request for bids.

If during the contract period, the Salt Lake City School District determines that the supplier charged the SLCSD more than the Bid Unit Cost, the contract may be immediately canceled, and the supplier will be labeled as "UNFAVORABLE TO THE DISTRICT" which may result in future bid disqualification.

2. Net Unit Cost

The Net Unit Cost is a variable cost. The Net Unit Cost is the purchase price charged to the supplier by a producer/seller on a Legal Bill of Sale for the procurement of specified bid items. Each Legal Bill of Sale must state purchase price, purchased quantity, item description and a delivery date which must not exceed 10 days prior to the actual delivery date of the produce item to the Salt Lake City School District.

Throughout the contract period, the Salt Lake City School District Purchasing Department reserves the right to fully examine all Legal Bills of Sale used to determine the Net Unit Cost of produce items sold to the SLCSD.

THE BIDDER MUST PROVIDE WITH THE BID A COPY OF THE LEGAL BILL OF SALE USED TO ESTABLISH THE NET UNIT COST OF EACH ITEM BID UPON. EACH LEGAL BILL OF SALE MUST SHOW NORMAL PURCHASING VOLUME BY THE SUPPLIER AND A PRODUCE DELIVERY DATE OF NO EARILER THAN AUGUST 1, 2025.

3. Total Unit Cost

The Total Unit Cost is the total purchase price charged by the supplier for a unit of produce, which is the Net Unit Cost + Bid Unit Cost. All profits and expenses incurred by the supplier must be included in the Total Unit Cost. The supplier may charge a lower Total Unit Cost to be competitive, but the supplier can never exceed the Bid Unit Cost as specified in the bid.

1.4 BID SPECIFICATIONS

1. General Specification

The vendor shall provide and deliver fresh produce as required in this contract to various schools throughout the SLCSD. The list of schools and school locations are identified on Attachment D to this contract. All produce shall be handled, maintained, and transported to the various destinations in accordance with the terms of this contract and with all applicable federal/state and/or local laws/ordinances. Produce items and pricing are identified on Attachment C to this contract. All goods purchased must be GRADE “A” #1 or better, as defined by the United States Department of Agriculture, unless otherwise specified in this contract.

2. Department of Defense (DoD) Fresh Fruit and Vegetable Program

USDA's Food and Nutrition Service partners with the Department of Defense (DoD) to buy and distribute fresh fruits and vegetables to schools through a state contracted vendor using USDA’s federal commodity entitlement dollars. The amount of entitlement dollars and the method of distribution is determined by the state of Utah. It is understood that SLCSD has and will continue to participate in the DoD Fresh Fruit and Vegetable Program, and priority will be given to spend all available DoD funds, resulting in a reduction in the total amount of fresh produce purchased from the vendor each year. The vendor agrees to work closely with SLCSD and the state contracted DoD distributor to ensure school kitchens receive the requested quantity and quality of fresh produce they need each week.

3. Buy America Act All performance under the contract must conform to the Buy American Act as outlined in 7 CFR part 210.21(d) which requires specific instructions for prior approval of all non-domestic product(s).

All non-domestic products sold to SLCSD must be identified and reported by the vendor to SLCSD quarterly, from July 1 through June 30. Reports must include product descriptions, quantity, and total sales per item; and include the accumulated total sales of all non-domestic products for the fiscal year.

4. Maintenance of Inventory

Vendor shall adequately purchase stock and maintain inventories of the specified items identified on Attachment C to ensure access to the desired quantities as needed by the SLCSD. The vendor must effectively communicate with the Child Nutrition Department regularly to ensure that inventories are properly maintained so that the individual school needs are met.

5. Open Window

The vendor will provide a way for the SLCSD to pick up merchandise at the vendor’s warehouse during SLCSD normal working hours throughout the contract period. Orders may be picked up and billed to the SLCSD only with prior approval by the Child Nutrition Department. If the vendor’s warehouse location is unacceptable to the SLCSD, an alternative means for providing emergency deliveries must be provided at no additional cost to SLCSD.

6. Order and Inventory Software

The SLCSD utilizes the Cybersoft PrimeroEdge Foodservice Management Software Suite to send electronic orders directly to the distributor in a timely manner.

The vendor must provide a compatible or equivalent food service management solution that accounts for inventory and ordering movement in real time, secures product inventories when the order is received, provides timely notification of inventory shortages, and accurately records on the invoice the bid price and quantity of all items sold.

7. Ordering Produce

1. Orders will be provided to the vendor from the Child Nutrition Department on or before the Thursday preceding each requested delivery date. Any questions from the vendor concerning a produce order must be directed to the Child Nutrition Department at 801-974-8386.

2. Please Note *** On each day of delivery, the vendor must submit a price list (using the standard order form) with firm price quotes for each item procured by the Child Nutrition Department during that calendar week.

8. Schedule of Delivery

A) Deliveries will be scheduled and performed in a manner that is efficient, prompt, and accurate. The vendor will inform the SLCSD Purchasing Department of any inconvenience that may distract from the required contract performance of this service.

B) Delivery frequency and delivery times to all sites will be coordinated with the Child Nutrition Department. Product deliveries must be made no earlier than 48 hours before the first school day of each week, and not later than 9:00 a.m. (MST). The SLCSD reserves the right to increase or decrease delivery frequencies to better accommodate the daily product usage and storage capacity at a kitchen site. Additional deliveries may be required at no additional cost to support the Fresh Fruit and Vegetable Program and the Summer Feeding Program.

C) If adequately bonded, the vendor may be provided with keys and security system codes to make after-hour deliveries. Vendors must agree to properly deactivate and reactivate alarm systems, secure all doors, report incidents, and keep keys and security codes confidential. Vendors must agree to use only insured and bonded drivers.

D) In case of school closures within the SLCSD on holidays, career ladder days, vacations, etc., the vendor will deliver on the day before the next scheduled school day. The vendor must work with the Child Nutrition Department to do all that is necessary to effectively stock and prepare all schools for START-UP after any lengthy period of school closure.

E) Delivery will be made to each specified location as scheduled without regard to load size or delivery cost. No delivery shall be made during the school lunch serving time.

9. Destination of Delivery

Delivery will be made only to locations specified in the attached List of School Locations (Attachment D). The vendor is required to deliver goods to appropriate storage areas (refrigerated or dry storage). The vendor will not be expected to place items on the shelves. All delivery receipts and invoices must be signed and dated by an authorized SLCSD Employee. No food for personal or private use may be delivered to school locations.

10. Usage Reports

The vendor will account for and maintain an adequate record of items purchased by the SLCSD throughout the specified contract period. This usage report includes item description, total units purchased per item, and total cost per item.

11. Item Promotions It is the vendor’s responsibility to inform the Child Nutrition Department of any additional known discounts or promotions available to the SLCSD during the contract period, and to assist the SLCSD in obtaining it.

12. Returned Merchandise

A) The SLCSD reserves the right, at no cost to the SLCSD, to reject and return any item which is defective or fails to comply with the specifications of the bid. This shall include, but is not limited to damaged containers, overdue deliveries, unacceptable substitution of product, and spoiled or unusable merchandise. At the request of the SLCSD, vendor shall immediately replace any item that has been rejected and returned to the vendor.

B) If a product is purchased and is later determined to be unacceptable, the item will be rejected and returned to the vendor at the vendor's expense. No item shall be considered satisfactory if it does not conform to our usual accepted methods for use, application, storage, handling, and delivery. The decision concerning the satisfactory use and performance of any item will be made at the sole discretion of the SLCSD Child Nutrition Department

13. Back Orders

A) All items ordered must be delivered to each location specified on the following scheduled delivery date. If an item cannot be delivered as specified, the vendor must immediately communicate to the Child Nutrition Department the reasons for non-delivery. Any back order must be approved by the Child Nutrition Department.

B) If the vendor cannot deliver the item before the date needed, the Child Nutrition Department will authorize a substitute product, cancel the item from the order, or purchase the item from another vendor, whichever is advantageous to the SLCSD.

C) Excessive back orders for returned merchandise and/or substitution of products caused by negligence or mismanagement on the part of the vendor will be considered grounds for cancellation of the contract.

14. Legal Bills of Sale

A) Each Legal Bill of Sale shall state purchase price, purchase quantity, item description and delivery date. No Legal Bill of Sale shall exceed a 10-day period prior to the actual delivery date of the product to the SLCSD.

B) Throughout the contract period, pursuant to the Records Administration Clause (Clause 6, Attachment A), the SLCSD Purchasing Department reserves the right to fully examine all Legal Bills of Sale used to determine the Net Unit Cost of produce items sold to the SLCSD.

1.5 CLEAN AIR ACT / FEDERAL WATER POLLUTION CONTROL ACT

Vendor shall comply with the applicable standards, order and/or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended.

1.6 ENERGY EFFICIENCY

Vendor shall comply with any mandatory standards and policies relating to energy efficiency which are or may be contained in any State of Utah energy conservation plan issued in compliance with the federal Energy Policy and Conservation Act.

1.7 INCENTIVES, DISCOUNTS, REBATES AND CREDITS

Vendor agrees to return any purchase incentives, discounts, rebates and/or credits to the SLCSD non-profit Child Nutrition account.

1.8 CONTRACT PERIOD AND PRICE ADJUSTMEMTS

The initial contract period will run from contract execution until June 30, 2027. This contract also includes two (2) one-year options to further extend the contract.

The per case markup quoted by the bidder shall be firm for the duration of the contract term. The per-case markup must remain fixed and will not be subject to change, ensuring consistent pricing throughout the agreement. Product pricing adjustments, if necessary, should be limited to the product cost only and will not impact on the agreed-upon per case markup.

1.9 Contract Award

It is anticipated that a single contract award will be made to the vendor that is responsive, responsible, and lowest total overall extended bid price. However, the SLCSD reserves the right to award multiple if we deem it to be in our best interests. Such situations may include proper coverage, delivery schedules, item availability, or other similar factors.

The SLCSD reserves the right to reject any bid that is found to be unbalanced, front-loaded, or otherwise disingenuous. This may include situations where prices for certain items are artificially lowered or inflated. Bids will be evaluated on a line-item basis, and any significant deviation from historical pricing or market norms may result in disqualification. SLCSD will conduct regular audits to ensure compliance with the agreed upon pricing. Vendors found to be engaging in front-loading or other unethical bidding practices may face penalties, including contract termination and disqualification from future solicitations.

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