7-Milk Products Bid Packet.pdf

1 | P a g e

MILK PRODUCTS

Procurement Services

Invitation to Bid #FF-F-G-26-12501-2042

2 | P a g e

ITB ADMINISTRATIVE INFORMATION

ITB Project Description: JOINT SCHOOL DISTRICT #2, DBA WEST ADA SCHOOL DISTRICT (the “District”), IS SEEKING BIDS FOR MILK

PRODUCTS FOR THE SCHOOL NUTRITION SERVICES

PROGRAM FOR THE 2026-2027 SCHOOL YEAR, WITH

AN OPTION TO EXTEND FOR UP TO FOUR (4)

ADDITIONAL ONE YEAR PERIODS.

ITB Lead: CATHY WRIGHT, PROCUREMENT MANAGER

WEST ADA SCHOOL DISTRICT

1303 E CENTRAL DR

MERIDIAN, ID 83642

PROCUREMENT@WESTADA.ORG

Register at Bonfire, in order to bid:

Westada.bonfirehub.com

Need help? Please contact Bonfire directly at eunasolutions.com/support/bonfire/ or 1.844.226.3862 for technical questions or issues related to your submission.

Deadline to Receive Questions: APRIL 29, 2026 @ 10AM MST Submit Questions to: SUBMIT ON BONFIRE

ITB Closing Date: MAY 5, 2026 @ 9AM MST All proposals must be submitted through Bonfire at:

https://westada.bonfirehub.com

Recommendation to the Board: JUNE 8, 2026 mailto:PROCUREMENT@WESTADA.ORG mailto:Support@GoBonfire.com mailto:PURCHASING@WESTADA.ORG https://westada.bonfirehub.com/

3 | P a g e

SPECIAL TERMS & CONDITIONS

1. INSTRUCTIONS:

The following instructions have been developed specifically for this bid and may or may not be the same as previous or future solicitations for this type of service or commodity. Therefore, all bidders are urged to review these instructions in detail before submitting their bids.

2. SCOPE OF CONTRACT:

The West Ada School District desires to purchase milk products as specified.

3. FAIR LABOR STANDARDS ACT

The bidder’s signature on the bid certifies that these goods are or will be produced in compliance with all applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and/or regulations and orders of the United States Department of Labor issued under Section 14 thereof.

4. USDA NON-DISCRIMINATION STATEMENT:

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (state or local) where they applied for benefits. Individuals who are deaf, hard of hearing, or have speech disabilities, may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD- 3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call

(866) 632-9992. Submit your completed form or letter to USDA by:

Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW Washington, D.C. 20250-9410 fax: (202) 690-7442; or email: program.intake@usda.gov.

This institution is an equal opportunity provider.

5. DEBARMENT AND SUSPENSION (Executive Orders 12549 and 12689) CERTIFICATION:

A school food authority is prohibited from contracting with a company or individual that has been debarred or suspended in accordance with 2 CFR Part 200. This prohibition does not extend to contracts in existence at the time of the debarment/suspension or to most contracts under $100,000 . Rather, it applies to new contracts and extensions or renewals of existing contracts of $100,000 or more and to contracts for audit services, regardless of amount. This prohibition does not apply to proposed debarments.

Contractor will immediately notify the School Nutrition Services Supervisor if Contractor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal entity.

https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.usda.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2FUSDA-OASCR%2520P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf&data=04%7C01%7CThomson.Catherine%40westada.org%7C4f9195f5de0a4adf812308d8b3448b0d%7Ce0d6252b4a93477e885c3a03eebc7753%7C0%7C0%7C637456454250457516%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=qZdiCpFgqdyRJZw4GsyMkRj49WWATsP8FO%2Bagiom5Gs%3D&reserved=0 https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.usda.gov%2Foascr%2Fhow-to-file-a-program-discrimination-complaint&data=04%7C01%7CThomson.Catherine%40westada.org%7C4f9195f5de0a4adf812308d8b3448b0d%7Ce0d6252b4a93477e885c3a03eebc7753%7C0%7C0%7C637456454250467514%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=0qFeaMAmtSTxXoDLH2ZA2hFy3pjCEeU%2FBy6PEuT8cAc%3D&reserved=0 mailto:program.intake@usda.gov

4 | P a g e

To ensure that a school food authority does not enter into a contract with a debarred or suspended company or individual, each school food authority must require that each responsive bidder include a certification statement with each bid on each contract. By signing the certification statement, the bidder certifies that neither it nor any of its principals (e.g., key employees) have been proposed for debarment, debarred, or suspended by a Federal agency. It is the responsibility of each bidder to sign the certification statement and submit it with any bid.

A school food authority may rely upon the certification statement submitted by a bidder unless school food authority personnel know that the certification is in error. ln such cases, the school food authority should contact the State agency for confirmation of the bidder's status relative to debarment and suspension.

6. BUY AMERICAN COMPLIANCE:

As a sponsor of the School Nutrition Programs, the District shall comply with the Buy American provision in 7 CFR 210.21(d) and all applicable USDA guidance.

The Contractor shall ensure that, to the maximum extent practicable, all food products supplied under this contract are domestic commodities or products.

A “domestic commodity or product” is defined as:

• An agricultural commodity that is produced in the United States; or

• A food product that is processed in the United States and contains over 51 percent domestically grown agricultural commodities by weight or volume.

Contractor Certification & Ongoing Compliance By submitting a bid, the Contractor certifies that all products supplied will comply with the Buy American provision.

This certification applies to:

• All products delivered throughout the term of the contract, not solely at the time of bid submission.

The Contractor shall:

• Identify the country of origin for all products supplied under this contract upon request

• Maintain records sufficient to document compliance

• Provide documentation to the District upon request, including but not limited to:

o Manufacturer certifications o Product specifications o Country of origin statements

Non-Domestic Products & Exceptions Exceptions to the Buy American provision are limited and may only be approved when:

1. The product is not produced or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality; or

2. Competitive bids reveal the cost of a domestic product is significantly higher than that of a non-domestic product.

No non-domestic product may be substituted without prior written approval from the District.

To request an exception, the Contractor must submit a written request at least 7 calendar days in advance of delivery that includes:

• Product name and description

• Country of origin

• Reason for exception (availability or price)

• Documentation supporting the request, including:

o Availability of domestic alternatives o Pricing comparison between domestic and non-domestic products

The District reserves the right to approve or deny all exception requests.

5 | P a g e

Rejection & Corrective Action The District reserves the right to:

• Reject any product that does not comply with the Buy American provision

• Require the Contractor to replace non-compliant products at no additional cost

• Require corrective action for any violation Repeated failure to comply may result in:

• Termination of the contract

• Removal from future bidding opportunities

Compliance Monitoring The Contractor acknowledges that the District is required to:

• Monitor Buy American compliance

• Track non-domestic purchases

• Maintain documentation for audit purposes The Contractor agrees to fully cooperate with all compliance reviews and audits.

7. SCHOOL NUTRITION PROGRAM REQUIREMENTS:

When information regarding the School Nutrition Program is requested in the following specifications, refer to the Food Buying Guide for School Meal Programs by Food and Nutrition Service of USDA to determine the meal requirements and equivalents met by each food item. For current information and updates, visit USDA Food Buying Guide for School Meal Programs at: http://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs.

8. PACKAGING/SHELF LIFE:

Packages shall be so constructed as to ensure safe transportation to point of delivery. Packaging should minimize breakage and maintain freshness. CASES SHOULD BE CLEAN. SOILED AND DAMAGED CASES WILL NOT BE ACCEPTED. Only new cartons shall be used for packaging. No previously used cartons shall be used for packaging.

No selling prices are to appear on any item delivered. All cases must be new. All packaging materials are subject to the approval of SNS. All cartons and/or cases delivered shall be clearly identified as to the contents and name of bidder (not shipper). Any expenses incurred by SNS for identifying shipments shall be deducted from vendor’s invoice. All packages must have a label attached identifying contents and instructions.

Unless otherwise stated within the specification of each individual item, shelf life to be within reasonable standards for all items and may be designated upon purchase of specific items if necessary. All items are to be coded with the date of production and/or "use by" date.

9. STORAGE FACILITY SANITATION REQUIREMENTS:

All products shall be produced and handled in accordance with applicable sanitary practices. Manufacturing and processing plants shall meet the standards of sanitation as determined by the Central District Health Department, State of Idaho, USDA and FDA as applicable.

10. TRANSPORTING FRESH AND FROZEN FOODS:

All frozen/refrigerated food items shall be delivered in properly insulated mechanical or thermostatic temperature controlled refrigeration equipment. Such equipment must be capable of maintaining a temperature to protect the products. All frozen products must be delivered in a hard frozen state, 10 degrees F. or below. All refrigerated items shall be delivered between 32°F-40°F, unless otherwise specified. Items not meeting temperature requirements will be refused and returned to vendor at vendor's expense.

11. FDA FOOD SAFETY MODERNIZATION ACT (FSMA) FINAL RULE FOR PREVENTIVE CONTROLS FOR HUMAN

FOOD:

http://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs http://www.fns.usda.gov/tn/food-buying-guide-for-child-nutrition-programs

6 | P a g e

The owner, operator, or agent in charge of a food facility that is required to register with FDA under section 415 of the Food, Drug & Cosmetic Act, shall evaluate the hazards that could affect food manufactured, processed, packed, or held by such facility, identify and implement preventive controls to significantly minimize or prevent the occurrence of such hazards and provide assurances that such food is not adulterated or misbranded, monitor the performance of those controls, and maintain records of this monitoring as a matter of routine practice.

For information regarding (FSMA) Final Rule for Preventive Controls for Human Food visit:

http://www.fda.gov/Food/GuidanceRegulation/FSMA

12. CLEAN AIR AND WATER:

Contractor shall be required to comply with all applicable standards, orders 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).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency.

13. ENERGY EFFICIENCY:

Contractor shall be required to meet all applicable federal energy conservation and efficiency standards pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201).

14. BID PREPARATION AND SUBMISSION:

a. Bids will be received, electronically opened, and acknowledged thereafter at the District Service Center, 1303 E. Central Drive, Meridian, ID 83642.

b. Bids received later than the time and date specified in the Invitation to Bid will not be considered.

c. All prices and other notations must be uploaded into Bonfire.

d. Bidder shall quote lowest net price, best delivery date, maximum discount terms for prompt payment, and make and model of the item offered.

e. All terms, specifications, and instructions set forth in this invitation are incorporated by this reference into your response.

Before submitting a bid, the Bidder shall thoroughly familiarize themselves with all Terms and Conditions of the bid, and any addenda issued before the Bid Closing. Such addenda shall form a part of the Bid and shall be made a part of the Contract Documents. It shall be the Bidder's responsibility to ascertain that their bid includes all addenda issued prior to the Bid Closing. Bidder should carefully review the information provided to ensure that they are thoroughly familiar with all the requirements, conditions, and cost implications that will exist if a contract is awarded to them. No proposal preparation costs will be assumed by WASD and are the vendor’s responsibility.

The Bidder must satisfy themselves by personal examination and by such other means as they may prefer as to the actual conditions and requirements under which the service must be performed. If under inspection and examination by the Bidder there are any existing conditions or requirements of the service which are not completely understood by the Bidder, they shall submit their question via the Vendor Discussions tab in Bonfire under the “Messages” section during the Q&A period.

The Bidder is responsible for correctly applying cost allocation to otherwise eligible products and services, and correctly identifying ineligible products/services on the bid form.

Bidders are expected to examine the specifications and all instructions of the bid. Failure to do so will be at the Bidder's risk. Each Bidder shall furnish the information required by this bid.

All bids must be submitted electronically to the following:

https://westada.bonfirehub.com/portal/?tab=openOpportunities http://www.fda.gov/Food/GuidanceRegulation/FSMA https://westada.bonfirehub.com/portal/?tab=openOpportunities

7 | P a g e

Refer to the project details in Bonfire for the deadline date and time, signed by a legal officer of the company having the authority to bind otherwise bid is considered non-responsive.

15. AWARDS & RESERVATIONS:

The Board of Trustees (The Board) of West Ada School District reserves the right to:

1. Reject all non-conforming, non-responsive, or conditional bids, to accept or reject any and/or all bids, or portions thereof.

2. Accept any part of the bids at prices quoted, to the best advantage of the District, unless bidder positively limits his bid to “all or none”.

3. Waive any minor informality or irregularity (error/omissions) in any bid.

4. Reject the bid of a Proposer who has previously failed to perform properly or complete on time contracts of a similar nature.

5. Reject the bid of a Proposer who has previously defaulted on any contract with the Owner.

6. Reject the bid of a Proposer who is not, in the opinion of the Owner, in a position to perform the contract; and or all bids when such reject is in the interest of the Owner.

7. To accept the bid(s) it deems to be in the best public interest.

8. The decision of the Board shall be final and conclusive.

Bids are subject to acceptance within sixty (60) days of closing date, and bids shall remain irrevocably in effect for one hundred and eighty (180) days after bid closing.

16. ERRORS IN BIDS/RELIEF FROM BID:

Bidders or their authorized representatives are expected to carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements before submitting bids. Failure to do so will be at the Bidder's own risk and he/she cannot secure relief on the plea of error. Idaho Code 54-1904C outlines the requirements placed upon the Bidder when declaring a request for relief. In case of error in extension of the prices in the bid, the unit price shall govern at the discretion of the District.

17. INCONSISTENCIES:

In the case of inconsistencies or disputes among the Agreement, the District’s ITB, and the Bidder’s Response to the ITB, the following order of precedence shall prevail in descending order of priority:

• The Agreement and any written and fully signed amendments and addendum hereto.

• The District’s ITB and any written amendments and addendum hereto.

• The Bidder’s Response to the ITB and any authorized written amendment, addendum or clarifications thereto.

The laws of the State of Idaho shall apply to all disputes arising out of this ITB, without application of any principals of choice of law.

18. COMMUNICATIONS:

Questions regarding this proposal must be submitted through the Vendor Discussions tab on the Bonfire app.

Refer to the project details in Bonfire for the dates and times of the question period. Questions cannot be received after the Q&A portal closes.

The District reserves the right to not respond to questions if doing so might violate any of the rules or laws governing this procurement process, gives one Respondent an advantage over another, or any other reason that impacts the integrity of the procurement process.

8 | P a g e

Attempts to communicate with any District employee or agent other than the District’s Procurement Services Department regarding any of the products, services, or ideas represented in this ITB will be viewed as an attempt to circumvent the competitive bidding process and may lead to the disqualification of the bid(s).

The District reserves the right to obtain clarification of any point in the bid by obtaining information necessary to properly evaluate the bid, including contacting subcontractors if listed in the proposal. Failure of a Bidder or subcontractors to respond to such a request for additional information or clarification may result in the rejection of the bid. The District’s retention of this right shall in no way reduce the responsibility of the Bidder to submit a complete, accurate, and clear bid.

19. BASIS OF AWARD:

Award will be made based upon the lowest price vendor that meets all the requirements as set forth in the

ITB.

20. METHOD OF AWARD:

Proposals are to be submitted via the Bonfire link. All required information is identified with a form, document, answer to a question, or electronic certification. Failure to upload a required document or fill in all blank spaces required in the documents may be cause for rejection of bid as non-responsive. The Owner reserves the sole right to determine whether a bid is non-responsive. All bidders submitting proposals shall acknowledge and abide by the Owners’ decision without recourse.

Award is contingent upon timely compliance with all Bid Conditions and Specifications which must be satisfied prior to beginning of service under the Contract.

As a result of the bid, the Contract will be awarded according to the authority granted the Board of Trustees of West Ada School District.

Prior to bid award, as evidence of qualification, a bidder whose proposal is under consideration shall, upon request, promptly submit satisfactory evidence of his financial resources, his experience, and the organization and equipment he has available for the performance of the contract.

The award of a bid shall not constitute an order. Before any shipments can be made, the vendor must receive a purchase order issued by the District. Shipments shall be made as specified on the order, conforming to the bid form, specifications, and general instructions. Any contract or purchase order issued pursuant to this bid invitation, and any monies which may become due hereunder, are not assignable except with the written consent of the Board of Trustees or its agent. Any requests for assignment must be directed to the purchasing agent in writing, stating the reason for the request and any other particulars germane to the proposition.

21. REJECTION/CANCELLATION

The District reserves the right to reject any and all bids. The District also reserves the right to cancel individual items, remove items, and award to the Bidder when it's to the best advantage of the District.

The District reserves the right to cancel this ITB and all supporting documents at any time. Cancellation notices shall be posted as addendum in Bonfire.

Qualifications of a bid with a requirement by Bidder for any minimum order other than as specified in this bid may be cause for rejection of Bidder's entire bid.

The Board specifically reserves the right to reject any conditional proposal and will normally reject those which make it impossible to determine the true amount and quality of the proposal.

9 | P a g e

22. VENDOR SELECTION:

The West Ada School District specifically reserves the right to evaluate, in its absolute discretion, the total proposal of each Bidder so as to select the company which will best serve the needs of the District, thus ensuring that the best interest of the District and its tax paying public will be served.

The West Ada School District reserves the right to inspect the facilities or conduct an investigation of the Bidder prior to award of contract to determine the performance record and ability to supply the service specified in this invitation to bid, and, if the District determines, after such inspection or investigation, that the Bidder is not capable of performance satisfactory to the District, the proposal will not be considered. Upon request, the bidder shall submit such information as deemed necessary for such evaluation.

23. BIDDER’S PAST PERFORMANCE:

A Bidder may be ruled Non-Responsive based upon Bidder's unacceptable past performance which may include but not limited to: late deliveries, partial deliveries, delivery of wrong materials, products not meeting specifications, providing incorrect prices, invoicing problems, default, etc.

24. CONTRACT TERM/PRICING:

The term of this contract shall be as specified on Page Two under ITB Project Description. Awards shall be made to the lowest responsive bidder in the opinion of and at the discretion of the Board of Trustees. The decision of the Board of Trustees shall be final and conclusive.

Prices shall remain firm for the contract term with the following exception:

• Once during the term of the initial contract, beginning a minimum of six (6) months after July 1st, the Contractor may request a price adjustment, up or down.

If a contract extension is granted, once during each twelve (12) month extension, beginning six (6) months after the extension date, the Contractor may request a price adjustment. The price adjustment must be tied to the Consumer Price Index (CPI) for this industry. Documentation is required to prove that the CPI’s prices have increased.

It shall be the contractor’s responsibility to prove to the satisfaction of School Nutrition Services of West Ada School District, that a change requiring an upward price adjustment has taken place. School Nutrition Services of West Ada School District may set forth a format for providing such proof and the Contractor must comply with that format. Requests for price changes must be delivered to School Nutrition Services of West Ada School District in writing no less than thirty (30) calendar days prior to the Contractor’s desired effective date.

Final price adjustments must be agreed upon in writing by both parties.

Joint School District #2 reserves the right to request a temporary contract extension for ninety (90) days past the term of the contract to continue distribution and supply until a new or replacement firm has been identified and contract awarded. Any contract extension/renewal is contingent upon approval by both parties.

25. QUOTATION INFORMATION:

Bidder shall fill out the Pricing Sheet provided in the Bonfire portal.

The "Unit Price" bid should include prices for all items listed in the Pricing Sheet. Vendor shall list price of products -F.O.B. School Site.

Specific product names specified by the District in the product specifications are indicated to clarify specification only. Bids offering "a/s" or "as specified" may not be considered. Items considered equal to or superior to the specification may be quoted and submitted.

Any remark, additions, amendments, or exceptions attached (by the Bidder) to the bid, which conflicts with terms and conditions herein, may cause it to be deemed "nonresponsive."

10 | P a g e

26. UNIT PRICING:

Prices must be shown for all items. Prices are to be F.O.B. (freight prepaid and allowed) School Site Location, West Ada School District. A packing list must accompany all shipments.

All prices, including total, must include any and all discounts. In the event of price discrepancy, the following provisions will prevail:

Item by item bids-unit prices Lot or group bids-lot or group prices

Prices stated must be in units as specified. In case of a discrepancy between the unit price and the extension, the unit price will be considered correct. Any requirement by the bidder that contain all or none groups, quantities, weights, or other criteria must be met, in order to qualify for bid prices, will result in disqualification.

27. ESTIMATED DISTRICT REQUIREMENTS:

The quantities listed in the bid are estimates only based on previous usage and are not a guarantee of actual quantities to be purchased. The District reserves the right to purchase additional quantities for any item listed herein to meet the needs of the District.

The District reserves the right to purchase items that are urgently needed by the District from other than the Contractor such items that are not readily available from the Contractor.

The SNS reserves the right to accept USDA Donated Commodities to the School Nutrition Program by any agency of Federal, State, or Local government, during the term of this contract, notwithstanding any other conditions contained herein. Such offering may affect the quantities purchased.

The District reserves the right to purchase less or more or none of the quantities for any item listed herein.

The quantities listed for the skim quantities are based on previous usage. Whole milk products are not currently used however if the USDA regulations change and allow for a whole milk product, West Ada will pivot from a skim milk product to a whole milk product to be served at our breakfast and lunch services.

28. DELIVERY REQUIREMENTS AND LOCATION:

Time is hereby declared to be of the essence in this contract. Time and manner of delivery are essential factors in proper performance under the contract. Products are to be delivered to West Ada School District, School Sites, as ordered by the SNS. Deliveries shall be made according to the delivery schedule provided. A District calendar is available upon request. All items delivered must be in a condition acceptable to the District. Any dented, damaged or unlabeled containers will be rejected and returned at supplier's expense. Repacked products are not acceptable. It shall be the responsibility of the vendor to file claims for damage or defective merchandise. In the event of receipt of merchandise with concealed damage, the vendor will be immediately notified by email.

Upon delivery, all refrigerated milk and dairy items must have an internal temperature of 41°F (5°C) or below, unless otherwise specified by regulation. The District reserves the right to inspect all deliveries and verify product temperatures using calibrated thermometers. All products must be free from damage, including but not limited to dents, leaks, punctures, or compromised packaging seals. Cases and individual containers should be clean, intact, and show no signs of tampering or contamination.

Any products that do not meet these requirements, including improper temperature, damaged or leaking containers, or evidence of spoilage, may be rejected at the time of delivery. The vendor shall be responsible for prompt replacement of rejected items at no additional cost to the District.

11 | P a g e

All deliveries are to be made by 10:00am. Key drops are allowable for early deliveries if the key drop agreement has been completed. When returning from breaks, all schools will need their deliveries by 7am on the first day back from break to ensure that product is available for breakfast service.

The Contractor shall be responsible for delivery F.O.B. West Ada School District, School Site and shall pay all costs, including drayage, freight, pallets, and packaging, which shall be included in the item unit cost. No separate charges for the preceding will be allowed nor paid by the District and must include a detailed delivery/packing slip. All delivery and freight charges are to be included in the bid price.

A delivery schedule is provided at the end of this document.

29. ORDERS:

All orders will be sent over electronically at least 2 business days prior to the requested delivery date. Attached is the current delivery schedule for dairy deliveries. We reserve the right to add additional delivery dates to school sites should participation increase.

Merchandise shall only be shipped as requested. Automatic deliveries will not be accepted.

The District has the right to order at the price, term, and conditions in effect at any time prior to the expiration date of the agreement.

All products will be delivered on a FIRST IN FIRST OUT basis.

30. BRAND, PRODUCT CODE NUMBER AND PACK SIZE:

Bidders are to indicate in the space provided on the food list the brand name and product code number of each product and pack size if different than specified. Once manufacturer, manufacture code, brand, and pack sizes have been established, the successful vendor is expected to maintain those brands, product code numbers, and pack sizes for the term of the agreement. Any changes must be approved by the District's School Nutrition Services Supervisor before acceptance of substitutes or alternates.

In most instances, full cases will be purchased. Some items are required to be purchased as “EACHES”. The full case fixed fee shall be based on the largest wholesale unit normally distributed. Fees for broken cartons shall be prorated over the broken carton quantity.

31. PRODUCT SUBSTITUTION/MANUFACTURER’S BRAND CHANGE/REFORMULATION OF PRODUCTS:

This contract does NOT allow for substitutions, brand change, or reformulation of any product without written authorization by the School Nutrition Supervisor. . If during the course of the contract there is a manufacturer's brand change of the product, the Contractor/Manufacturer representative shall not automatically substitute product. Contractor shall submit product specification sheet and/or sample shall be submitted upon request for approval prior to any future shipment.

During the term of the contract, if Contractor wants to substitute an item, samples must be provided to the School Nutrition Supervisor for approval. Each item shall be properly identified and provided within five ( 5) working days from date of request. Samples must be submitted and approved prior to substitution. Samples shall be provided at no cost to the District.

If the new product is acceptable, all current terms, conditions, and prices shall remain in effect. No substitutions or reformulated product shall be delivered without prior written approval by the District. Payment will not be processed for unauthorized substitutions or reformulation.

12 | P a g e

Products furnished under this contract, which fail to maintain their standard of quality, will be immediately removed from this contract and the Contractor may be required to supply an acceptable product at no increase in cost to the District.

32. FINAL AGREEMENT:

This ITB and the selected Bidder’s/Bidders’ response, including all promises, warranties, commitments and representations made, shall be binding and become the District’s contract with the Bidder.

33. OTHER PURCHASES:

The District reserves the right to acquire from other sources during the life of the contract such like items, as may be required for testing, evaluation, experiment, for special programs of an emergency nature, or whenever the successful Bidder cannot supply, per conditions of Section 21 of the Standard Terms and Conditions.

34. PRODUCT TESTING:

If in the opinion of the District, an item offered on this bid does not conform to specifications or perform to the standards of the previous samples submitted, the District reserves the right to have the product tested by an independent testing laboratory. If the test shows that the product does not conform to specifications or meet the standards of the samples submitted, the cost of testing will be charged to the vendor and the contract may be cancelled. Items purchased that do not conform to specifications will be returned to seller at seller's expense.

Seller shall issue full credit for all items returned.

35. AUDITS:

Audits may be made of the supplier’s cost records at the discretion of West Ada School District at any time during or at the end of the contract period. A full review will be undertaken when West Ada School District feels that circumstancees are questionable. Audits may address questionable price increases, price increases on select items or the substitution of grades not meeting specification.

36. INVOICE PAYMENT TERMS:

Contractors will deliver one copy of the invoice with the goods. Invoices are to be pre-printed with vendor name on a uniform invoice form. Items, item description, product code numbers, quantities, unit cost, extended amount, and contract number must be shown on each invoice.

Payment terms are net 30 days, provided goods and/or services have been received in satisfactory and proper manner. All discounts must be included in the bid price and should be based on 30 day payment. Except byprior agreement, the Board will not consider special discounts on shorter time intervals, nor will they consider bids that impose penalties or service charges for periods beyond thirty (30) days.

37. CONTRACT CANCELLATION PROVISION:

All Terms and Conditions including pricing are firm for the duration of this contract. This agreement may be cancelled by the District upon thirty (30) days written notification of intention to cancel the agreement.

Upon notification, the District has the right to order at the price, term, and conditions in effect at any time prior to the effective date of the cancellation of the agreement and required delivery of the items so ordered.

The contract may be canceled for poor performance of the contract requirements. Causes for cancellation may include but not limited to:

(1) Poor product quality (thawing is evident or product is excessively damaged or dirty)

(2) Non-adherence to product grade requirements

(3) Excessive out of stock items

(4) Excessive errors in filling orders

(5) Excessive product substitutions

(6) Failure in pricing and issuing credits

(7) Failure to adhere to the delivery schedule on a reasonable basis

13 | P a g e

(8) Failure of the vendor to maintain storage and handling standards consistent with the district’s requirements.

38. INSURANCE:

Within five (5) days of notification of award (or such other time as designated by Purchasing), the apparent successful Bidder will provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the five (5) business day period may be cause for your bid to be declared non-responsive or for your Contract to be cancelled.

The successful bidder, at its expense, shall always carry and maintain in full force during the term of the contract resulting from this bid the following insurance:

Coverage Limits of Liability

Workers’ Compensation $1,000,000 each occurrence $1,000,000 aggregate

General Liability/Property Damage

$1,000,000 each occurrence $2,000,000 aggregate

Personal Injury $1,000,000 each occurrence

Automobile Liability/Property Damage

$1,000,000 each occurrence

Bodily Injury $1,000,000 each occurrence/$1,000,000 aggregate

Contractor shall carry liability and property damage insurance that will protect it and WASD from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them.

Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to WASD. All insurance policies and certificates must be signed copies. After work commences, the Contractor shall keep in force all required insurance until the Contract is terminated.

Commercial General and Umbrella Liability Insurance Contractor shall maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence for Bodily Injury, Property Damage and Products and Completed Operations. If such CGL insurance contains a general aggregate limit, it shall apply separately to the Contract.

CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, Independent Contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured Contract (including the tort liability of another assumed in a business Contract).

Commercial Automobile and Commercial Umbrella Liability Insurance

14 | P a g e

Contractor shall maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (include owned, hired, and non-owned autos).

Contractor may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its Bid or Proposal if the Contractor will not use any owned, hired or non-owned vehicles to conduct business under the Contract, if it is awarded the Contract, and WASD will consider the request. If the Bidder submits a request to waive the provision of Commercial Automobile and Commercial Umbrella Liability Insurance after the due date and time for receipt of Bids or Proposals, WASD may not consider the request.

Worker’s Compensation Insurance and Employer’s Liability Contractor shall maintain workers compensation and employer’s liability insurance. The employer’s liability shall have limits not less than $1,000,000 each accident for bodily insurance by accident or $1,000,000 each employee for bodily injury by disease.

Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the Contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.