ASD Dairy Invitation Bid Request 2025-2026.doc

Astoria School District No. 1C School Nutrition Program

INVITATION FOR BID

Milk/Dairy Items Issued on: Jan 06, 2025 Final Date for Written Questions: Jan 27, 2025 Bid Due Date: Feb 07, 2025 12:00 p.m. PST

TABLE OF

CONTENTS

DEFINITIONS………………………………………………………………………….…….3

SECTION 1 - TRANSMITTAL PAGE

SECTION 2 - STANDARD TERMS AND CONDITIONS

SECTION 3 - SPECIAL TERMS AND CONDITIONS

SECTION 4 - ATTACHMENTS

ATTACHMENT A - CONTRACT SIGNATURE PAGE

ATTACHMENT B - FOOD SPECIFICATIONS………

ATTACHMENT C – VENDOR BID FORM……

ATTACHMENT D - LOBBYING CERTIFICATE AND DISCLOSURE……………………

DEFINITIONS

Addendum - A change, addition, alteration, correction or revision to a bid or contract document.

Bidder - A firm, individual, or corporation submitting a bid in response to this Invitation For bid request.

Bid Unit - The unit designation which shall be applicable to all pricing offered for bid evaluation purposes. Unit cost, freight, fixed fee, estimated usage and the extended cost shall be stated in terms of the designated bid unit. In some instances, the bid unit and the package unit may be the same.

Contractor - The provider of the goods and/ or services under the Contract.

Contract Documents - Consist of the Agreement between the Board/SNP and the Contractor, terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued prior to execution of the contract, other documents listed in the Agreement, and modifications issued after execution of the contract.

Damaged Item- Refers to an item that has sustained damage that would allow spillage from the original container, a loss or disfigurement of a label that would hinder identification, contaminated package that would affect the content of that package or any other happening that would affect the quality and/or quantity of the original item.

Pack size - With some items the bid unit does not represent a package configuration by which the item would normally be purchased. In such instances, the Bidder will be required to bid according to the designated bid unit and also state how the product will be packaged and to provide a cost for purchase unit.

Purchase Unit - The package configuration (case, carton, box, bag, etc.) by which the product would normally be sold. This shall also mean packaging being referred to when the term "case price" is applicable.

Solicitation - A document used by the ASD/SNP to acquire goods and /or services. Solicitations must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Solicitations must also identify all the requirements which the Offerors or Bidders must fulfill and all other factors to be used in evaluating the bids or proposals.

NSLP - National School Lunch Program

SBP - School Breakfast Program

SECTION 1

TRANSMITTAL PAGE

The Astoria School District, School Nutrition Program (ASD/SNP) is requesting bids for Milk and Dairy Items. Bids are due by Feb 7, 2025 at 12:00 p.m. Bids shall be mailed or emailed to the Astoria School District, Food Services Director, 785 Alameda Ave, Astoria 97103. Mkelly@astoria.k12.or.us Questions regarding this informal bid request shall be directed in writing by email to Mr. Mike Kelly, Food Services Director, Mkelly@Astoria.k12.or.us Bidders may download bid request solicitations by going to www.astoria.k12.or.us

I. INTENT

a) It shall be the intent and purpose of this solicitation to cover the terms and conditions under which a successful Bidder shall be responsible to supply and deliver Milk and Dairy Items to the Astoria School District, School Nutrition Program.

b) The ASD/SNP is seeking to identify and select one (1) or more vendors to provide the items as listed in the attached food list (Attachment B). The selected vendor(s) shall provide products in accordance with the Standard Terms and Conditions, Special Terms and Conditions, and any applicable Addenda.

c) The ASD/SNP reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the ASD/SNP.

II. CONTRACT TIME PERIOD

a) Initial Term - The initial term of this contract, which results from the award of this bid, shall commence on September 01, 2025 and terminate August 31, 2026.

b) Extension Option -The contract may be extended up to three (3) months at the same bid pricing, provided mutual agreement by both parties. This extension will be utilized only to prevent a lapse of contract coverage and only for the time necessary to issue and award a new Invitation to Bid, but not to exceed three months.

c) Renewal Option - This contract may be renewed for up to (4) four one year terms at the same terms and conditions by mutual agreement of both parties.

III. BID SUBMISSION PROCEDURES

The ASD/SNP is not liable for any costs incurred by Bidders prior to issuance of or entering into a contract. Costs associated with developing the bid, preparing for oral presentations, and any other expenses incurred by the Bidder in responding to this bid are entirely the responsibility of the Bidder, and shall not be reimbursed in any manner by the ASD/SNP.

a) Bids requests must be mailed or emailed to Astoria School District, Food Services Director, 785 Alameda Ave, Astoria, Or 97103- Mkelly@astoria.k12.or.us.

b) Bids must be received by the ASD/SNP no later than Feb 7, 2025 at 12:00 p.m. PST.

c) The Bid Opening will be at Astoria School District, Food Services Director, 785 Alameda Ave, Astoria, Or 97103 on February 7, 2025 at 12:00 p.m. PST

IV. AWARD DETERMINATION STATEMENT

a) This contract is intended to be awarded to a single or multiple vendors as to result in a firm fixed price contract. All bid prices shall remain firm for the entire contract period.

b) The award of this contract is contingent upon available budget funds and approval of the Astoria School District, School Board.

c) The ASD/SNP will award the contract(s) to the lowest responsive and responsible Bidder(s) meeting all terms, conditions, and specifications.

d) An official intent to award letter will be forwarded by the ASD/SNP to the successful Bidder after bid selection and prior to contract award.

e) Upon acceptance and award of a vendor's bid, the contract between the Bidder and the ASD/SNP shall be drafted from (a) the Invitation for Bids and addenda, (b) the selected bid response to the Invitation for Bid by the Bidder and any attachments thereto. The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

V. SYSTEM CONTACT INFORMATION

a) This Invitation for Bids is issued by Astoria School District, Food Service Program. All inquiries, clarifications, or interpretations regarding this informal bid request may be directed in writing to:

Mkelly@astoria.k12.or.us

OR

Food Services Director

Astoria School District No. 1C

Food Services Program

785 Alameda Ave

Astoria, OR 97103

VI. VENDOR CONTACT INFORMATION

Vendor Company Name:

Street Address :

City, State, Zip :

Contact Person :

Telephone :

Email address :

SECTION 2

STANDARD TERMS AND CONDITIONS

This contract between the Astoria School District and the Vendor shall be governed in accordance with the laws of the State of Oregon and all applicable Federal regulations.

I. LOBBYING CERTIFICATE (for bids over $100k)

Per 2 CFR 200 Appendix II - A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Please see and complete Attachment D.

II. DEBARMENT AND SUSPENSION VERIFICATION (for bids over $25k)

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible contractors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Institutions shall impose debarment or suspension to protect the Government's interest and only for the causes and in accordance with the procedures set forth in 2 CFR 200 Appendix II .

By signing this agreement, the bidder is testifying that they are not debarred, suspended or have any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All responses will be verified.

Contractor certifies that the Contractor and/or any of its subcontractors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Oregon or any agency of the Federal government or as defined in 2 CFR 200 Appendix II . Contractor will immediately notify the School Food Authority if Contractor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by a federal entity.

III. BUY AMERICAN STATEMENT

As required by the Buy American provision, all products must be of domestic origin as required by 7 CFR Part 210.21(d).

The District participates in the National School Lunch Program and School Breakfast Program and is required to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products for Program meals. A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. as provided in 7 CFR Part 210.21(d).

Exceptions to the Buy American provision should be used as a last resort; however, an alternative or exception may be approved upon request. To be considered for the alternative or exception, the request must be submitted in writing to a designated official, a minimum of 2 day (s) in advance of delivery. The request must include the:

(a) Alternative substitute (s) that are domestic and meet the required specifications:

(i) Price of the domestic food alternative substitute (s); and

(ii) Availability of the domestic alternative substitute (s) in relation to the quantity ordered

(b) Reason for exception: limited/lack of availability or price (include price):

(i) Price of the domestic food product; and

(ii) Price of the non-domestic product that meets the required specification of the domestic product

IV. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

a) Termination -The Astoria School District reserves the right, at any time and for its convenience, to terminate the contract in whole or in any separable part by written notice to vendor. Such notice shall be provided at least thirty (30) days prior to the intended termination date. Vendor shall be compensated for Goods accepted and for Services performed in accordance with the provisions of the contract up to the effective date of termination, less any payments previously made by the ASD/SNP for such Goods or Services, but in no event shall vendor be entitled to recover loss of profits.

b) In the event that either the vendor or the ASD/SNP defaults in the performance of any obligation specified in the contract, the non-defaulting party shall notify the other party in writing and may suspend the contract, in whole or in part, pending remedy of the default. If such default is not remedied within fifteen (15) days from the date of receipt of such notice or if the other party is diligently attempting to cure such default but is unable to cure such default within thirty (30) days from the date of receipt of such notice, then the non-defaulting party shall have the right to terminate the contract immediately by providing written notice of termination to the other party.

V. HUB STATEMENT (2 CFR 200.321)

It is the intent of the Astoria School District to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids over $10k)

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

VII. ENERGY POLICY AND CONSERVATION ACT STATEMENT

Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).

VIII. CLEAN AIR/ CLEAN WATER STATEMENT (for bids over $100k) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. Contractor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. Contractor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Contractor’s facilities are under consideration to be listed on the EPA List of Violating Facilities.

IX. CIVIL RIGHTS STATEMENT

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/ad-3027.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

1. mail:

U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; or

2. fax:

(833) 256-1665 or (202) 690-7442; or

3. email:

Program.Intake@usda.gov This institution is an equal opportunity provider.

Civil Rights Assurances:

A.

The vendor agrees that it will comply with:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000);

All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.);

Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement

The USDA non-discrimination statement that 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, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs)

B.

Purpose. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

C.

Recordkeeping. By accepting this assurance, the vendor agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the vendor, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the vendor.

X. RECORD RETENTION AND ACCESS CLAUSE

The Contractor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the Astoria School District, Food Services Program throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

The Contractor shall permit the Auditor of the State of Oregon or any authorized representative of the School Food Authority, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Contractor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Contractor shall not impose a charge for audit or examination of the Contractor’s books and records. If an audit discloses incorrect billings or improprieties, the State and/or the Astoria School District reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities.

XI. BID PROTEST PROCEDURES

Protests: A protest shall comply with and be resolved according to State of Oregon administrative procurement policy. All protest shall be in writing and shall be delivered to the address of the individual listed in the “if you have questions” on the Invitation for bid. A protest of a solicitation shall be received by the named individual before the offer due date. A protest of a proposed award or of an award shall be filed within ten days after the protestor knows or should have known the basis of the protest.

A protest shall include:

_ the name, address, and telephone number of the protestor;

_ the signature of the protestor or an authorized representative of the protestor;

_ Identification of the purchasing agency and the solicitation or contract number;

_ a detailed statement of the legal and factual grounds of the protest including copies of relevant documents:

_ The form of relief requested The Astoria School District shall in all instances disclose information regarding protests to State Agency.

XII. NON-COLLUSION STATEMENT

"I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, and certify that I am authorized to sign this bid for the Bidder. I further certify that the provisions of the official code of Oregon have not and will not be violated in any respect."

XIV. DUTY TO EXAMINE

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing the offer after the offer due date and time not shall it give rise to any contract claim.

XV. EXCEPTIONS TO TERMS AND CONDITIONS

A bid that takes exception to a material requirement of any part of this solicitation, including a material term and condition, shall be rejected.

SECTION 3

SPECIAL TERMS AND CONDITIONS

I. HACCP REQUIREMENTS

The ASD/SNP expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential vendors and their manufacturers. Prior to awarding the bid, the ASD/SNP may require documentation verifying that a written HACCP plan is followed.

II. PROPRIETARY INFORMATION:

If a bidder submits any document with the bid that is considered to be proprietary in nature or is considered to be a trade secret, the bidder shall notify the school district that the documents are included in the bid. The school district will honor the request unless or until a competing bidder asks to have access to the information. In such case, the school district will notify the affected bidder that a challenge has been made. If the affected bidder can produce a court issued restraining order within ten calendar days subsequent to the notification, the information will remain confidential and shall not be released pending subsequent court action. If the restraining order is not received within the ten working day period, the information will be released and the school district shall not be held liable.

III. TRADE NAME, CHILD NUTRITION (CN) LABELS AND GRADE

a) Bidders are required to list packer, manufacturer, manufacturer’s code (item number) brand, where indicated on bid documents.

b) When bidding house labels, Bidder is required to indicate packer name, packer location and product number.

c) Grade must be listed for all food products.

d) Upon request, the vendor shall submit CN labels; nutritional analysis sheets; ingredient lists; prep/cooking instructions; and reports indicating meat/meat alternates; breads; fruits; and vegetables to document compliance with specifications. All food items shall be properly labeled.

IV. FOOD RELATED TERMS AND CONDITIONS

Inspection and testing: The contractor agrees to permit access to its facilities at reasonable times for inspection of the materials covered under this contract, and the contractor’s facilities. The school district shall also have the right to test at its own cost the materials supplied under this contract.

Net container quantity: The minimum net quantity of all products in cans and jars shall be in accord with the Federal Food, Drug and Cosmetic Act. The individual specifications for standard of fill for the products as prescribed in 21 CFR shall be applied.

Product protection guarantees: School districts have “automatic” product protection recourse against suppliers for product safety. According to Federal regulations, the supplier whose name and address appear on the package is the responsible party. Contractors are expected to take immediate action to correct any situation in which product integrity is violated.

Quantities: The quantities indicated on the product list are based on previous year’s purchases and are accurate to the best of our ability. However, Offerors must understand that the fact that a quantity is stated on an item does not constitute a guarantee to purchase any amount in excess of requirements.

Service Level: The contractor shall fill all original orders at a monthly average of 98% or above on the scheduled delivery day. The remaining 2% shall be delivered within 24 hours of the scheduled delivery day unless the school district agrees that the product will be reordered.

Brand identification: This is a qualified product specification. Bidders must bid on the specific name brand items requested. Deviations from this requirement will not be considered. When “Distributors Choice” is used in the approved brand column the distributor may offer a price on any brand. The brand on which the price is offered must be stated in the bid documents and cannot be changed during the effective period without the permission of the school district. When “Private Label” is used in the approved brand column the appropriate quality level of the private label included in the Corporate/Cooperative labeling chart in this document shall be bid. The vendor only needs to circle the word private label and the school district can be assured that the brand bid is the same as the chart.

Standards of identity: All products must conform to U.S. minimum standards of identity as authorized by the Food, Drug and Cosmetic Act and the supporting regulations in 21 CFR. Failure to comply places the contractor in violation of the contract with the school district as well as Federal law.

Unit price prevails: Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

Units of purchase: Whenever wholesale units of purchase are standardized, i.e., 6/#10, the bid unit is specified as case, box, etc. If case, bag or box is the bid unit, then the description will specify the exact pack. When a potential contractor wishes to quote a pack size which is different from the unit specified in the product description, a different size may be quoted, but the total quantity must be adjusted.

The potential contractor shall always mark out the pack specified and insert the pack being bid. The adjustment shall be made in the total quantity. A change in the bid unit or cost per unit is not acceptable. On items where the bid unit is specified in other terms, a space will be provided for potential contractor to enter the pack of the item being quoted. The potential contractor must complete this space when provided. If the pack size is followed by the word “only” the potential contractor must bid on the pack specified.

Drained weights: Drained weight of "wet pack" items shall conform to good industry practices and the minimum requirements of the Federal Food, Drug and Cosmetics Act. The individual products shall conform to drained weights as prescribed in the individual specifications of each product in 21CFR. Except for whole tomatoes drained weight is not a factor in USDA grades.

Substitutions: If a contractor is temporarily out of stock of a particular item, an equal or superior product at an equal or lower price may be delivered, with prior approval of the school district. If a contractor is unable to deliver a product or an approved substitute product, the school district shall, in good faith and in its sole discretion, purchase a product of equal or greater quality from another source. The contractor shall pay the difference in the amount paid for the substituted product and the amount of the contracted price.

V. METHOD OF PAYMENT and PRICING INFORMATION A) Prices - Prices shall remain firm for the term of the contract, unless economic adjustments are agreed upon by both parties and based on the Federal Milk Marketing Order .

Price escalation language:

· Vendors may petition for increases in the invoice price monthly .

· Petitions for increases shall be received by the school a minimum of 15 days prior to the effective date.

· Petitions for increases shall be based on the cost of product only.

· Approval or rejection of requested increases will be based on the Federal Milk Marketing Order.

The vendor is expected to pass market decreases on to the school district. The school district may petition for an invoice decrease based on the Federal Milk Marketing Order.

b) The successful Bidder warrants that the bid price(s), terms and conditions stated in his/her bid shall be firm through the bid process and until the time the award is made at which time prices shall remain firm and fixed for the entire contract period based on the provisions in this solicitation.

c) All bid prices must include all charges for packing and transporting to the individual schools listed at the addresses on the attached sheet.

d) Prices will not include Federal Excise Tax or State Sales Tax.

e) ASD/SNP will make payment within thirty (30) days of receipt of the invoice for properly received goods and services after inspection and acceptance of the product by the Board/SNP. Advance billings are not allowed. Where partial delivery is made, invoice for such part shall be made upon delivery, and payment made within thirty (30) days under conditions as above.

f) Invoicing

i) Invoices, at minimum, shall consist of the following information:

1. Delivery location

2. Item description and cost

3. Extended cost for total quantity purchased

4. Total cost of all products purchased

ii) Monthly statements will be broken down by school invoice and mailed to:

Astoria School District

Accounts Payable

785 Alameda Ave

Astoria, Oregon 97103

ATTN: Angela Talley, Accounts Payable

VI. METHOD OF SHIPMENT/DELIVERY

a) Orders and deliveries - Orders and deliveries shall be supplied by the vendor as requested and specified except during an emergency and on holidays. No partial deliveries will be accepted.

b) All orders are to be delivered 2 days a week, to each site, prior to 9:00am.

c) All deliveries are to be F.O.B Destination to addresses as indicated on Attachment (E).

d) The total minimum order to be delivered to each school is $50.00.

e) In an emergency situation in which the ASD/SNP requires delivery in less than 2 days and the vendor cannot provide the goods within the emergency delivery period, the ASD/SNP has the option to purchase those goods from another source with no penalty to either party.

f) Delivery schedules that fall on a holiday will be made the following business day.

g) Delivery of product must be made in a well-maintained truck. All deliveries shall be placed in the area designated by the designee. Under no circumstances may a delivery be left outside the building. Deliveries must be received as specified.

VII. EVALUATION FACTORS

a) Bids will be evaluated in accordance with the required specifications as listed in this invitation for bid request. At the ASD/SNP’s discretion, a bid may be eliminated from consideration for failure to comply with any required specification, depending on the nature and extent of non-compliance. In addition to meeting mandated specifications, bids will be evaluated for the ability of the Bidder to provide, in the ASD/SNP’s opinion, the best overall solution to meet the Board/SNP's specifications.

b) The ASD/SNP reserves the right to award a single contract for the total requirement of the bid request or award multiple contracts on a group or line item basis in any combination that best serves the interest of the ASD/SNP.

VIII. ADDITIONAL BID INSTRUCTIONS

a) Bid modifications - Bids cannot be modified after receipt of bids. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Bidder to disqualification. The ASD/SNP reserves the right to request information or respond to inquiries for clarification purposes only.

b) Bid withdrawal - Bidders may withdraw bids at any time up to the scheduled time for receipt of bids. Bidders desiring to withdraw their bid must submit the purpose for withdrawal in email to the ASD/SNP before the bid close date. Bidders may resubmit bids provided it is prior to the scheduled time for receipt of bids.

c) Addenda -If clarification of the specifications/instructions is required the request shall be made in writing not later than seven working days prior to the time and date set for the bid opening. The school district will respond to the request in the form of an addendum issued to all potential bidders. No addenda will be issued within five working days of the date and time of bid opening. Should a question arise which requires clarification during this time period the date and time of bid opening will be delayed to allow issuing an addendum.

d) Bid examination –

i) Bidders shall carefully examine all documents in the solicitation to obtain knowledge of existing conditions, limitations, and requirements. Failure to examine the documents will not relieve the Bidder of responsibility for same nor will extra payment or change order requests be considered for conditions which could have been determined by examining the solicitation.

e) Rejection or Disqualification of bids –

i) A bid that is incomplete, obscure, conditioned or contains additions not called for or irregularities of any kind, (including alterations or erasures), which are not initialed, may be rejected as non-conforming.

ii) The ASD/SNP reserves the right to waive a bid’s minor irregularities if rectified by Bidder within three business days of the Board/SNP’s issuance of a written notice of such irregularities.

iii) The ASD/SNP reserves the right to disqualify bids upon evidence of collusion with intent to defraud or other illegal practices upon the part of the Bidder.

iv) Issuance of this invitation for bid request in no way constitutes a commitment by the ASD/SNP to award a contract. The ASD/SNP reserves the right to accept or reject, in whole or part, all bids submitted and/or to cancel this solicitation if it is determined to be in the best interest of the ASD/SNP.

v) Any Bidder who has demonstrated poor performance during a current or previous Agreement with the ASD/SNP may be considered a non-responsible Bidder and their bid may be rejected. The ASD/SNP reserves the right to exercise this option as is deemed proper and/or necessary.

vi) The ASD/SNP reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the ASD/SNP.

f) Offer Acceptance Period - Bid proposals are an irrevocable offer for 60 days after the bid opening time and date.

IX. ORDERING INFORMATION

a) Credit - A credit or replacement will be issued for damaged or unacceptable food. All such transactions are to be worked out with each designee. Replacement of damaged or unacceptable food will be made no later than the next delivery date.

b) Inspection - Upon delivery of product, the items will be inspected by the facility, and if found to be defective or failing in any way to meet specifications as indicated, the items may be rejected or returned. Problems found with products due to concealed damage will be addressed on a case by case basis. Rejected product must be picked up no later than the next delivery date.

c) Emergency orders - In an emergency situation in which the ASD/SNP requires delivery in less than two (2) days and the Contractor cannot provide the supplies within the emergency delivery period, the ASD/SNP has the option to purchase those supplies from another source with no penalty to either party.

d) Estimated Quantities - The quantity is identified as “estimated” and it shall be understood and agreed that quantities listed are estimates only and may be increased or decreased. Therefore, if the amount ordered is less than that shown, that fact shall not constitute the basis for a price adjustment nor will the ASD/SNP be responsible for ordering/paying for the resulting difference.

X. AMENDMENTS AND MODIFICATIONS OF CONTRACT

The contract between the ASD/SNP and the vendor shall not be amended or modified, nor shall any of its terms be waived, except in writing and executed by both parties.

XI. ASSIGNMENT

The vendor shall not assign, transfer, convey, delegate, sublet, or otherwise dispose of its agreements with the ASD/SNP, or its rights, title, or interest herein, or its power to execute such agreement, to any other person, company, or corporation without the previous consent and written approval by the ASD/SNP.

XII. INDEMNIFICATION

The vendor shall act as an independent Contractor and not as an employee of the ASD/SNP. Vendor agrees to indemnify and hold harmless the ASD/SNP, its elected officials, employees and agents from and against any and all liability, damages, claims, suits, liens, and judgments (including reasonable attorney’s fees), of whatever nature, for injuries to or death of any person or persons, or loss of or damage to property, to the extent attributable to the negligent acts of vendor, its subcontractors or its respective agents, servants, or employees or such parties’ failure to perform in accordance with the provisions of the contract resulting from this informal bid request.

XIII. TIME OF PERFORMANCE

a) Notwithstanding any delay in the preparation and execution of the formal contract agreement, the Contractor shall be prepared, upon written notice of bid award, to commence delivery of goods pursuant to the award on September 01, 2025.

b) The Contractor must comply with the time of performance.

XIV. FORCE MAJEURE

Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party’s performance of this contract is prevented by reason of Force Majeure. The term “Force Majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the forgoing, Force Majeure includes acts of God; fire; flood; or other similar occurrences beyond the control of the contractor or the school district.

XV. EVIDENCE OF INSURANCE

a) The successful bidder, at its expense, shall carry and maintain in full force at all times during the term of the contract resulting from this informal bid request the following insurance:

Workers Compensation

Statutory

$1,000,000 aggregate

$1,000,000 aggregate

$1,000,000 aggregate

b) Prior to commencement of performance of this Agreement, Contractor shall furnish to the ASD/SNP a certificate of liability insurance evidencing all required coverage in at least the limited required herein, naming the Astoria School District, its elected officials, agents, and employees as additional insured under the Comprehensive General Liability coverage, and providing that no policies may be canceled without ten (10) days advance written notice to the ASD/SNP. Such certificate shall be issued to: Astoria School District, Food Services Department, 785 Alameda Ave, Astoria, Oregon 97103.

c) Said policies shall remain in full force and effect until the expiration of the terms of the contract or until completion of all duties to be performed hereunder by the Contractor, whichever shall occur later.

XVI. EXCEPTIONS

A Bid submitted in response to this informal bid request constitutes a binding offer to comply with all terms, conditions, special conditions, general specifications, and requirements stated in this informal bid request, except to the extent that a Bidder takes exception to such provisions. To take exception to a provision of this informal bid request, the Bidder must clearly identify in the BID EXCEPTION FORM: (a) the number and title of each section of this informal bid request that the Bidder takes exception to; (b) the specific sentence within such section that the Bidder takes exception to; and (c) any alternate provision proposed by the Bidder.

XVII. WARRANTY

Successful Bidder shall fully warrant all PRODUCTS furnished under the terms of this contract, against poor and inferior quality. Time is of the essence of this contract. While under warranty, successful Bidder shall replace any damaged or inferior product in a timely manner to minimize the disruption of the ASD/SNP's operations.

XVIII. GIFTS AND GRATUITIES

Acceptance of gifts from contractors and the offering of gifts by contractors are prohibited. No employee of the school district purchasing products under provisions of the contract issued as a result of this invitation shall accept, solicit, or receive, either directly or indirectly, from any person, firm or corporation any gift or gratuity.

XIX. SEVERABILITY

The provisions of this contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the contract.

XX. WAIVER AND REJECTION RIGHTS

Not withstanding any other provisions of the solicitation, the school district reserves the right to:

· Waive any immaterial defect or informality;

· Reject any and all offers or portions thereof; or

· Cancel a solicitation.

XXI. RELEASE FROM THE CONTRACT

In the event the market for a product covered by this request escalates to a point that the vendor is delivering product at less than cost, the vendor may petition for release from the contract. The petition shall be supported by a third party market bulletin. The decision to release the vendor from the contract will be based on the difference between the market at the time of the bid opening and the current market for this item.

ATTACHMENT A

CONTRACT SIGNATURE PAGE

This agreement is dated as of ______________________________ by and between the Astoria School District, Food Services Dept., (hereinafter called ASD/SNP) and ________________________________ hereinafter called CONTRACTOR.

ASD/SNP and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agrees as follows:

ARTICLE 1. PRODUCTS

CONTRATOR shall provide all products as specified or indicated in the Contract Documents. Contractor shall supply and deliver food products to the ASD/SNP's schools.

ARTICLE 2. CONTRACT TIME

The food deliveries shall be in accordance with this Agreement, and are to be completed as specified in this informal bid request.

ARTICLE 3. CONTRACT PRICE

ASD/SNP shall pay CONTRACTOR for delivery of food products in accordance with CONTRACTOR’S bid, which is attached hereto. ASD/SNP shall pay CONTRACTOR net 30 days from date of delivery unless other terms of payment are agreed upon.

ARTICLE 4. INVOICE PROCEDURES

Invoices for payment with appropriate supporting documents shall be sent to the following address:

Astoria School District

Food Service Program

785 Alameda Ave

Astoria, Oregon 97103

ATTN: Food Services Director

ARTICLE 5. CONTRACTOR’S REPRESENTATIONS

In order to induce ASD/SNP to enter into this Agreement, CONTRACTOR makes the following representations:

5.1 CONTRACTOR has examined and carefully studied the Contract Documents and all other related data identified in the Bidding Documents.

5.2 CONTRACTOR is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the products.

ARTICLE 6. CONTRACT DOCUMENTS

The Contract Documents, which comprise the entire agreement between Board/SNP and CONTRACTOR concerning the work, consist of the following:

· Transmittal Page

· Standard Terms and Conditions

· Special Terms and Conditions

· Attachment A- Contract Signature Page

· Attachment B- Food Specifications

· Attachment C- Vendor Bid Form

· Attachment D- Lobbying Certificate Disclosure

· Attachment E- Delivery Locations

There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented by written agreement between both parties.

IN WITNESS WHEREOF, ASD/SNP and CONTRACTOR have signed this Agreement. One counterpart each has been delivered to Board/SNP and CONTRACTOR.

This Agreement will be effective September 1, 2025 Astoria School District

____________________________________ Signature of Board member or designee

____________________________________ Name of Board member or designee

____________________________________ Date

____________________________________ Vendor Company Name

____________________________________ Signature of Company Representative

____________________________________ Name of Company Representative

_____________________________________ Date

ATTACHMENT B

Food Specifications Milk/Dairy Specifications for IFB

Astoria School District

Milk:

24 Per Cs

All milk products must be fluid milk, Grade A, homogenized, pasteurized, Vitamin D enriched, supplied in sanitary ½ pint containers. All fluid milk must be consistent with State and local standards for milk.

All milk is to be kept at proper (35-40 degrees) temperature before and during delivery. Frozen and leaking milk cartons must be replaced. Deliveries are to be placed in the designated refrigerated storage areas at each delivery site and properly rotated.

The plant must have a 2020 pasteurized rating of 90 or better, based on standards set by the State milk Sanitation Authorities.

A copy of the report of the most recent state analysis of milk fat, bacteria count and other pertinent data must be obtained from the State and sent to the Business Office with the milk bid. State Standards must be maintained during the contract period for all items listed.

All milk and dairy products must be kept at proper (35-40 Degree) temperature before and during delivery. Deliveries are to be made before 8:00am each Monday and Thursday (or agreed upon delivery days) and placed in the designated refrigerated storage area at each delivery site and appropriately rotated. All milk must have a minimum 5-day shelf life and 7-day shelf life for summer deliveries. Each delivery must be accompanied by a legible delivery receipt to be signed at the time of delivery by the kitchen manager or representative.

Unused milk is to be collected by the vendor before all vacation periods. Credit for all such milk is to be noted on the daily delivery slip.

THE QUANTITY IS IDENTIFIED AS “ESTIMATED” OR AS “MORE OR LESS”; IT SHALL BE UNDERSTOOD AND AGREED THAT QUANTITIES LISTED IN THE SCHEDULE ARE ESTIMATES ONLY AND MAY BE INCREASED OR DECREASED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT AND THAT THE BOARD/SNP IN ACCEPTING ANY BID OR PORTION THEREOF, CONTRACTS ONLY AND AGREES TO PURCHASE ONLY THE SUPPLIES, EQUIPMENT, AND MATERIALS IN SUCH QUANTITIES AS IT SUBSEQUENTLY ORDERS.

ATTACHMENT C

VENDOR BID FORM

Notice to Bidders:

It is essential that the submitted Bid complies with all the requirements contained in this informal bid request. The undersigned Bidder agrees, if this bid is accepted, to enter into an agreement with the ASD/SNP on the form included in the Contract Documents to perform and furnish all products as specified or indicated in the contract documents.

This Bid is submitted to: Astoria School District Food Services Program

785 Alameda Ave Astoria, Oregon, 97103 This Bid is submitted on this date: _______________________________________

This Bid is valid for sixty (60) days from the date of the public opening of the bids.

Communications and questions regarding this bid are to be directed to:

Contact Name/Title: Mike Kelly, Food Services Director

Contact Telephone: 503-325-4177

Contact Email: Mkelly@Astoria.k12.or.us Receipt of Addenda:

In submitting this Bid, Bidder represents that they have received and examined the following Addenda:

Addendum 1_____________________…