ATCNPG RFP Food and Supplies for SY 22 23 Most current.docx

REQUEST FOR PROPOSAL

PRIMARY DISTRIBUTOR of FOOD SERVICE PRODUCTS and SUPPLIES

PROPOSALS DUE MAY 16, 2022, 11:00 AM LOCAL TIME

AT THE CENTRAL POINT SCHOOL DISTRICT #6

NUTRITION/MAINTENANCE BUILDING

c/o Anne Leavens

1003 MANZANITA ST

CENTRAL POINT, OR 97502

PURCHASING GROUP MANAGER

ANNE LEAVENS

541-494-6911

SOLICITATION NO: 1

Nondiscrimination. The contractor agrees to comply with (a) Title IV of the Civil Rights Act of 1964, (b) Section V of the Rehabilitation Act of 1973, (c) The Americans with Disabilities Act of 1990 and ORS.659.425, (d) all regulations and administrative rules established pursuant to the foregoing laws and (e) all other applicable requirements of federal and state civil rights and rehabilitations statutes, rules, and regulations

A. Contents

ATCNPG – RFP SY 22/23

Rev 3/23/2022

ATCNPG RFP SY 22/23

Rev 3/23/2022

APPLEGATE TRAIL CHILD NUTRITION PURCHASING GROUP

REQUEST FOR PROPOSAL

PRIMARY DISTRIBUTOR of FOOD SERVICE PRODUCTS and PAPER SUPPLIES

RFP 1

GENERAL INFORMATION

Applegate Trail Child Nutrition Purchasing Group ATCNPG is submitting a Request for Proposal (RFP) for competitive proposals from qualified vendors to provide grocery, paper, and related items to the Nutrition Services Department. Vendors who demonstrate an ability to meet the enclosed requirements, specifications and timelines are invited to submit a proposal as specified herein.

ATCNPG membership is composed of 26 nonprofit public school district Nutrition Services departments located in the State of Oregon agreeing to purchase cooperatively to take advantage of volume pricing for products and supplies. A list of ATCNPG member districts, addresses and contact people is included in the request for proposal. This is a combined bid for the Nutrition Services departments of the ATCNPG.

Method of Award The ATCNPG intends to award one contract to the top successful primary distributor. The initial term of this contract will be for one (1) year with the option to renew for four (4) additional one (1) year periods. The effective date of this contract shall be July 1, 2022, or the date on which it is signed, whichever is later.

Proposal Submission Each Proposer shall submit a minimum of 1 (one) unbound reproducible original and 4 (four) copies of their proposals along with a flash drive containing the documents. Proposers shall submit their offers and the attachments provided in accordance with the instructions provided herein by the due date of May 16, 2022, 11:00AM. Instructions for this process are found in this RFP in Section IV Proposal Submittal Procedures.

Proposals must be received by Anne Leavens, ATCNPG Manager, at the Central Point School District #6 Food Service and Maintenance Building, located at 1003 Manzanita St, Central Point, OR 97502, no later than May 16, 2022, at 11:00 AM Local Time at which time and place acceptance of proposals will be closed, and all proposals then received will be opened but not read. Proposals delivered after the deadline or delivered electronically will not be accepted. Proposals submitted will remain confidential until a notice of intent to award has been issued by the ATCNPG.

Questions and comments regarding this Request for Proposal, its terms and conditions should be directed to the Anne Leavens, ATCNPG Manager at (541) 494-6911 or by email anne.leavens@district6.org. Please review the enclosed document carefully.

Calendar of Events

We will make every effort to administer the proposal process in accordance with the Calendar of Events. However, we reserve the right to modify the proposal process and dates as deemed appropriate.

SECTION I

INSTRUCTION TO PROPOSERS

RFP 1

1. INTRODUCTION: These instructions outline the offer submission procedures, evaluation of offers, and the award of a contract. The term “ATCNPG” refers to the districts that make up the Applegate Trail Child Nutrition Purchasing Group. The term “Proposer” refers to any entity submitting an offer in response to this solicitation. The term “Vendor” refers to any Proposer(s) awarded a contract.

2. SOLICITATION REVIEW: Proposers must carefully review this document and are responsible for knowing and understanding the terms and conditions included in, or applicable to, this document. Unless defects, ambiguities, omissions or errors are brought to the ATCNPG’s attention in advance of the date the proposal is due, protests or appeals based on such defects, ambiguities, omissions, or errors will not be favorably considered.

3. CHANGE, CLARIFICATION OR PROTEST: Proposers may request changes or clarification to, or protest the contract terms and conditions and/or the specifications of the RFP. Proposer’s comments must be made in writing and received by the ATCNPG at least ten (10) days prior to the RFP due date to allow enough time for issuance of an addendum, if required. Such comments shall include:

A. A detailed statement of the legal and factual grounds for the change, clarification, or protest; and B. A description of the resulting prejudice to the Proposer; and C. A statement of the form of relief requested or any proposed changes to the contract terms and conditions or specifications.

All proposals are to remain valid for sixty (60) days from the due date. All envelopes containing requests or protests must be clearly marked to facilitate handling. The ATCNPG shall not consider a Proposer’s request for change or protest after the RFP due date and time. The ATCNPG shall provide notice to the applicable Proposer if it entirely rejects the request or protest. If the ATCNPG agrees with the Proposer’s request or protest, in whole or in part, the ATCNPG shall issue an addendum reflecting its determination.

4. ADDENDA: Changes or additions to RFP documents shall be accomplished by written addenda. Addenda shall be issued prior to the RFP due date to allow Proposers sufficient time to consider the changes or additions in preparing their offers. The Proposer shall acknowledge receipt of all addenda by printing, signing, and including with their proposal all addenda pertaining to this RFP issued on the ATCNPG Contracting webpage. At its discretion, ATCNPG may extend the RFP due date and time to allow Proposer’s time to analyze and adjust to any changes. The ATCNPG shall notify Proposers of any such changes to the due date and time in the addenda. https://cpsd6food.com/index.php?page=ProcurementInformation&sid=0506121807003006

5. MODIFICATION OR WITHDRAWAL: Proposers may modify or withdraw their submitted proposals only prior to the RFP due date and time. Any modification or withdrawal shall be made in writing, prepared on the Proposer’s letterhead, signed by an authorized representative of the Proposer, and shall state the action requested (e.g., the modified offer supersedes the prior offer; the submitted offer is withdrawn). Modifications or withdrawals must be submitted in an appropriately marked, sealed envelope to the appropriate, responsible person designated to receive offers.

6. SUBMITTING PROPOSALS: Proposers are solely responsible for delivering offers in the designated manner to the designated delivery point prior to the RFP due date and time.

A. To ensure proper identification and handling, offers shall be submitted in a sealed, appropriately addressed envelope marked with the RFP name in large block letters and numbers on the lower left quadrant. In addition, the name and address of the Proposer must appear on the outside of the sealed envelope.

B. Offers shall be mailed or delivered to Central Point School District #6, c/o Anne Leavens, 1003 Manzanita Street, Central Point, Oregon, between the hours of 8:00 a.m. to 3:00 p.m., Monday through Friday.

C. Facsimile or email offers will not be accepted.

D. Properly marked envelopes will not be opened until the RFP due date and time.

E. ATCNPG shall not be responsible for the premature opening or failure to open an offer that is not properly addressed and identified.

7. SUBMITTAL REQUIREMENTS: For complete submittal requirements, see Section IV Proposal Submittal Procedures.

B. Failure to submit proposals in the specified format shall be considered just cause for rejection of the proposal at the sole discretion of ATCNPG.

C. When the proposal due date and time has passed, ATCNPG will cause the proposals to be opened and recorded. The number of proposals received, the identity of Proposers, or the contents of a proposal will not be disclosed to the public until all proposals are evaluated and recommendation for award has been determined.

9. LATE PROPOSALS: Proposals received after the specified due date and time shall not be considered and shall be held unopened by the ATCNPG until after the award of the contract. ATCNPG shall make no concessions regarding postal service or any other form of conveyance of the offer document even when timely delivery of the offer fails through no fault of the Proposer. ATCNPG reserves the right, at its discretion, to consider offers that have been delayed or mishandled by ATCNPG.

10. OFFER ACCEPTANCE:

A. By signing and returning a Proposal, the Proposer acknowledges it has read and understands the terms and conditions contained in the Proposal Documents and accepts and agrees to be bound by the terms and conditions of the Proposal Documents.

B. A Proposer’s offer shall be firm, irrevocable, valid and binding on the Proposer for not less than 60 Days from the Proposal due date and time unless otherwise specified. ATCNPG may request either orally or in writing that a Proposer extend the time for acceptance.

11. CANCELLATION/REJECTION OF OFFERS: ATCNPG may cancel the solicitation if such cancellation is in the best interest of ATCNPG. ATCNPG may reject for good cause any offer:

A. That is not in compliance with prescribed RFP procedures and requirements; or B. Upon ATCNPG’s written determination, it is in the public interest to do so; or C. If the Proposer is not responsible “(“e.g., the Proposer has failed to perform under some other contract of a similar nature with ATCNPG”)”; or D. If the offer is not signed in ink; or E. When the Proposer fails to supply an offer of security or performance bonds, specifications, samples, descriptive literature, references, etc., when such is required or requested; or

12. MISTAKES BY PROPOSER: ATCNPG has the authority to waive any and all minor deviations, informalities or inadvertent nonjudgmental mistakes on any offer. Such mistakes must be a matter of form, rather than substance, which is clearly evident regarding the offer or an insignificant mistake that can be waived or corrected promptly without prejudice to other Proposers or ATCNPG. Errors in judgment made in an offer by a Proposer shall not be waived.

13. RESPONSIVE/RESPONSIBLE PROPOSER: A responsive proposal is one that conforms in all material respects to the RFP. ATCNPG reserves the right to waive technicalities or minor informalities in determining a Proposer’s responsiveness. A responsible Proposer is a person or firm that has the capability in all respects to perform fully the contract requirements, as well as the tenacity, perseverance, expertise, integrity, reliability, capacity, facilities, equipment, staff, and credit that will assure good faith performance.

14. CLARIFICATION OF RESPONSES: ATCNPG reserves the right to request clarification of any item in a proposal or to request additional information necessary to properly evaluate a particular proposal. All requests for clarification and responses shall be in writing. Except for requests and responses related to a clarification necessary to evaluate whether a proposal has met minimum requirements, all requests for clarification and responses shall be provided to each evaluation committee member.

15. REFERENCES: References are required as part of the response to this solicitation. Please refer to Section IV for required references to be provided with proposal submissions. Failure to provide references as specified shall be grounds for rejection of proposal.

ATCNPG reserves the right to investigate references including customers other than those listed in Proposer’s submission. Investigation may include past performance of any Proposer with contractual obligations, its completion or delivery of product on schedule, and its lawful payment of employees and workers.

16. PUBLICITY: News releases pertaining to this proposal will not be made without prior approval by, and in coordination with, ATCNPG.

17. COLLUSION: A Proposer submitting a Proposal hereby certifies that no officer, agent or employee of ATCNPG has a pecuniary interest in this Proposal; that the Proposal is made in good faith without fraud, collusion or connection of any kind with any other Proposer and that the Proposer is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

18. RECYCLED MATERIALS AND SUSTAINABLE PRODUCTS AND PROCESSES:

A. USE OF RECYCLED MATERIALS

Vendor shall use recycled and recyclable products to the maximum extent economically feasible during the performance of the Contract.

B. PREFERENCE FOR RECYCLED MATERIALS

As required by Law, ATCNPG shall prefer materials or supplies manufactured from recycled materials if the recycled product is available, and it meets the requirements set forth in the Specifications.

C. SUSTAINABLE PRACTICES AND PRODUCTS

The ATCNPG supports and encourages the use of sustainable products by the Vendor. To contribute to a clean environment for present and future generations, Vendor shall utilize sustainable products to the maximum extent feasible during the performance of this Contract. Products and practices utilized by the Vendor shall be based upon long-term environmental impact, social costs, and operational costs.

19. CONFIDENTIALITY: ATCNPG is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires disclosure of records generated or received in the transaction of ATCNPG business, except as expressly exempted in ORS 192.501, 192.502, or other applicable law. Examples of exemptions that could be relevant include trade secrets (ORS 192.501 (2)) and computer programs (ORS 192.501(15)). ATCNPG will not disclose records submitted by a Proposer that are exempt from disclosure under the Public Records Law, subject to the following procedures and limitations.

All pages containing the records exempt from disclosure shall be marked “confidential” and segregated in the following manner:

A. It shall be clearly marked in bulk and on each page of the confidential document.

B. It shall be kept separate from the other RFP documents in a separate envelope or package.

C. Where this specification conflicts with other formatting and response instruction specifications, this specification shall prevail.

D. Where such conflict (in c above) occurs, the Proposer is instructed to respond with the following: “Refer to confidential information enclosed.”

E. This statement (in d. above) shall be inserted in the place where the requested information was to have been placed.

Proposers who desire that additional information be treated as confidential must mark those pages as “confidential”, cite a specific statutory basis for the exemption, and the reasons why the public interest would be served by the confidentiality. The entire RFP cannot be marked confidential, nor shall any pricing. Should an RFP be submitted in this manner, no portion of it can be held as confidential unless that portion is segregated in the above manner and meets the above criteria.

Notwithstanding the above procedures, ATCNPG reserves the right to disclose information that ATCNPG determines, in its sole discretion, is not exempt from disclosure or that ATCNPG is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, ATCNPG will notify the Proposer. If the Proposer disagrees with ATCNPG’s decision, ATCNPG may, but is not required to enter into an agreement not to disclose the information so long as the Proposer bears the entire cost, including reasonable attorney’s fees, of any legal action, including any appeals necessary to defend or support a no-disclosure decision.

20. METHOD OF AWARD:

A. The contents of the proposal of the successful Proposer will become contractual obligations if an award is made. Failure of the successful Proposer to accept any contractual obligations may result in cancellation of the award.

B. A contract shall be awarded only to the responsible Proposer that submits the highest scoring and most responsive proposal which meets and complies with all solicitation requirements as determined by the evaluation factors, provided that the proposal is reasonable, and it is in the best interest of ATCNPG to accept it.

C. A Notice of Intent to Award (NIA) will be published after the evaluation process is complete. Public notice of award will be made by posting the NIA on ATCNPG’s website. https://cpsd6food.com/index.php?page=ProcurementInformation&sid=0506121807003006

22. EVALUATION AND AWARD:

Evaluation.

A. ATCNPG shall review offers to determine whether an offer is responsive and/or a Proposer is responsible. ATCNPG will award a contract only to a responsible Proposer with a responsive offer.

B. ATCNPG may set forth special evaluation criteria (other than price) in Section III – Special Terms and Conditions that will be used to determine the successful Proposer. No offer shall be evaluated for any criteria not disclosed herein.

C. Unless expressly authorized, Proposers shall not make their offer contingent upon ATCNPG’s acceptance of any specifications of contract terms that conflict with or are in addition to those in this bid.

Award.

A. ATCNPG shall award the contract only to the responsible Proposer that submits the successful offer and that meets any special evaluation criteria.

B. After the evaluation process is complete ATCNPG shall provide written notice to all Proposers of ATCNPG’s intent to award the Contract (Notice of Intent to Award – NIA). Public notice of award will be made by posting the NIA on the ATCNPG’s website. ATCNPG’s award shall not be final until the latter of the following:

a. Seven (7) days after the date of the NIA, unless otherwise provided; or

b. Until ATCNPG provides a written response to all timely-filed protests (if any) denying the protest and affirming the award. See the Aggrieved Proposer clause for more on protests.

23. AGGRIEVED PROPOSERS: Any adversely affected Proposer may submit a written protest of ATCNPG’s Notice of Intent to Award (NIA). Protest(s) must be received no later than 12:00 noon on the seventh (7th) calendar day after the NIA is published.

A. A Proposer is only adversely affected if the Proposer is eligible for award of the contract. The protesting Proposer must claim that the selected Proposer is ineligible for award:

a. Because their offer was non-responsive; or

b. ATCNPG committed a substantial violation of a provision in the RFP document or of an applicable administrative rule and the protesting Proposer was unfairly evaluated and would have, but for such substantial violation, been the selected Proposer.

B. The written protest must include the name of the person submitting the protest, the name of the Proposer represented by that person, the specific RFP including the solicitation number that is being appealed, and a detailed explanation of the reasons (facts of evidence) for the appeal.

C. ATCNPG shall not consider a protest that is submitted after the established time period.

D. The aggrieved Proposer must serve all other Proposers with notice of its appeal to allow for rebuttal.

E. Failure to give written notice of appeal to ATCNPG as provided herein constitutes a waiver by the aggrieved Proposer of any objections to the NIA.

F. Disagreement with the bidding process is not justification for appeal.

G. Protest Decision: Upon receipt of any appeal, the Procurement and Contract Manager or designee shall review the protest and submit a written decision to the protester within fourteen (14) calendar days of the date of receipt of the protest. Judicial review will be in accordance with ORS 279B.415. The aggrieved Proposer must notify the ATCNPG Manager in writing before such action is taken.

24. PRICES: Prices quoted must be exclusive of federal, state, and local taxes. If the Proposer believes that certain taxes are payable byATCNPG, the Proposer may list such taxes separately, directly below the unit prices for the affected item.

25. ACCEPTANCE PERIOD: All offers submitted shall remain in force for a period of sixty (60) days in order to provide time for evaluation and approval of proposed awards. ATCNPG shall request in writing any extension of this sixty (60) day acceptance period.

26. PROPOSAL PREPARATION COSTS: ATCNPG is not liable for any costs incurred by the Proposer in preparation of the Proposal.

27. CONTRACT FUNDING: Award in part or in whole is contingent upon available funding. In the event adequate funds are not appropriated and allocated by the member district within ATCNPG, ATCNPG reserves the right to cancel fixed quantity, multi-year term or requirements contracts at no penalty.

28. CONFLICTING TERMS: In the event that the Special Terms and Conditions (Section III) conflict with the General Provisions (Section II) or the Instructions to Proposers (Section I), the Special Terms and Conditions shall take precedence.

29. SAFETY: The vendor shall comply with all application provisions of the Occupational Safety and Health Act throughout the duration of the specified work.

SECTION II

GENERAL PROVISIONS

RFP 1

1. ACCEPTANCE: Signature on an Agreement shall constitute Acceptance of the offer including all the terms and conditions specified in the solicitation. Receipt of a fully executed Agreement shall cause initiation of performance by the Vendor. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Vendor are rejected unless expressly agreed to in writing by an authorized representative ofATCNPG Purchasing Team.

2. APPLICABLE LAW AND DISPUTES: Any dispute with respect to this Proposal shall be governed by ORS 279B.

3. ASSIGNMENT: This Agreement or any interest hereunder shall not be assigned or transferred by the Vendor without the prior written consent of ATCNPG. ATCNPG shall not consent to any proposed assignment unless and until the Vendor furnishes ATCNPG with two (2) executed copies of the assignment.

4. BANKRUPTCY: ATCNPG may terminate this Agreement in whole or in part by written notice:

A. If the Vendor shall become insolvent or makes a general assignment for the benefit of creditors: or B. If a petition under any bankruptcy act or similar statue is filed by or against the Vendor and is not vacated within ten (10) days after it is filed. Termination under this clause shall be in accordance with the “Termination for Default” clause.

5. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Vendor shall comply with all applicable Federal, State and Local laws and ordinances and all lawful orders, rules and regulations hereunder, including the applicable provisions of the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Federal Civil Rights Act of 1964, the Equal Employment Opportunity Act, and all regulations and standards and any amendments issued pursuant thereto. ATCNPG shall have the right to immediately terminate this agreement if the Vendor fails to comply with such acts and regulations.

6. IDENTIFICATION OF VENDOR’S EMPLOYEES: The Vendor shall be responsible for furnishing to each employee an employment photo identification badge and require that each employee engaged on the work site to display such identification while at all ATCNPG sites.

7. BACKGROUND CHECKS: All company personnel that will be on ATCNPG member district premises shall agree to a thorough background check, and possible random re-check. Vendor will provide ATCNPG with a list of all company personnel that will be on-site and will update/notify the ATCNPG Manager five days prior to new employees visiting sites.

8. VENDOR’S TAX ID NUMBER: If goods or services procured through the RFP must be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to ATCNPG before payment will be made. Awarded Vendor must complete a W9 form and provide a copy to all member districts.

9. INSURANCE: Before commencing work, Vendor shall procure and maintain insurance with an insurance carrier satisfactory to ATCNPG. Certificates of such insurance issued by the Vendor’s insurance carrier shall be filed with ATCNPG before commencement of work. Vendor shall be additionally insured on auto and liability policies:

A. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY: As required by statute.

B. COMPREHENSIVE AUTOMOBILE LIABILITY including owned, non-owned and hired vehicles:

C. $2,000,000.00 Combined Single Limit Bodily Injury and Property Damage any one occurrence and in the aggregate.

D. COMMERCIAL GENERAL LIABILITY to include premises operations, independent Vendors, products/completed operations, and blanket contractual: $2,000,000.00 Combined Single Limit Bodily Injury, Property Damage, and personal injury-any one occurrence and with an annual aggregate limit of $4,000,000.00.

E. PROFESSIONAL LIABILITY INSURANCE covering errors and omissions of Vendor and employees with a limit of $2,000,000.00 per occurrence and with an annual aggregate limit of $4,000,000.00.

F. Certificates of Insurance shall be issued to Central Point School District #6 c/o ATCNPG Anne Leavens, 1003 Manzanita Street, Central Point, OR 97502.

G. The Vendor agrees to pay for the insurance specified and agrees to provide ATCNPG with a thirty (30) day notice of cancellation if non-renewal occurs during the agreement period.

10. DELAYS: The Vendor shall not be liable for any delays in delivery caused by circumstances beyond its control including acts of God or of the public enemy, acts of the United States Government, fire, floods, epidemics, quarantine restrictions, strikes, or embargoes. When any delays in delivery are anticipated the Vendor should immediately give notice thereof to ATCNPG.

11. INDEMNIFICATION: Except for claims arising out of acts caused by the sole negligence ofATCNPG, its agents, servants or employees, the Vendor, and employees of such, agrees to indemnify and hold harmless ATCNPG, its agents, servants, and employees, from acts or omissions of any nature whatsoever of the Vendor, its agents, servants, and employees, causing injury to, or death of person(s) or damage to property arising out of services provided and from any expense incident to the defense of ATCNPG there from. The Vendor agrees to hold ATCNPG harmless from and to defend it against any and all claims arising out of this Agreement.

12. NON-DISCRIMINATION: The Vendor shall comply with the applicable provisions of the Federal Civil Rights Act of 1964 and all Amendments thereto and the Equal Employment Opportunity Act and all amendments thereto, and all regulations issued hereunder by the Federal and State governments. If the Vendor fails to comply with such acts and regulations, ATCNPG shall have the right to immediately terminate this Agreement.

13. NO WAIVER OF CONDITIONS: ATCNPG’s failure to insist upon strict compliance shall not be deemed to be a waiver of any right and waiver of a right under this contract shall not constitute a waiver of any other right or waiver of any other default under this contract.

14. CHANGES: ATCNPG may, at any time, and from time to time by written order from ATCNPG’s Manager to the Vendor, make changes in any one or more of the following: (a) method of shipment or packing; and (b) time and/or place of delivery, including adding or changing delivery locations and to increase or decrease the number of deliveries to delivery locations; and (c) the quantity of items ordered. If such change causes an increase or decrease in the price of the Order or the time required to perform, an equitable adjustment shall be made and the Order modified in writing accordingly. Any claim by the Vendor hereunder must be asserted in writing within fifteen (15) days from the date the change is ordered. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon ATCNPG, except when confirmed in writing by a member of ATCNPG.

15. NO MODIFICATION OF PROPOSAL: The terms and conditions contained in this Proposal may not be added to, modified, superseded, or otherwise altered except by a written modification signed by an authorized representative of ATCNPG.

16. TERMINATION FOR CONVENIENCE: ATCNPG may terminate a contract, in whole or in part without showing cause upon giving written notice to the Vendor. ATCNPG shall pay all reasonable costs incurred by the Vendor up to the date of termination. The Vendor will not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination.

17. TERMINATION FOR DEFAULT:

A. ATCNPG may, at its option, terminate or cancel an agreement for any material violation of the provisions of the Agreement. Such provisions generally include, but are not limited to:

a. Standard terms and conditions included in all Contracts

b. Product or service specifications;

c. Delivery or completion requirements; or

d. Pricing and price escalation/de-escalation clauses B. ATCNPG’s termination of an agreement or of a Vendor’s performance shall not restrict or abrogate any other remedy available to ATCNPG that is provided either by law or under the Agreement, unless other remedies are expressly limited by the terms of the Agreement.

C. Unless otherwise agreed upon in the Agreement, ATCNPG will provide the Vendor written notice of its intent to terminate the Agreement or the Vendor’s performance. If the Vendor provided a performance and payment bond, the surety shall also be provided with a copy of the notice of termination. Unless otherwise provided in the Agreement, the notice shall include:

a. The effective date of termination (which may be the date of notice receipt);

b. The grounds for termination,

c. Notice of the time (if any) in which the ATCNPG will permit the Vendor to correct the failure to perform.

18. NEGOTIATION WITH AWARDED VENDOR: ATCNPG reserves the right to negotiate final contract terms with the awarded Vendor to the fullest extent allowed by law and as in the best interest of ATCNPG.

19. SMALL, MINORITY, AND WOMEN BUSINESS: Pursuant to 2 CFR 200.321 and Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, ATCNPG encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. ATCNPG also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information, please visit Business Oregon : Certification Office for Business Inclusion and Diversity (COBID) : Certification Office for Business Inclusion and Diversity (COBID) : State of Oregon If the Contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed COBID Outreach Plan (Attachment F) prior to execution.

20. BUY AMERICAN PREFERENCE: ATCNPG 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).

Substantially means over 51% of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically. 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 10 days in advance of delivery.

The request must include the:

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

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

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

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

· Price of the domestic food product; and

· Price of the non-domestic product that meets the required specification of the domestic product.

Vendor will provide ATCNPG with point of origin for all products and alert ATCNPG if product cannot reasonably be provided domestically due to lack of availability or without a significant price increase.

21. AUDIT: ATCNPG, the Oregon Department of Education, USDA, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any book, documents, papers, and records of the vendor, which are directly pertinent to this specific contract, for the purpose of making audits, examinations, excerpts, and transcriptions. The vendors must maintain all required records for three years plus the current year after ATCNPG members make final payment and all other pending matters are closed. (2 CFR 200).

22. ETHICS IN PUBLIC CONTRACTING: By submitting a proposal, Proposers certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other Proposer, supplier, manufacturer or sub-vendor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, or services.

23. EQUAL OPPORTUNITY: 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 DAS (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: http://www.ascr.usda.gov/complaint_filing_cust.html, 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.

SECTION III

SPECIAL TERMS AND CONDITIONS

RFP 1

1. SCOPE: ATCNPG is seeking proposals for a Primary Distributor of Food Service Products and Paper Supplies for the 2022 - 2023 school year. The objective is to select one primary distributor to minimize costs while providing flexibility and productivity. Features that ATCNPG would like in this agreement include but are not limited to: a multi-year agreement of grocery and related products offered at the lowest competitive price; customer service and reliability.

2. BACKGROUND: ATCNPG is composed of 26 nonprofit school district Nutrition Services departments located in the State of Oregon agreeing to purchase cooperatively to take advantage of volume pricing for food products and supplies. A list of ATCNPG member districts, addresses and contact people is included in the Request for Proposal. This is a combined bid for all ATCNPG member districts.

3. OBJECTIVE: A grocery and supplies purchasing contract for ATCNPG that:

A. Minimizes costs.

B. Meets delivery requirements.

C. Maintains product quality throughout the agreement period.

D. Includes service requirements of all groceries and supplies available.

E. Allows flexibility in order placement.

F. Defines the time frame.

G. Gives price stability for budget planning.

H. Considers total cost for ATCNPG.

4. CONTRACT PERIOD: The contract period shall be from July 1, 2022, through June 30, 2023. The initial contract is for a one-year period with four possible one-year renewals.

5. RENEWAL OPTION: This contract may be renewed upon mutual agreement of ATCNPG and the Vendor for four (4) additional one (1) year periods (up to June 30, 2027).

6. SERVICES REQUESTED:

A. The Vendor must have:

1. An assigned sales/customer service representative for ATCNPG

2. Full-service grocery distribution experience in the state of Oregon for a minimum of one year.

3. Fully trained delivery staff and sales representative(s) in sufficient number to guarantee acceptable service response.

4. A representative available during regular office hours compatible with ATCNPG Monday through Friday work week.

5. Ability to place orders via vendor web-based system, over the phone, by email and/or through ftp transfer from member district software.

6. Access to sufficient trucks, delivery hardware, and products to service these accounts.

B. The Vendor must:

1. Be a full line distributor with ten years’ experience.

2. Offer prompt, courteous, and responsive delivery service.

3. Act as a resource for coordinating timely delivery schedules.

4. Provide new marketing and product information, as it becomes available.

5. Be able to make deliveries before the school day starts, where and when the district requires.

6. Be able to deliver to all locations within the ATCNPG membership.

C. The Vendor must provide a list of user references that have similar delivery service contracts.

7. TERMS:

A. All proposals shall be for merchandise delivered F.O.B. destination (ATCNPG).

B. All shipping/handling charges are to be included in the bid amount.

C. There shall be no extra, or miscellaneous charges, i.e. fuel surcharge, to the member district made directly to a site regardless of case count or dollar value of order, unless otherwise stated in vendor proposal and accepted by ATCNPG.

D. Terms are net 30 from the end of the month in which all the purchases for the month are collated and summarized into a statement. Payment will be made within 30 days after receipt of both product and invoice, from whichever date is later. Receiving records and invoices must match exactly before payment will be processed. Invoices must be mailed or e-mailed by the 5th of the month following deliveries.

E. All delivery records must include pricing of products at the time of delivery.

F. All costs and/or charges must be clearly identified in the bid document submittals.

G. Any rebate or savings that the vendor receives must be passed on to the ATCNPG member district(s).

8. PROPOSAL REQUIREMENTS: It is the intent of ATCNPG to review and accept proposals from qualified vendors that can provide the products, specified services and who meets all other conditions addressed throughout this document. ATCNPG intends to enter into a contract with the successful Proposer based on the terms and conditions contained herein.

Original proposal and four copies, and flash drive, are due at:

Central Point School District #6 c/o ATCNPG Anne Leavens, 1003 Manzanita Street, Central Point, OR 97504, by 11:00 am on May 16, 2022.

9. GROCERY PRODUCTS are to be furnished and delivered in accordance with the following:

A. Product Quality All products sold to ATCNPG shall be warranted and guaranteed to be merchantable by the Vendor and fit for the purpose for which it is intended.

Additional specification information is noted in the ATCNPG Price Proposal Sheet and must be adhered to along with the specification information in the main proposal document.

Product temperature FOR EACH ITEM must be maintained at a temperature to maintain food safety, freshness, quality, shelf life and nutritional value. Product shall be transported in a climate-controlled container regulated to keep the item(s) in good condition and in accordance with the current US Department of Agriculture guidelines and safe food handling practices during all stages of processing, distribution, and storage.

B. Deviations from specifications If there is any deviation in the pack, source, quality, etc. of an item requested from that prescribed in the specifications, the difference must be clearly indicated and approved by ATCNPG. During the term of the Contract, Vendor must adhere to the pack and size specifications.

C. Special orders Any items considered special order by the proposer must be noted and lead times for said items must be specified in the ATCNPG Price Proposal Sheet. With the exception of stated lead time, special order items will be considered as regular products for all other aspects relating to terms and conditions stated herein.

D. Brand, pack size, product specifications changes The vendor shall not change the brand, pack size or product specifications, including but not limited to ingredients and product formulations, unless circumstances arise that are out of the vendor’s control. Notice in writing with an explanation for the change shall be given to ATCNPG fifteen (15) business days prior to any change.

E. Substitutions/Shortages When an item is not available, a substitute is to be offered and shall be approved by ATCNPG before shipment of the order. If no substitute is available, the member district should be alerted 24 hours prior that no item will be shipped.

· All substitute items shall be equal to or better than the original item. The determination of equivalency will be based solely on the opinion of the ATCNPG member district.

· If there is a price difference in the unit price (unit as determined by ATCNPG) between the original item and the substitute item, then the ATCNPG member district shall be charged whichever is the lower.

· All substituted items when applicable shall be accompanied by the following:

· CN label and/or Nutritional Information on all food products

· Safety Data Sheets (SDS) for all items awarded that are classified as hazardous under OAR 437 Division 155.

F. Packaging and Labeling Package size is to be manufacturer’s standard unless otherwise specified by the proposer in the ATCNPG Price Proposal Sheet. Failure to make notation will be construed as merchandise being furnished as specified.

The vendor shall ensure all cases, cartons, and containers are unblemished and sealed as received from the manufacturer. All packaging shall be wholesome, safe and in sanitary condition. Cartons and carriers used to transport products from the Vendor’s plant shall be clean and sanitary at all times. Labeling of all containers shall comply with Federal Food, Drug and Cosmetic Acts, and related legislation including latest revisions.

Packaging:

a. Must protect the taste, aroma, visual and other palatable properties measured by the senses and other quality characteristics of the product.

b. Must protect the product against microbiological and other contamination.

c. Must protect the product from dehydration

d. Must NOT pass on to the product any odor, taste, color or other foreign characteristics through the processing (where applicable) and distribution of the product up to the time of receipt into the member district facilities.

e. Containers shall be labeled legibly to show:

· Name of product contained

· Manufacturer’s Product Number

· Net Weight

· Expiration date clearly marked

f. Cartons and carriers used to transport products from the Vendor’s facility shall be clean and sanitary at all times in accordance with good commercial practice.

10. VENDOR DELIVERABLES AND RESPONSIBILITIES

A. Delivery and Performance Schedule Vendor must meet the highest standards prevalent in the industry or business most closely involved in providing the Goods or Services that ATCNPG is purchasing.

Vendor shall make delivery to the ATCNPG member districts as requested throughout the year. Deliveries shall be made as needed and within the timeframe requested for each ATCNPG member.

B. General Delivery Requirements

Vendor shall meet the following conditions:

a. Provide packing slips with each shipment identifying items ordered by the item number(s), quantity ordered, purchase order, master PO number and associated invoice numbers.

b. All deliveries shall be organized for easy off loading and receipting. Vendor shall provide delivery, unload and place the product in the school or building as directed. Vendor will remove all debris, and rubbish resulting from delivery off site in a responsible manner. The premises shall be left in a neat, unobstructed condition upon completion of the delivery.

c. Products that do not meet ATCNPG or HACCP Specifications may be rejected, and replacement of the rejected products shall occur within 24 hours of the delivery date at no cost to the member district.

d. Delivery schedule and frequency will be determined by each ATCNPG member to assure proper inspections. Delivery schedule can be amended to allow additional delivery sites and times as required by the ATCNPG member district. Delivery schedules can be altered or changed to serve the needs of both parties. Under no circumstances will deliveries be accepted during lunch service.

a. Delivery sites and timeframes will be provided by each member district of ATCNPG

b. Dark drops and other special delivery requirements will be negotiated with each member district of ATCNPG.

C. Delivery Minimums Our current minimum terms are 25 cases or $300.00. Vendor shall propose your delivery minimums. You can scale for district size. Due to the varying sizes of our member districts, we don’t want to adjust as our small members may never be able to meet minimums. We are open to negotiating these terms.

D. Delivery Delays If delivery delays are foreseen, the ATCNPG member district must be notified within 24 hours of Vendor’s knowledge of such delay. Vendor shall keep the ATCNPG member district advised of the status of deliveries.

Failure to meet delivery dates may constitute a breach of Contract by Vendor which may subject Vendor to termination under terms and conditions of the resultant Contract.

In the event of default by the Vendor of their obligations, ATCNPG reserves the right to obtain the required products elsewhere. Vendor would be responsible for any differences in price for the replacement products.

E. Holidays/School Closures In the event of a school holiday or when schools are closed for inclement weather, deliveries will be made the next day that the schools are open or deliveries will be coordinated between the ATCNPG member district and Vendor.

F. Refrigerated Goods Vendor will assure that all products are processed, packaged, and stored in humidity elevated (90%-95%), ventilated (air circulating), refrigerated areas that are sufficient to maintain product quality and excellence until delivery of product into the ATCNPG member district’s refrigerator as the product requires for safe food handling.

Refrigerated items are not to…