Bid 22-12 Addendum 1

Commodity Processing Chicken (Annual Contract)

Bid #22-12

Addendum #1

The information contained in this document shall become an official part of the original document and shall be acknowledged as noted on the Certification Form of solicitation document in the space provided.

Failure to acknowledge receipt of an addendum may result in a status of non-responsive. Firms are encouraged to review the contents of this document and to respond accordingly.

Addendum No. 1 is issued to answer questions submitted prior to the Request for Inquiry deadline.

No. Questions Answers

1 Please confirm if you are looking for FFS only pricing for delivery to Williams Institutional Foods or are you looking for

NOI pricing to Williams?

FFS through Williams

2 Is there a pricing sheet? I did not see one to submit with the bid.

The Bid Submittal Form is on page 33 of the solicitation.

3 What are the contract dates for? The initial contract begins with date of contract execution for a one (1) year term. Section 15, Page 19 “Performance Period.”.

4 When do you anticipate awarding this bid?

5 Are you accepting alternate material codes?

Section 4.0 Specifications lists Chicken: Large Bird 100103.

Are we able to bid an item using Chicken Legs 100113?

No alternate material codes are accepted.

Large Bird 100103 only, no chicken legs are accepted.

6 Can you provide clarification on how to fill out the pricing page for the Purchase Equivalent Product Section?

Are the columns with asterisks/grayed off not required?

If required, what information would you like in those columns?

Information is not required in the gray out area.

No. Deviations/Exceptions to Invitation to Bid #22-12 Accept/Not Accept

SECTION II. GENERAL TERMS AND CONDITIONS

FOR THIS ITB (LETTER N) / ITB SECTION 35.0 PURE

FOOD GUARANTY AND INDEMNITY AGREEMENT /

ITB SECTION 36.0 GENERAL INDEMNITY & 37.0

INTELLECTUAL PORPERTY INDEMNITY & 38.0

WARRANTY OF QUALITY: Tyson agrees to indemnify

Savannah-Chatham County Public School System as described in the Pure Food Guaranty/Indemnification Agreement attached and incorporated herein. However, Tyson is willing to have each parties’ legal counsel negotiate mutually agreeable terms and conditions.

Purchasing to answer

ATTACHMENT A SECTION 4.0 SPECIFICATIONS:

Tyson cannot guarantee a remaining shelf life of 12 months at the time of delivery; however, on direct ship orders we will use our good faith efforts to accommodate. The majority of the time this will not be an issue, however we cannot make this guarantee for every case of product received.

ACCEPT

ATTACHMENT A SECTION 8.0 PRICING (LETTER C) /

ATTACHMENT A SECTION 9.0 METHOD OF

ACCEPT

SHIPMENT/DELIVERY (LETTER F) / ITB SECTION 7.0

PRODUCT INSPECTION / ITB SECTION 21.0

DELIVERIES #21.6: For districts electing to use direct delivery from Tyson, the receiving facility must have a loading dock. If the school district is unable to unload the product, then a third-party lumper must be available to unload the product at the recipient agency's cost.

ATTACHMENT A SECTION 33.0 LITIGATION

HISTORY: Tyson employs over 141,000 team members and has over $43 billion in annual sales. With the level of sales

Tyson has there are periodic disputes between parties in regard to contracts, and these disputes can be litigated/arbitrated.

Tyson believes it has a strong reputation for honoring its contracts, and the company is dedicated to fulfilling orders.

Neither Tyson nor its subsidiaries have filed for bankruptcy in the past 10 years. Further, as a publicly traded company, required disclosure of litigation or other material proceedings can be found in Tyson’s Proxy Statement and the 10-K and 10-

Q filings, all of which are available at www.sec.gov (Ticker symbol TSN).

ACCEPT

ITB SECTION 4.7 REFRIGERATED AND FROZEN

ITEMS: All transportation of Tyson food products is conducted in accordance with the FSMA Sanitary Transport

Rule at 21 C.F.R. § 1.904. Tyson's Standard for shipping frozen products is that the products are shipped in a refrigerated truck with the temperature recorder box set at -5° F. The purpose of a temperature recorder box is to maintain cabin temperature range and separate the external temperature gradient between the inside and outside of the truck. Like any A/C unit, these units run in cycles in which they cycle on and off to maintain a consistent temperature. Resultingly, the temperature of the product is received by the customer at 10° F or less.

ACCEPT

ITB SECTION 4.11 EXPIRATION DATES,

PRODUCTION DATES, AND “BEST IF USED BY:

DATES: Tyson uses a code date system that indicates the manufacturing date and location for tracking purposes of the product. We do not have a “use by” date labeled on the case.

All of our products have shelf-life information available on our website. The shelf life gives you a date for the best eating quality. Please see attached within our proposal response, our code date format information for your use in helping to identify the date of production. You can use this along with the shelf-life information provided from our website http://www.tysonfoodservice.com/your-channel/k-12 to determine the remaining shelf life from the date of production

ACCEPT

ITB SECTION 4.12 FRESH FOODS TRACKING & 4.16

MONTHLY USAGE REPORTS FOR ALL PRODUCTS /

ITB SECTION 24.0 UTILIZATION REPORTS: Access to

ACCEPT

http://www.sec.gov/ http://www.tysonfoodservice.com/your-channel/k-12

Tyson’s inventory of USDA donated commodity products is available in real-time at www.K12foodservice.com

ITB SECTION 4.18 QUALITY CONTROL

REQUIREMENTS / ITB SECTION 26.0 HAZARD

ANALYSIS AND CRITICAL CONTROL POINT

(HACCP) REQUIREMENTS: Please see attached letter dated January 2nd, 2019 for information regarding our HACCP

Program. Tyson’s complete HACCP Program is considered proprietary and cannot be provided. However, our complete

HACCP Program is available for viewing at any of our production facilities. Our standard for Frozen Chicken products is the product is shipped at 0° and received by the customer at

10° F or less.

ACCEPT

ITB SECTION 7.0 PRODUCT INSPECTION & 9.0

SUBSTITUTION CLAUSE: Tyson Foods operates in accordance of all applicable regulations, as stated on the attached Pure Food Guaranty/ Indemnification Agreement and

HACCP letter. For a Tyson direct ship delivery to the recipient agency, the recipient agency has the right to refuse at the time of delivery for damaged product. Deliveries to the recipient agency by distributor and/or carrier would be between the recipient agency and distributor to resolve.

Product quality complaint process:

• Recipient agency fills out product complaint form

• Email the form to fscomplaints@tyson.com

• The Tyson complaint department will investigate the complaint

• Depending upon the results of the complaint investigation, Tyson and the recipient agency will negotiate the proper resolution.

ACCEPT

ITB SECTION 8.0 FACILITIES AND VECHILE

INSPECTION: Physical facility visits will be welcomed if they are pre-arranged and at the expense of Savannah-Chatham

County Public School System. Each of our food processing establishments is subject to FDA and/or USDA inspection as required by law. These establishments operate in accordance with all applicable regulations including, but not limited to, HACCP, SSOP, Sanitation Performance Standards, and GMP.

Tyson will not grant the right to “inspect” our facilities. The inspection of delivery vehicles will be limited to include only the trailer portion of the vehicle and not the driver's compartment.

ACCEPT

ITB SECTION 18.0 ORDER PLACEMENT & 19.0

EMERGENCY ORDERS: A 14-day minimum notice for ordering is required. To assist in eliminating the occurrence of an emergency delivery situation, Tyson will continually manage product inventory to ensure timely supply by analyzing menu frequency of specific products and district ADP. Tyson’s

Demand Planner will develop a forecasting plan which will

ACCEPT

http://www.k12foodservice.com/ mailto:fscomplaints@tyson.com generate a demand-driven production plan. This production plan will allow our facilities to produce products just in time for the district and continue our efforts towards to creating innovative products your students will love and expect through their growing participation within your school lunch program.

Tyson will continue to partner with you to deliver quality, innovative and safe products that drive increased menu participation for years to come.

ITB SECTION 23.14 TERMS OF PAYMENT &

INVOICING: Tyson’s payment terms are Net 14 days. The payment methods accepted by Tyson are Checks, Ach and

Wires. We do not offer any early payment discounts.

The district payment terms are 2%

10, Net 40 days.

ITB SECTION 55.0 FORCE MAJEURE: Tyson would expect a standard force majeure provision to be incorporated into any definitive agreement with Savannah-Chatham County

Public School System which would excuse either parties’ failure to perform due to circumstances outside of their control such as:

• Tyson shall not be liable for any delay, failure or impairment of performance resulting in whole or in part from acts of God, including fire, floods, severe weather conditions or other catastrophes; strikes, lockouts or labor disruption; wars, terrorism, riots or embargo delays; pandemic, epidemic or quarantine;

raw material market conditions; the inability to procure supplies or raw materials; shortages of transportation equipment, fuel or labor; or any other circumstance or cause beyond the reasonable control of Tyson.

Additionally, manufacture, shipment and delivery are subject to any prohibition, restriction, priority allocation regulation or condition imposed by or on behalf of the United States of America or any other governmental body with appropriate jurisdiction which may prevent or interfere with fulfillment of any order

ACCEPT

***ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED***

End of Addendum #1 to Bid 22-12