Dairy ITB 24-003 - WLWV SD SY24.25.docx.pdf

Dairy Products - Invitation to Bid Invitation to Bid #24-003

Date of Issue: 7/10/24

Closing Date: 7/25/24

Single Point of Contact (SPC):

Lindsey Flores

West Linn-Wilsonville School District 3J 2755 SW Borland Rd.

Tualatin, OR 97062

FloresL@wlwv.k12.or.us

(503) 673-7978

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

West Linn-Wilsonville School District 3J – Dairy Products Bid #24-003 School Year 2024-2025

INVITATION TO BID

FOR Dairy Products

Notice is hereby given that the West Linn-Wilsonville School District 3J, hereafter referred to as the

WLWV SD 3J, will receive bids for fresh milk for 2024-2025 school year, with (4) four optional (1) one year annual renewals through the 2028-2029 school year.

Calendar of Events

Event Date

Release ITB to be Publicly Advertised 7/10/24

Bidder’s Written Questions and Requests Received 7/17/24

Release of Addendums to ITB 7/19/24

Bidder Responses Due/Public Opening of Bids 7/25/24 12pm

Intent to Award 7/25/24

Protest Period 7/26/24-8/1/24

Contract Signed 8/5/24

We will make every effort to administer the ITB process in accordance with the Calendar of Events.

However, we reserve the right to modify the ITB process and dates as deemed appropriate.

SECTION I

Instructions to Bidders:

Bidders are asked to read all instructions, specifications, and attendant information carefully and thoroughly. The Single Point of Contact (SPC) for this ITB is identified on the Cover Page, along with the SPC’s contact information. Bidders shall direct all communications related to any provision of the ITB, whether about the technical requirements of the ITB, contractual requirements, the ITB process, or any other provision only to the SPC.

An agreement will be made in writing to the most responsive and responsible bidder with the lowest price total for all items solicited. Where specified in bidding documents, factors such as discounts and transportation cost must be considered in determining which bid is lowest firm fixed price.

Quote all prices NET and Freight on Board (FOB) to the district destination. Please submit firm fixed prices for all items as given in the specifications. Bidders should indicate if the bid price quoted includes any special promotions or discount from the manufacturer of the item.

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Bids will be received for consideration by the WLWV SD 3J until 12:00PM, Thursday, July 25th, 2024.

No bids will be accepted after that time and date. One hard copy and one electronic copy of all proposals (on a USB Flash Drive) shall be sealed in opaque envelopes and delivered on or before 12:00PM, Thursday, July 25th, 2024 to:

Lindsey Flores West Linn-Wilsonville School District 3J Nutrition Services 2755 SW Borland Rd.

Tualatin, OR 97062

The Public Bid Opening will be at 12:00PM, Thursday, July 25th, 2024 at:

West Linn-Wilsonville School District 3J Nutrition Services 2755 SW Borland Rd.

Tualatin, OR 97062

LATE BIDS: Bids received after the specified due date and time shall not be considered and shall be held unopened by the WLWV SD 3J until after the award of the contract. The WLWV SD 3J 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 Bidder. The WLWV SD 3J reserves the right, at its discretion, to consider offers that have been delayed or mishandled by the WLWV SD 3J.

The envelope must be marked West Linn-Wilsonville School District 3J Dairy Products Bid.

Bidders must return all required attachments listed in Section IV, Bid Submittal Procedures: Submittals Required. In order to qualify for consideration, the required submittals needing a signature, must be signed by an individual of the company who is authorized to act in that capacity before an award will be made. Qualifications of Bidder will be evaluated when determining the award of bid. Failure of a responsible officer of the organization to properly sign the bid will result in no consideration being given to the bid.

MODIFICATION OR WITHDRAWAL: Bidders may modify or withdraw their submitted bid only prior to the ITB due date and time. Any modification or withdrawal shall be made in writing, prepared on the Bidder’s letterhead, signed by an authorized representative of the bidder, 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 SPC to receive offers.

CHANGE, CLARIFICATION OR PROTEST: Bidders may request changes or clarification to, or protest the contract terms and conditions and/or the specifications of the ITB. Bidder’s comments must be made in writing and received by the WLWV SD 3J at least seven (7) calendar days prior to the ITB due date to allow enough time for issuance of an addendum, if required. Such comments shall include:

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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 Bidder; and C. A statement of the form of relief requested or any proposed changes to the contract terms and conditions or specifications.

All Bids are to remain valid for sixty (60) days from the due date. All envelopes containing requests or protests must be clearly marked to SPC. The SPC shall not consider a Bidder’s request for change or protest after ITB due date and time. The SPC shall provide notice to the applicable Bidder if it entirely rejects the request or protest. If the WLWV SD 3J agrees with the Bidder’s request or protest, in whole or in part, the WLWV SD 3J shall issue an addendum reflecting its determination.

ADDENDA: Changes or additions to ITB documents shall be accomplished by written addenda.

Addenda shall be issued prior to the ITB due date to allow Bidder sufficient time to consider the changes or additions in preparing their offers. The Bidder shall acknowledge receipt of all addenda issued on the appropriate submittal tab enclosed. At its discretion, the WLWV SD 3J may extend the ITB due date and time to allow Bidders time to analyze and adjust to any changes. The SPC shall notify Bidders of any such changes to the due date and time in the addenda. Bidders are responsible to make inquiry as to any addenda issued.

MISTAKES BY BIDDER: The WLWV SD 3J 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 Bidders or the WLWV SD 3J.

Errors in judgment made in an offer by a Bidders shall not be waived.

RESPONSIVE/RESPONSIBLE BIDDER: A responsive Bidder is one that conforms in all-material respects to the ITB. The WLWV SD 3J reserves the right to waive technicalities or minor informalities in determining a Bidder’s responsiveness. A responsible Bidder 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.

CLARIFICATION OF RESPONSES: WLWV SD 3J reserves the right to request clarification of any item in a firm’s bid or to request additional information necessary to properly evaluate a particular bid. All requests for clarification and responses shall be in writing. Except for requests and responses related to a clarification necessary to evaluate whether a bid has met minimum requirements, all requests for clarification and responses shall be provided to the SPC.

COLLUSION: A person or firm submitting a Bid hereby certifies that no officer, agent or employee of WLWV SD 3J has a pecuniary interest in this Bid; that the Bid is made in good faith without fraud, collusion or connection of any kind with any other Bidder and that the Bidder is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

RECYCLED MATERIALS AND SUSTAINABLE PRODUCTS AND PROCESSES:

A. USE OF RECYCLED MATERIALS

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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, the WLWV SD 3J 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 District 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.

CONFIDENTIALITY: The District is subject to the Oregon Public Records Law (ORS 192.410 to 192.505), which requires the District to disclose all records generated or received in the transaction of District 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)). The District 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 ITB 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 Bidder 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.

Bidders 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 ITB cannot be marked confidential, nor, shall any pricing. Should an ITB 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, the WLWV SD 3J reserves the right to disclose information that the WLWV SD 3J determines, in its sole discretion, is not exempt from disclosure or that the WLWV SD 3J is directed to disclose by the District Attorney or a court of competent jurisdiction. Prior to disclosing such information, the WLWV SD 3J will notify the Bidder. If the Bidder disagrees with the WLWV SD 3J’s decision, the WLWV SD 3J may, but is not required to enter into an agreement not to disclose the information so long as the Bidder 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.

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METHOD OF AWARD:

A. The contents of the ITB of the successful Bidder 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 responsible bidders that submits the best-fixed price for all items with most responsive bid which meets and complies with all solicitation requirements as determined by the specification document, provided that the bid is reasonable and it is in the best interest of the WLWV SD 3J to accept it.

C. The contract will be evaluated and awarded based on the three dairy products in Attachment I, items which must be an aggregate value of 75% or more of the total contract to be awarded using Market Basket Analysis per USDA memo SP 04-2018.

D. A Notice of Intent to Award (NIA) will be published after the bid evaluation process is complete.

Public notice of award will be made by posting the NIA on OregonBuys.

AGGRIEVED BIDDERS: Any adversely affected Bidder may submit a written protest of the WLWV SD 3J’s Notice of Intent to Award (NIA). Protest(s) must be received no later than 9:00AM on the seventh (7th) calendar day after the NIA is published.

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

1. Because their offer was non-responsive; or

2. The WLWV SD 3J committed a substantial violation of a provision in the ITB document or of an applicable administrative rule and the protesting Bidder was unfairly evaluated and would have, but for such substantial violation, been the selected Bidder.

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

C. WLWV SD 3J shall not consider a protest that is submitted after the established time period.

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

E. Failure to give written notice of appeal to the WLWV SD 3J as provided herein constitutes a waiver by the aggrieved Bidder 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 SPC 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. The affected Bidder must take further protest to the WLWV SD 3J Board. The aggrieved Bidder must notify the SPC in writing before such action is taken.

PRICES: Prices quoted must be exclusive of federal, state, and local taxes. If the Bidder believes that certain taxes are payable by the WLWV SD 3J , the Bidder may list such taxes separately, directly below the unit prices for the affected item.

PROPOSAL PREPARATION COSTS: WLWV SD 3J is not liable for any costs incurred by the Bidder in preparation of the Bid.

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SAFETY: The vendor shall comply with all application provisions of the Contract Work Hours and Safety Standard Act (40 U.S.C. 3701-3708) throughout the duration of this agreement

SECTION II

General Terms and Conditions:

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 of WLWV SD 3J.

All Vendors are required to comply with the provisions of Federal and State statues, regulations, and provisions for the award. Attention is directed to 2 CFR 200 subpart D and Appendix II, 7 CFR 210.21, ORS 244. Government Ethics; ORS 279 Public Contracts and Purchasing; ORS chapter 125, Division 300 to 360 Public Contract Exemptions; and State of Oregon Department of Justice Attorney Generals Model Public Contract Rules manual. Bidders must clearly indicate resident or non-resident status as required in ORS 279A.120(1).

Pursuant to ORS 279B.100, WLWV SD 3J reserves the right to reject any bid not in compliance with prescribed public bidding procedures and requirements and may reject all bids if it is in the public interest to do so. WLWV SD 3J expressly reserve the following rights:

(1) to select or reject any and/or all bids or portions thereof,

(2) to waive any and/or all irregularities in the bids submitted,

(3) to reject any bids not in compliance with all prescribed public bidding procedures and requirements,

(4) to consider the competency and responsibility of bidders in making any award,

(5) to reject any and/or all bids not meeting the specifications set forth herein.

(6) to award the contract by lot or by individual item as the WLWV SD 3J deems appropriate, unless otherwise specified,

(7) to make the award based on their best judgment as to which merchandise or services comply with the specifications,

(8) to increase or decrease specified quantities by 15% on any item listed herein with the understanding that bid price per unit will apply on revised quantity.

ASSIGNMENT: This agreement or any interest hereunder shall not be assigned or transferred by the Vendor without the prior written consent of the WLWV SD 3J.

No alteration in any of the terms, conditions, delivery, quality, quantity, or specifications will be effective without the prior written consent of the WLWV SD 3J. No charges will be allowed for

6 | Page handling which includes but not limited to, packing, wrapping, bags, containers, or reels, etc., unless specifically stated.

Prices quoted should not include federal excise or transportation taxes, nor state or sales taxes as the WLWV SD 3J is exempt from such taxes. Federal excise exemption certificate will be furnished if required.

The vendor warrants all articles supplied under this contract to conform to specifications herein, to be fit and sufficient for the purpose manufactured, merchantable, of good material and workmanship, and free from defects

Modification of Contracted Product Lists to Acquire Additional Goods or Increase Quantities of Listed Goods: During the term(s) of a contract awarded under this solicitation, additional purchases not included in this solicitation list and resulting awarded contract may become necessary and benefit the Program. Both parties agree that the aggregate value of added purchases during each year of the contract, if renewable, shall not exceed 10 % of the estimated total value of the contract. The total value of the contract must be agreed upon and the dollar value listed in every contract and contract renewal. Such additions may be included in the awarded contract list during the contract renewal through a contract amendment, and the total contract value adjusted accordingly. For each contract renewal, the total actual value of the contract in the preceding year and the additions made during the contract term, will be the basis for determining the maximum dollar amount not to exceed 10% of additional goods that will be allowed during the next contract renewal year

BUY AMERICAN PREFERENCE: Vendor shall purchase for resale through the Agreement, to the maximum extent practicable, domestic Food Service Products and shall comply, as applicable, and shall cause each of its sub-vendors to comply, with the applicable requirements and responsibilities set forth in the Buy American code of federal regulations 7 CFR 210.21(d) and 7 CFR 220.16(d).

Domestic Food Service Products mean:

1. An agricultural commodity that is produced in the United States, and;

2. A Food Service Product that is processed in the United States substantially using agricultural commodities that are produced in the United States

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

• WLWV SD 3J 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.

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• 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:

(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.

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

SMALL, MINORITY, AND WOMEN BUSINESS: Pursuant to 2 CFR 200.321 and Oregon Revised Statute (ORS) Chapter 200, and as a matter of commitment, WLWV SD 3J encourages the participation of minority, women, and emerging small business enterprises in all contracting opportunities. WLWV SD 3J also encourages joint ventures or subcontracting with minority, women, and emerging small business enterprises. For more information, please visit http://www.oregon4biz.com/How-We-Can-Help/COBID/ If the Contract results in subcontracting opportunities, the successful Proposer may be required to submit a completed COBID Outreach Plan (Attachment C) prior to execution.

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, the WLWV SD 3J’s administrative regulations, and all regulations issued hereunder by the Federal and State governments. If the Vendor fails to comply with such acts and regulations, the WLWV SD 3J shall have the right to immediately terminate this Agreement.

EQUAL OPPORTUNITY: 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.

8 | Page http://www.oregon4biz.com/How-We-Can-Help/COBID/

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/USDA-OASCR%20P-Complaint-Form-0508-00 02-508-11-28-17Fax2Mail.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;

(2) Fax: (202) 690-7442; or

(3) Email: program.intake@usda.gov

This institution is an equal opportunity provider.

TERMINATION FOR CONVENIENCE: WLWV SD 3J may terminate a contract, in whole or in part without showing cause upon giving written notice to the Vendor. WLWV SD 3J 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.

TERMINATION FOR DEFAULT:

A. The WLWV SD 3J 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:

1. Standard terms and conditions included in all Contracts

2. Product or service Specifications

3. Delivery or completion requirements; or

4. Pricing and price escalation/de-escalation clauses

B. The WLWV SD 3J’s termination of an agreement or of a Vendor’s performance shall not restrict or abrogate any other remedy available to the WLWV SD 3J 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, the WLWV SD 3J board 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:

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

2. The grounds for termination,

3. Notice of the time (if any) in which the WLWV SD 3J will permit the Vendor to correct the failure to perform.

9 | Page https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf mailto:program.intake@usda.gov

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT:

Vendor’s submitting bids must agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

DEBARMENT AND SUSPENSION:

WLWV SD 3J will not make a contract award (see 2 CFR 180.220) to parties listed on the government wide exclusions in the System for Award Management (SAM). All bidders must complete and submit a debarment and suspension certification with their bids and all contract renewals.

BYRD ANTI-LOBBYING AMENDMENT:

All Bidders must complete and submit the required certification with their bid that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

INDEMNIFICATION: Except for claims arising out of acts caused by the sole negligence of the WLWV SD 3J, the Vendor, and employees of such, agrees to indemnify and hold harmless WLWV SD 3J, and its 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 WLWV SD 3J there from. The Vendor agrees to hold the WLWV SD 3J harmless from and to defend it against, any and all claims arising out of this Agreement.

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 will occur or are anticipated the Vendor shall immediately give notice thereof to the WLWV SD 3J.

NEGOTIATION WITH AWARDED VENDOR: The WLWV SD 3J 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 WLWV SD 3J s.

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. WLWV SD 3J shall have the right to immediately terminate this agreement if the Vendor fails to comply with such acts and regulations.

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IDENTIFICATION OF VENDOR’S EMPLOYEES: The Vendor shall be responsible for furnishing to each employee and for requiring each employee engaged with WLWV SD 3J to display such identification.

BACKGROUND CHECKS: All company personnel that will be on WLWV SD 3J s school premises shall agree to a thorough background check, and possible random re-check. Vendor will provide the WLWV SD 3J s with a list of all company personnel that will be on-site and will update/notify district member’s nutrition services department five days prior to new employees visiting sites.

VENDOR’S TAX ID NUMBER: If goods or services procured through the ITB must be included on a Miscellaneous Tax Statement, as described in the Internal Revenue Code, a valid tax identification number must be provided to the WLWV SD 3J s before payment will be made. Awarded Vendor must complete a W9 form.

INSURANCE: Before commencing work, Vendor shall procure and maintain insurance with an insurance carrier satisfactory to the WLWV SD 3J. Certificates of such insurance issued by the Vendor’s insurance carrier shall be filed with WLWV SD 3J before commencement of work. WLWV SD 3J 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:

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

C. 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 minimum of $4,000,000.00.

D. 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.

E. Certificates of Insurance shall be issued to:

West Linn-Wilsonville School District 3J Nutrition Services 2755 SW Borland Rd.

Tualatin, OR 97062

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

CHANGES: WLWV SD 3J, at any time, and from time to time by written order from Nutrition Services to the Vendor, may 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

11 | Page 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 the District, except when confirmed in writing by the SPC.

SECTION III

Special Terms and Conditions

SCOPE: West Linn-Wilsonville School District 3J is seeking bidders to provide liquid milk Dairy Products. The objective is to minimize costs while providing flexibility and productivity to our School District.

BACKGROUND: WLWV SD 3J is a public School District that operates 15 school sites.

CONTRACT PERIOD: The contract period shall be from August 3, 2024 through June 30, 2025. The initial contract is for a one-year period with the option of four one-year renewals.

RENEWAL OPTION: This contract may be renewed upon mutual agreement of West Linn-Wilsonville School District 3J and the Vendor for four (4) additional one (1) year periods (up to June 30, 2027).

SERVICES REQUESTED:

A. The Vendor must have the following:

1. Delivery and Sales representative that will be assigned to WLWV SD 3J.

2. Fully trained delivery and sales representatives in sufficient numbers to guarantee acceptable service response.

3. Regular office hours compatible with the district’s normal 7:00am-3:30pm, Monday through Friday workweek.

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

B. The Vendor must:

1. Be a dairy distributor with five 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 they become available on the market.

5. Be able to make deliveries between 7:00am-12pm.

6. Be able to deliver to all school and support locations throughout the WLWV SD 3J.

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

TERMS:

A. All bids shall be for merchandise delivered F.O.B. destination.

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

C. 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

12 | Page payment will be processed. Invoices must be mailed or e-mailed by the 5th of the month following services.

D. All costs and/or charges must be clearly identified in the bid document submittals E. Any rebate or savings that the vendor receives must be passed on to the WLWV SD 3J.

PROPOSAL REQUIREMENTS: It is the intent of the WLWV SD 3J to review and accept bids from qualified vendors that can provide the products, specified service and meet all other conditions addressed throughout this document. WLWV SD 3J intends to enter into an agreement with the successful bidders based on the terms and conditions contained herein.

OBJECTIVE: The objective of the WLWV SD 3J Price Agreement is:

A. Minimizes product costs.

B. Includes delivery requirements.

C. Maintains product quality throughout the agreement period.

D. Includes service requirements of all products available.

E. Allows flexibility in order placement.

F. Defines the time frame.

G. Gives price stability for budget planning.

H. Considers total cost for district.

PRODUCTS: Are to be furnished and delivered in accordance with the following:

Products must be processed in accordance with standards of best commercial practice. All products must be labeled with:

1. Product Name

2. Product number (if applicable)

3. Finished product net weight

4. Expiration Date

Product Quality: All products sold to WLWV SD 3J shall be warranted and guaranteed to be merchantable by the Vendor and fit for the purpose for which it is intended. Products shall have a minimum of 95% left on the “sell by”, “freshness date”, or “pull date” at time of delivery. “Pull date” is the end of the shelf life for purposes of this proposal.

Products shall arrive from suppliers that have passed a third party audit verification of GAP (USDA Good Agricultural Practices) and/or GHP (USDA Good Handling Practices).

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 WLWV SD 3J. During the term of the contract, Vendor must adhere to the pack and size specifications.

Packaging and Labeling: All products shall be packed and prepared under sanitary conditions and in accordance with good commercial practice. All packaging shall be wholesome, safe and in sanitary

13 | Page 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 must be in accordance with good commercial practice. Package size to be manufacturer’s standard unless otherwise specified.

Proposers are advised to make notations for items found on Pricing Attachment which have had packaging changes by the producer and price accordingly. Failure to make notation will be construed as merchandise being furnished as specified. Each shipping container shall be labeled legibly to show:

1. Name of product contained

2. Item number

3. Product number

4. Net Weight

5. Plant number

6. Name, address and date packed (month, day, year)

7. Best Used By/Expiration Date

8. Chilled products shall be marked “Keep Under Refrigeration”

9. “ROOM TEMPERATURE” held products shall be labeled as such

10. Labels shall display clearly the Port of Origin and Country of Origin.

Vendor will provide split cases as requested by the District. No case split fees shall apply as a result of this request.

VENDOR DELIVERABLES AND RESPONSBILITIES:

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 WLWV SD 3J are purchasing.

The Vendor shall make delivery to WLWV SD 3J as requested throughout the school year. Deliveries shall be made as needed and within the timeframe requested for each school. Delivery charges are (F.O.B.) and must be included in the Bidder’s pricing.

General Delivery Requirements:

Vendor shall meet the following conditions:

Provide packing slips with each shipment identifying items ordered by the WLWV SD 3J. Packing slip will include item number(s), quantity ordered, purchase order, master PO number and associated invoice numbers. All deliveries shall be organized for easy off loading and receipting.

Delivery schedule and frequency will be determined by the WLWV SD 3J to assure proper inspections.

Delivery schedule can be amended to allow additional delivery sites and times as required by the

WLWV SD 3J.

1. Deliveries will be accomplished between 7:00am-12pm to each of the supplied addresses unless both parties mutually agree to a different time.

2. Delivery shall be twice a week unless both parties mutually agree on a different frequency.

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3. Describe order process and lead time needed. Please include whether or not on-line ordering is available.

4. Additional items available: Bidder to attach product list, Specifications, Nutritional Labels including pack size and pricing.

Products that do not meet District 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 WLWV SD 3J.

Expected delivery sites:

DAIRY PRODUCTS DELIVERY SITES

Level School Address

Elementary Boeckman Creek 6700 SW Wilsonville Road Wilsonville OR 97070

Elementary Bolton 5933 SW Holmes Street West Linn OR 97068

Elementary Boones Ferry 11495 SW Wilsonville Rd Wilsonville OR 97070

Elementary Cedaroak Park 4515 S Cedaroak Drive West Linn OR 97068

Elementary Lowrie 28995 SW Brown Rd Wilsonville OR 97070

Elementary Stafford 19875 SW Stafford Road West Linn OR 97068

Elementary Sunset 2351 Oxford Street West Linn OR 97068

Elementary Trillium Creek 1025 Rosemont Road West Linn OR 97068

Elementary Willamette 1403 12th St. West Linn OR 97068

Middle Athey Creek 2110 Brandon Place West Linn OR 97068

Middle Meridian Creek 6300 SW Hazel St Wilsonville OR 97070

Middle Rosemont Ridge 20001 Salamo Road West Linn OR 97068

Middle Inza Wood 11055 SW Wilsonville Road Wilsonville OR 97070

High West Linn 5464 West A Street West Linn OR 97068

High Wilsonville 6800 SW Wilsonville Road Wilsonville OR 97070

High Riverside 2900 SW Borland Road Tualatin OR 97068

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Refrigeration/Climate Control:

Product temperature FOR EACH LINE ITEM must be maintained at a suitable temperature to maintain freshness, quality, shelf life and nutritional value. Products 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 food handling practices during all stages of processing, distribution and storage.

Transportation of refrigerated/ frozen products shall be made in clean mechanically refrigerated trucks with the refrigeration equipment operating and the interior of the refrigeration unit not to exceed recommended temperature.

Delivery Delays:

If delivery delays are foreseen the WLWV SD 3J must be notified within 24 hours of Vendor’s knowledge of such delay. Vendor shall keep the WLWV SD 3J 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, the District reserves the right to obtain the required products elsewhere. Vendor would be responsible for any differences in price for the replacement products.

Holidays/School Closures:

In the event of a school holiday or schools are closed for inclement weather, then deliveries will be made the next day that the schools are open, or deliveries will be coordinated between WLWV SD 3J and Vendor.

Product Recall:

If a product recall is instituted on an item that has been delivered, the Vendor will immediately notify the WLWV SD 3J within 24 hours. The Vendor will be responsible for all costs associated with replacement product, shipping charges, and/or product credit.

If at any time it is determined that the health and/or safety of the customers at the WLWV SD 3J are affected by the usage of this product, the Vendor and/or Vendor’s processor must and will assume full liability.

Food Safety Testing:

WLWV SD 3J reserves the right to submit a sample of any product to an independent laboratory for analysis as listed for each product. Testing of perishable products may include monitoring acceptable chemical levels and maximum bacteria levels on designated products. Random sample testing may be performed during the resultant contract as required by the WLWV SD 3J s. Such analysis is to be paid for by the district if the product meets the specifications. If the product fails to meet specification analysis, Vendor will be billed for the analysis by the laboratory and shall pay all such billings within thirty (30) days. Additionally, the Vendor shall immediately replace or refund the district for all remaining affected product within five (5) working days of notification. Vendor will be responsible for all shipping, disposal, return, and restocking fees. The district reserves the right to have non-compliant products shipped to and stored in commercial storage facilities at the Vendor’s expense if the five (5) working day deadline is not met.

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Failure of the product to meet specifications and acceptable chemical and bacterial levels may be considered a breach of Contract and addressed as stated in the Contract terms and conditions.

All noncompliant products at the time of analysis must be picked up and a refund issued to the District within 48 hours.

Food Security Preventive Measures:

Food Security Preventive Measures shall be employed by the selected Vendor to minimize the risk that food under their control is subject to tampering or criminal or terrorist actions.

It is understood that unless specifically approved by the WLWV SD 3J, all products furnished by Vendor shall be maintained in facilities owned and operated by the Vendor, during the term of any resultant Contract.

Food Safety:

The Vendor’s premises, equipment, supplies and warehouse facilities shall be maintained, throughout the life of the contract, in conditions satisfactory to WLWV SD 3J and in compliance with the State of Oregon Health and Sanitation Code. The Vendor shall adhere to the highest standards of cleanliness and sanitary practices, including the food distributor’s employee’s appearance and performance in the preparation, service, transportation, and storage of food and related items.

The Vendor’s facility shall be subject to inspection at all times. If in the opinion of the WLWV SD 3J sanitary conditions are unsatisfactory, this may be considered a breach of Contract and shall be addressed as stated in the Contract terms and conditions. Any losses incurred by the District as a result of such a termination shall be charged against the Vendor

Inspection:

Delivery of items that do not meet all requirements will be rejected. Rejected items shall be removed and replaced promptly by the Vendor at no cost to the WLWV SD 3J.

PRICING:

All pricing submittals shall be entered into the Price Bid Spreadsheet.

WLWV SD 3J is asking for a firm fixed price for all items based on the USDA AMS Federal Milk Order for the Pacific Northwest http://www.fmmaseattle.com/classcomponent.html. Please include domestic and non-domestic item pricing for all items if available.

The firm fixed price will be subject to a monthly escalator/de-escalator provision, based on the USDA AMS Federal Milk Order for the Pacific Northwest http://www.fmmaseattle.com/classcomponent.html.

Use the monthly price listing (provide copy monthly to the SPC) for the 1 month periods from August 2024 to June 2025.

Discount Payment Terms:

Proposer may indicate any discounts proposed for early payment.

Estimated Purchase Quantities:

The volume of service indicated is an estimate of anticipated one-year purchases and are offered solely for the purpose of bid submission and evaluation. The estimates provided are based on the

17 | Page http://www.fmmaseattle.com/classcomponent.html http://www.fmmaseattle.com/classcomponent.html previous year purchases unless it is a new item. Larger or smaller volume may be purchased, and there is no guarantee of purchases as a result of this solicitation.

Item Description Flavor Unit Size Est. Qty.

(ea)

1 Milk 1%

White 8 oz 200,000

2 Milk Non-fat Chocolate 8 oz 220,000

3 Milk Non-fat White 8 oz 20,000

PROPOSED ITEMS BELOW ARE VOLUNTARY ITEMS –

DISTRICT MAY OR MAY NOT PURCHASE THESE ITEMS. The price for any items below you choose to bid on are to be submitted in Attachment “K” where the above (1-3) are required in attachment “I”.

4 Soymilk Pacific or equivalent brand

Plain 8 oz 200

5 Buttermilk 1% n/a ½ gal TBD

Yogurt

Yoplait original or equivalent Strawberry 1.5M/A 3,300

7 Yogurt Yoplait original or equivalent

Vanilla 1.5M/A 3,000

8 Yogurt Yoplait original or equivalent

Peach 1.5M/A 2,400

9 Yogurt Yoplait original or equivalent

Raspberry 1.5M/A 2,400

10 Yogurt Yoplait original or equivalent

Strawberry/Banana 1.0 M/A 1,900

11 Yogurt Dannon Danimal or equivalent

Strawberry 1.0 M/A 1,400

12 Yogurt Yoplait original or equivalent

Vanilla 4lb pouch 1,200

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13 Yogurt Greek Plain Bulk TBD

14 Egg Hardboiled n/a 2ct 100

15 Egg Scrambled Egg mix, cook in bag n/a Bulk TBD

16 Egg Cooked Patty, Round, 3.5” n/a 1-1.25 M/A 1,200

17 Cheese Land O Lakes, or similar, stick, light

Mozzarella, String 1 M/A 8,100

18 Cheese Bongard, stick, or similar Marble, Jack 1 M/A 5,200

19 Cheese Sliced, Yellow American 5lb (160 slices) 110

20 Cheese Grated Parmesan TBD TBD

21 Cheese Cubed Cheddar TBD TBD

22 Cheese Crumbled Feta TBD TBD

Cream Cheese

IW pouch, light Plain .75 oz 3,600

Cottage Cheese

Lowfat n/a Bulk TBD

Sour Cream

Lowfat n/a Bulk TBD

List items you would like added to bid provided we can generate enough interest and volume.

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SECTION IV

Bid Submittal Procedures

Bid Deadline:

Sealed Bids will be accepted following the date listed in the “Bidder Responses Due/Public Opening of Bids” in the “Calendar of Events” at West Linn-Wilsonville School District 3J, Attn: Lindsey Flores, 2755 SW Borland Rd., Tualatin OR, 97062. All bids are to be clearly labeled on the outside of the envelope “West Linn-Wilsonville School District 3J Invitation to Bid''. Each packet shall contain one hard copy and one electronic copy of all proposals (on a USB Flash Drive). Delivery is the sole responsibility of the Bidder. The Bidder accepts all risks of late delivery of mailed bids or of miss-delivery regardless of fault. All bids received after the date and time indicated above will be returned unopened. No more than one bid may be submitted by each proposing firm.

Restrictions on WLWV SD 3J Contact:

From the issue date of this ITB until the award of the agreement, all contact with WLWV SD 3J concerning the ITB must go through the SPC: Lindsey Flores, FloresL@wlwv.k12.or.us or (503)

673-7978.

Right to Reject Proposals:

WLWV SD 3J reserves the right to retain all bids submitted and to use any ideas in a bid…