ESBD_401954_1741817730115_2025-04 Solicitation.pdf

March 11, 2025

The Region 10 Education Service Center Child Nutrition Program-Multi-Region Purchasing Cooperative (R10MRPC) is accepting proposals for: RFP #2025-01: Milk-Full Service Delivery

RFP for School Year: 2025-2026

Contract Term: July 1, 2025 – June 30, 2026

E-Bid Software: Bonfire

Register for Bonfire Account: Click Here to Register for Bonfire

Required Documents: In Bonfire - "Files" section; all downloadable

Pre-Bid Bidder’s Conference: Thursday, March 13, 2025: Pre-Recorded Video Available in Bonfire Public Notices

Bid Opens in Bonfire: Thursday, March 13, 2025 at 6:00 a.m. CST

Legal Notice: R10MRPC advertises in the Electronic Business State Daily (EBSD) online site for 14 consecutive calendar days beginning on the bid open date as noted above.

EBSD Reference Number:

Q&A Form: In Bonfire - "Vendor Discussion" section

Deadline to Submit Questions: Wednesday, April 10, 2025, by 4:30 p.m.

Bid Closes in Bonfire: Thursday, April 11, 2025, at 3:00 p.m. CST

Public Bid Opening: Thursday, April 11, 2025, at 3:30 p.m. CST via live Zoom meeting; Meeting link to be shared in Bonfire Public Notices

Evaluate By Date: April 30, 2025 by 3:00 p.m.

All proposals received by the deadline will be downloaded from the Bonfire program shortly after the noted bid closing time. Any incomplete proposals shall be deemed “non-responsive,” and therefore “disqualified” and retained as a public record, which will be subject to the Texas Public Information Act. Proposers assume all risks of missed deadlines or bid closing times. This RFP is a 100% electronic bid submission.

The awarding of this proposal is based on the recommendation given to the Region 10 Education Service Center (R10ESC) Executive Director, as prepared by the R10MRPC Program Coordinator. The Executive Director of R10ESC reserves the right to accept, reject any and/or all proposals, waive minor technicalities, award contracts for individual items as they may appear advantageous to the R10MRPC and its purchasing cooperative members, or to award the proposal to the most responsible Proposer which best serves the interest of the R10MRPC and its cooperative members.

Sincerely, Keri Warnick Region 10 ESC/Program Coordinator for Multi-Region Purchasing Cooperative 400 E. Spring Valley Rd.

Richardson, TX 75081 https://region10.bonfirehub.com/portal/?tab=openOpportunities

USFA SIS (rev. 2024/10) Solicitation Information Sheet

Region 10 Education Service Center Multi-Region Purchasing Cooperative

RFP #2025-01: Milk - Full Service Delivery

Solicitation Information Sheet

Releaser and Bid Details:

Name of Purchaser: Multi-Region Purchasing Cooperative and its’

Cooperative Members Main Office/Street Address of Purchaser: 400 E. Spring Valley Rd.

City, State Zip of Purchaser: Richardson, TX 75081

Number of Member Districts to Receive Service (Please see Scope of Services)

244 member districts

Primary Contact Name: Keri Warnick; Program Coordinator

Primary Contact Email: Keri.warnick@region10.org

Primary Contact Phone: 972.348.1448

Secondary Contact Name: Diane Fields

Secondary Contact Email: Diane.fields@region10.org

Secondary Contact Phone: 972.348.1278

Procurement Method: Request For Proposal (RFP)

Types of goods and/or services requested: Foodservice products to include food, non-food, and processed USDA commodity foods

Term of Contract/Effective Date Range July 1, 2025 – June 30, 2026

Number of Renewal options: 4 single consecutive years

Invoice Terms Please see Standard Terms and Conditions

Bid Timeline:

Pre-Bid Bidders Conference: A pre-recorded video will be shared in Bonfire “Public Notices” section Link to Pre-Bid Video:

Bid Opens (date & time): March 13, 2025, 6:00 am CST in Bonfire

Legal Notices/Published Ad: Published Ad for 14 consecutive days in the Texas Comptroller’s SmartBuy “Electronic Business State Daily” online publication. Ad will run March 14th – 28th.

EBSD Reference Number:

Bid Questions Due: April 10, 2025 by 4:30 pm CST

Bid Closes (date & time): April 11, 2025; 3:00 pm CST in Bonfire

Public Bid Opening: No public opening. MRPC will hold a live zoom meeting.

Please refer to the Public Notices in Bonfire

USFA SIS (rev. 2024/10) Solicitation Information Sheet

Evaluate By Date: April 30, 2025, by 3:00 pm CST.

Bid Submission Instructions:

How to get the Solicitation Packet:

Register for a free Bonfire Account, see link below, or email Keri Warnick or Diane Fields for assistance.

Register for Bonfire Account: Click Here to Register for Bonfire

How to submit a bid response: 100% electronic bid. Faxed, emailed, or mailed copies will not be accepted. All documents and pricing must be uploaded and entered into Bonfire.

Pricing/Bid Table Instructions: Bid table must be downloaded from Bonfire, completed, and uploaded into Bonfire.

Limited Entry/Number of alternate bid items allowed:

MRPC allows 1 alternate option for each specified item.

Q&A Instructions: All questions must be entered into Bonfire in the Vendor Discussion area. All questions will be answered in Bonfire. Any vendor who has logged in to view the bid will receive an email version of the question and answer automatically.

https://region10.bonfirehub.com/portal/?tab=openOpportunities

Special Terms and Conditions

Region 10 Education Service Center Multi-Region Purchasing Cooperative

RFP #2025-01: Milk-Full Service Delivery

Special Terms and Conditions – Milk/Dairy Products

1. Notice to Responders.

The following special terms are specific to the type of solicitation to which the Vendor is responding. The terms below apply to and become a part of the terms and conditions of proposals unless superseded by any attached terms and supplemental conditions or specifications in which case attached conditions will prevail. Any exceptions must be in writing.

2. Pricing.

This RFP is setup as an “escalator and de-escalator” bid with pricing based on Raw Milk Class I and Base Skim Milk Class I pricing. The original quoted price and subsequent price changes will remain fixed for at least (30) days.

a. Requests for price increases/decreases must be submitted in writing to R10MRPC for approval.

b. The request shall be submitted by the 10th day of the month preceding the month in which the change will occur.

c. A copy of the Federal Milk order shall be attached to the request, as well as a written calculation showing how the price was determined.

d. Price changes will only be considered when the cost of raw milk per hundred-weight (cwt.) has changed by at least $0.10, increase or decrease.

e. Awarded vendor may increase their price per half pint of milk by $0.00054 and must decrease their price per half pint of milk by $0.00054 for every $0.10 raw milk price change.

f. If during the contract period there should be a decrease in prices of the items bid, a corresponding decrease in prices on the balance of the deliveries shall be made for as long as the lower prices are in effect, but at no time shall the prices charged the members exceed the prices bid.

g. R10MRPC shall be given the benefit of any lower prices which may, for comparable quality and delivery be given by the contractor to any other school district in the vicinity area, county, municipal or local governmental agency for products listed herein. Failure to do so may result in non-renewal or termination of the agreement.

3. Delivery Areas.

R10MRPC requests delivery area groupings for the scope of services from each potential vendor prior to the release of the bid. R10MRPC does its’ best to overlap groups to create “delivery areas” based on the information provided by all potential bidders. R10MRPC strives to create appropriately sized delivery areas that will attract the best pricing, create fair and open competition, and allow for ease of delivery routing by all potential bidders. The awarded vendor(s) are required to deliver to each participating member in the delivery area at a minimum of once a week and during stated delivery times as outlined in the “Standard Terms and Conditions.” Some members may require more than once a week delivery and will be arranged between awarded vendor and member.

4. Trans Fat.

The Vendor must provide Nutrition information for all food items. Nutrition label or manufacturer’s specifications must state zero grams of trans-fat per serving (less than 0.5 grams per serving); this excludes naturally occurring trans-fat.

5. CN Labels, Signed Product Analysis, Nutrition Fact Sheets.

The Vendor is required to make all awarded product labels easily available through their own website or through another available software or provide a CN Label or Signed Product Analysis, nutrition label/facts, and an ingredient statement for each item bid within the required 5-year range from the current date. The documentation must identify the contribution of the food product toward meeting the meal pattern requirements and/or the nutritional values required for the competitive foods’ standards for each item bid.

6. USDA and State Regulations.

Products forecasted and planned for School Nutrition Programs must meet all USDA and State regulations.

a. All products submitted in this Proposal must comply with the meal pattern requirements for the active school year and must continue to comply over the life of the potential award of this contract. As products are reformulated and specifications are revised to be consistent with the nutrition goals and the phase-in requirements of the meal pattern, adjustments for substitutions, alternates, or compatible items could be required or product substitutions to awarded items may occur.

b. Healthy, Hunger-Free Kids Act of 2010. (the Act), Public Law 111-296, enacted by the President on December 13, 2010. The first Final Rule regarding the Nutrition Standards in the National School Lunch and School Breakfast Programs was issued on January 26, 2012, in 7 CFR Parts 210 and 220. USDA continues to update the meal patterns and nutrition standards for the School Meal Programs to align with current Dietary Guidelines for Americans. To view the details regarding future plans and transitional periods in its entirety and/or read the technical assistance and guidance materials issued by USDA, view the following link:

https://www.fns.usda.gov/news-item/usda-0037.22.

c. Milk. Effective July 1, 2022: Schools and childcare providers serving participants ages six and older may offer flavored low-fat (1%) milk in addition to nonfat flavored milk and nonfat or low-fat unflavored milk;

d. Whole Grain Rich. all specifications containing creditable grain, unless otherwise noted, will mean a whole grain rich (WGR). To be considered whole grain rich (WGR), a product must contain 51% or more whole grains by weight or have a whole grain listed as the first ingredient on the ingredient label, or as allowed in FNS guidance. The information provided herein is for reference only and not intended to replace Proposer’s own diligence to ensure most current guidance is used in Proposal response. Determining and Crediting Whole Grains under the Final Rule “Nutrition Standards in the National School Lunch and School Breakfast Programs”:

1) Whole grain content of food products is required on a product label by the Food and Drug Administration (FDA), schools may also evaluate a grain https://www.fns.usda.gov/news-item/usda-0037.22 product using the two-element criterion developed by the Institute of Medicine and set forth in the final rule:

2) Element #1: A serving of the food item must meet portion size requirements for the Grains component as defined in FNS guidance; AND

3) Element #2: The whole grains per serving (based on minimum serving sizes specified for grains in FNS guidance) must be ≥ 8 grams. This may be determined from information provided on the product packaging or by the manufacturer, if available. In addition, manufacturers currently may apply for a Child Nutrition Label for qualifying products to indicate the number of grain servings that are whole grain rich. The food must meet at least one of the following:

4) The product includes the following Food and Drug Administration (FDA)-approved whole grain health claim on its packaging. “Diets rich in whole grain foods and other plant foods and low in total fat, saturated fat and cholesterol may reduce the risk of heart disease and some cancers.”

5) Product ingredient listing lists whole grain first, specifically:

6) Non-mixed dishes (e.g., breads, cereals): Whole grains must be the primary ingredient by weight (a whole grain is the first ingredient in the list)

7) Mixed dishes (e.g., pizza, corn dogs): Whole grains must be the primary grain ingredient by weight (a whole grain is the first grain ingredient in the list)

8) Effective July 1, 2022: At least 80% of the grains served in school lunch and breakfast each week must be whole grain rich.

e. Meat/Meat Alternate (M/MA).

Meats and meat alternates (M/MA) include meat, poultry, fish, cheese, yogurt, soy yogurt, dry beans and peas, whole eggs, tofu, tempeh, peanut butter or other nut or seed butters, and nuts and seeds. The Purchaser must serve meals that contain the amount of M/MA in the lunch and supper Meal Pattern requirements.

1) All beef products specified are to be considered free of chemical processes and additives

a) Lean Finely Textured Beef (LFTB): Proposer shall specify any beef products submitted for bid consideration which contain or may contain LFTB. Products containing LFTB will not be disallowed from consideration of bid award but must be identified for reference. Products containing LFTB shall be identified separately and submitted with Vendor’s response.

2) Vegetable Protein Product (VPP), used in any form, in the process of an item submitted for bid consideration, must conform to the USDA-FNS requirements for use in meeting a portion of the meat/meat alternate requirement of the Child Nutrition Programs. Any product that contains VPP, in any form, must be labeled with the required USDA labeling statement.

a) If product contains VPP, in any form, Proposer must supply the following information with the bid:

1. Type and source of VPP

2. Percent protein content of VPP

3. Weight (not volume) of liquid used to hydrate the VPP

f. Sodium.

Per USDA, school meals offered to each age/grade group must meet, on average over the school week, the sodium limits specified within the established deadlines.

This aligns with the U.S. Food and Drug Administration’s recently released guidance that establishes sodium reduction targets for processed, packaged, and prepared foods in the U.S. To review current sodium requirements, visit https://www.fns.usda.gov/school-meals/nutrition-standards/sodium-limits.

g. Added Sugars.

Starting in the 2025-2026 school year (July 1, 2025), limits on added sugars will be implemented for:

1. Breakfast cereals: No more than 6 grams of added sugars per dry ounce.

2. Yogurt: No more than 12 grams of added sugars per 6 ounces (2 grams per ounce).

3. Flavored milk: No more than 10 grams of added sugars per 8 fluid ounces.

h. Smart Snacks in School.

In addition, proposers are required to identify each product that meets the USDA Nutrition Standards for All Foods Sold in Schools (aka Smart Snacks in School nutrition standards) specifically as it relates to a la carte cafeteria sales. Please visit the USDA site for details: https://www.fns.usda.gov/tn/guide-smart-snacks-school.

General Criteria (must be one of these 4):

1. Whole grain rich (51% or more whole grains by weight or first ingredient is whole grain; or

2. Have as the first ingredient fruit, vegetable, dairy or protein (meat, beans, nuts, eggs etc.); or

3. A combination food with at least ¼ cup fruit and/or vegetable; or

AND meets the following additional nutrient standards:

Nutrient Snack Entrée

Calories 200 calories or less 350 calories or less

Sodium 200 mg or less 480 mg or less

Total Fat 35% of calories or less 35% of calories or less

Saturated Fat Less than 10% of calories Less than 10% of calories

Trans Fat 0g 0g

Total Sugars 35% by weight or less 35% by weight or less

7. Buy American Provision.

The Purchaser 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 practicable, to buy domestic commodities or products for Program meals. A domestic https://www.fns.usda.gov/school-meals/nutrition-standards/sodium-limits.

https://www.fns.usda.gov/tn/guide-smart-snacks-school commodity or product is defined as one that is either produced in the U.S. or is processed in the U.S. using agricultural commodities that are produced in the U.S. as provided in 7 CFR 210.21(d).

The Purchaser requires that all suppliers indicate in their proposal whether a bid product is domestic or non-domestic. Vendor is required to certify that each food product meeting the Buy American Provision is 51% of the final processed product (by weight or volume) that consists of agricultural commodities grown in the U.S. Any vendor not providing the required and requested information will be designated as “non-responsive.”

Awarded vendors must provide all requested certifications and include information in their ordering systems if any product does not meet the Buy American Provision. Vendors found to be out of compliance repetitively with adhering to the terms of the awarded contract to provide the Purchaser with foods that meet the Buy American Provision will be terminated and the award will go to the next responsible and eligible bidder.

The Purchaser requires each vendor to submit documentation to include but not limited to vendor certification letters, pricing comparison for products also offered as domestic, and questions regarding country of origin or other information pertaining to justifications.

Vendors are required to contact the Purchaser within 72-hours prior to delivery if a product is to be subbed with a non-compliant/non-domestic product. This allows the Purchaser to reject the product or accept it after reviewing a justification for exception.

Unprocessed foods must be 100% domestic. See 7 CFR § 210.21(d), and USDA-FNS memo “SP 38-2017,” and “SP 23-2024” regarding the Final Rule established in July 2024.The Buy American provision applies to all purchases made with School Nutrition Program (SNP) funds. Purchases made in accordance with the Buy American Provision must still follow the applicable procurement rules calling for full and open competition.

USDA codified in regulations the two limited exceptions when non-domestic foods may be purchased by school food authorities. USDA also added to the first exception the option to use the 48 CFR 25.104 Nonavailable articles list as a list of excepted items.

The final rule codifies the two limited exceptions as follows:

1. The product is listed on the Federal Acquisitions Regulations Non-available articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or

2. Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-E/section-210.21 https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.fns.usda.gov/cn/buy-american-provisions https://www.ecfr.gov/current/title-48/chapter-1/part-25/subpart-25.1/section-25.104

5. Buy American Provision.

The Purchaser 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 practicable, 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. using agricultural commodities that are produced in the U.S. as provided in 7 CFR 210.21(d).

The Purchaser requires that all suppliers indicate in their proposal whether a bid product is domestic or non-domestic. Vendor is required to certify that each food product meeting the Buy American Provision is 51% of the final processed product (by weight or volume) that consists of agricultural commodities grown in the U.S. Any vendor not providing the required and requested information will be designated as “non-responsive.”

Awarded vendors must provide all requested certifications and include information in their ordering systems if any product does not meet the Buy American Provision. Vendors found to be out of compliance repetitively with adhering to the terms of the awarded contract to provide the Purchaser with foods that meet the Buy American Provision will be terminated and the award will go to the next responsible and eligible bidder.

The Purchaser requires each vendor to submit documentation to include but not limited to vendor certification letters, pricing comparison for products also offered as domestic, and questions regarding country of origin or other information pertaining to justifications.

Vendors are required to contact the Purchaser within 72-hours prior to delivery if a product is to be subbed with a non-compliant/non-domestic product. This allows the Purchaser to reject the product or accept it after reviewing a justification for exception.

Unprocessed foods must be 100% domestic. See 7 CFR § 210.21(d), and USDA-FNS memo “SP 38-2017,” and “SP 23-2024” regarding the Final Rule established in July 2024.The Buy American provision applies to all purchases made with School Nutrition Program (SNP) funds. Purchases made in accordance with the Buy American Provision must still follow the applicable procurement rules calling for full and open competition.

USDA codified in regulations the two limited exceptions when non-domestic foods may be purchased by school food authorities. USDA also added to the first exception the option to use the 48 CFR 25.104 Nonavailable articles list as a list of excepted items.

The final rule codifies the two limited exceptions as follows:

1. The product is listed on the Federal Acquisitions Regulations Non-available articles list found at 48 CFR 25.104 and/or is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; or

2. Competitive bids reveal the costs of a U.S. product are significantly higher than the non-domestic product.

https://www.ecfr.gov/current/title-7/subtitle-B/chapter-II/subchapter-A/part-210/subpart-E/section-210.21 https://www.fns.usda.gov/nslp/compliance-enforcement-buy-american https://www.fns.usda.gov/cn/buy-american-provisions

USFA SPTC (rev. 2024/10) Standard Terms & Conditions

Region 10 Education Service Center Multi-Region Purchasing Cooperative

RFP #2025-01: Milk-Full Service Delivery

Standard Terms and Conditions

Table of Contents

1. Purpose

2. Procurement Method

3. Estimated Quantities

4. Commitment to Purchase

5. Award of Contract

6. Term of Contract and Renewal Options

7. Rights Reserved By The Purchaser And Restrictions On RFP Process

8. Financial Responsibility

9. Agreement Terms

10. Addendum

11. Clarifications

12. Assignment Delegation

13. Prohibition Against Contact

14. Disqualification

15. Deviations And Exceptions

16. Specifications

17. Equivalent Clause

18. Samples

19. Responsive Proposal

20. Responsible Vendor

21. Accuracy of Data

22. Penalties

23. Right To Audit

24. Open Records/Public Information

25. Confidentiality

26. Inspection And Acceptance On Direct Deliveries

27. Title And Risk Of Loss

28. Deliveries

29. Hours Of Delivery

30. Shipments/Deliveries

31. Minimums

32. Lead Time

33. Shortages

34. Formation Of A Contract (Declaration Of Compliance)

35. Non-Exclusive Contract

36. Firm/Fixed Pricing

37. Credits/Discounts/Rebates

38. Special Tools And Test Equipment

39. Price Changes/Adjustments

40. Product Substitution

41. Material Change

42. Customer Support

43. Compliance With Laws

44. Safety

45. HACCP Requirements

46. Recycled Material

47. Force Majeure

48. Governing Law And Venue

49. Property

50. Indemnification

51. Subcontractors

52. Insurance

53. Financial Health And Stability

54. Invoices

55. Tax-Exempt

56. Tax Responsibilities Of Vendor And Indemnification For Taxes

57. Payments Terms

58. IRS Form W-9

59. No Agency Or Endorsements

60. Non-Appropriation Clause

61. Termination Of Contract

62. Breach Of Contract

63. Nonperformance/In The Event Of Default

64. Severability

65. Representation

66. Waiver

67. Packaging/Condition

68. Warranty

69. Warranty Maintenance Agreement

70. Limitation Of Warranty

71. Manufacturer’s Guarantee

72. Criminal History Record Information

73. Protest Procedures

74. Copyright

75. Withdrawal Of Proposal

76. No Response

77. Opening of Proposals

78. Tie Proposal

79. Geographic Preference

80. Evaluation Of Proposals

81. Additional Goods

82. Competitive Range

83. Sole Source

84. Contracts Involving Federal Funds

85. Register For Government Contracting

86. Errors And Omissions

87. Regulatory Requirements

88. Annual Reporting Requirement

89. Product Recall Procedures

90. Entire Agreement

91. Questions

Region 10 Education Service Center Multi-Region Purchasing Cooperative

RFP #2025-01: Milk - Full Service Delivery

Standard Terms and Conditions

The words “bids,” “request for proposals,” “quotes,” “RFPs,” solicitation,” procurement,” and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, requests for proposals, quotes, competitive sealed quotes, and other procurement solicitations to which they are attached. The term “Vendor” means each awarded vendor chosen by _______________________ hereinafter the “Purchaser.”

These Standard Terms and Conditions are part of the final contract for each product and/or service contract and are part of the terms and conditions of each purchase order or other bid/proposal forms issued in connection with this solicitation.

Contracts awarded pursuant to this RFP comply with the Code of Federal Regulations (CFR), 2 C.F.R. Subpart D, § 200.317-327, the United States Department of Agriculture (USDA) and the Purchaser’s state rules and regulations per the school nutrition programs.

It is the intent of the Purchaser to comply with the most restrictive rules and regulations as required by the State Agency and the School Nutrition Programs (SNP’s).

This Agreement is entered into and between the Purchaser and the Vendor having submitted a proposal in response to a procurement solicitation issued by the Purchaser and whose proposal has been accepted and awarded by the Purchaser. In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Purchaser and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows:

1. Purpose.

The intent of this procurement solicitation is to establish a list of responsive and responsible Vendors that qualify as “eligible for award,” known as a company or firm whose purpose is to provide products that meet the needs of the Purchaser. The Purchaser is required to present a list of specified items and/or services, conduct a cost analysis, and include a scope of bid to provide a clear understanding of required goods, services and delivery requirements. The Purchaser is responsible for the selection of goods and/or services available to meet their individual needs. All products and services submitted for consideration, unless otherwise noted, must be appropriate for K12 child nutrition food services and/or commercial kitchens.

2. Procurement Method.

The Purchaser is utilizing a formal procurement method in accordance with the United States Department of Agriculture (USDA) Code of Federal Regulations (CFR) for purchases exceeding the USDA, State or Local threshold for Simplified Acquisitions. Please see the Solicitation Information Sheet for type of formal procurement that applies to this solicitation.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR8feb98c2e3e5ad2/section-200.315

3. Estimated Quantities.

The Purchaser determines estimated quantities for each product and/or service solicited.

The good(s) and/or service(s) to be purchased are common to foodservice operations and pricing proposals along with other evaluation criteria as listed in this solicitation will be used to determine best value. The Purchaser makes no guarantee or commitment of any kind concerning quantities or services that will be purchased. The Purchaser makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation.

4. Commitment to Purchase.

The Purchaser relies on Federal Funding for the School Nutrition Programs or both Federal and State funding for child nutrition department purchases. Funding is not guaranteed;

therefore, the Purchaser cannot guarantee that any commitment to purchase will withstand if Funding is discontinued or lost.

5. Award of Contract.

Per applicable laws, rules, and regulations for public procurement, the Purchaser award(s) the most responsive and responsible Vendor(s) whose proposal(s) is/are determined after evaluation by the Purchaser, based on the highest total score received. To qualify for evaluation, proposers must submit all required documents and pricing no later than the submission deadline identified in this document. Proposals that are “copyrighted” are unacceptable.

6. Term of Contract and Renewal Options.

The Purchaser will evaluate the contract award prior to the expiration of the then-current term based on factors that may include the annual amount of business, performance and continued provision of best value to the Purchaser. All parties must mutually agree upon a renewal. A renewal agreement will be done in writing along with a new one “1” year contract extension, if all parties agree. Renewals must be consecutive 1-year terms, see Solicitation Information Sheet for number of allowed renewal options.

7. Rights Reserved By The Purchaser And Restrictions On RFP Process.

a. The Purchaser reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

b. Accept, reject, or negotiate modifications in any terms of the Vendor’s proposal or any parts thereof.

c. Conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing.

d. The Purchaser reserves the right to reject and/or disqualify all proposals, to award contracts for individual products and/or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of the Purchaser.

e. Waive any formalities, technicalities, or other defects if deemed in the best interest of the Purchaser; request clarification and/or correction of the Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities.

f. The Purchaser reserves the right to be the sole judge of quality and equality.

g. The Purchaser further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors or proposers. The decision to award multiple contracts, award only one contract, or to make no awards, rests solely with the Purchaser. The Purchaser may make multiple awards, and this fact should be taken into consideration by each proposer.

h. Make all decisions regarding this RFP, including, without limitation, the right to decide whether a proposal complies with the requirements of this RFP.

8. Financial Responsibility.

The Purchaser assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a proposal or any amendments or addenda, participating in pre-bid conferences, interviews, participating in any negotiation sessions or discussions, or any other costs incurred by proposers prior to award of a Contract/Agreement pursuant to this RFP.

9. Agreement Terms.

The terms of this Agreement shall govern all procurements conducted hereunder. No pre-established terms on the Vendor’s order acknowledgments, invoices, or other forms shall have any force or effect. Further, no amendment of this Agreement shall be permitted unless first approved in writing from the Purchaser, and no such amendments shall have any effect unless and until a written amendment to this Agreement is executed by the Purchaser.

10. Addendum.

Any interpretations, corrections, additions, or changes to this RFP will be communicated to proposers by the issuance of an addendum. It is the responsibility of the proposer, prior to submitting the proposal, to determine whether an addendum was issued. The Purchaser will indicate all Addendums by listing edits/updates/changes as “footnotes” in the solicitation and “versions” noted in the title of the solicitation document. All proposers shall comply with the requirements specified in any addendum issued by the Purchaser.

11. Clarifications.

The Purchaser may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change or modify its proposal in any way except to the extent of correction of the error. Discussion between the Purchaser and Vendor can also take place after the initial receipt of proposals. The Purchaser reserves the right to conduct discussions with all, some or none of the Vendors submitting proposals. The Purchaser will not assist the Vendor in the completion, revision, or modification of its proposal.

12. Assignment Delegation.

Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of the Purchaser. Any attempted assignment of this Agreement by Vendor shall be null and void. Any purchase or work order made because of this Agreement may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of the Purchaser. Vendor is required to notify the Purchaser when any material change in operations occurs, including but not limited to, changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within three (3) business days of such change.

13. Prohibition Against Contact.

Vendors shall restrict all contact with the Purchaser and direct all questions regarding this RFP to the Point of Contact specified in this solicitation. Do not contact members of the Board of Directors, the Purchaser’s staff members, or other related individuals to the Purchaser. Contact with any of these prohibited individuals after issuance of the RFP and before execution of a contract may result in disqualification of your Proposal.

14. Disqualification.

A Vendor may be disqualified before or after the proposals are opened, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.

15. Deviations And Exceptions.

Deviations or exceptions stipulated in a vendor’s response may result in disqualification.

Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in a disqualification of the Vendor’s proposal. Vendor must not alter any language in this Agreement.

16. Specifications.

Specifications are those developed by the Purchaser to represent items of regularly manufactured products or services.

a. The Purchaser’s specifications have been developed to show minimal standards as to the usage, materials, and contents based on their needs.

b. Manufacturer's specifications may be referenced, when used by the Purchaser, are to be considered informative to give the bidder information as to the type and kind requested. Proposals on any reputable manufacturers regularly produced product of such items similar and substantially equivalent will be considered.

c. If any conflict exists, the written specification will override any referenced brand.

d. Compliance with all specifications and conditions is required. All proposals must include a detailed statement of exceptions taken to any part of the request.

17. Equivalent Clause.

Whenever an article or material is defined in this solicitation by describing a proprietary product, or by using the name of a manufacturer, brand name or vendor, the term “or equal,” if not inserted, shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency, and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design, and efficiency (as applicable).

18. Samples.

Samples may be requested and are to be delivered by the bidder to the Purchaser or other location designated by the Purchaser for examination of such samples.

a. Notification of sample delivery must be sent to the contact listed in this RFP via email and provide estimated delivery date, delivery tracking information, if applicable, actual delivery date, and who signed to accept delivery.

b. Samples needed for a proposal to be evaluated properly must be delivered within ten (10) working days from the time the vendor is notified.

c. Each sample must be clearly marked to show the bidder’s name, address, proposal title and proposal item number for which the sample is being proposed.

d. Sample items from the successful bidder may be retained for the purpose of determining that the quality and workmanship of the delivered items are comparable to the sample.

19. Responsive Proposal.

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this procurement solicitation.

20. Responsible Vendor.

The Purchaser defines a “responsible vendor” as one with adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the products and/or services herein with an adequate number of trained personnel to ensure quality and performance and completion of contract within the specified time. Vendors having a history of inconsistent service and unreliability will not be considered by the Purchaser to be a responsible bidder.

21. Accuracy of Data.

Vendor is responsible for ensuring all pricing, data and documents submitted are accurate, free of missing information and errors, and complete. Errors and inaccurate data entry may disqualify the proposal submission.

22. Penalties.

If Vendor is unable to provide the goods or services at the prices quoted in Vendor’s proposal or if Vendor fails to fulfill or abide by the terms and conditions of the Agreement, the Purchaser may take the following action(s):

a. Insist that Vendor honor the quoted price(s) specified in the Vendor’s proposal.

b. Have the Vendor pay the difference between the Vendor’s price and the price of the next acceptable proposal, as determined by the Purchaser.

c. Have Vendor pay the difference between Vendor’s price and the actual purchase price of the good or service on the open market; and/or

d. Recommend that Vendor no longer be given the opportunity to submit a proposal to the Purchaser and/or that this Agreement be terminated.

23. Right To Audit.

The Purchaser shall upon adequate written notice, have the right to audit and examine all of Vendor’s records and accounts relating to the products and services delivered under this Agreement as outlined below. Records to be audited shall occur during normal business hours and shall include, but are not limited to, all Purchase Orders resulting from this Agreement and records which may have a bearing on matters in connection with Vendor’s work for the Purchaser and shall be open to inspection and subject to audit/review and/or reproduction by the Purchaser at the cost of the requestor or their authorized representative(s) to the extent necessary to adequately permit evaluation and verification of:

a. Vendors compliance with this Agreement and the requirements of the solicitation.

b. Compliance with procurement laws, policies, and procedures, including without limitation, reviewing/comparing pricing on invoices for the Purchaser.

c. Compliance with provisions for computing billings to the Purchaser, and/or

d. Any other matters related to this Agreement.

24. Open Records/Public Information.

The Purchaser is considered a governmental entity subject to the state’s Public Information Act. The Purchaser considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the state’s Public Information Act, after a contract/agreement is awarded or the procurement terminated. Proposers are hereby notified that the Purchaser strictly adheres to all statutes, court decisions, and opinions of the state’s Attorney General or authorized representative with respect to disclosure of information. Any information deemed to be confidential by Proposer should be clearly noted on the page(s) where confidential information is contained, page-by-page and line-by-line the parts of the response which it believes are exempt; however, the Purchaser cannot guarantee that it will not be compelled to disclose all or part of any public record under the Public Information Act, since information deemed to be confidential by Proposer may not be considered confidential under state law, or pursuant to a Court order. Vague or general claims of confidentiality will not be accepted.

The Purchaser assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by proposers. Vendor waives any claim against and releases from liability the Purchaser, its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in the Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by the Purchaser, the Attorney General, or a court of law to be subject to disclosure under the Public Information Act.

25. Confidentiality.

Vendor and the Purchaser agree to secure the confidentiality of all information and records in accordance with the applicable federal and state laws, rules, and regulations. Vendor and the Purchaser understand that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable.

26. Inspection And Acceptance On Direct Deliveries.

Awarded Vendor(s) shall deliver the goods or services procured in this contract/agreement to the Purchaser’s location(s) as noted in the scope of bid. If delivery cannot be made within the proper time, the awarded vendor must receive authorization from the Purchaser for the delayed delivery. The Purchaser shall have the right to inspect the goods at delivery before accepting them. If defective, incorrect, or items not meeting specification are delivered, the Purchaser may make the determination, in its sole discretion, to return the good(s) to the vendor at no cost to the Purchaser. The vendor shall be responsible for arranging the return of defective or incorrect good(s). The vendor agrees to pay all shipping and handling costs for any such return shipment. If goods are not picked up within one (1) week after notification, the good(s) will become a donation to the Purchaser for disposition.

27. Title And Risk Of Loss.

Whenever the Purchaser is purchasing (and not leasing) an item under this Agreement, title and risk of loss shall pass upon the latter of the Purchaser’s acceptance of the item or payment of the applicable invoice.

28. Deliveries.

All deliveries under this Agreement shall be freight prepaid, Free on Board (FOB) destination, Full Freight Allowed, Inside Delivery unless otherwise notified, and shall be included in all pricing in Vendors proposal. The Purchaser assumes no liability for goods delivered in damaged or unacceptable condition. The successful bidder will manage all claims with carriers, and in case of damaged goods, will ship replacement goods immediately upon notification by the Purchaser. Proposal prices will include all freight and delivery charges.

29. Hours Of Delivery.

Deliveries will only be accepted between the hours noted on the “Solicitation Information Sheet,” unless otherwise specified. Vendors are required to leave deliveries inside the receiving area unless otherwise arranged by the Purchaser. Deliveries for special events or samples during evaluations shall be made as noted in the “Solicitation Information Sheet,” at the designated Purchaser’s address unless prior approval for after-hours delivery has been obtained from the Purchaser. The Purchaser may accept after-hours deliveries or key drops as arranged and approved by both parties.

30. Shipments/Deliveries.

Vendor shall ship/deliver ordered products within seven (7) working days for available goods and within four (4) to six (6) weeks for special-order items after the receipt of the purchase order unless otherwise previously agreed to, in writing, by the Purchaser. If a product cannot be shipped/delivered within the stated timeframe, Vendor shall notify the Purchaser of the reasons why the product has not shipped and shall provide an estimated shipping/delivery date, if applicable. The Purchaser may cancel the order if the estimated shipping/delivery time is not acceptable to the Purchaser in its sole discretion. Consistent failure of a Vendor to meet delivery promises without a valid reason is cause for termination of contract.

Vendor may be requested to “hot shot” deliver products if failure to deliver ordered products is fault of vendor. “Hot shot” deliveries must be managed within a 24-hour period of the original delivery time.

31. Minimums.

If minimum purchase quantities per order and/or per line item are required, proposer must note these amounts for the line item(s) at the time of submission.

32. Lead Time.

Time of delivery is part of the proposal consideration, must be stated in definite terms, and must be adhered to completely. Proposals must show the number of calendar days required to place the materials in the possession of the Purchaser. Do not quote shipping dates. Failure to specify the lead-time may result in disqualification from consideration.

Unrealistic short or long delivery promises may cause the bid to be disregarded.

33. Shortages.

Vendor and/or sales agents acting on the Vendors behalf shall give 72-hour prior notice to the ordering entity of any anticipated shortages, back orders, and/or out-of-stock items prior to delivery. The Vendor must keep the ordering entity always informed on the status of the order. Default in promised delivery, without acceptable reason, authorizes the Purchaser to purchase goods elsewhere, and charge any increase in cost and handling to the defaulting Vendor. The Purchaser accepts no substitutions without prior written approval.

a. Vendors must notify the Purchaser of any known shortages, back orders, out-of-stock items, etc., that could affect multiple ordering entities for any extended period.

b. If Vendor fails to notify the Purchaser of a shortage, Vendor must deliver an approved comparable product on the same day of scheduled delivery or the next day to prevent the Purchaser any hardship or an inability to meet meal pattern guidelines.

c. Vendors may not substitute a food product that does not meet the Buy American Provision. If a non-domestic substitution is made without a 72-hour notice and approval to the Purchaser, vendor will be considered in breach of the awarded contract and may incur penalties as described in these Terms and Conditions.

34. Formation Of A Contract (Declaration Of Compliance).

A response to this solicitation is an offer to contract/agreement with the Purchaser based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/proposal does not become a contract/agreement unless and until it is accepted by the Purchaser after approval by the Purchaser’s Authorized Designee per local policy.

Upon notice of award, Vendor will be sent a formal letter of “award” along with a “contract agreement form” that must be signed and returned and will include a copy of all Terms and Conditions and other facets of this agreement.

35. Non-Exclusive Contract.

The Purchaser reserves the right to award multiple contracts/agreements for each category.

Categories are established at the sole discretion of the Purchaser. Nothing in this agreement may be construed to imply that Vendor has the exclusive right to provide products and/or services to the Purchaser. Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of the Purchaser. The Purchaser is free to have multiple contracts for the awarded goods and services and may initiate other procurement solicitations or purchasing activity with other vendors at any time, at the Purchaser’s sole discretion. During the term of this Agreement, the Purchaser reserves the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor.

Additionally, the Purchaser may have a need to purchase additional items within this category that are not listed on the bid. Vendor is to make these items available to the Purchaser through this Contract/Agreement at the same discounted pricing awarded by the Board of Directors. Bids may be awarded to primary and secondary vendors on an item-by-item basis or by categories. End users may go to the secondary vendors to compare items for best value.