GENERAL_CONDITIONS_&_INSTRUCTIONS.pdf

• GENERAL CONDITIONS & INSTRUCTIONS:

• SCOPE OF BID:

• This bid covers the furnishing of GROCERY ITEMS the Bridgeport Public Schools for the period of on or about July 1, 2026, to June 30,2027, in accordance with the specifications and provisions outlined herein. This proposal is based on estimated quantities to be used over the term of the contract. The program of which this bid is a part is funded partially or wholly by federal funds and is covered by the National School

Lunch Program (NSLP) and is subject to the rules, requirements and regulations of applicable federal legislation including but not limited to the Child Nutrition Act of 1966, the National School Lunch Act, and regulations

Title VII Parts 210, 215, 200, 225, 226, 227, 235, 240, 245 and 292, as may be applicable.

• The Bridgeport Board of Education (“BOE”) reserves SPECIFICATIONS TO BIDDERS- COMMODITY BID as the right to:

o Increase or diminish the quantity, or to omit any item or items as it deems necessary; and o Award the bid to a single bidder who meets the specifications for all items and offers the best combination of lowest cost, best availability, and ability to meet delivery requirements; and o Award the bid to more than one bidder where the lowest bidder is unable to perform; an award may be made to the next lowest bidder who meets the combination of lowest cost, best availability, and ability to meet delivery requirements.

• BUY AMERICAN:

• The Richard B. Russell National School Lunch Act provides in Section 12, the Buy American Provision, which requires operating school meals programs purchase “domestically produced” (grown) and processed foods, to the maximum extent practical. A “domestic commodity or product” is defined in the Federal

Regulations as:

• An agricultural commodity that is produced in the United States and

• A food product that is processed in the United States, substantially using agricultural commodities that are produced in the United States of America U.S. CFR 210.21.

• The language about “substantially” using United States agricultural commodities is referring to products that are processed in the United States, comprised of at least 51% domestic ingredients.

• Proof of USDA compliance must be provided by the vendor by submitting confirmation on company letterhead with its bid. Further information required for USDA procurement audit may be requested at a later date for auditors.

• All bid products must adhere to the Buy American Provision.

• ORDERING AND DELIVERY REQUIREMENTS:

• Orders will be placed against standing orders by the Director of the Bridgeport Board of Education Nutrition Center or his/her designee as required. In an emergency, the Nutrition Center reserves the right to cancel orders without penalty, up to twenty-four (24) hours before scheduled truck departure of long-haul delivery. Successful bidder shall maintain back up stock to be delivered within twenty-four (24) hours of notice. Deliveries will be received and payment made for same in situations wherein notifications to contractors were not made in time to "hold" or

"recall" deliveries. NOTE: Vendors Must accept orders from Bridgeport’s BOE Food & Nutrition ordering system TITAN School Solutions.

• School Deliveries

• See Nutrition Center Food Services Bids specifications, enclosed, for School Delivery locations and bid submission requirements.

Central Warehouse/Nutrition Center Deliveries

Deliveries must be scheduled Monday through Friday, to be ready for unloading no earlier than 8:00 A.M.

and not later than 2:00 P.M. at the TEC Nutrition Center, 113 Federal Street, Bridgeport. Deliveries may not be accepted unless an advance call is made for an appointment to the Shipping & Receiving Department of the Nutrition Center at (203) 275-1215 or (203)-275-1216. Deliveries will be on a first come first serve basis.

City employees will unload all items delivered to this location.

Applicable to all Other Deliveries:

1. Each delivery must be accompanied by a delivery slip listing quantities, unit cost and extended total amount due; and must be counted, received and signed by an authorized representative of the Bridgeport

Board of Education, Nutrition Center.

2. Damaged packages, i.e., torn, crushed or otherwise exposed to the elements or damaged in a manner so as to lose eye appeal will be refused. Contractor will be responsible for replacement of any items so refused at its sole cost.

3. All items are to be unloaded by the driver or their designee of the truck making the delivery at these locations.

4. All Items are to be shipped “Destination Freight Prepaid & Allowed”. No additional fees or Fuel

Surcharges of any kind will be accepted.

Reservation of Rights-Deliveries

The Board of Education reserves the right in its sole and absolute discretion to amend delivery schedules including locations and times on prior written notice from the Bridgeport Nutrition Center.

Applicable to all Delivery - Equipment:

1. All deliveries shall be made on standard 48 x 40-4-way pallets which will be exchanged on a one for one basis.

2. The Bridgeport Nutrition Center reserves the right to reject the use of any equipment by a carrier if it is not in clean, sanitary condition and suitable for hauling of all goods. The Bridgeport Nutrition

Center will notify the Bridgeport Board of Education of such action.

3. Each carrier shall furnish a certificate of insurance issued by an insurance company showing that the Board of Education will be protected from loss or damage to the Board of Education’s commodities, and injury or death of a third person or to carrier’s employees.

4. Carrier will assume full common liability for all shipments.

5. Carrier shall utilize only properly insulated mechanical or thermostatic temperature-controlled refrigeration equipment.

I. BILLING REQUIREMENTS:

The Contractor will bill the Nutrition Center, 113 Federal Street, Bridgeport, CT 06606, in duplicate for each delivery, itemizing each product and the commodity credit for each product.

II. INDEMNIFICATION:

Contractor, its agents and/or sub-contractors agree to defend, indemnify and hold-harmless the City of

Bridgeport, Bridgeport Board of Education, their departments, agents and employees from any and all claims liabilities and obligations and causes of action of whatsoever kind and nature and for injury to or death, including Contractor employees, of any person and for damages to or destruction of property, or loss of use, including property of the City, resulting in connection with worked services or activities under this

Agreement regardless or cause except that Contractor shall not be required to assume responsibility or indemnify City or Board of Education for such injuries, damages or claims deemed by law to be due to the sole negligence of the City of Bridgeport, Board of Education or their employees or agents.

III. AWARDING OF BIDS TO LOWEST RESPONSIVE, RESPONSIBLE BIDDER(S):

In selecting the prospective contractors for the required service the Bridgeport Board of Education reserves the right to make awards by item; to award to more than one Contractor; to reject any or all Bids, to reject any one or more items or part of the Bid and to cancel the Bid.

The considerations that will be looked at when determining if prospective bidders are “responsible”, in addition to “responsive”, before considering price, are as follows:

A. Bidder Registration: Bidders must be registered with the Secretary of State in which the service is to be performed.

B. The capability of the prospective contractor to adequately provide the services requested.

C. The quality, taste, palatability, attractiveness, acceptability by students and variety of fresh or frozen products (as determined by certain testing, including taste testing described below).

D. The background and experience of the Bidder in food processing, handling and delivery.

E. The production, packaging, storage and delivery facilities of the Bidder’s as being capable to meet services and products set forth herein.

F. Nutritional Information must be printed on all product labels.

G. If the supplier is in the process of printing this information on its products, a completion date must be provided to the Food Service Department.

H. NO Products may contain any nuts or nut oils in their processing and/or ingredients.

I. Please refer to SP 30-2012 Grain Requirements for National School Lunch Program if you have questions: The definition of whole grain-rich will be consistent with USDA policy guidance on new meal pattern requirements 7 CFR 210.10 (2) (iv). In order to be an “A” type of grain, whole wheat or whole grain must be the first ingredient on the ingredient panel. Enriched whole wheat flour does not count towards meeting the whole grain requirement, Nutritional Analysis. As well as ingredient panels and product formulation statements are required when submitting your bid.

J. Overall qualifications.

1. Reliability and dependability

2. Any past experiences and recommendations.

K. Delivery of orders.

L. Discounts.

M. Tracking and buying history

N. It is the bidder’s responsibility to prove their product submission meets the product specifications. Bidders must provide documentation at the time of bid submission demonstrating their product is equal.

O. You must indicate what Value Pass Through method you are bidding:

1. Direct Delivery (DD) from the manufacturer

2. Net Off Invoice (NOI), or

3. Fee for Service (FFS).

4. Bidders may submit multiple bids utilizing Value Pass Through support methods

P. All items on the bid need to follow the nutrition standards for school meals based on the Healthy

Hunger Free Kids Act of 2010.

Q. All commodities shall be delivered frozen except bread, and milk shall be delivered fresh.

R. All items need to have the unit price broken out.

S. BRAND

If/ when a brand is specified (i.e. Dole, Tyson, Clorox, etc.) that exact brand name must be identified as the bid item. If the brand name is not listed, the bid may be considered non-responsive. Should the federal government offer a discount

T. CODES:

from a single brand the Board of Education at its sole and absolute discretion reserves the right to buy directly from those vendors over awarded bidder(s) i National Brand Codes: Bids must match the code for the product (i.e..:

Tyson brand unbreaded teriyaki chicken tender code number) to be sure all vendors bid the same product.

ii Private Label Brand Codes: If a vendor bids a private label item (i.e.,:

Luigi’s tomato sauce) the code needs to specify the specification and all grades as seen above.

REQUIRED DOCUMENTATION THAT MUST BE SUBMITTED WITH

BID:

The following documentation must be submitted with each bid. Failure to submit any document requested in this section may result in the Bid being deemed non-responsive.

1. Submission of vendor statement, on company letterhead, that vendor is in compliance with

USDA rules, regulations and requirements.

2. Copy of vendor’s CT Secretary of State registration.

3. When/if applicable, evidence of guarantee for utilization of donated government commodities such as awarded commodity calculator.

4. A complete nutritional analysis. Note, Nutritional Information must be printed on all product labels.

5. Product formulation statements for meat and grain or CN Label as well as ingredient panel.

6. Copies of the last 2 State health inspections.

7. Three (3) references with a capability statement.

8. No Conflicts Form.

RESERVATION OF RIGHT TO ALLOW SUPPLMENTAL

SUBMISSION:

Notwithstanding anything herein to the contrary, the Board of Education expressly reserves the right, in its sole and absolute discretion, if it believes such action to be in the best interest of the Bridgeport Public School District, to allow apparent low bidder(s) prior to the bid award to supplement submitted bids with the above listed documents (except for items, 1, 3, 4 and 5 above) within seven (7) days of notification by the Board of Education of missing items.

IV. QUOTATIONS

1. Bidders shall quote unit prices and case prices and shall make extensions on all items.

2. Price quotations shall not be accepted on merchandise other than brand specified unless name of substitute brand is stated on quotation., In addition to other samples as may be requested as provided for herein, samples of substitutes may be requested to be submitted to the Nutrition Center to ensure that the substitute brand meets the exact specifications of the brand requested.

V. SUBMISSION OF BIDS (in addition to requirements set forth in Secs. II & VI)

The City of Bridgeport has made it possible for vendors to view our solicitations, download bid packages, register and ask questions, free of charge.

Instructions to do so are as follows:

1. Go to https://procurement.opengov.com/portal/bridgeportct

2. Click on any bid you see. It will take you to that bid’s page.

3. On the right-hand side of the page, click on Register now for free!

4. After you register, you'll be able to view/download or ask questions on any bid you have interest in.

Once you are registered and are viewing the bid you may submit it by clicking “draft response.”

5.

If you have any trouble registering, please contact OpenGov using the chat feature or send an email to procurement-support@opengov.com

Addenda Notification: Respondents are required to register on OpenGov. Once the respondent has completed registration, they will receive addenda notifications in their email. Ultimately, it is the sole responsibility of each respondent to periodically check the site for any addenda.

Submissions are encouraged to be made electronically through the OpenGov site at https://procurement.opengov.com/portal/bridgeportct

Submissions may also be made as follows:

ONE (1) ORIGINAL, ONE (1) COPY AND ONE (1) ELECTRONIC VIA THUMBDRIVE

MUST BE SUBMITTED.

Sealed submissions must be received and time-stamped by the Department of Public Purchases prior to BID closing time. No submission received after closing time will be considered. The opening will be in the City of Bridgeport Department of Public Purchases’ Conference Room. To ensure proper handling and avoid misdirected delivery, please mark your BID envelope as follows:

Send your submissions to:

Laura DeMoura

City of Bridgeport

Department of Public Purchases

2nd floor, 999 Broad Street

Bridgeport, CT 06604

Late Submissions: The City of Bridgeport/Board of Education will not assume responsibility if a submission is misdirected, or its delivery is delayed. The City will not accept late submissions.

It shall be the sole responsibility of the submitter to pay for any type of delivery service charge, and to see that the City of Bridgeport Department of Public Purchases receives his/her submission on time. The clock used shall be the Purchasing Agent’s official date and time stamp clock. The City does not assume financial responsibility for late deliveries by the U.S. Postal

System or any other delivery service.

Expenses: The City/BOE shall not be responsible for and/or shall not pay any costs associated with the preparation, submission, or presentation of any submission, or costs incurred by the responding firms during the interview and negotiations phase of the solicitation process

Information and Materials: Any information or materials submitted to this bid shall become the property of the City of Bridgeport/Board of Education and will not be returned. All submitted materials will be available for public review.

Dates: Please keep in mind submission dates are subject to change.

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VI. SAMPLES

1. The Food Service Director reserves the right to request samples on any or all items listed in the proposal. Please only send samples on request. Samples are requested for this proposal on item number and/or numbers - all as listed.

2. All samples shall be submitted in container sizes as specified, unless otherwise stated. They shall be marked with our bid item number and the Nutrition Center code if provided. They shall have the vendor item number and product information with heating instructions attached to each sample.

3. All samples shall be submitted at no cost to the Bridgeport Public Schools.

4 Samples must be received at the Nutrition Center within 72 hours of request in order for the product to be considered.

5. EVALUATION OF SAMPLES

a. Laboratory Technician double checks samples with specifications. Delivery slip is left in the box or carton until samples are prepared for testing.

b. After samples are doubled checked, they are stored immediately in appropriate temperatures.

c. When ready for testing, all brand names and company names are removed, each sample marked with code letter for the source company.

d. Each product submitted for sampling from all vendors for Item 1 on bid, are sampled together. Each different vendor is marked by a code and bid item number only. This procedure is followed through all the items on the bid, for each different bid. This testing is referred to as a "Blind Testing". The Laboratory

Technician and Operations Manager who receives the bids and sets up the testing do not vote.

e. Ballots are completed by those testing, for each item, individually, without consultation. Ballots are not identified by the tester.

f. Ballots are then collected and tabulated. For each bid, each company's items are kept together by code letter.

g. Food items are tested on the following categories: Seasoning, color, texture, taste, acceptable or unacceptable, does or does not meet specifications.

h. Vendor shall be responsible for the cost of laboratory testing.

VII. CONTRACT

1. All Food and Nutrition Center awards shall require Bridgeport Board of Education approval.

2. The terms of this solicitation shall be deemed incorporated by reference into any subsequent contract/purchase order between the parties.

3. The parties’ agreement includes, and incorporates by reference, all required federal terms, conditions and clauses as set forth in Appendix II, Part 200-Contract Provisions for Non-

Federal Entity Contracts Under Federal Awards, a copy of which is included with this solicitation.

4. This bid submission is for a contract from on or about February 1, 2025 –August 31, 2026in accordance with Bridgeport Board of Education specifications and instructions.

5. The Bridgeport Board of Education reserves the right to omit from purchase any item or items, as it deems necessary, and are not to be held liable to purchase any product in any amount during the contract term.

6. At the Bridgeport Board of Education’s sole and absolute discretion that such action is required, contracts may be extended for up to one additional year.

7. There shall be no brand substitutions after the award of the bid without prior approval from the Bridgeport Nutrition Center. Failure to follow such requirement shall be grounds for immediate termination at the Board of Education’s sole and absolute discretion.

8. Weekly statements are required for each location and a tabulation for each location.

9. Copies of missing invoices must be received within 24 hours of request.

10. In the event the vendor fails to satisfy or rectify delivery or quality requirement(s) within ten (10) days of the date of notice from the Nutrition Center the Board of Education may suspend or terminate the contract and purchase the commodity from the next lowest responsive, responsible bidder,

11. The City reserves the right to substitute like/kind items under the bid.

VIII. TERMINATION OF CONTRACT

1. The contract terminates on stated date.

2. In the event that the Board of Education, prior to the above termination date has purchased the entire dollar amount of the merchandise, then the Board shall have the option to purchase additional merchandise under the same terms and conditions and at the same unit price, for delivery through the termination date.

3. The Bridgeport Board of Education reserves the right to cancel the contract at any time if the vendor’s performance is, in the opinion of the Bridgeport Board of Education, deemed unsatisfactory. In such event, the Nutrition Center in writing, shall notify the vendor of such unsatisfactory performance and the vendor shall be given thirty (30) days to remedy the problem(s). If conditions do not meet the Bridgeport Nutrition Center’s approval, the vendor will then be given, in writing, an additional thirty (30) days notice of termination with Board of Education authorization.

4. The vendor may not terminate for convenience. The BOE/City may terminate for convenience upon giving thirty (30) days written notice of termination, which shall not affect the City’s obligations for the payment of compensation for services rendered in compliance with this Agreement in the ordinary course through the date of termination.

5. Repetitious use of soiled and/or broken shipping containers or equipment shall be cause for cancellation of the contract by the Board of Education.

6. Contaminated/unwholesome food products will be cause for cancellation. Any product delivered in an UNACCEPTABLE condition (dented cans or boxes, ripped containers, etc.) MUST be picked up within 48 hours or another time that is agreed upon by the

Bridgeport Board of Education Nutrition Center, since items received in this condition could result in contaminated food.

7. There shall be no brand substitutions after the awarding of the bid without prior written approval from the Bridgeport Board of Education Nutrition Center.

IX. PRICE INCREASE

There will be firm pricing for the length of the term unless there is a major change in the market.

The Bridgeport Board of Education shall be notified 30 days in advance of any request for a price increase with supporting documents to substantiate said change in price. If the price change is not acceptable due to any reason, price will then be negotiated with the Bridgeport Board of Education.

X. RECALLS

Vendor is responsible to notify the Bridgeport Nutrition Center of any product recalls.

Vendor is responsible to provide verification that a product is released as safe to consume once the product has been categorized in a recall.

Vendor is responsible for pickup, disposal and replacement of all recalled products.

XI. RESERVATION OF RIGHTS:

This solicitation is for an Invitation to Bid only. This invitation to bid is not to be construed as a specific proposal or an offer to buy any products or services. Notwithstanding anything else herein to the contrary, the City/BOE expressly reserves all rights in its sole discretion and in the best interests of the City/BOE at any time prior to the selection of a preferred respondent and purchase order:

Bid Rejection: The City of Bridgeport/Board of Education reserves the right to reject any and all bids in whole or in part or to accept any bid, in its sole discretion if doing so deemed to be in the best interest of the City of Bridgeport. This includes the right to reject any or all bids or to decline to make an award. Further, the City of Bridgeport/BOE reserves the right to make an award to more than one bidder or make awards not based solely on low bid when time is of the essence.

MSDS: The City of Bridgeport/BOE may request MSDS (Material Safety Data Sheets) or additional product information and literature or samples on any brands or products proposed as equivalents to those listed herein prior to award or to be included with shipment.

Tax Delinquency: The City of Bridgeport reserves the right to ensure bidders are not delinquent on any City real estate and personal property taxes, ate the time of bid opening.

Purchase Order - Contract Award: The City of Bridgeport reserves the right to award a purchase order to the lowest responsive, responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the City of Bridgeport/BOE in terms of cost. Other factors such as lead time, equipment, availability and other factors specified in this solicitation may be considered.

Bid Dates: The City of Bridgeport reserves the right to modify any dates or other terms of the Invitation upon posting notice.

Liability: the City of Bridgeport is not liable to any Respondent for damages of any type, however arising.

XII. ADDITIONAL BID REQUIREMENTS:

Title: vendors are prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of the ultimate contract award or its rights, title or interest therein or its power to execute such agreement to any other person, company or corporation without the prior consent and approval in writing by the City/BOE.

Taxes: bidders should not include any taxes in their quotation for which the City is not liable. The City of Bridgeport will issue tax-exempt certificates covering the work upon request.

mailto:jason.chandersingh@bridgeportct.gov

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