IFB #251-26-142_SmallEquipment_FINAL.pdf

IFB #251-26-142

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Memorandum from Purchasing Department

Letter of Instruction for IFB #251-26-142

To: Prospective Parties

Thank you for your interest in the Wake County Public School System. Please review the following instructions prior to submitting your proposal.

• Prior to submitting and executing the proposal, please make sure you read and understand the terms and conditions referenced. All proposals are subject to the terms and conditions outlined herein. All responses will be controlled by such terms and conditions and the submission of other terms and conditions, price lists, catalogs, and/or other documents as part of an offeror’s response will be waived and have no effect either on this Information for Bids or on any contract that may be awarded resulting from this solicitation. The attachment of any other terms and conditions by the Offeror may be grounds for rejection of that proposal. Offeror specifically agrees to the conditions set forth in the above paragraph by signature to the proposal.

• Please read carefully the section titled CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING THE IFB PROCESS. All questions should be directed to bids-mcalvert@wcpss.net.

• Offerors are cautioned that this is a request for offers, not a request to contract, and WCPSS reserves the unqualified right to reject any and all offers when such rejection is deemed to be in the best interest of WCPSS.

• In submitting a proposal, the Offeror agrees not to use the results there from as part of any news release or commercial advertising.

• Submit one (1) signed, original executed proposal responses, one (1) photocopy, and one (1) electronic copy on a flash drive (emails not accepted) of your proposal simultaneously to the address identified below.

• Clearly mark each package with: (1) Vendor name; (2) the IFB number; and (3) the due date. Address the package(s) for delivery as shown in the table below. If Vendor is submitting more than one (1) proposal, each proposal shall be submitted in separate envelopes and marked accordingly. For delivery purposes, separate envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the proposal package.

mailto:bids-mcalvert@wcpss.net http://www2.wcpss.net/

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Invitation for Bid # 251-26-142

1551 Rock Quarry Rd – Bldg. F Proposals will be publicly opened: May 13, 2025 @ 2:00 PM/ET

Raleigh, NC 27610 Contract Type: Agency Specific Term

Refer ALL Inquiries to: Marcella Calvert Telephone No: 919-588-3457

Commodity: 481018 - CHILD NUTRITION SERVICES SMALL

EQUIPMENT

E-Mail: bids-mcalvert@wcpss.net Using Agency Name: WAKE COUNTY PUBLIC SCHOOL SYSTEM

NOTICE TO BIDDERS

Proposals, subject to the conditions made a part hereof, will be received at this office (1551 Rock Quarry Road, Raleigh, NC) until 2:00 p.m. on the day of opening and then opened, for furnishing and delivering the commodity as described herein. Proposals submitted via facsimile (FAX) machine in response to this Invitation for Proposals will not be accepted.

Proposals are subject to rejection unless submitted on this form.

EXECUTION

In compliance with this Invitation for Bid, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible vendor as set forth in G.S. 143-59.1. False certification is a Class I felony.

Vendors are subject to immediate disqualification at any stage of the selection process for any of the following:

• The submission of false or misleading information in the vendor’s proposal.

• Any efforts to dissuade or discourage other vendors from submitting proposals.

• Any efforts to influence, dictate, or change the terms of another vendor’s proposal.

• Any form of bid collusion or bid rigging.

Failure to execute/sign bid prior to submittal shall render bid invalid. Late bids are not acceptable.

BIDDER: FEDERAL ID OR SOCIAL SECURITY

NO.

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE

NUMBER:

TOLL FREE TEL.

NO

(800)

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE

TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Offer valid for 45 days from date of bid opening unless otherwise stated here: ____ days.

Prompt Payment Discount _________% ____________days.

http://www2.wcpss.net/

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IFB SCHEDULE

The table below shows the intended schedule for this IFB. WCPSS will make every effort to adhere to this schedule

Event Responsibility Date and Time (ET.)

Issue IFB WCPSS May 1, 2025

Submit Written Questions Vendor May 6, 2025 by 2:00 PM ET

Provide Response to Questions WCPSS May 8, 2025 by End of Business

Submit Proposals Vendor May 13, 2025 at 2:00 PM ET

PROPOSAL QUESTIONS

Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date.

Written questions shall be emailed to bids-mcalvert@wcpss.net by the date and time specified above. Vendors should enter “IFB 251-26-142 Questions” as the subject for the email. Question’s submittals should include a reference to the applicable IFB section and be submitted in a format shown below:

Reference Vendor Question

IFB Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, WCPSS’ response, and any additional terms deemed necessary by WCPSS will be posted in the form of an addendum and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any WCPSS personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this IFB. Addendums associated with the Invitation for Bid will be posted to the following links and it will be the vendor’s responsibility to adhere to and check these addendums prior to bid submittal:

http://webarchive.wcpss.net/about-us/purchasing/open-bids.html https://evp.nc.gov/solicitations/

PROPOSAL SUBMITTAL

Proposals, subject to the conditions made a part hereof and the receipt requirements described below, shall be received at the address indicated in the table below, for furnishing and delivering those items or services as described herein.

Mailing address for delivery of proposal

PROPOSAL NUMBER: IFB: 251-26-142

Wake County Public Schools

ATTN: Marcella Calvert

1551 Rock Quarry Rd. Building F

Raleigh, NC 27610

TRANSPORTATION CHARGES: “FOB Child Nutrition Services Warehouse, Building F, Door A, 1551 Rock Quarry Road, Raleigh, North Carolina 27610 with all transportation charges prepaid and included in the bid price proposal.”

IMPORTANT NOTE: All responses shall be physically delivered to the office address listed above on or before the bid due date in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier, or other delivery service is entirely on the Vendor. It is the sole responsibility of the Vendor to have the bid physically in this Office by the specified time and date of opening. The time of delivery will be marked on each bid when received, and any bid received after the bid submission deadline will be rejected. Sealed bids, subject to the conditions made a part hereof, will be received at the address indicated in the table in this Section, for furnishing and delivering the commodity as described herein.

mailto:bids-mcalvert@wcpss.net http://webarchive.wcpss.net/about-us/purchasing/open-bids.html https://evp.nc.gov/solicitations/

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a) Submit one (1) signed, original executed bid response and one (1) electronic copy (flash drive) simultaneously to the address identified in the table above.

b) Submit your bid in a sealed package. Clearly mark each package with: (1) Vendor name; (2) the IFB number;

and (3) the due date. Address the package(s) for delivery as shown in the table above. If Vendor submits more than one (1) proposal, each proposal shall be submitted in separate envelopes and marked accordingly. For delivery purposes, separate envelopes from a single Vendor may be included in the same outer package. Proposals are subject to rejection unless submitted with the information above included on the outside of the proposal package.

c) The electronic copies of your bid must be provided on separate read-only electronic flash drive. The files on the flash drive shall NOT be password protected, shall be in .PDF and/or .XLS format, and shall be capable of being copied to other media including readable in Microsoft Word and/or Microsoft Excel.

METHOD OF AWARD

1. All qualified bids will be evaluated, and awards will be made to the Vendor(s) meeting the IFB requirements and achieving the highest and best final evaluation.

2. Vendors shall not be considered who are not approved or authorized by The State of North Carolina to do business with The State of North Carolina.

3. WCPSS reserves the right to waive any minor informality or technicality in bids received.

See page 6 for Award Criteria.

PURPOSE AND BACKGROUND

It is the intent of the Wake County Public School Systems to request bids for the seven (7) new schools within the district. The Wake County Public School System (WCPSS) is the nation’s fifteenth largest school district and the largest in the state of North Carolina. With 116 elementary schools, 37 middle schools, 29 high schools, 6 alternative schools, 1 K-8 Academy and 2 Leadership Academies; we serve over 160,000 students. The Child Nutrition Services department (hereafter referred to as CNS) serves approximately 52,000 reimbursable lunches and 21,000 reimbursable breakfasts daily. Bidders must provide: Brand, Manufacturer’s Product Code, and Unit Price based on a direct shipment to the designated location as needed, to include all freight and unloading charges for each item quoted. This contract will establish a maximum price that WCPSS CNS will pay for any item covered by the contract during the term of that contract.

SCOPE OF WORK

Please provide a quote for school cafeteria small equipment items listed in the attached pricing proposal found on pages 42-49. If you are quoting a substitute model, please indicate such on your response and attach all specifications, drawings, and information in order for the end user to compare and review. WCPSS reserves the right to determine if the bidder’s functional equivalent is acceptable. Quotes submitted without the proper documentation will not be considered.

FIRM COSTS

The firm cost for each bid item is the manufacturer’s cost, plus freight, to the Dealer and shall also encompass the costs of the product’s receipt into storage, distribution, financing and profit, production losses, analyses cost, waste, labor, repackaging, overhead, transportation costs and ALL other costs of doing business for the line item. PRICES ARE ALL INCLUSIVE – Language for Unknown Costs Will Not Be Accepted.

QUANTITES

Quantities reflected in this bid are estimates based on the needs of the School District during the Contract term. These quantities are the best estimate of anticipated needs available at the time of publication of this bid, but the accuracy of this estimate may be affected by a number of factors including, but not limited to, budgetary adjustments, product pricing, availability of Federal funds or other subsidies, changing market forces, or unintentional errors or omissions. ACTUAL needs may be greater or less than the estimated quantities provided.

DEALER CHANGES TO PRE-APPROVED MANUFACTURER BRAND/CODE

All product brands and codes listed on the bid sheets are pre-approved and no products may be added to the bid spreadsheets without prior approval of the NCPA Board of Directors, with appropriate addenda released to eligible Dealers.

QUALIFICATIONS

• THE VENDOR shall be licensed and approved to do business in the State of North Carolina.

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• Insurance requirements referenced within as well as any Federal, State and Local requirements shall be required and maintained.

• Vendor will provide sufficient qualified personnel to carry out the project in a timely fashion.

• Vendor may be requested to demonstrate experience in performing similar projects.

• Vendor will be disqualified for consideration if they are listed on either the State of North Carolina debarred vendor registry, or the Federal Government debarred vendor registry.

• (Federal Government) https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf

• (State of North Carolina) https://ncadmin.nc.gov/documents/nc-debarred-vendors

DEALER MINIMUM Qualifications

The Dealer awarded the Contract must have a minimum of one (1) year of experience in commercial sales of food service small equipment business and must maintain all required state and local business licenses and a Certificate of Authority from the Secretary of State of North Carolina. The Dealer shall provide documentation of applicable license, certification, commercial experience, storage, and delivery equipment and/or letters of current customer and supplier reference upon request of the School District for qualification to furnish products and services in accordance the General Terms and Conditions of this bid.

Product will ship FOB to: Wake County Public Schools Child Nutrition Services Warehouse, Bldg. F, Door A 1551 Rock Quarry Road Raleigh, NC 27610

SPECIAL CONDITIONS

DELIVERIES

a. All services shall be made between the hours of 7:00 A.M. and 2:00 P.M. Monday through Friday, except holidays to Wake County Public Schools/Central Services Center, Child Nutrition Services Warehouse, Building F, Door A, 1551 Rock Quarry Road, Raleigh, NC 27610.

b. All shipments require 24-hour notice prior to delivery.

c. Dock times can be arranged by contacting: The CNS Warehouse Supervisor (919) 588-3542, CNS

Warehouse Team Leader (919) 588-3543 or CNS Processing Technician (919) 588-3541. Deliveries without a docking appointment may be refused.

d. Packaging must be marked as indicated on the Purchase Order. Each shipment must include a packing list and waybill or delivery ticket.

e. Orders must be delivered palletized and separated by Purchase Order and school.

In the event of inclement weather, forcing the cancellation of schools on the delivery day, the delivery will be made on an alternate day agreed upon by the Child Nutrition Director and /or the WCPSS CNS designee. The vendor must immediately notify the Child Nutrition Director and/or the WCPSS CNS designee by telephone and/or email, if any delay occurs. The CNS Director or designee will have the option to cancel the order if they are unable to accept the delay. At the discretion of WCPSS CNS, items received after the due date, for which the WCPSS has not been notified regarding the delay, may be returned at the vendor’s expense with no penalty to WCPSS CNS.

Repeated failure to meet delivery dates will constitute a breach of contract by the vendor, and may result in the initiation of actions covered in section #32 of this General Terms and Conditions document entitled “Remedies for Non- Performance of Contract, and Contract Termination” and the associated financial impacts attached thereto, as well as jeopardize any future business from the WCPSS.

All freight, delivery, and handling charges are the responsibility of the bidder, and all bid prices must be quoted freight prepaid, F.O.B. destination, and shall include all freight, delivery, and handling charges, including unloading and inside deliveries where required. The bid package includes a summary listing of the participating schools of the WCPSS, the quantities (if this is a line-item bid), and the number of delivery locations at the time this IFB was mailed.

Cartons must be marked as indicated on the Purchase Order. Each shipment must include a packing list and waybill or delivery ticket.

If the vendor is delivering products out of more than one warehouse or distribution center, all warehouses or distribution centers involved in the distribution plan MUST carry, or have timely access to, all awarded items and MUST be able to respond to orders in a timely manner. Unless otherwise specified in this IFB, product substitutions are not allowed, and the involvement of multiple distribution centers will not be construed to alter the restrictions against product substitutions.

In the event the vendor uses multiple distribution centers, the WCPSS Child Nutrition Services will have ONE CONTACT PERSON for overall contract management relative to any contract resulting from any award under this IFB, and the WCPSS WILL NOT be required to deal with multiple vendor contracts for overall contract management.

https://www.sam.gov/SAM/pages/public/searchRecords/searchResults.jsf https://ncadmin.nc.gov/documents/nc-debarred-vendors

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Except for items that have hidden defects or that do not meet specification, title to all products shall pass to the WCPSS upon receipt and acceptance at the time of delivery.

DELIVERY TICKETS, INVOICING, & DISTRIBUTOR PAYMENT(S)

Two (2) delivery tickets shall be provided to the school or warehouse receiver at the time of delivery. Delivery tickets shall contain the purchase order number, Distributor name, name and address of the delivery location, item description, item number, quantity, case price, and extended total. Delivery tickets not signed by authorized personnel (receivers) will not be paid.

Payment will be due to the Distributor awarded the Contract within forty-five (45) days of date of the statement, or more frequently, as designated by the School District.

Successful bidder shall be able to provide an electronic standard EDI810 file delivered to a WCPSS FTP/SFTP site/FNS folder within six (6) months of the contract start date.

RECALLS

The Distributor shall be required to notify the School District’s Child Nutrition Services Senior Director or his/her designee of any manufacturer’s recalls regarding items delivered within 24 hours.

TERMS AND CONDITIONS

In the event there is a conflict between the NCPA Terms and Conditions and the School District Terms and Conditions, the School District Terms and Conditions take precedence.

Applicable School District Policies

The distributor acknowledges that the School District has adopted policies governing conduct on all property owned by the School District and agrees to abide by any and all relevant board policies while on its property. Distributer acknowledges that these policies are available online on the School District’s website. In particular, Distributer acknowledges that it has received copies of or has access to (via School District’s website) and will abide by all applicable School District policies, including, but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students.

Severability If any provision of this Contract shall be declared invalid or unenforceable, the remainder of the Contract shall continue in full force and effect.

Dealer has read and agrees to provide the special conditions.

X

AWARD CRITERIA

As provided by statute, award will be based on the lowest and best bid (most advantageous to Wake County Public School System) as determined by consideration of:

1. Prices offered.

2. Quality of item(s) offered.

3. General reputation and performance capabilities of the bidder.

4. Conformity with specifications herein.

5. Delivery and installation schedule.

6. Location and availability of service and repair facilities and personnel.

7. Suitability for Intended Use.

8. References provided for proposed item(s). Form N

9. Demonstration of proposed item(s) and/or tasting of the product(s).

It is understood that the WCPSS may use all means at their collective disposal to evaluate the bids received on these criteria, and the final decision as to the best overall offer, both as to price and to suitability of the products and/or services offered to fit the needs of the WCPSS, will solely rest on the Child Nutrition Senior Director and /or the WCPSS CNS.

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AWARD OF CONTRACT

It is the general intent to award this contract to a single overall bidder. The right is reserved, however, to make awards to multiple bidders, if such shall be considered by Wake County Public School System to be most advantageous or to constitute its best interest. Bidders should show unit prices but are requested also to offer a total price per item.

The successful bidder(s) will be notified by “Notice(s) of Award” issued by the WCPSS Purchasing Department.

Bid audits may be conducted as a means of determining and/or verifying the cost quoted by the Vendor.

SOURCE SELECTION

WCPSS will review all information submitted in order for WCPSS to award the contract to the bidder providing the most responsive/responsible low bid.

The evaluation committee may request clarifications, an interview with or presentation from any or all bidders. However, the WCPSS may refuse to accept, in full or partially, the response to a clarification request given by any bidder. Bidders are cautioned that the evaluators are not required to request clarifications; therefore, all offers should be complete and reflect the most favorable terms.

Evaluation Process Explanation. WCPSS employees will evaluate all proposals. All proposals will be initially classified as being responsive or non-responsive. If a proposal is found non-responsive, it will not be considered further. All responsive proposals will be evaluated based on stated evaluation criteria, as provided with this IFB. Any references in an answer to another location in the IFB materials or Proposal shall have specific page numbers and sections stated in the reference.

To be eligible for consideration, a bidder must meet the intent of all requirements. Compliance with the intent of all requirements will be determined by WCPSS. Responses that do not meet the full intent of all requirements listed in this IFB may be subject to point reductions during the evaluation process or may be deemed non-responsive. Further, a serious deficiency in the response to any one factor may be grounds for rejection.

Bidders are advised that WCPSS is not obligated to ask for or accept after the closing date.

Bidder may be disqualified from any evaluation or award if bidder or any key personnel proposed, has previously failed to perform satisfactorily during the performance of any contract with WCPSS, or violated rules or statutes applicable to public bidding in the State of North Carolina, as documented. Vendors must not be debarred from doing business with the State of North Carolina or Federal Government.

CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

During the evaluation period—from the date bids are opened through the date the contract is awarded—each Vendor submitting a bid (including its representatives, sub-contractors and/or suppliers) is prohibited from having any communications with any person inside or outside of WCPSS, other government agency office, WCPSS body or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the contents of another Vendor’s bid, another Vendor’s qualifications or ability to perform the contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of bids and/or the award of the contract. A Vendor not in compliance with this provision shall be disqualified from contract award, unless it is determined in WCPSS’ discretion that the communication was harmless, that it was made without intent to influence and that the best interest of WCPSS would not be served by the disqualification. A Vendor’s bid may be disqualified if its sub-contractor and supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement to the date of contract award). Please contact bids-mcalvert@wcpss.net.

VENDORS ARE CAUTIONED THAT ALL RESPONSES MUST BE ORGANIZED, IDENTIFIABLE AND READILY

ACCESSIBLE. A TEMPLATE IS PROVIDED FOR USE BUT ANY ADDITIONAL INFORMATION SHOULD

REFLECT IDENTIFIABLE LANGUAGE AND BE ACCESSIBLE AND ORGANIZED.

NON-PREFERENCE

It is the intent of WCPSS to procure products in the stated quantity, quality, and size as described in this request while adhering to general statutes specific to public schools and WCPSS Board of Education policy. The manufacture, brand name and model numbers are used to provide respondents specific information on the quality and usefulness of the product that is being requested. These references are not intended to restrict comparable products. Other manufacturers and brands will be considered if they meet or exceed the minimum standards of the product referenced. See below for accompanying literature that is required when submitting your bid.

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DESCRIPTIVE LITERATURE/CERTIFICATION

Each bid shall be accompanied by complete descriptive literature, specifications, certifications, and all other pertinent data necessary for thorough evaluation of the item(s) bid and sufficient to determine compliance of the item(s) with the specifications.

CONTRACT TERM

The transfer, assignment, or subcontracting of contracts is prohibited, and the bidder agrees not to sell, assign, transfer, convey, or subcontract any portion of this contract resulting from this IFB without the prior written consent of WCPSS. This will be a one-year term contract beginning at the award of bid through April 30, 2026.

BID EVALUATION

Bids are requested on the items and/or equipment as hereinafter specified or like items similar in design, function, and performance. Wake County Public School System reserves the right to reject any bid on the basis of function, compatibility with user requirements of utility as well as costs. Bidder(s) are cautioned that any/all information furnished or not furnished on this bid may be used as a factor in determining the award of this contract.

SUBSTITUTIONS

The WCPSS will not accept any substitutes after items(s) have been awarded as specified, unless such substitutions are deemed to be in the best interest of the WCPSS Child Nutrition Services, and unless prior agreements have been reached and reduced to writing regarding such substitutions. Substitutions need to have the same nutritional contents of the awarded items. Substituting without the prior approval by the WCPSS designee will constitute a breach of contract by the vendor which may result in the initiation of actions covered in section #32 of this General Terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Contract Termination” and the associated financial impacts attached thereto and may jeopardize any future business from the WCPSS.

Substitutions will not be accepted or considered without at least a 48-hour notice prior to delivery.

CHARGES FOR INCONVENIENCE

After acceptance, the successful vendor will be liable for any expenses, including attorney fees, incurred as a result of violations or attempts to enforce this contract.

If the vendor is unable to deliver an approved product, the respective Wake County Public Schools Child Nutrition Services office shall purchase a product of equal or greater quality from another source. The difference between price paid and contract price will be charged to the contracted vendor.

COMPLIANCE WITH CLEAN AIR AND WATER ACT

By signing this bid, the bidder certifies that the vendor is in compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14(l) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator of the Enforcement.

COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT

By signing this bid, the bidder certifies that the vendor is in compliance with all applicable standards, orders, regulations, and policies related to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conversation Act (Pub. L 94-163, 89 Stat. 871). [53 FR 8044, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19641, Apr. 19, 1995]

DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

As requested by Executive Order 12549, Debarment and Suspension, and implemented at 15 CFR Part 26, for prospective participants in primary covered transactions, as defined in 15 CFR Part 26, Sections 26.105 and 26.110-1) the prospective primary participant certifies to the best of its knowledge and belief, that is and its principles:

are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency.

have not, within a three-year period preceding this bid, been convicted of or had a judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property:

9 | P a g e are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and have not, within a three-year period preceding this application/bid, had one or more public transactions (Federal, State, or local) terminated for cause or default.

By signing this bid, the bidder certifies that the vendor is in compliance with Federal, State, and local guidelines. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid. DEBARMENT, SUSPENSION and OTHER RESPONSIBLTITY MATTERS compliance is addressed in FORM F.

DEVIATIONS

Any deviations from specifications and requirements herein must be clearly pointed out by bidder. Otherwise, it will be considered that the product offered is in strict compliance with these specifications and requirements, and the successful bidder will be held responsible, therefore. Deviations must be explained in detail below or on an attached sheet.

However, no implication is made by Wake County Public School System that deviations will be acceptable. Bidder is advised that the response (or lack thereof) to this question does not take precedence over specific responses or non-responses provided elsewhere in this bid.

Deviations from Item Specification or General Terms and Conditions Any and all limitations, expectations, qualifications, special conditions, or deviations from these General Terms and Conditions or any of the item specifications, including the offering of any alternate to the “approved brand and/or model” (where identified) must be clearly noted in detail by the bidder at the time of submission of the bid. The absence of such limitations, exceptions, qualifications, special conditions, or deviations being submitted in writing with the bidder’s response will hold the bidder accountable to the WCPSS to perform in strict accordance with all these General Terms and Conditions and all the item specifications as written, including any such limitations, exceptions, qualifications, special conditions, or deviations with the bid response may place the bidder at a competitive disadvantage or otherwise prevent the WCPSS from considering to bid on the affected items(s).

Any deviation from any of the item specifications, including the delivery of any product other than the specific brand and model of the product awarded, will be grounds for rejection of the product(s) when delivered, and will expose the vendor to the remedies identified in section #32 of this General Terms and Conditions document entitled “Remedies for Non- Performance of Contract, and Contract Termination” and may jeopardize future business from the WCPSS. DEVIATION compliance is addressed in FORM H.

FIRM BID

Prices and any other entry made hereon by the potential vendor shall be considered firm and not subject to change or withdrawal. No exceptions.

WITHDRAWAL OR MODIFICATION OF BID

Subject to the restrictions discussed below, the WCPSS will consider a WRITTEN request from any bidder that the bidder be allowed to withdraw any bid submitted, but ONLY IN ITS ENTIRETY, and ONLY UNTIL THE DUE DATE AND TIME FOR BID SUBMISSION as stated in the Bid Certification included with this IFB. A representative of the bidding entity who is authorized to enter into contracts on behalf of the bidding entity must manually sign any request for the withdrawal of any bid in ink, and the person signing the request must indicate his/her title along with his/her signature.

No bid may be withdrawn after the date and time that bids are due as specified in the Bid Certification. Only bids that have been submitted consistent with the instructions relating to packaging and labeling of the bid will be considered for withdrawal.

If there is any question in the mind of the management of the WCPSS regarding the identity of the bid or the identity of the bidder relation to any request for the withdrawal of any bid, the WCPSS will refuse to allow the withdrawal of the bid. Withdrawal of any bid allowed by the WCPSS will require the completion and signature of a written receipt by the bidder’s representative satisfactory to the WCPSS Administrator before the bid will be released. The decision of the WCPSS Administrator in relation to any matters concerning bid withdrawal will be final.

If a bidder requests to withdraw a bid and the WCPSS allows the withdrawal of the bid, the bidder may resubmit the bid, or submit a new bid, up until the due date and time for bid submission as stated in the Bid Certification included with this IFB, provided any new submission meets all the qualifications of bid submission included in these General Terms and Conditions.

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If a bidder resubmits a bid that was withdrawn and makes changes to any document in the bid package, an authorized agent of the bidder must initial all alterations made to any bid document.

All bids in possession of the WCPSS at the time bids are due shall be deemed final, conclusive, and irrevocable, and no bid shall be subject to withdrawal, amendment, or correction after the due date and time for bid submission as stated in the Bid Certification included with this IFB.

PRICING

All “line item” bids must be for a specific price for the unit of measure specified for that item. The offeror is responsible for clearly noting any differences in proposed packaging and/or units of measure in the bid response, and the offeror shall understand that if the item in question is awarded by the offeror, the quantity specified for that item will be adjusted to achieve an approximate equivalent amount of the product.

In cases where another price is requested for comparison purposes (e.g., “portion price” or “price per ounce”), such price is for comparison purposes only. Purchases will be made in the increments of the unit of measure specified. In the case of any discrepancy or error in comparison price calculations, the price for the unit of measure specified will prevail. Excessive errors in comparison price calculations will be sufficient grounds for rejection of the entire bid.

Allowable costs will be paid from the nonprofit school food service account to the offeror/contractor net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA. The offeror/contractor agrees to fully disclose all discounts, rebates, allowances, and incentives received by the Company from its suppliers.

If the offeror/contractor receives a discount, rebate, allowance, or incentive from any supplier, the offeror/contractor must disclose and return to the Wake County Public School System District the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the Wake County Public School System District. All discounts, rebates, allowances, and incentives must be returned to the Wake County Public School System District during a mutually agreed upon timeframe that is beneficial to the School District.

“Cost Plus” bids will not be accepted unless otherwise requested in this IFB.

Bid Prices must be firm for acceptance throughout the term of the contract, unless otherwise specified in this IFB or in the bidder’s response.

If during the term of the contract, a successful bidder’s net prices to any or all of its other customers in similar market circumstances for any of the same items awarded under this IFB are reduced below the contracted price, it is understood and agreed that the benefits of such price reduction shall be extended to all participants of the WCPSS.

VALUE ADDED

Value added options and services including, but not limited to, product merchandisers and other purchasing incentives will not be considered as a factor in evaluating the award of this Bid.

MAKE AND MODEL

Manufacturer’s name and model/catalog numbers used are for the purpose of identification and to establish general quality level desired. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. However, bidders are cautioned that any deviation from specifications must be pointed out in their bid.

SAMPLES

Samples are not required prior to bid opening date; however, if required later, bidder agrees to furnish samples of items offered at no expense to WCPSS within 10 consecutive calendar days after the request is made by WCPSS. Bids which do not comply with these requirements will be subject to rejection.

SUITABILITY FOR INTENDED USE

Bidders are requested to offer only comparable equipment which will provide the equivalent capabilities, features, and diversity called for herein. Wake County Public School System reserves the right to evaluate all bids for suitability for the required use and to award the one best meeting requirements and thought to be in the Wake County Public School System’s best interest.

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WARRANTY

Vendor warrants to WCPSS that any and all equipment/goods under the specifications requested will be new, of good material and workmanship and agrees to replace promptly any item that does not meet the quality specifications and operational standards set forth by WCPSS requirements, which by reason of defective material or workmanship shall fail under normal use, free of negligence or accident, for a minimum period of twelve (12) months from date put in operation. Such replacement shall include all parts, labor, and transportation cost to the location where item(s) are located and free of any charge to the owner or his representative.

Vendor shall include all warranty information with submittal of bid. Warranty information is subject to consideration for award of bid. By submission of a bid, the bidder warrants that the bidder is an authorized dealer, vendor, or manufacturer for the product(s) being offered, that all items bid conform to the specifications for which the items are being offered, and that all items supplied under any contract related to this IFB will be free from all defects in material, workmanship, and title.

A minimum of 90-days product guarantee or the manufacturer’s standard commercial warranty, whichever is greater, shall apply to all products purchased under this IFB. This warranty shall provide for replacement of defective merchandise from the specified WCPSS location and delivery of the replacement(s) to the same location. The warranty shall be effective from the date of acceptance of the merchandise.

EQUAL EMPLOYMENT OPPORTUNITY (EEO) DISCLOSURES

By submission of a bid, the bidder agrees that in the performance of any contract resulting from any award under this bid, the bidding entity will comply with all applicable equal employment opportunity laws and regulations, including, but not limited to, an agreement not to deny any benefit to, exclude from any opportunity, or discriminate in any way against, any applicant, employee, or any other person because of age, color, creed, gender, handicapping condition, marital status, national origin, political affiliation or belief, race, religion, or veteran status.

The Bidder shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations, 41 CFR Part 60.

The occurrence of any prohibited discrimination will constitute vendor’s breach of contract due to a substantial failure by the vendor to fulfill its obligations, whereupon the WCPSS may terminate the vendor’s contract for cause as provided by section #32 of this General Terms and Conditions document entitled “Remedies for Non-Performance of Contract, and Contract Termination.”

FORCE MAJEURE

The term Force Majeure shall include, but is not limited to, governmental restraints or decrees, provided they affect all companies in the vendor’s industry equally and are not actions taken solely against the vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage.

The parties to this contract will be required to use due caution and preventative measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred shall rest on the party seeking relief under this section. The party seeking relief due to Force Majeure will be required to promptly notify the other party in writing, citing the details of the Force Majeure event, and will be required to use due diligence to overcome obstacles to performance created by the Force Majeure event, and shall resume performance immediately after the obstacles have been removed, provided the contract has not been terminated in the interim.

Delay or failure of performance, by either party to this contract, caused solely by the Force Majeure event shall be executed for the period of delay caused solely by the Force Majeure event, provided the affected party has promptly notified the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure.

WCPSS will be responsible for any costs incurred by the vendor because of the Force Majeure event unless the WCPSS has requested, in writing, that the vendor incur such costs in connection with any delay or work stoppage caused by the Force Majeure event, and the WCPSS has agreed in such writing to incur such additional costs.

Notwithstanding any other provision of this section, in the event the vendor’s performance of its obligations under this contract is delayed or stopped by a Force Majeure event, the WCPSS shall have the option to terminate this contract in accordance with section #32 of this General Terms and Conditions document entitled “Remedies for Non-

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Performance of Contract, and Contract Termination.” Furthermore, this section shall not be interpreted as to limit or otherwise modify any of the WCPSS’s rights as provided elsewhere in this contract.

RECORDS RETENTION

By signing this bid, the bidder understands that the WCPSS, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract, for the purpose of audits, examinations, excerpts, and transcriptions.

The bidder is required to retain pertinent records for five (5) years plus the current school year after the WCPSS make final payments and all other pending matters are closed.

REMEDIES FOR NON-PERFORMANCE OF CONTRACT, AND TERMINATION OF CONTRACT

If the vendor cannot comply with the terms and conditions in fulfilling its contract as anticipated, the vendor must supply the same products or services contracted from other sources at the contract price.

The vendor’s delay in the above will constitute the vendor’s material breach of contract, whereupon the WCPSS may terminate the vendor’s contract for cause as provided by the remainder of this section.

Unless this contract is extended by mutual agreement of the parties beyond the expiration of the contract time period as stated on the Bid Certification sheet, this contract shall terminate upon the expiration of the contract term as stated on the Bid Certification sheet.

If any delay or failure of performance is caused by a Force Majeure event as described above in the General Terms and Conditions entitled “Force Majeure,” the WCPSS may, in its sole discretion, terminate this contract in whole or part, provided such termination follows the remaining requirements of this section.

Except as otherwise provided for within the General Terms and Conditions of this document, this contract may be terminated in whole or in part by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given (1) at least ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party, followed by a reasonable opportunity, of not more than ten (10) working days, to rectify the defects in products or performance, prior to termination.

Valid causes for termination of this contract will include, but are not limited to:

a) the vendor’s failure to adhere to any of the provisions of the General Terms and Conditions of this IFB,

b) the vendor delivering any product(s) that fails to meet the Item Specifications included in this IFB relating to the awarded product(s)

c) the vendor delivering any substitution(s) of product(s) different than those originally bid and awarded without the prior written approval of the WCPSS placing the order,

d) the vendor’s failure to meet the required delivery schedules as identified in the contract documents, or

e) the vendor’s violation of any other provision contained within these General Terms and Conditions or any attachment thereto which provides for contract termination as a remedy

f) the vendors are not permitted to contact managers or staff at school level about items that can be ordered or should be ordered. Bids are awarded through the main office only. All purchases and purchase orders are processed and distributed through the central Child Nutrition Business office only.

Notwithstanding anything contained in this section, in the event of the vendor’s breach of any provision in this contract, the WCPSS reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the Wake County Public Schools, including, but not limited to, the purchase of other products of like type and quality from other sources in the open market. In the event the WCPSS elects to purchase other products from other sources, the WCPSS will invoice the vendor for any increased costs to the WCPSS, and the vendor agrees, by submission of a bid response, to promptly pay any such charges invoiced.

In the event the WCPSS terminates this contract, in whole or in part, for any reason provided for within the contract, the WCPSS reserves the right to award the cancelled contract, or any portion thereof, to the next lowest or best bidder as it deems such award to be in the best interest of the Wake County Public Schools.

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Any contract termination resulting from any cause other than a Force Majeure event will deemed valid reason for not considering any future bid from the defaulting vendor.

In the performance of this contract, time is of the essence and these General Terms and Conditions are of the essence.

RIGHT TO ASSURANCE

Whenever one party to this contract in good faith has reason to question the other party’s intent to perform, he may demand that the other party give a written assurance of his intent to perform. In the event that a demand is made, and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

SUB-CONTRACTING SERVICES

The transfer, assignment, or subcontracting of contracts is prohibited, and the bidder agrees not to sell, assign, transfer, convey, or subcontract any portion of this contract resulting from this IFB without the prior written consent of

WCPSS.

ASSIGNMENT – DELEGATION